work authorization

[dirtyd301 0]

i was always under the impression that you could not apply to work until after the marriage and application for green card went through. i was told by a friend of mine at work, who is an immigrant told me that he thought my fiance can apply for work right away after he enters the country. if someone could clarify this process for me i would greatly appreciate it!! thanks

Diana and Enrico

[rebeccajo 14]

You are correct. Your friend is wrong.

Actually you apply for the EAD when you file the AOS. You don't have to wait for the AOS to 'go through' to actually be granted the EAD.

I hope you placed a bet!! LOL

[kaydee457 13]

You are correct. Your friend is wrong.

Actually you apply for the EAD when you file the AOS. You don't have to wait for the AOS to 'go through' to actually be granted the EAD.

I hope you placed a bet!! LOL

Ditto.....However some get temporary EAD (90 days) at certain POE's but it usually expires before you can get a permanent EAD so I think is of limited usefulness.

[ppboo 0]

You are correct. Your friend is wrong.

Actually you apply for the EAD when you file the AOS. You don't have to wait for the AOS to 'go through' to actually be granted the EAD.

I hope you placed a bet!! LOL

Ditto.....However some get temporary EAD (90 days) at certain POE's but it usually expires before you can get a permanent EAD so I think is of limited usefulness.

Does anyone know how long it take to process the EAD I-765 after the Fiancee entering US?

[kaydee457 13]

You are correct. Your friend is wrong.

Actually you apply for the EAD when you file the AOS. You don't have to wait for the AOS to 'go through' to actually be granted the EAD.

I hope you placed a bet!! LOL

Ditto.....However some get temporary EAD (90 days) at certain POE's but it usually expires before you can get a permanent EAD so I think is of limited usefulness.

Does anyone know how long it take to process the EAD I-765 after the Fiancee entering US?

Mine took about 85 days....You milage may vary....

[luv2teach77 41]

Actually you are both correct but applying for an EAD as soon as she arrives will almost certainly be a costly waste of time...

In theory, unless she enters through JFK and receives a temp EAD stamp, your Fiancee *could* apply for an EAD as soon as she arrives in the US. There have been cases documented on VJ where people did just that. The problem is that if a K-1 visa holder applies for an EAD (sending in the fee etc..) it's my understanding that it will be issued with the same validity as her I-94 (90 days from entry to the US). Most of the people who did this didn't understand that it would only be valid for the same duration as their I-94 and were understandably confused when their EAD arrived and it was only valid for a matter of a few days after it was actually received. Those K-1 visa holders applying for an EAD as soon as they arrive then find that they are required to re-apply for a new one as they are unable to renew the oe they priginally received (because their status has changed). This will require another fee to be paid.

What most K-1 visa holders choose to do is wait to apply for their EAD until they submit their AOS applications. That way when the EAD is issued it will normally be valid for 12 months. This is normally long enough to get them to their AOS interview after which time an EAD is no longer needed. If the EAD expires before the AOS interview then it can be renewed rather than haveing to re-apply for a whole new one.

Most people entering on a K-1 plan for a few months of unemployment. The normal process would go be something along the lines of..

• Arrive in the US and activate K-1
  
• Apply for Social Security Number
  
• Get Married
  
• Apply for AOS and EAD
  

Mark

[internetkafe 0]

You are correct. Your friend is wrong.

Actually you apply for the EAD when you file the AOS. You don't have to wait for the AOS to 'go through' to actually be granted the EAD.

I hope you placed a bet!! LOL

Ditto.....However some get temporary EAD (90 days) at certain POE's but it usually expires before you can get a permanent EAD so I think is of limited usefulness.

Does anyone know how long it take to process the EAD I-765 after the Fiancee entering US?

Mine took about 5 months.

[luv2teach77 41]

As if by magic.. here is someone who applied for their EAD while still a K-1 holder !!

http://www.visajourney.com/forums/index.ph...14entry115114

Mark

[chili74 0]

This is very helpful, thanks. We have now moved to Houston, Texas and just sent I-485 and Affidavit of Support etc to Chicago. We read someplace we could apply for I-765 Work Authorization at the local Houston office. Thus we didn't send I-765 with the rest of AOS packet.

Is it correct that we can submit I-765 at Houston office?

Edited April 17, 2006 by chili74

[eau_xplain 2]

This is very helpful, thanks. We have now moved to Houston, Texas and just sent I-485 and Affidavit of Support etc to Chicago. We read someplace we could apply for I-765 Work Authorization at the local Houston office. Thus we didn't send I-765 with the rest of AOS packet.

Is it correct that we can submit I-765 at Houston office?

No.

Since your spouse is filing the I-765 based on him being an family-based adjustment applicant, he needs to send it to the Chicago Lockbox also. As you already have submitted the AOS application, you will have to wait for the AOS NOA1 to arrive before you can submit the I-765. You have to attach a copy of the AOS NOA1 to the I-765 application.

Edited April 17, 2006 by eau_xplain

[chili74 0]

OK, thanks. That is the next step.

[KarenCee 3]

I know we can't apply for the EAD until we're married...but it just doesnt make sense that they make you wait til after the wedding to apply...you would think that since the USCIS wants to make sure the non-USC isn't a public charge, they would want you to apply immediately so you can get a job and work. Sigh.....

[chili74 0]

I agree with you, karen Cee!

eau _xplain- On www.uscis.gov by the I-765 it says

NOTE: Effective 4/1/06, the filing address for Form I-765 has changed. District/Sub-Office, Service Center, Electronic Filing

THAT is why I did not send it to Chicago Lockbox. They certainly don't make it easy.