I-765 for K1 visa holder

[JoyK 0]

Re: 1-765 Application for Employment Authorization for a K1 visa holder

 

This topic might have been covered some where here, but starting a new post here to keep it simple.

 

I read that for K1 status, when you apply for I-765 and receive EAD, you are only authorized to work under this category during your 90 days in K-1 or K-2 status. You cannot renew this EAD.

 

I believe it means we cannot work after 90 days with EAD and need to receive a Green card (permanent resident status) to be able to work in USA?

 

Thank you in advance for your helpful input on this!

 

from p.15 of 31 from Instructions for Form I-765 (https://www.uscis.gov/i-765)

"Family-Based Nonimmigrant Categories 1. K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent--(a)(6). File Form I-765 along with evidence of your admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa. You are only authorized to work under this category during your 90 days in K-1 or K-2 status. You cannot renew this EAD. If you submit subsequent EAD applications, other than for replacement of a lost, stolen, or damaged card or a card that contains incorrect data, you must apply on a different basis. If you have a pending application for adjustment of status, you should file under category (c)(9)."

[SalishSea 17,828]

12 minutes ago, JoyK said:

If you have a pending application for adjustment of status, you should file under category (c)(9)."

 This is the category under which you can file for an EAD.

 

You will not be getting any type of EAD within the 90 days of arriving.  It will take at least 8 months to receive an EAD after properly filing the application.

Edited April 7, 2021 by Jorgedig

[igoyougoduke 1,656]

39 minutes ago, JoyK said:

Re: 1-765 Application for Employment Authorization for a K1 visa holder

 

This topic might have been covered some where here, but starting a new post here to keep it simple.

 

I read that for K1 status, when you apply for I-765 and receive EAD, you are only authorized to work under this category during your 90 days in K-1 or K-2 status. You cannot renew this EAD.

 

I believe it means we cannot work after 90 days with EAD and need to receive a Green card (permanent resident status) to be able to work in USA?

 

Thank you in advance for your helpful input on this!

 

from p.15 of 31 from Instructions for Form I-765 (https://www.uscis.gov/i-765)

"Family-Based Nonimmigrant Categories 1. K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent--(a)(6). File Form I-765 along with evidence of your admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa. You are only authorized to work under this category during your 90 days in K-1 or K-2 status. You cannot renew this EAD. If you submit subsequent EAD applications, other than for replacement of a lost, stolen, or damaged card or a card that contains incorrect data, you must apply on a different basis. If you have a pending application for adjustment of status, you should file under category (c)(9)."

Here are the steps

 

1) You get on a flight and land in US

2) Clear Border Immigration Control

3) Sleep for 3 days due to Time change

4) Get married within 90 days

5) Once you have marriage certificate, Get ready to file Adjustment of status ( I-485, I-131,I-765 forms )

6) Send application and documents to USCIS

7) You get receipt for the applications

😎 You wait for Finger Print Notice

9) You Give your Finger Prints 

10) You wait another 6-15 months before you get EAD approval and than they send you EAD card

11) once you have EAD card, you can start working

 

So the difference between Step 1 and Step 11 can be anywhere from 6 months to 2 years. 

 

[green_rabbit 69]

This person seems to have done it.

 

https://www.visajourney.com/forums/topic/759395-march-2021-aos-filers/?do=findComment&comment=10428907

 

[SalishSea 17,828]

4 hours ago, green_rabbit said:

This person seems to have done it.

 

https://www.visajourney.com/forums/topic/759395-march-2021-aos-filers/?do=findComment&comment=10428907

 

What would even be the point?  Expedite an EAD because you "can." only to have it expire on day 91, when the I-94 expires?

 

So you'd have, like, a 6 day long job?

 

That is why it isn't even a thing anymore - even expediting, there is no way anyone would get it within 90 days.

[SalishSea 17,828]

6 hours ago, igoyougoduke said:

Here are the steps

 

1) You get on a flight and land in US

2) Clear Border Immigration Control

3) Sleep for 3 days due to Time change

4) Get married within 90 days

5) Once you have marriage certificate, Get ready to file Adjustment of status ( I-485, I-131,I-765 forms )

6) Send application and documents to USCIS

7) You get receipt for the applications

😎 You wait for Finger Print Notice

9) You Give your Finger Prints 

10) You wait another 6-15 months before you get EAD approval and than they send you EAD card

11) once you have EAD card, you can start working

 

So the difference between Step 1 and Step 11 can be anywhere from 6 months to 2 years. 

 

I strongly recommend getting the SSN right after POE, before marriage.

[JFH 12,190]

*~*~*EAD question moved from “K-1 fiancé visa process and procedures” to “working and traveling”*~*~*

[In4theJourney 171]

On 4/7/2021 at 9:39 PM, Jorgedig said:

I strongly recommend getting the SSN right after POE, before marriage.

Why is this? May you explain ? Also would a k2 be necessary to get ssn at this time ? 

[SalishSea 17,828]

8 hours ago, In4theJourney said:

Why is this? May you explain ? Also would a k2 be necessary to get ssn at this time ? 

