I-765 - When to apply

[ZillaOlsen 0]

Hi everybody,

my K-1 visa is approved and I have already entered the US. We are getting married on December 27! :-)

Here's my question: Should I apply for I-765 (work permit) already or should I wait until after the marriage and apply with my I-485 (adjustment of status) application?

The info on VisaJourney is a little confusing as the different pages say different things. It says that I shouldn't apply for I-765 now - because the permit is only valid within the valid period of my visa - and that applying now is just a waste of time and money. It does say that I should apply for the I-765 together with my I-485 application (in the package) but that that process can take months, even years... And then it says that the I-765 usually gets approved within 90 days. But if I send it with the I-485 application that takes months...? I'm not sure I get it. Help! We did any of you do and what's your experience?

I look forward to your replies!

Best wishes,

Zilla

[Lainie B 465]

Moving to AOS From Family-based Visas forum

[Lainie B 465]

Applying before marriage is a waste of money - the EAD would expire the day your I-94 expires.

Submit the I-765 when you submit the I-485. It is free when filed with the I-485 and you will receive the EAD within 90 days (it will be more like 60 days). This will allow you to work while you wait for the green card, which can take up to a year.

You should also submit the I-131 with the I-485, it is also free and your EAD will be a combo card which will allow you to re-enter the US if you choose to travel abroad.

[ZillaOlsen 0]

That's helpful. Thanks a trillion for the help!

Best wishes,

Zilla

Applying before marriage is a waste of money - the EAD would expire the day your I-94 expires.

Submit the I-765 when you submit the I-485. It is free when filed with the I-485 and you will receive the EAD within 90 days (it will be more like 60 days). This will allow you to work while you wait for the green card, which can take up to a year.

You should also submit the I-131 with the I-485, it is also free and your EAD will be a combo card which will allow you to re-enter the US if you choose to travel abroad.

[Lainie B 465]

Also the EAD you receive when you file with the I-485 is valid for a year. Should your green card take longer than that (it's rare but it happens) then you can renew the 1-year EAD.

Edited November 6, 2014 by Lainie B

[Lainie B 465]

(duplicate thread deleted)