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Form I-765 question!

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Hey all,

Have a question. My fiance just got issued her K1 visa. Her flight is June 14th to the United States. She has a job here waiting for her...she has worked this job as a host the past two summers on a J1 student visa, now she is coming on K1 visa and obviously wants to start work right away.

I was just reading that the Form I-765, Application for Employment Authorization, takes 3 months to process! Can you not work legally until you have that card...if you have marry within 3 months, how does this take 3 months to process? I am confused and a little stunned here. I thought it would take a week or two, not 3 months.

So can my fiance not work legally in the United States this summer??

Please help!


embrace the journey.

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Short answer: No.


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Sadly, probably not. You have to marry first, then file AOS with the I-765, then wait 3 months for it to be approved. So if you can marry and file straight away, she will have a work permit by September. Her summer job is probably over by then.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Sorry :( Have you read this flowchart? http://www.visajourney.com/content/k1flow

Knowing what is coming up will help alleviate any other disappointments based on lack of knowledge. A K-1 is a non-immigrant visa. She will have no rights to work or travel internationally (cannot reenter US), until you apply for permanent resident status after you marry (and get approved).


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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As others have noted no she's unlikely to be authorized to work this summer. It's one of the disadvantages of the K-1 route. Yes you can apply for work authorization after entering, but with processing times being so long by the time they process it the authorization won't be valid anymore. It's also free to file with I-485 for the AOS vs a fee if you file after K-1 entry so save yourself the effort and the money. Best bet is to get legally married quickly and then file for AOS as soon as possible so she can get work authorization as quickly as possible.


Service Center: California Service Center

Consulate: Montreal, Canada

9/19/11: I-129F Sent

9/22/11: I-129F NOA1

2/8/12: I-129F RFE

3/5/12: I-129F RFE Reply Sent

(RFE details can be found here: http://www.visajourney.com/forums/topic/365210-rfe-primary-vs-secondary-evidence-feed-back-please/)

3/14/12: I-129F NOA2 (Approved!)

3/20/12: NVC Received Petition

3/29/12: Petition Left NVC

4/19/12: Consulate Received Petition

4/30/12: Packet 3 Notification Received by Petitioner in US

5/11/12: Packet 3 Received by Beneficiary in Canada

5/28/12: Packet 3 Returned via DHL

6/5/12: Packet 3 Received by Consulate, said they'd emailed Packet 4 (haven't received)

8/2/12: Consulate Interview at Montreal

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I have a quesction. I am amrried to us citizen, and I want to send the form I-765 first, before I-485. is that possible???

No, not from J-1 visa as indicated in your profile.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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