After NOA2 .. working, traveling

[jmango4 11]

Hi all,

I apologize in advance if these basic questions I'm about to ask have been answered already many times over. I just don't know where to look on this site for the answers and am hoping someone can respond/point me in the right direction on here or elsewhere.

I am still waiting for the NOA2 (received NOA1 in early April from TSC and just got transferred last week to California) but would like to know if there is any action my fiance can take in the meantime regarding working and traveling documents for after he arrives here. He (like everyone else) would like to be able to work and travel back home to visit for the holidays after he comes here. What I am wondering is what the best and quickest way of achieving this is: does he file right away for permission to work and travel through whatever forms those are and whatever fees they charge for them, or does he just file for adjustment of status after we marry? Do they both take the same amount of time anyway? Also, after we marry can he work and travel anyway while he is waiting for adjustment of status?

I am very confused about this portion of it. I am hoping that maybe we can send some paperwork ahead of time to make it possible for him to work and be home for the holidays. Does anyone have any experience here/knowledge they can share about what the quickest path is for working and traveling?

Thank you!!

[majikgenie 6]

Hi the answers you're looking for are here http://www.visajourney.com/content/k1k3aos

He won't legally be able to work until you guys file for his EAD (working authorization). Traveling requires an advanced parole visa( its optional if he isnt in a rush to go back home to visit; No rush= no need to file , just wait for green card). You can file these and his I-485 AOS aka green card after y'all are married with the marriage certificate. Its best you file all three together. I-485 is most important. And I believe that most people recieve their EAD before they even have their interviews for the i-485. In the the mean time he can go to school or take classes to keep him busy.

And sorry to say it just a waiting game all over again ( currently go through it) Good luck with everything.

Edited August 19, 2014 by majikgenie

[jmango4 11]

Thank you!! So it's best to file for the I-765 employment form and the I-131 travel doc immediately after we marry to ensure he is able to travel while everything is being processed, right?

[Elizabeth+Fred 35]

Yes, you can file the 765 and 131 forms together with the 485. They won't cost anything extra as long as you file them together with the 485 (AOS), they do not cause any other 'delays' in the process, so you might as well get 'em!

Once you receive the EAD (I-765 form) , he can legally work.

Once you receive the AP (I-131 form), he can travel back and forth.

Once you receive the green card (I-485 form), which usually takes a LOT longer, all is well, and the (combined) EAD/AP card is no longer needed.

[jmango4 11]

Thank you!! Hopefully NOA2 comes fast now so we can interview and all that and get this show on the road. Ugh.

Edited August 19, 2014 by jmango4

[kehills 217]

In the the mean time he can go to school or take classes to keep him busy.

No. As discussed elsewhere on this site, he has no right to work, take classes, travel, or anything, until after he receives his EAD/AP or GC, whichever happens first. Please see this thread: http://www.visajourney.com/forums/topic/320552-k-1-visa-how-to-go-to-school/

Edited August 19, 2014 by kehills

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Process Forum~

~Inquiry about AOS-related processes~

[KayDeeCee 4,893]

Yes, you can file the 765 and 131 forms together with the 485. They won't cost anything extra as long as you file them together with the 485 (AOS), they do not cause any other 'delays' in the process, so you might as well get 'em!

The fees for the I-765 and I-131 are waived when filed with a pending I-485. This can be concurrently or after the I-485 is filed. If after, you include a copy of the receipt notice from filing the I-485.

[KayDeeCee 4,893]

Follow this guide for AOS > http://www.visajourney.com/content/k1k3aos

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

You need all the supporting documents for each form as well, so read the instructions for each one. You can also search here on VJ for what to include with each form if you get stumped. There are also example forms here on VJ you can look at when filling out the forms. They can be helpful.

Oh, and here are the details you need about whether or not you need to see a civil surgeon > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

Print out your I-94 info > https://i94.cbp.dhs.gov/I94/request.html

Follow this guide for getting the SSN > http://www.visajourney.com/content/ssn

If you have a job offer, you can ask for expedite of the EAD >>

Here is a helpful post by a VJ member about how to get an expedite because of a job offer > http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

Another person that was granted an expedite and references the first post I linked by Anna Grant > http://www.visajourney.com/forums/topic/471073-got-an-approval-for-my-expedited-i-765-ead/

And another successful expedite > http://www.visajourney.com/forums/topic/495278-i-765-ead-expedite-successful-experience-with-job-offer/

[jmango4 11]

Thank you!