I-765 and I-131

[EnZ 0]

Hey Guys -

Just trying to gather all of the information I can before I start the K-1 process which should be right at the beginning of '08.

Has anyone had any experience with the I-765 (working in the US) and the I-131 (permission to leave the US)?

How long after we get her Visa can we apply for these? Anyone have a timeline of how long it took to get the papers?

Thanks for all this help, this place eliminates the need to for overpriced lawyers and there are a lot of those out there!!!!

Good luck to all!!

[Otto 83]

Hey Guys -

Just trying to gather all of the information I can before I start the K-1 process which should be right at the beginning of '08.

Has anyone had any experience with the I-765 (working in the US) and the I-131 (permission to leave the US)?

How long after we get her Visa can we apply for these? Anyone have a timeline of how long it took to get the papers?

Thanks for all this help, this place eliminates the need to for overpriced lawyers and there are a lot of those out there!!!!

Good luck to all!!

EnZ,

Once the visa is in-hand a 6-month clock starts ticking (when Frankfurt sends you the visa). You'll have 6 months to enter the US. Once arriving in the US another (90-day) clock starts - this is to get married. Once you're married, you can file for EAD (I-765) and AP (I-131) and AOS (I-485) right away. The EAD (work permit) is taking about 90 days (some less, some a bit more, but right around that). The AP seems to take 4-6 weeks - some less.

(FYI - the AP/I-131 is not permission to leave - we can always do that - it is permission to re-enter the US without giving up/abandoning any AOS status.)

[EnZ 0]

EnZ,

Once the visa is in-hand a 6-month clock starts ticking (when Frankfurt sends you the visa). You'll have 6 months to enter the US. Once arriving in the US another (90-day) clock starts - this is to get married. Once you're married, you can file for EAD (I-765) and AP (I-131) and AOS (I-485) right away. The EAD (work permit) is taking about 90 days (some less, some a bit more, but right around that). The AP seems to take 4-6 weeks - some less.

(FYI - the AP/I-131 is not permission to leave - we can always do that - it is permission to re-enter the US without giving up/abandoning any AOS status.)

Thanks for the good info! I just had a consult with a lawyer and she told me that the K-1 VISA is a working visa and that I dont need to file I-765. I have never seen any information like that though, does anyone else know if that is true?!?!?

[Liebi 0]

Def. not true.

People have been reporting some pretty crazy lawyer stories on this site.

It is not absolutely necessary to file for EAD (I-765) in the AOS process because technically the Greencard (I-485) will be the work authorization as well. But like Karin pointed out already, you will most likely get the EAD approved some time before they approve AOS, so your fiancee/soon-to-be wife will be able to work while waiting. Plus, it is included in the fee. You pay 1.010 Dollar, no matter if you apply for AOS only, or for AOS, EAD and AP.

[EnZ 0]

Def. not true.

People have been reporting some pretty crazy lawyer stories on this site.

It is not absolutely necessary to file for EAD (I-765) in the AOS process because technically the Greencard (I-485) will be the work authorization as well. But like Karin pointed out already, you will most likely get the EAD approved some time before they approve AOS, so your fiancee/soon-to-be wife will be able to work while waiting. Plus, it is included in the fee. You pay 1.010 Dollar, no matter if you apply for AOS only, or for AOS, EAD and AP.

Thanks, I have been reading a lot of your posts and you have some great information! I am excited to read your timeline as my finace will come from Germany, go to the Frankfurt Embassy and do all the same things as you!!!

I hope our application goes so well. We are going to submit in the beginning of January when I get back from Germany!!!!!!!!

[AUBGER 0]

Dont listen to lawyers!!!! They suck! I regret hiring one in our K-1 process....I am definately trusting these guys here much more than the lawyers that don't give a ######

[cellarlily 0]

We were told by two separate immigration lawyers that my husband was eligible to work simply because he was K-1. They either have old information or they are confused.

K-1s are authorized to be work eligible. Basically what that says is they are authorized to apply for the document that allows them to work, just as they're authorized to apply for the document that allows them to reenter the US after foreign travel (I-131).

If your fiancee goes through JFK airport when she moves here, she will likely get a stamp in her passport that is a temporary Employment Authorization Document (EAD); however, this is only valid for 90 days, so there will likely be a gap in time where she is not work eligible.

If working and traveling upon her arrival are important to her, start getting all the AOS paperwork started before she even gets here and plan on doing a courthouse wedding very shortly after her arrival. Then you can mail your AOS, EAD and AP paperwork immediately after you're married.

Good luck! And don't always believe what immigration lawyers tell you. Ask around here because the people who have gone through this process are more knowledgeable than they are most of the time.

[Nina+Matt 0]

i agree with all the above!!

[Liebi 0]

Def. not true.

People have been reporting some pretty crazy lawyer stories on this site.

It is not absolutely necessary to file for EAD (I-765) in the AOS process because technically the Greencard (I-485) will be the work authorization as well. But like Karin pointed out already, you will most likely get the EAD approved some time before they approve AOS, so your fiancee/soon-to-be wife will be able to work while waiting. Plus, it is included in the fee. You pay 1.010 Dollar, no matter if you apply for AOS only, or for AOS, EAD and AP.

Thanks, I have been reading a lot of your posts and you have some great information! I am excited to read your timeline as my finace will come from Germany, go to the Frankfurt Embassy and do all the same things as you!!!

I hope our application goes so well. We are going to submit in the beginning of January when I get back from Germany!!!!!!!!

Thank you EnZ - I am glad I could help!

Good luck on your journey. Any questions you have... feel free to ask!

[dave68 0]

My wife came on a K-1 visa through JFK, and got her work authorization stamp. It was good for 90 days, or until we got married. Marriage voids it then you have to file for EAD, AOS, etc.

It took 10 weeks for EAD, and advanced parole from filing date.

[tanyakaraman 0]

We are currently preparing to send the AP/EAD applications. We sent in the AOS/I-485 application already (waiting for notice of biometric appt...) but now decided we want to apply for AP/EAD as well. We are enclosing copies of the NOA from the AOS.

My question is this: For proof of identity on the AP/EAD applications, we are enclosing copies of the actual K1 visa (don't feel like dealing with English translations of foreign ID documents). The visa clearly shows picture ID as well as name and date of birth. Has anyone ever done this or encountered problems in using the visa as a form of ID?

The instructions for the EAD lists a "visa issued by a foreign consulate" as acceptable proof of ID, but the AP instructions don't specifically list it.

Thanks for any input!!

Tanya & Ozzy

Edited December 3, 2007 by tanyakaraman