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EdwigeH

I-765 work authorization

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Filed: K-1 Visa Country: France
Timeline

Hi all!!

I was wondering if we could already send my work authorization (i-765) before we get married?

I heard it was not recommended.

Does anyone here have more information to give me about it please?

Thx in advance!

Have a great day!

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If you send in your I-765 prior to marriage and adjustment of status, you must pay the fee and the expiration date of your work authorization will be the same as your I-94 expiration date. By the time it is approved, your I-94 will be almost expired or already expired, making the work authorization prior to marriage a waste of money.

If you file the I-765 along with your Adjustment of Status, the fee is waived. It takes approx. 90 days to receive the work authorization after you apply.

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from K-1 Progress to Working and Traveling During US Immigration Forum~

~inquiry about EAD, past K-1~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Citizen (pnd) Country: France
Timeline

Yes, waste of money if you do did before getting married...

My advice is to get married at the courthouse/city hall as soon as possible so that you can file for AOS/EAD/AP right after (well, once you have all the required documents gathered). That's the way to do if you want to be able to work and travel as soon as possible.

Basically, if you file for EAD/AP before getting married, you will pay the fee and your card will expire 90 days after POE (giving that the card takes 2-3 months to be approved...).

If you file for it at the same time as AOS, fees for EAD/AP are waived and it will be valid for a year...

Edited by didopage

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

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There are 2 ways you can get an EAD: as a K-1 visa holder, or as an adjustment of status applicant.

EAD as a K-1 visa holder:

  • Must pay filing fee of $380
  • The EAD will expire with your I-94

EAD as an adjustment applicant:

  • Filing fee is waived (no cost to file this form)
  • The EAD is valid for one year

In either case it will take about 2 to 3 months to receive the EAD.

If you file as a K-1 visa holder, which is your question, then you will have very limited time to work--or worst case your EAD will be expired before you get it.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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