k1 approved- 485 question

[realc4ever 0]

hello,

our k1 was approved and my wife wants to work. she doesn't want to become a citizen though.

is the i-485 required or can we just file the i-765 ?

thanks.

[Ana1988 0]

she can apply for EAD online at USCIS website. But after you guys get married in 90 days, you need you to file for her Adjustment of Status..

oh,she will be lucky if she get a EAD Stamp at the airport on her US entry. It depends.Goodluck

Edited July 29, 2009 by Ana1988

[Anh map 2,098]

Wives don't get K1 visas, only fiancees.

The I-485 is her application to adjust status (get a green card). Yes, it must be done. Citizenship is something that she would be eligible to apply for 3 years after she receives her green card.

There isn't a EAD stamp at POE anymore for K1's. If she wants to work before actually receiving the green card then she ought to submit the I-765.

Take some time and read through the adjustment of status guide here on VJ. That will help to educate the both of you on the needed filings, costs involved, and timing.

Best of luck to you both.

Edited July 29, 2009 by Anh map

[payxibka 10,045]

and moving this thread to AOS forum as well

[Gary and Alla 3,694]

hello,

our k1 was approved and my wife wants to work. she doesn't want to become a citizen though.

is the i-485 required or can we just file the i-765 ?

thanks.

Here is the deal

AFTER she arrives and walks off the plane, you can fill in the necessary information from her I-94 and drop the I-765 in the mailbox at the airport with the FEE, $345. You will then wait 60-90 days. The EAD will arrive and, much to your surprise, you will see the expiration is the same as her I-94 which means you will have, maybe, 10-30 days before her work authorization expires. Great deal.

OR you can wait until after you are married and file the I-485 and I-765 together (for no additional fee for the I-765) and wait 60-90 days and get an EAD valid for a year which will then be superceeded by her green card good for two years. The I-485 is required anyway (it has nothing to do with citizenship, it is to make her a permanent resident, if you don't do it she gets to leave in 90 days)

You WILL be filing the I-485 and paying the $1010 fee anyway, so why not get the most for your money. The K-1 is a rather poor choice for someone from Canada who needs or wants to work immediately on arriving. The CR-1 would be a much better choice as Canadians can visit so easily suring the process.

[Gary and Alla 3,694]

she can apply for EAD online at USCIS website. But after you guys get married in 90 days, you need you to file for her Adjustment of Status..

oh,she will be lucky if she get a EAD Stamp at the airport on her US entry. It depends.Goodluck

JFK still gives the useless stamp. But it makes no one "lucky" as in itself it is worthless and must be in conjunction with a work visa. Our K-2 son (to follow) received the stamp on July 16. K-2s never were eligible to work and are not even eligible for a SSN without an EAD or Green card.