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eileenho

Do I have to apply for EAD I 765?

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Hi VJ,

We are going to submit "Adjustment of status" base on K1 visa holder very soon, maybe next week.

Because i am pregnant now, the baby due date will be in April 2009, and plus at least 3 months for taking care of baby. I am sure i will be the condition permanant resident. And i can not or don't want to work before August 2009.

So in my case, do I have to apply for EAD I 765.

By the way, i saw the instruction on I 765 "K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under ©(9)."

Thanks for you info.

Eileen

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Hi VJ,

We are going to submit "Adjustment of status" base on K1 visa holder very soon, maybe next week.

Because i am pregnant now, the baby due date will be in April 2009, and plus at least 3 months for taking care of baby. I am sure i will be the condition permanant resident. And i can not or don't want to work before August 2009.

So in my case, do I have to apply for EAD I 765.

By the way, i saw the instruction on I 765 "K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under ©(9)."

Thanks for you info.

Eileen

EAD is optional. Sounds like you won't use it so don't need it.


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Hi VJ,

We are going to submit "Adjustment of status" base on K1 visa holder very soon, maybe next week.

Because i am pregnant now, the baby due date will be in April 2009, and plus at least 3 months for taking care of baby. I am sure i will be the condition permanant resident. And i can not or don't want to work before August 2009.

So in my case, do I have to apply for EAD I 765.

By the way, i saw the instruction on I 765 "K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under ©(9)."

Thanks for you info.

Eileen

As an adjustment of status applicant you will file C 9 not A 6. EAD is optional. EAD has no additional fee when filing with or after an I-485. While you may feel you do not need it (an that may be very true), since it is essentially free, you decide....


YMMV

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One thing to consider - while you don't intend on working for a while and don't need to prove your eligibility, the EAD is generally approved faster than the AOS, and when it arrives you have proof of your legal status in the US that you can carry around with you, use to get a Driver's License, a SSN if you haven't got one already, and in some cases be added to spouse's health plans or bank accounts. Since the cost is included in with the AOS application you might wish to apply all the same. The same thing with the AP -I-131. You may never use it but if you do it will save you a lot of time and worry having it in hand instead of running around and trying to get emergency permission to leave/return to the US.


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One thing to consider - while you don't intend on working for a while and don't need to prove your eligibility, the EAD is generally approved faster than the AOS, and when it arrives you have proof of your legal status in the US that you can carry around with you, use to get a Driver's License, a SSN if you haven't got one already, and in some cases be added to spouse's health plans or bank accounts. Since the cost is included in with the AOS application you might wish to apply all the same. The same thing with the AP -I-131. You may never use it but if you do it will save you a lot of time and worry having it in hand instead of running around and trying to get emergency permission to leave/return to the US.

Many thanks for your good info. I don't know EAD fee is included in I 485. So you are sure i don't need to pay extra fee for EAD, right? If no need to pay, I will do it. :lol:

I already got a SSN. But for driver's license, i am in CT. Until now i don't find the regulation/info about how and when can i qualify for applying drive license. Do you have any website sugguest me to review? Thank you.

For AP-I-131, how long will it be approved? And fee is also included in I 485?

I also reviewed the this form, but it is requested the date when are you planning leave US. I have no idea about leaving date. Considering about i am pregnant for almost 3 month now, i would like to go back to China for Spring Festival (next Jan or Feb), the most important festival in China. But it is so old around that time, no heat in my hometown, and i will have big belly. I don't think it is good time to go home. And baby due date will be next April. after baby were delivered, we have to get Children passport, and must valid at least 6 months before baby can travel to any countries. :wacko:

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The cost of the AP is also included in the cost of I-485. Don't worry about the intended dates of travel. The vast majority of K1 holders who apply for their AP don't know when they will travel, they just want to have the option.

For intended dates, don't put anything in. For reasons for travel, just put something like "Visit family when possible and ability to return home for family emergency". I used that without any dates and got approved without any issues. I've never read of any K1 holder not supplying exact dates or reasons for travel and being denied their AP.


K-1 Visa Process.

===========

See my timeline

AOS Process

========

01/23/08 - AOS Package mailed to Chicago Lockbox

01/25/08 - NOA1 for I-485, I-765 and I-131

02/15/08 - Biometrics for I-485 and I-765

02/18/08 - I-485 transferred to CSC

02/21/08 - I-485 & I-765 touched

03/11/08 - I-131 approved

03/18/08 - I-765 approved

03/19/08 - EAD arrives

03/20/08 - AP arrives

03/27/08 - I-485 touched

04/11/08 - I-485 touched (case received at CSC)

04/13/08 - I-485 touched

06/07/08 - I-551 Card production ordered

06/13/08 - Welcome Letter arrives

06/16/08 - I-551 Card arrives

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OMG! :o I noticed EAD form I 765 was expired on 08/31/08. Any VJ memeber can help me find new version form? Or can i still use this expired form?

Thank you!

The latest are the ones posted on the USCIS website... Current version is 5/27/08


YMMV

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OMG! :o I noticed EAD form I 765 was expired on 08/31/08. Any VJ memeber can help me find new version form? Or can i still use this expired form?

Thank you!

The latest are the ones posted on the USCIS website... Current version is 5/27/08

Yes, that is the one i am filling in now. So i will use it since no more new version except Current version 5/27/08.

Thank you!

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OMG! :o I noticed EAD form I 765 was expired on 08/31/08. Any VJ memeber can help me find new version form? Or can i still use this expired form?

Thank you!

The latest are the ones posted on the USCIS website... Current version is 5/27/08

Yes, that is the one i am filling in now. So i will use it since no more new version except Current version .

Thank you!

Hm, I still only get the one expired 08/31/08 from the USCIS website, even though it says the current version would be 5/27/08. Where did you get it?

Edited by Connecticut Dave

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OMG! :o I noticed EAD form I 765 was expired on 08/31/08. Any VJ memeber can help me find new version form? Or can i still use this expired form?

Thank you!

The latest are the ones posted on the USCIS website... Current version is 5/27/08

Yes, that is the one i am filling in now. So i will use it since no more new version except Current version .

Thank you!

Hm, I still only get the one expired 08/31/08 from the USCIS website, even though it says the current version would be 5/27/08. Where did you get it?

one in the same


YMMV

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OMG! :o I noticed EAD form I 765 was expired on 08/31/08. Any VJ memeber can help me find new version form? Or can i still use this expired form?

Thank you!

The latest are the ones posted on the USCIS website... Current version is 5/27/08

Yes, that is the one i am filling in now. So i will use it since no more new version except Current version .

Thank you!

Hm, I still only get the one expired 08/31/08 from the USCIS website, even though it says the current version would be 5/27/08. Where did you get it?

one in the same

yeah, I can't find any other version anywhere. and I found the "5/27/08" in the lower right corner. I guess this is the right form then. I'll just give it a shot. Thanks!

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