Jump to content
Sign in to follow this  
Jahan&Veena

e-filing EAD before AOS (K1)

7 posts in this topic

Recommended Posts

Hi ALL

The Instructions for E-Filed Form I-765 on the USCIS website state that a K-1 Fiance(e) IS eligible to e-file for EAD but a K-3 spouse is NOT.

Since the AOS (I-485) can not be e-filed, is it correct to assume that one can e-file the EAD BEFORE submitting the AOS?

On the paper i-765, The instructions for a K-1 applicant are:

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 family-based adjustment under ©(9).

What I make of this is that you ARE eligible to apply for the EAD as long as you are doing this within the first 90 days...and the reason they say it can not be renewed must be because any future application for EAD "...must be based on your pending application for family-based adjustment under ©(9)" to make sure that you married your USC fiance(e) and filed for AOS within the 90 days...if you didnt then obviously you can not renew or get a new EAD.

If other VJers agree then this is great news for K1s...no need to wait until sending the AOS package!

Waiting for your thoughts/opinions on this.

Regards,

Christine & Jahan.


Click here for our complete timeline; from K1 all the way to citizenship.

Share this post


Link to post
Share on other sites

You can not file for EAD (I-765) until you have filed for AOS (I-485). If you submit the 485 and 765 at the same time you dont have to pay for the biometeric twice. Also e-filing the 765 does not get your formed process any sooner than if you mail it.

Good Luck.


Traveled to Morocco on Aug 3rd, 2005

Got Engaged on Aug 16th, 2005

Left Morocco on Aug 19th, 2005

08-29-05 Filed I129F

01-09-06 Interview Date (9am) We were not approved today, I guess we got a 221g of the damn S. Korea Police Certificate that Casablanca said we didn't need.

03/03/06 Turn in Passport at 9am

03/15/06 Visa Issued

03/31/06 Enter USA via JFK

05/15/06 Wedding for Visa

06/10/06 Mailed AOS papers

07/06/06 Biometerics Apt

07/15/06 My offical wedding day....I know .....:-)

07/10/06 Touched

08/25/06 EAD Approvel

09/01/06 EAD in Hand

09/26/06 AOS Interview (Recommend for Approval)

10-05-06 Received Welcome Letter

10-10-06 Green Card Arrived.

We are now one9d63d28.jpg.png

Share this post


Link to post
Share on other sites
If other VJers agree then this is great news for K1s...no need to wait until sending the AOS package!

Waiting for your thoughts/opinions on this.

The missing piece is: How long does it take to receive the K-1 EAD?

Answer: 85-90 days.

Conclusion?


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Share this post


Link to post
Share on other sites

frndly1,

Thank you for your post. If you read the instructions on the I-765 for family-based adjustment applicant, you can file for the EAD after the AOS or concurrently with the AOS application which will make you a category ( C)(9). If you read my post above, it is about category (a)(6). You can be in category (a)(6) ONLY if you apply for the EAD as a K1 BEFORE AOS.

I just spoke to John at USCIS Customer Service and he confirmed that it is in fact possible to apply for the employment authorization BEFORE filing for AOS if you're on K-1, but he said that it will be valid only for 90 days (thru the validity of the K1) and since it takes about 90 days to process them, its no use.

This is exactly what meauxna (correctly) suggested.

Oh well...better get back to assembling the AOS packet :blush:

Jahan.


Click here for our complete timeline; from K1 all the way to citizenship.

Share this post


Link to post
Share on other sites

frndly1,

A K1 can apply for an EAD prior to applying for adjustment, as others have already told you.

One does not have to pay for the biometrics twice in any event - there is no fee for the I-765 photo and index fingerprint.

Yodrak

You can not file for EAD (I-765) until you have filed for AOS (I-485). If you submit the 485 and 765 at the same time you dont have to pay for the biometeric twice. ....

Share this post


Link to post
Share on other sites

Yodrak,

Thanks for the informaton but I didnt ask the question. Nor does this situation apply to me. But thanks for the info.


Traveled to Morocco on Aug 3rd, 2005

Got Engaged on Aug 16th, 2005

Left Morocco on Aug 19th, 2005

08-29-05 Filed I129F

01-09-06 Interview Date (9am) We were not approved today, I guess we got a 221g of the damn S. Korea Police Certificate that Casablanca said we didn't need.

03/03/06 Turn in Passport at 9am

03/15/06 Visa Issued

03/31/06 Enter USA via JFK

05/15/06 Wedding for Visa

06/10/06 Mailed AOS papers

07/06/06 Biometerics Apt

07/15/06 My offical wedding day....I know .....:-)

07/10/06 Touched

08/25/06 EAD Approvel

09/01/06 EAD in Hand

09/26/06 AOS Interview (Recommend for Approval)

10-05-06 Received Welcome Letter

10-10-06 Green Card Arrived.

We are now one9d63d28.jpg.png

Share this post


Link to post
Share on other sites

frndly,

I'm not commenting on any question you asked or about your situation.

I'm commenting on the misinformation you provided, hoping that other people will not be lead astray by it and that you will not repeat the same misinformation in the future.

Yodrak

Yodrak,

Thanks for the informaton but I didnt ask the question. Nor does this situation apply to me. But thanks for the info.

Edited by Yodrak

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×