EAD for K1 Visa Hoder

[Me&myLove 4]

Hello, everyone!

I hope this topic is in the right place. I am in the US now on a k1 Visa and already married.

Reading the instructions about the AOS process, I saw I can file the EAD application with the AOS packet with no extra fee. However, I think I won't have enough time to send the packet within 90 days from my date of entry, is that an issue?

The reason I am asking is because I read the I-765 instructions and it says on Page 4, Eligibility Category #6- Family-Based Nonimmigrant Categories: "A. K-1 Nonimmigrant Fiance(e)of US Citizen of K-2 Dependent--(a)(6). File Form I-765 if you are filing within 90 days from the date of entry."

Did I understand it right? I can not file if I don't have time to send the packet within 90 days from from my entry? Anyone with the same or similar experience to advice me, please? If not, I will have to pay for the EAD and send it separately?

Thanks in advance for any clarification

[Dave&Roza 748]

Hello, everyone!

I hope this topic is in the right place. I am in the US now on a k1 Visa and already married.

Reading the instructions about the AOS process, I saw I can file the EAD application with the AOS packet with no extra fee. However, I think I won't have enough time to send the packet within 90 days from my date of entry, is that an issue?

The reason I am asking is because I read the I-765 instructions and it says on Page 4, Eligibility Category #6- Family-Based Nonimmigrant Categories: "A. K-1 Nonimmigrant Fiance(e)of US Citizen of K-2 Dependent--(a)(6). File Form I-765 if you are filing within 90 days from the date of entry."

Did I understand it right? I can not file if I don't have time to send the packet within 90 days from from my entry? Anyone with the same or similar experience to advice me, please? If not, I will have to pay for the EAD and send it separately?

Thanks in advance for any clarification

You arrived on the K-1 visa and at the POE you received the I-94. The K-1 visa is now null and void as it was for one entry for the purpose of marrying the petitioner. You have 90 days to get married. You did that. You have met the requirements of the K-1 visa. You now must file for AOS and you can file for EAD/AP for the same filing fee of $1070. Should your I-94 expire you are out of status. This just means that you should avoid getting too close to the Southern border or you may be detained by CBP that drive around especially on I-10 in NM. You mightg get hauled in front of an immigration judge who will tell you to file the AOS and may give you a court ordered deadline. Your out of status will be forgiven.

What you are referring to is that as a K-1 visa holder you can file for EAD before getting married and before the I-94 expires. When it arrives you will be eligible to work. The catch is that it expires when the I-94 does, cost $340 AND IS BASICALLY WORTHLESS. You are filing the I-765 based on marriage to a USC and filing for AOS and use code "C9" for line 16.

Good luck,

Dave

Edited April 30, 2012 by Dave&Roza

[Me&myLove 4]

You arrived on the K-1 visa and at the POE you received the I-94. The K-1 visa is now null and void as it was for one entry for the purpose of marrying the petitioner. You have 90 days to get married. You did that. You have met the requirements of the K-1 visa. You now must file for AOS and you can file for EAD/AP for the same filing fee of $1070. Should your I-94 expire you are out of status. This just means that you should avoid getting too close to the Southern border or you may be detained by CBP that drive around especially on I-10 in NM. You mightg get hauled in front of an immigration judge who will tell you to file the AOS and may give you a court ordered deadline. Your out of status will be forgiven.

What you are referring to is that as a K-1 visa holder you can file for EAD before getting married and before the I-94 expires. When it arrives you will be eligible to work. The catch is that it expires when the I-94 does, cost $340 AND IS BASICALLY WORTHLESS. You are filing the I-765 based on marriage to a USC and filing for AOS and use code "C9" for line 16.

Good luck,

Dave

Thanks a lot, Dave. I am aware I will be out of status if I don't file the process within 90 days, but I am trying and getting all the papers together, hopefully I will be able to send it this week, I still have 9 days! Thanks again for your reply, it was very helpful