Which is best to file, I-765 or I-485 or both?

[renchiz 0]

Hello fellow VJers,

I hope I'm posting this in the right forum. I'm just planning ahead but wondering which I should file once my fiancé arrives in the US. I have read that both applications take about the same amount of processing time and I don't want to file both (at least not at the same time) if I don't need to. If the I-765 can be processed quickly then I will file that first and not rush a court wedding however if they are processed at the same 3 months then I can rush a court wedding and file the I-485.

Can someone please help explain to me the pros and cons of filing either or both?

Again apologies if this is the wrong forum.

Cheers,

Eager anticipant of fiancée's K1 visa interview

[belinda63 3,038]

You can file for the I-765 when he arrives in the US. You will have to pay the fee and the employment authorization takes about 60-90 days to receive. It will expire the day his I-94 expires, which is 90 days after he arrives. So he would have at best a few weeks to work legally and then he would have to quit the job when the EAD expires.

If you file the I-765 with the i-485 after you are married there is no cost for the I-765 filing. It will be approved in 60-90 days and will expire in one year. At that one year mark, if he doesn't have his green card yet, you can renew it at no cost.

[Pitaya 2,577]

accessible at the top of the forum page. In particular, the K1/K3 AOS Guide:

http://www.visajourney.com/content/k1k3aos

[sleekdizel 0]

As explained by Belinda63, it is better to file the I-485 with I-765. Besides the fact that the I-765 is free when filed with I-485, it gives your spouse a longer time to work while waiting for the green card. Also, if you file only I-765, there is no guarantee that it will be ready before your spouses's I-94 expires (90 days after entry into the U.S)

[renchiz 0]

Thanks guys! I will go ahead and file both when he gets here.

Interview is next week so let him get the visa first and we will start the next steps...

Thanks!