I-765 for AOS, is it worth it?

[kamas 2]

I read somewhere on here but I cannot find it now. It said something about how if you apply for I-765 while doing I-485, then your I-765 will only be valid for 3 months, so then its better to wait until later to apply for I-765. That way you dont have to apply again and pay the filing fee again. Im not sure where I read it but does anyone know what I'm talking about? Can you post the link or tell me more about it.

[newacct 688]

I think you are referring to the fact that you can apply for an EAD based on K-1 status, but that EAD is basically useless and a waste of money, because it would expire when the K-1 status does, and most likely you would not even get the EAD by the time it expires.

You should instead apply for an EAD with AOS. Applying for an EAD with AOS is free. You got it backwards -- you should preferably file I-765 with I-485. That's the best thing to do.

[agnesb 47]

And the EAD is valid for a year when applied during AOS, you may have to wait for your green card that long if not longer..

[WillyLin 13]

I think once you get approve green card, the GC itself will allow you to work.

[kamas 2]

I think you are referring to the fact that you can apply for an EAD based on K-1 status, but that EAD is basically useless and a waste of money, because it would expire when the K-1 status does, and most likely you would not even get the EAD by the time it expires.

You should instead apply for an EAD with AOS. Applying for an EAD with AOS is free. You got it backwards -- you should preferably file I-765 with I-485. That's the best thing to do.

I think you got it right about what I was reading about. When does K-1 Status expire? Is it 90 days after entry into USA?

I must be confused about something. You said "You should instead apply for an EAD with AOS. Applying for an EAD with AOS is free. You got it backwards -- you should preferably file I-765 with I-485."

So to clarify , do you mean that I should include I-765 in my packet like seen on the website here: http://www.visajourney.com/content/k1k3aos

In other words, you are telling me NOT to do I-765 separately because if I do it separately then I have to pay the fee for I-765 right?

So if I do apply for I-765 with the I-485, then what exactly happens? Did you just say it is useless, or you were referring to it being useless if I apply for I-765 separately?

If I apply for I-765 WITH I-485, then how soon can the person start working? How long will it take for approval? Do we have to wait until the I-485 and everything in the package is completely approved before they allow employment?

[agnesb 47]

K-1 visa is a one entry visa. It expires as soon as you enter but you have 90 days to get married and that's how long your I-94(record of arrival/departure) is valid for.

As you enter on K-1 visa you have right to apply for work authorisation (fee $340) during those 90 days but it will be only valid until your I-94 expiry date. Which would be great option for all of us k-1 holders if not the fact that it takes 2-3 months to get the card! Which means you only get to use it for few weeks if you lucky.

Now... When you get married you have to send I-485 to adjust your status. You can then send your I-765 form in the same envelop. The fee of 340 is waived as you filling as a adjustment applicant and not a k-1 visa holder as you are no longer one after you're married. It takes 2-3 months again to get your EAD but its valid for a year and its "free". You can then work whilst waiting for your green card. Within that year ideally you should receive your green card which ultimatelt means you are eligible to work so you don't need any other card.

This is one of the reasons why many k-1 holders marry as soon as after entry to Us...so they can adjust status and get EAD for free as soon as possible.

Hope it makes sense?

Edited October 24, 2013 by agnesb

[kamas 2]

Thank you that makes it all very clear now!