Because if you try to get it after the I-94 expires, it is next to impossible.  Some people have also faced issues with getting it after the marriage, even within the 90 days.

 

I would also get one for the K-2 asap.

[Villanelle 4,122]

^^^This. 100%.

 

I would suggest you ignore postings like the one you linked. In general its better to have the mindset of I am the rule and not the exception. You will always find people who are the exception if you look hard enough and I would say good for them but they were an exception and you shouldnt expect to be as well. 

 

For clarity- there are certain visa statuses that allow for work auth. The K does allow for work auth but as explained the K is only valid for 90 days. So you would need to apply for the EAD as soon as you arrive and then get it expedited so the EAD is issued before the 90 days is up and even if it is issued it will expire after the 90 days. Its a pointless process with very limited benefits. You also need to get your SSN to work, so if you dont have one issued to you previously you also would need to obtain one to work with the EAD based on the K visa. 

 

Now because the K allows you to get an EAD it also allows SSA to issue you a SSN. SSA does not just hand out SSNs to anyone who wants one. You have to show you are eligible to work- that means your visa status needs to show you are eligible, you dont actually need the EAD card to apply for it. So as a K visa holder you should attempt to get a SSN (if you dont have one) as soon as you can in the 90 days. SSA requires you to have a min of  2 weeks left on your visa to process your SSN so if you wait too long you may time out for them to issue it.

 

Heres where a lot of confusion occurs with K holders and women who are changing their last name based on the marriage. Everything starts with USCIS. They issue you a visa in the name shown on your passport. This name is entered into the SAVE-everify system. As a K you can apply for a SSN because the K status allows SSA to issue you a SSN in those 90 days and you fill out the form for a SSN using the name USCIS has on file for you- the one in your passport. It doesnt matter if you are married yet or if you are changing your name. You can not change your name with SSA until USCIS changes it. So you  get the SSN printed in the name on your passport. 

 

Once the 90 days are up you no longer have status. When you file your AOS package and get the NOA you are considered to be in a period of auth stay. This is not a status. It just means they know you are here and have paperwork pending and are OK with you being here but you get no benefits from being in auth stay.

 

As part of your AOS package you send the 485 (to get a GC). Filing the 485 allows you to get a C09 EAD while its pending, so you send the 765 in your package. (you also want to send the 131 for travel and if so you would get a combo card -EAD+AP, if you dont want the AP which you should apply for just because you never know if you may have to leave the US for an emergency back home- then you would just get the stand alone EAD card.) Getting back on topic though- you send your AOS package and once they issue the EAD (or combo card) you then have a status that allows you to get a SSN (EAD holder). When you submit your AOS package if you want to change your last name you do so by entering the new name on the forms. The EAD will be issued in the new name. Now your name has been updated and SSA can issue you a SS card with that name. If you already have the SSN you can go back to SSA after you get the EAD to update the name on your SS card. If you were unable to obtain a SSN then you would apply for one using the EAD and they will issue you the SSN with the name on the EAD.

 

The general flow chart is USCIS-->SSA--->DMV--->Banks, employers, insurance, etc. This is because again it all starts with USCIS and the name they enter as on file for you and your status. Typically DMVs require you to show your SS card and usually take the same approach as SSA does- they check your name with what USCIS has and your status and will issue you a DL in the name on file only providing you have a status that allows them to give you a DL. In most states a K can not get a DL but an EAD holder can. 

 

So you first have status for 90 days as a K and should attempt to get your SSN during that time. You then will not have status again until the EAD is issued. Does that all make sense? I know its a lot to sort through and I tried to not over or under explain things. Please post back if you have additional questions.

 

[JoyK 0]

On 4/7/2021 at 9:39 PM, Jorgedig said:

I strongly recommend getting the SSN right after POE, before marriage.

Thank you for the detailed reply!

 

Quick Q: Is it a good idea to submit I-131 Application for Travel Document, along with I-485, I-864 & I-765, even when I don't have a trip planned?

 

I know that there is no fee for I-131 if filed with I-485 after July 30, 2007.

 

Thank you in advance for your input!

[SalishSea 17,828]

7 hours ago, JoyK said:

Thank you for the detailed reply!

 

Quick Q: Is it a good idea to submit I-131 Application for Travel Document, along with I-485, I-864 & I-765, even when I don't have a trip planned?

 

I know that there is no fee for I-131 if filed with I-485 after July 30, 2007.

 

Thank you in advance for your input!

Yes, definitely submit them all.  You will end up with a combination AP/EAD card.  If you don't have a specific trip planned, just write something speculative, like you may travel to your home country if you need to.

[JoyK 0]

Thank You!

[Ontarkie 14,221]

On 4/9/2021 at 11:08 PM, Jorgedig said:

Because if you try to get it after the I-94 expires, it is next to impossible.  Some people have also faced issues with getting it after the marriage, even within the 90 days.

 

I would also get one for the K-2 asap.

Just to mention a K2 cannot get a SSN until they get the EAD.