can i apply for work permit w my I-130 form????

[nic11252005 0]

i haven't applied for form I-485 yet and would like to get a work permit. wonder if i can get one without the I-485 form. please help! any advice will do. thanks!!!!!!!!!

[Mr. Big Dog 10,747]

What visa do you currently have?

[nic11252005 0]

What visa do you currently have?

B2 visa but it's been expired.

[Kez/JWolf 6]

The you need to file for I-130 and AOS together..... unless you are planning to return to your own country for the interview and to wait for processing.... because if you only file the I-130 then thats what you will have to do....

As for EAD if you file for both the I-130 and the AOS you can also file for EAD at the same time.... all the forms and evidence goes in the one envelope and gets mailed to the Chicago Lockbox...

See the guides at the top...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Kez

[Mr. Big Dog 10,747]

What visa do you currently have?

B2 visa but it's been expired.

You're married to a USC, yes? If not, you cannot apply for an EAD and need to see that you depart the US soonest. If you are married to a USC, the only way for you apply for the EAD is to file the AOS package (I-130/I-485) which, as Kezzie said, allows you to file the I-765 simultaneously. There's no other way to obtain employment authorization for you at this point. If you plan on sticking around, as it seems you do, you really need to get busy filing that AOS package. You best do so quickly as you are currently unlawfully present in the US. Once you have the AOS package pending with USCIS, you'll be back in lawful status.

Good Luck!

[Nancy2015 2]

The you need to file for I-130 and AOS together..... unless you are planning to return to your own country for the interview and to wait for processing.... because if you only file the I-130 then thats what you will have to do....

Can't he wait in the U.S. for I-130 to be approved and then file I-485 after having been out of status for a while? It's a hypothetical question, just wondering if it can be done.

[Kez/JWolf 6]

The you need to file for I-130 and AOS together..... unless you are planning to return to your own country for the interview and to wait for processing.... because if you only file the I-130 then thats what you will have to do....

Can't he wait in the U.S. for I-130 to be approved and then file I-485 after having been out of status for a while? It's a hypothetical question, just wondering if it can be done.

Filing just the I-130 will not put him back in status..... filing the I-130 along with the AOS will give him legal status while it is pending.... there would be no reason not to file the AOS at the same time....

Yes he could file just the I-130 and then wait for that to be approved and then file for AOS and then wait for that to be approved but during the wait for the I-130 he would not be able to work, he would be out of status, not able to establish his life here in the US.....

USCIS would not be expecting him to only file for I-130 if he is already here in the US and they would approve the I=130 and then transfer it to a consulate in his home country.... they would only process it here in the US if you file for AOS as thet are then adjudicated together at the AOS interview not at the service center....

Kez