Fiance coming, do we need an I-765?

[cheyenne7700 0]

My fiance will be coming to the US with his K-1 on Dec. 3rd. Does he need to apply for an I-765 in order to work? They didn't tell us anything at the interview. I've read that it can take longer than 90 days to process the I-765, so would it be a waste to pay the $180 filing fee if it won't even be processed before the wedding? Any insight would be great!

[Kez/JWolf 6]

If he flies into JFK he can ask for the Temp EAD stamp.... JFK looks like the only POE that is still doing it.... that will allow him to work for 90 days then he will need to stop work until he has the 1 year EAD that you will file for along with his AOS...

If he does not come through JFK then there is no point in filing for EAD based on K1 as it take 70 - 90 days to get... better to wait and file as soon as you can after the wedding along with his AOS...

[BJZags 17]

If he does not come through JFK then there is no point in filing for EAD based on K1 as it take 70 - 90 days to get... better to wait and file as soon as you can after the wedding along with his AOS...

If you wait until after the wedding to file for EAD along with AOS, what is the point if after AOS you have the right to work because of this new status?

[riblet 0]

The point is that often AOS takes a long time, and with the EAD you can work while you are waiting for AOS. Some people are lucky and get AOS in a few months, but fro some people it takes up to a couple of years or so.

If he does not come through JFK then there is no point in filing for EAD based on K1 as it take 70 - 90 days to get... better to wait and file as soon as you can after the wedding along with his AOS...

If you wait until after the wedding to file for EAD along with AOS, what is the point if after AOS you have the right to work because of this new status?

[BJZags 17]

The point is that often AOS takes a long time, and with the EAD you can work while you are waiting for AOS. Some people are lucky and get AOS in a few months, but fro some people it takes up to a couple of years or so.

Does anyone know what "form" or paperwork comes to the wife once the AOS is approved? I'm thinking in terms of the documents referred to in the I-9 form for the required "verification" by employers.

[Neonred 3,562]

The point is that often AOS takes a long time, and with the EAD you can work while you are waiting for AOS. Some people are lucky and get AOS in a few months, but fro some people it takes up to a couple of years or so.

Does anyone know what "form" or paperwork comes to the wife once the AOS is approved? I'm thinking in terms of the documents referred to in the I-9 form for the required "verification" by employers.

Welocome letter and Green Card!

[BJZags 17]

[Welocome letter and Green Card!

OK, so when AOS granted, she gets the I-551 which is column A for I-9 making her ready to work. But before the AOS, she'll have a state drivers license or ID from column B, and a social security card bcause of K1 status which is from column C, which is all she needs under I-9. The need for an EAD still confuses me and is contrary to the black-letter of the law.

[Kez/JWolf 6]

[Welocome letter and Green Card!

OK, so when AOS granted, she gets the I-551 which is column A for I-9 making her ready to work. But before the AOS, she'll have a state drivers license or ID from column B, and a social security card bcause of K1 status which is from column C, which is all she needs under I-9. The need for an EAD still confuses me and is contrary to the black-letter of the law.

Nope SSN card will have a restriction on it say it is only valid with DHS autorisation... so you still need an autorisation document to prove you are Employment authorised... that is why you need the EAD stamp or an EAD card....

[BJZags 17]

Nope SSN card will have a restriction on it say it is only valid with DHS autorisation... so you still need an autorisation document to prove you are Employment authorised... that is why you need the EAD stamp or an EAD card....

That is crazy. Social Security states that K1 authorized to work "without" authorization, but they turn around and issue a SS Card which requires authorization. They are just bound and determined to get as much money out of me as possible. Thank God the war and federal highways are in such good condition, or I'd feel like I'm being fleeced by my govt.

[Jasman0717 9]

If he does not come through JFK then there is no point in filing for EAD based on K1 as it take 70 - 90 days to get... better to wait and file as soon as you can after the wedding along with his AOS...

If you wait until after the wedding to file for EAD along with AOS, what is the point if after AOS you have the right to work because of this new status?

