i-765 work permit through marriage to us citizen

[jennifer68 0]

Hello, my name is Jennifer. I am a us citizen and I am married to a mexican citizen. We want to apply for his work permit first( I-765 ) before the forms for residency. The reason is financial, just cannot affored to do all forms at one time, namely (I-130 and I-485 ). My question is, can we submit a I-765 without the other forms and receive a work permit for my husband, based on marriage to a us citizen?

[aleful 1,905]

hi

no, the work permit is given while the petition is pending, no petition, no work permit

you'll have to wait until you have all the money, or get a loan or something

[Alaska2012 462]

No he can't get a work permit before he becomes a legal resident.

[Pitaya 2,577]

~Moved from Member Intro. to Working & Traveling During US Immigration Forum~

~Inquiry about EAD/AOS process~

[Jo Së 200]

Is he here on a valid visa? if not he cant adjust status.

[aaron2020 11,651]

Hey,

Was this due to marriage after K-1 visa or was this after a CR1?

Correct me if I'm wrong: for the k1 status, it's allowed to file the I-765 EAD before filing the AOS. Although, it's recommended that you file it with the I-485 to save on the filing fees.

EAD takes 90 days. EAD with no AOS limits to the 90 days on the K-1. The EAD woukd expire within a few days of getting it. While possible to get an EAD on a K-1 with no AOS, it's a waste of money and time.

[aleful 1,905]

Hey,

Was this due to marriage after K-1 visa or was this after a CR1?

Correct me if I'm wrong: for the k1 status, it's allowed to file the I-765 EAD before filing the AOS. Although, it's recommended that you file it with the I-485 to save on the filing fees.

plus they are already married, so even if he entered on a K1, the time for a work permit has already passed

[Alaska2012 462]

The reason is financial, just cannot affored to do all forms at one time, namely (I-130 and I-485 ). My question is, can we submit a I-765 without the other forms and receive a work permit for my husband, based on marriage to a us citizen?

The way I read this is that op hasn't even started the process....so the question is, is the husband in the country legally or illegally? Or is he still in Mexico?

[B-2-Z 37]

Hello, my name is Jennifer. I am a us citizen and I am married to a mexican citizen. We want to apply for his work permit first( I-765 ) before the forms for residency. The reason is financial, just cannot affored to do all forms at one time, namely (I-130 and I-485 ). My question is, can we submit a I-765 without the other forms and receive a work permit for my husband, based on marriage to a us citizen?

Hi Jennifer.

You can't do it the way you want to. I'm assuming that he's adjusting status from your question...If so, the employment authorization and advanced parole fees are waived if you have a AOS pending. He needs to have a valid status in the US, meaning a pending AOS based on marriage to a USC. Since the fees for advanced parole and employment gets waived, you only have to pay your biometric and form fee. Making your total fees $1070.

[Jo Së 200]

Hi Jennifer.

You can't do it the way you want to. I'm assuming that he's adjusting status from your question...If so, the employment authorization and advanced parole fees are waived if you have a AOS pending. He needs to have a valid status in the US, meaning a pending AOS based on marriage to a USC. Since the fees for advanced parole and employment gets waived, you only have to pay your biometric and form fee. Making your total fees $1070.

OP is adjusting from B2 visa

[merc0230 28]

Hi Jennifer.

You can't do it the way you want to. I'm assuming that he's adjusting status from your question...If so, the employment authorization and advanced parole fees are waived if you have a AOS pending. He needs to have a valid status in the US, meaning a pending AOS based on marriage to a USC. Since the fees for advanced parole and employment gets waived, you only have to pay your biometric and form fee. Making your total fees $1070.

Doesn't she also need to file the I-130? That would be an additional $420

Plus the Medical (I-693) which would be about $100 - $200 depending on the Civil Surgeon.

Edited December 6, 2015 by merc0230

[B-2-Z 37]

OP is adjusting from B2 visa

I missed that! Woops!

Doesn't she also need to file the I-130? That would be an additional $420

Plus the Medical (I-693) which would be about $100 - $200 depending on the Civil Surgeon.

I missed it, I just assumed she brought him in using the K1, in which case that all would have been done. Ignore what I wrote

[merc0230 28]

I missed that! Woops!

I missed it, I just assumed she brought him in using the K1, in which case that all would have been done. Ignore what I wrote

Thanks, I was just making sure as my sister in law is getting ready to AOS from B2.