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laurenandmarisa

Can you submit the Application for Employment Authorization (I-765) after you submitted the Ajustment of Status?

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Filed: K-1 Visa Country: Portugal
Timeline

So we have been waiting 6 months since submitting the adjustment of status package (we got married through a K1 visa).
We did not submit the Application for Employment Authorization (I-765) with the Adjustment of Status package, because we honestly didn't know it was going to take this long to even get the interview.

But can we still submit the Application for Employment Authorization (I-765) now by itself?

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Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from Working & Traveling forum to the main AOS/Family-Based forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Yes you can apply for EAD, just put a copy of your NOA1 in there (The receipt letter you received to show that USCIS received your application)

So we have been waiting 6 months since submitting the adjustment of status package (we got married through a K1 visa).
We did not submit the Application for Employment Authorization (I-765) with the Adjustment of Status package, because we honestly didn't know it was going to take this long to even get the interview.

But can we still submit the Application for Employment Authorization (I-765) now by itself?

-K-1 Timeline-                                                                                         -ROC Timeline-
Visited girlfriend first time - 07/20/13                                                    Sent - 12/16/16
I-129f Filed - 08/04/13                                                                              NOA 1 - 12/19/16
NOA1 - 08/20/13                                                                                       Biometrics - 01/27/17
Visited girlfriend second time - 09/10/13 - 09/30/13                       Card Production - 6/14/18
RFE - 08/28/13 (parental consent from courthouse)                        Card in hand - 6/21/18
NOA2 - 11/05/13
Visited girlfriend third time - 11/14/13                                           -Citizenship filed Dec 13th 2018-
Case Shipped to NVC - 12/16/13                                                       Biometrics - Jan 3rd, 2018
NVC Case number - 12/26/13                                                            Interview - September 27th 2019 (Approved!)
Sent to London Embassy - 12/27/13                                                Oath - October 31st 2019 (Journey finally OVER!!)
DS - 160 Sent - 05/01/14
Readiness Form Sent - 06/01/14
Medical - 01/09/14
DS Forms & Medical Received By Embassy - 01/14/14
Interview - 02/13/14 APPROVED!!
CEAC Issued - 02/19/14
Visa in hand - 02/24/14
POE: Newark - 02/25/14
Married - 03/22-14

-AOS Timeline-
Filed - 04/16/14
NOA1 Email - 04/24/14

NOA1 Letters - 04/28/14

Biometrics Appointment - 05/19/14

RFE - 04/16/14

EAD Card Production - 07/03/14

EAD In Hand - 07/11/14

Potential Interview Waiver Letter - 07/29/14

Approved! - 03/16/15 (Took Almost 11 months total)

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Do i-131 too (so you'll be able to leave and come back to usa if needed). Fees for both are waived with noa1 from aos.

It is not where I breathe but where I love that I live.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Do i-131 too (so you'll be able to leave and come back to usa if needed). Fees for both are waived with noa1 from aos.

Good plan. :thumbs:

Concurrently file for the EAD/AP combo card, better late than never. Be sure to include a copy of your NOA1 receipt for the I-485. Processing times are 60-90 days.

Good luck.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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