Download
the Following Form:
>
I-765
The above form can be filled out on your computer and printed.
Make sure you sign and date it as required. Anything you cannot fit by typing,
you can handwrite (very neatly) in black ink in the blank instead. You should
always verify the current forms at www.uscis.gov.
Select Visa Type:
o K-1 Visa Holder
o K-3 Visa Holder
>>K-1 Visa Holder
Guide <<
When you can File:
| 1. |
At
the Airport. As a K-1 Visa Holder you may
receive a temporary EAD at the Point of Entry (POE). This has
however become very uncommon and the only known POE that (and
not always) issues these is JFK International Airport. If they
do issue you a temporary EAD it will expire on the date that
your K-1 expires (90 days from entry on your K-1). (Where:
at the POE only) |
| 2. |
Immediately,
before filing for AOS. As a K-1 visa holder you
are technically eligible to file for an EAD immediately
when you arrive. However, this EAD will expire when you K-1
expires (90 days) and because of this and the wait time (>90
days) it is a waste of both time and money to bother applying.
You
will file as category (a)(6), "Nonimmigrant Fiance(e) of U.S.
Citizen". (Where to file: mail,
efile, walk-in -- only if local office allows) |
| 3. |
At
the same time as filing for AOS. As a K-1 holder
filing for Adjustment of Status (AOS) you are eligible to file
for an EAD at the same time. Your EAD packet can be filing along
with your AOS packet and mailed together. You
will file as category (c)(9), "adjustment applicant".
(Where to file: mail only - with AOS packet) |
| 4. |
After
filing for AOS. If you did not file for your EAD
at the same time as filing your AOS packet, you may still apply
for an EAD. You will however need proof of having filed for
AOS. This is typically in the form of a "notice of action" or
physical receipt from the office you filed at stating that they
received your AOS packet. You
will file as category (c)(9), "adjustment applicant".
(Where to file: mail, walk-in
if allowable, efile) |
| 5. |
Renewing
your EAD (assuming you filed for AOS). You may
renew your EAD when your EAD nears expiration. You must renew
your EAD to be able to work until you become a Permanent Resident
(or Conditional Permanent Resident) at which time your "Green
Card" will be proof of eligibility to work. A suggestion before
filing is to check the processing time currently for EAD's and file at a time equal to the
number of days before your EAD expires. ex: if the processing
time is three months then apply for a renewal three months before
your EAD expires. You
will file as category (c)(9), "adjustment applicant".
(Where to file: mail, walk-in
if allowable, efile) |
|
Assembling the EAD Package: Checklist for a K-1 Applicant
| 1. |
Payment
as required by USCIS.
Use a money order so you can track the payment.
Note: Applicants filing for this benefit at the same time or while an Adjustment of Status (I-485) application is pending are not required to pay any fee as it was included in the "total cost" of the I-485. |
| 2. |
Form I-765:
Application for Employment Authorization properly filed out
with correct filing category selected (see
example for AOS applicants (c)(9)) |
| 3. |
If
Filing as a category (a)(6), K-1 Nonimmigrant Fiance(e) of U.S.
Citizen then: |
| 3a. |
Copy of
evidence of admission such as an I-94
(front/back), passport, and K-1 Visa. Use as many of these as
possible (I-94 is required); including a copy of the
K-1 is recommended. Make clear copies. |
| 3b. |
A copy
of your last EAD (front and back) if any |
| 3c. |
Two passport-type
Photo's (see specification) |
| 4. |
If
Filing as a category (c)(9), Adjustment Applicant then: |
| 4a. |
Copy of
the receipt notice or other evidence that your Form I-485, Application
for Permanent Residence, is pending. If filing at the same time
as AOS (in the same package) then you do not need to provide
proof of filing (how could you)! |
| 4b. |
Copy of
I-94 (front and back) |
| 4c. |
A copy
of your last EAD (front and back) if any |
| 4d. |
Two passport-type
photo's (see specification) |
|
IMPORTANT!
Make TWO copies of the entire package
before you send it in. This includes the money orders too. You want to
have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request
For Evidence). If you receive an RFE, follow the direction exactly,
and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.
Mail to:
Category (a)(6): Your
CIS Service Center (see this page to find your Service Center).
Category (c)(9): Part 5 of the I-765 instructions lists where you should file (in this case the Chicago Lockbox).
*E-Filing....
go
here
and follow the directions! Filing on category (c)(9) only.
|
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