Good point if the AOS is processed quickly. Claudeth got her EAD after about 2 1/2 months from filing and her GC about 2 months after that so it was kind of a waste to have filed for the EAD. Others aren't so lucky and sometimes go over a year before the AOS has been completed. I guess it is just a gamble as to whether to file for the EAD or not. Good luck

[BJZags 17]

Good point if the AOS is processed quickly. Claudeth got her EAD after about 2 1/2 months from filing and her GC about 2 months after that so it was kind of a waste to have filed for the EAD. Others aren't so lucky and sometimes go over a year before the AOS has been completed. I guess it is just a gamble as to whether to file for the EAD or not. Good luck

Of course, there is the question of whether EAD along with AOS is technically proper, since sort of in limbo between K1 and PR: EAD needed for K1, but after marriage and AOS filed, no-longer K1 status, so what are you? Its a game of chicken or the egg with the law. Or can you thoeoritically stay K1 (assuming marriage in 90-days) forever without AOS?

[Kez/JWolf 6]

Once you have married within the 90 days allowed on a K1 and your I-94 has expired you would be out of status.... when you file for AOS you change from K1 to Adjustment pending or from out of status if after I-94 expired to adjustment pending....

If you just did not bother to file for AOS you would not be able to work or travel...

[nathmc31 0]

My fiance will be coming to the US with his K-1 on Dec. 3rd. Does he need to apply for an I-765 in order to work? They didn't tell us anything at the interview. I've read that it can take longer than 90 days to process the I-765, so would it be a waste to pay the $180 filing fee if it won't even be processed before the wedding? Any insight would be great!

When I came to the US through San Francisco POE, I asked the officer at customs/immigraiton if he could stamp my passport with an EAD, he said they could but I would have to wait a few hours and pay a fee, and that it is only valid for 90 days. then a new EAD would have to be filed. So I said not to worry about it.

Point of the story is make sure you ask the immigration officer at the point of entry because the may just well be able to hook you up.

[BJZags 17]

When I came to the US through San Francisco POE, I asked the officer at customs/immigraiton if he could stamp my passport with an EAD, he said they could but I would have to wait a few hours and pay a fee, and that it is only valid for 90 days. then a new EAD would have to be filed. So I said not to worry about it.

Point of the story is make sure you ask the immigration officer at the point of entry because the may just well be able to hook you up.

Is the initial EAD at POE valid for only 90 days because it is tied to the life of the I-94? Because I believe the EAD applied for with the I-765 (at same time of AOS) is valid for one year.

[meauxna 15]

Nope SSN card will have a restriction on it say it is only valid with DHS autorisation... so you still need an autorisation document to prove you are Employment authorised... that is why you need the EAD stamp or an EAD card....

That is crazy. Social Security states that K1 authorized to work "without" authorization, but they turn around and issue a SS Card which requires authorization. They are just bound and determined to get as much money out of me as possible. Thank God the war and federal highways are in such good condition, or I'd feel like I'm being fleeced by my govt.

Well, that's not what SSA says, actually.

They say that a K-1 has Employment Authorization built into their status for that first 90 days.

Unfortunately, to be hired, the employee needs evidence of that EA in the form of a document commonly called and EAD/Employment Authorization Document.

If the K-1 has a work stamp on the I-94, that counts ans an EAD (note that it's only valid for those first 90 days).

I don't see that they're bound and determined to get your money. You did have the old fashioned option of going for an Immigrant Visa. Those people become Permanent Residents at entry, have work, travel and residence permissions and do not go through AOS.

Of course, that visa takes longer to get. The gov't assumption is that you wanted her here ASAP.

Of course, there is the question of whether EAD along with AOS is technically proper, since sort of in limbo between K1 and PR: EAD needed for K1, but after marriage and AOS filed, no-longer K1 status, so what are you? Its a game of chicken or the egg with the law. Or can you thoeoritically stay K1 (assuming marriage in 90-days) forever without AOS?

EAD is designed to go along with the AOS application---it is to bridge the applicant between their zero work authorization time to their PR status time (Green CArd).

K-1 status is only valid for 90 days no matter what. The immigrant *must* become a Permanent Resident somehow--how else will she stay legally living in the US?

Is the initial EAD at POE valid for only 90 days because it is tied to the life of the I-94? Because I believe the EAD applied for with the I-765 (at same time of AOS) is valid for one year.

Yes, either the EAD stamp or the I-765 based on fiance status can ONLY be valid for the term of the K-1 status, which can ONLY be 90 days, as discussed above.

The EAD applied for with AOS is on a different class---those EADs will be valid for one year (2 if you're a K-3).