Filing for Work Papers without the I-864

[Mela17 36]

Hi,

My fiancee and I may have to file for his work papers without filing for the AOS as I don't meet the income requirements to sponsor him myself, and finding a co sponsor is proving to be impossible so far. Does the I-765 form expire? How long can he work in the US without a green card?

Thanks!

[belinda63 3,047]

Is he already in the US? You need to provide the I-134 for his interview when he applies for the K-1.

Once he arrives on his K-1 he can apply for his work permit without filing for AOS BUT it will expire the same time as his I-94 (90 days after arrival). Since it takes about three months to received the work permit, it would essentially expire around the time he received it. This is why most people wait to file for it along with AOS, when it will be valid for one year or until the green card arrives.

He cannot legally work in the US without either the EAD or a green card. Even if say he did obtain employment without authorization (which is illegal), the income could not be included on the I-864.

[Nich-Nick 3,354]

Hi,

My fiancee and I may have to file for his work papers without filing for the AOS as I don't meet the income requirements to sponsor him myself, and finding a co sponsor is proving to be impossible so far. Does the I-765 form expire? How long can he work in the US without a green card?

Thanks!

He is given 90 days in the US which is marked on his I -94 card. He can submit an I-765 and pay the $380. It will take 60-90 days for approval. He will only be authorized to work until his original 90 days is up. Do the math. It makes no sense to spend $380. At best...he applies the day he arrives in the US, waits 60 days for approval, and gets 30 days to work before the authorization expires. At worst...by the time he gets to the approval stage, his 90 days is already up so no work authorization. No refund of your $380 either.

There is no fee for the I-765 when sent with AOS.

Edited January 28, 2013 by Nich-Nick

[Penguin_ie 5,997]

*** Moving from K1 to Working during Immigration forum ****

[Villanelle 4,122]

Everything above is correct. While some people do get their EADs approved quicker then others (as soon as 45 days to 2 months from the date they applied)the average wait time is 3 months. Your K1 is only valid for 3 months. An EAD issued on a K1 will have an expiration date matching the K1s expiration date.

When you file for AOS, EAD and AP are free so youre looking at roughly a thousand bucks for all 3 forms. But it seems like its not the cost, its the 864 youre worried about.

Im trying to think if theres any other solutions... I know if you submit something and theres an RFE for something like the marriage certificate your process stops- none of your applications move forward not the 485, not the EAD, not the AP. But Im not exactly sure if you were RFEd because your 864 did not meet the guidelines- would they stop your husbands EAD application from being processed? Anyone have any thoughts on that? Would it be wise for her to pay the thousand bucks and submit her package with an insufficient 864? Would they issue him an EAD card that he could then work on and then either depending on the timing of the RFE either add his income to the 864 or reapply later? (it would also depend on if her 864 is reviewed before or after the EAD application is processed- if its after, the ead will be issued, if its before, the rfe will be issued before the ead and may cause it to be delayed or not issued, thats where Im not sure- does anyone know for sure?)

Also if you husband has any assets they can be included in the 864 to make up for your income. Your assets can be used as well. Are you sure you tried to squeeze everything you could out of the form?

[Nich-Nick 3,354]

Anyone have any thoughts on that? Would it be wise for her to pay the thousand bucks and submit her package with an insufficient 864? Would they issue him an EAD card that he could then work on and then either depending on the timing of the RFE either add his income to the 864 or reapply later? (it would also depend on if her 864 is reviewed before or after the EAD application is processed- if its after, the ead will be issued, if its before, the rfe will be issued before the ead and may cause it to be delayed or not issued, thats where Im not sure- does anyone know for sure?)

My thoughts are pretty basic. If you don't have the means to sponsor an immigrant, then find a job or two and wait until such time that he will successfully obtain a greencard. Spending almost $1100 hoping to stall for some time is not a great solution. Immigrants don't often find a job immediately and start earning big bucks. If the RFE card is played and they still haven't quickly scraped up enough money, then the greencard will be denied. Then what?

The OP didn't say if the visa has been approved or if he is in the US already. The timeline stops at NOA2. They don't seem to be married.

[Villanelle 4,122]

Its not relevant if the OPs timeline stops at NOA2 or if they are married yet or if hes in the US. Theres nothing wrong with planning ahead. According to her post, shes not going to be able to meet the guidelines to sponsor, shes finding it difficult to find a co-sponsor and shes looking for options.

Her idea was to file for the EAD under the K1- it was a good idea, but its not going to work.

So what are some valid options she has?

There have been posts where people have posted- File for AOS, have your spouse start working with their EAD, their income can be added to the 864 when you get the RFE to make up for the deficiency in your income when you get the RFE. Maybe its not the greatest solution, but it is a solution.

Another solution would be like you posted. Have the USC obtain another part time job and have the spouse remain out of status while you wait to file.

So which is more ideal?

Edited January 29, 2013 by capri

[Nich-Nick 3,354]

Its not relevant if the OPs timeline stops at NOA2 or if they are married yet or if hes in the US. Theres nothing wrong with planning ahead. According to her post, shes not going to be able to meet the guidelines to sponsor, shes finding it difficult to find a co-sponsor and shes looking for options.

Well I wished to know so I could give better answers. How will he get a visa with no other sponsor? Did he already get a visa? Does she know she can stall the visa for a period of time while she works out the money issue? Is he here already. Has the I-94 expired? I find it easier to answer without saying if he doesn't have this, then.....but if he has that, then.... You know, get kinda straight to the point. When I first read the post, I thought it sounded like he was here. That's the only reason it is relevant to me.