Can we apply for I-765 before marrying?

[jm123456 1]

Hello Everyone,

My fiancé just arrived to the US with a K-1 visa and we have a few questions to ask regarding employment authorization...

I understand that we can apply for a social security number 2 weeks after US entry; however, I would like to know

if we can also apply for a I-765 (App. for Employment Authorization) before we get married?

If so, what are the steps, procedures and fees applied to that process? And how long will it take to obtain the Employment

Authorization...?

FYI our wedding is in June but my fiancé doesn't want to wait until June to start working...

We would appreciate your help !

Thank you.

[Lainie B 465]

In theory yes, but since it will expire right around the time you actually receive it, it is a waste of time and money. If you apply for the EAD before you marry, it is only valid for as long as the i-94 is valid (90 days after US entry).

If your fiance wants to work sooner you need to marry now and get your AOS/EAD/AP application submitted together. You will receive the EAD in 60-90 days. This EAD will be valid for 1 year. Your fiance cannot work until this is received.

[Angel012110 19]

The difficulty with applying for a work permit before you get married with a K1 visa is that the USCIS Service Centers routinely take from 45 to 90 days to issue them. This means that your chances of receiving your work permit while you are still eligible for it, as the holder of a fiancé visa, are slim.

You would likely be better off marrying as soon as possible and focusing on preparing your adjustment of status (green card) application. As part of your application packet, you can include a Form I-765 requesting a work permit. In fact, you won't have to pay anything extra for it if it's included with your adjustment packet -- as contrasted with applying while you are still only in fiance visa status, in which situation you would have to pay a separate USCIS fee.

[BabyFaceWife 11]

Getting a social security number was easy for my hubby but my friend's husband couldn't so I think it just depends on your SS office and the person you get at the window! You have to go to the office in person with your application and a print out of your 1-94. We're in Texas and we went a little over 2 weeks after he got here and they took all his paperwork and mailed it to us about 4 days later. It was even before we had gotten married. My friend, who is in NY did the same thing and they told her husband he couldn't get it until after he filed his adjustment of status and got his EAD.

[KayDeeCee 4,893]

Sure, but it will cost you $380 and you probably will not get to use it anyway, since it takes as long to receive as the I-94 is valid for. Just file for AOS as soon as possible and the fees for the EAD and AP are waived then. The EAD you receive that way through category (c )(9 ) will be valid or a year, which is usually enough time while waiting for the green card approval. Sometimes people have to wait longer for their green card approval, but the EAD can be renewed in those cases and will still be free to do so.

~ Moved from AOS from Work, Student & Tourist Visas to AOS from Family Based Visas - OP adjusting from K-1 ~

[JohnR! 5,495]

If you apply for EAD/AP before you get married you will be denied, on the lack of grounds to support your request. You can do it, but it will be a waste of money and time.

[KayDeeCee 4,893]

If you apply for EAD/AP before you get married you will be denied, on the lack of grounds to support your request. You can do it, but it will be a waste of money and time.

Why would it be denied? A K-1 is eligible to file for an EAD(not AP) under the (a )(6 ) category.

[JohnR! 5,495]

Why would it be denied? A K-1 is eligible to file for an EAD(not AP) under the (a )(6 ) category.

It will take longer than 90 days to adjudicate the petition in which case the applicant will be considered out of status. Technically it can be done, but since an a6 can't be extended/renewed it is pretty much money down the drain.

[KayDeeCee 4,893]

I know it is a waste of money, and I have advised people of such many times. I was asking why you stated it would 'be denied, on the lack of grounds to support your request'. That made it sound as if they were not eligible to file for it before getting married, which is not the case. They are eligible, could have it approved, and it would still be a waste of money because there would not be enough time left on it to actually be employed with it.

[Al422 221]

Very informative topic. Thanks for all the information. The upshoot is that while you can apply for an EAD in K-1 status, it would be nothing more than an expensive white elephant.

Makes more sense to marry first and get all the stuff filed at once and pay one fee.

Your fiance can get a SS # in K-1 status. The New York clerk who advised otherwise is wrong. It is needed for many things other than work, like driver's license, bank account, and dependent on your tax return.

[MissingHerSo 10]

Just wait and get married then file. Because after marriage, you will have to file I-485 for adjustment of status and if you file for I-765 EAD, it wont cost anything if sent with the I485

[pauli 49]

You could first have a civil marriage ASAP and then apply. Otherwise, with a June marriage I believe you are looking at getting the EAD around August or September or later.

[JohnR! 5,495]

I know it is a waste of money, and I have advised people of such many times. I was asking why you stated it would 'be denied, on the lack of grounds to support your request'. That made it sound as if they were not eligible to file for it before getting married, which is not the case. They are eligible, could have it approved, and it would still be a waste of money because there would not be enough time left on it to actually be employed with it.

You are absolutely right. I always think of EAD and AP as one thing, and yes, EAD alone is possible - albeit a waste of money. Thanks for keeping me honest!