Can I-765, EAD, be filed from abroad beore getting K1?

[messi 0]

I am in Argentina, waiting for the embassy to give me an interview date.

Since the EAD seems to take a while to get approved, I thought maybe I can file for I-765 now and it will get approved by the time I arrive in th US so I can start woring right away. Is that possible?

On the USCIS website it says I-765 can be filed after I-129 has been filed, but not clear if you can do it before you get the K1 visa approved or even before you enter the states.

thanks,

[Darnell 8,478]

before getting K-1?

NO.

[Inky 1,110]

I-129 and I-129F are two different petitions.

You are filing a K-1 = I-129F you cannot AOS or get EAD untill you are MARRIED, in the US.

[bruno. 4]

A lot of people here wish it was so but it is NOT. You'll have to wait like the rest of us.

[Aztec&Taino 144]

I am in Argentina, waiting for the embassy to give me an interview date.

Since the EAD seems to take a while to get approved, I thought maybe I can file for I-765 now and it will get approved by the time I arrive in th US so I can start woring right away. Is that possible?

On the USCIS website it says I-765 can be filed after I-129 has been filed, but not clear if you can do it before you get the K1 visa approved or even before you enter the states.

thanks,

That would be convenient, right? That way you could begin to work on the same week that you arrive to the USA! Unfortunately, no, you cannot attempt to work this "in advance," the process needs to be followed in the instructed steps, even if it's inconvenient and costly. Hopefully, your EAD will be approved in less than the 3 months estimate (you can always hope, right?)

Best wishes!

[Dodi 69]

You are filing a K-1 = I-129F you cannot AOS or get EAD untill you are MARRIED, in the US.

That's not technically true. You CAN file an EAD once you've arrived, BEFORE you're married, however, it takes roughly 60 to 90 days to be approved, and that would get you a temporary EAD, which only lasts until the I-94 expires (90 days from arrival), so you'd basically be throwing $340 out the window to apply for it.

If you apply for your EAD when you submit your AOS paperwork, it's covered under the AOS fee, and is good for a year if you use the ©(9) code as a K1. Saves you lots of $$ and time. Right now, most offices are approving EAD's in around 60 days (not concrete, but AROUND).

[dakay ♥ 10]

Since the EAD seems to take a while to get approved, I thought maybe I can file for I-765 now and it will get approved by the time I arrive in th US so I can start woring right away. Is that possible?

[Gary and Alla 3,694]

I am in Argentina, waiting for the embassy to give me an interview date.

Since the EAD seems to take a while to get approved, I thought maybe I can file for I-765 now and it will get approved by the time I arrive in th US so I can start woring right away. Is that possible?

On the USCIS website it says I-765 can be filed after I-129 has been filed, but not clear if you can do it before you get the K1 visa approved or even before you enter the states.

thanks,

No. You must get the K1 AND legally enter the USA. You will need to attach a copy of your I-94 to the application. IF you do this before you are MARRIED it will take 60 days to process the EAD (minimum) and then the EAD will expire in 90 days with your I-94. In addition to costing $340 you will have less than 30 days to find a job and the job must then agree to lay you off when your 90 day EAD expires and until you receive your green card.

Best bet...get here, get married, file for the AOS as soon as possible and wait until you have your EAD or green card.

The K1 is not a work visa, if working is a critical factor to you, the K1 was the wrong visa to choose. That is why they have the CR-1

Edited September 16, 2010 by Gary and Alla

[Gary and Alla 3,694]

That's not technically true. You CAN file an EAD once you've arrived, BEFORE you're married, however, it takes roughly 60 to 90 days to be approved, and that would get you a temporary EAD, which only lasts until the I-94 expires (90 days from arrival), so you'd basically be throwing $340 out the window to apply for it.

If you apply for your EAD when you submit your AOS paperwork, it's covered under the AOS fee, and is good for a year if you use the ©(9) code as a K1. Saves you lots of $$ and time. Right now, most offices are approving EAD's in around 60 days (not concrete, but AROUND).

Right on! It is POSSIBLE to apply for the EAD before getting married and adjusting status but it ranks right up there as one of the world's largest wastes of time and money. Better to get 340 $1 bills and burn them for heat.