Do I have to file the I-765 if I am applying for AOS?

[peregrinoazul 6]

I entered the USA under a K-1 Visa on May 1st. We got married on June 6th. We are just completing all the paperwork we need to file for AOS.

I have a very specific question. Do I have to file for I-765? My I-94 is about to expire.

If I must file it, do I have to pay the fee for it?

Is it worth filing? Or my AOS should suffice?

Your help is greatly aprecciated!

[Hypnos 6,576]

You do not have to apply for it, but since there's no fee for doing so then generally most people do.

[nobbie 105]

You don't have to but EAD will be with you in about 3 months whereas GC may take a year. EAD will enable you to work, drive etc, file for AP as well, no charge for that either.

[sweet01 39]

I entered the USA under a K-1 Visa on May 1st. We got married on June 6th. We are just completing all the paperwork we need to file for AOS.

I have a very specific question. Do I have to file for I-765? My I-94 is about to expire.

If I must file it, do I have to pay the fee for it?

Is it worth filing? Or my AOS should suffice?

Your help is greatly aprecciated!

HI

Since filing of I-765 or Application for Employment Authorization/EAD is free of charge or waived when you are filing for AOS (I-864), as well as the Application for Travel Document/AP(I-131), then it is best that you do. Most especially based on our experience in March 2015 AOS filers, there are different timelines of getting the conditional Greencard or GC so the smartest move is to also apply for this. The advantages are , first it's free and second this might be sent to you ( EAD/AP card combo ) earlier than the GC. Third advantage is you can work with EAD in hand even when you don't have the GC yet and it's renewable since there are cases that the timeline of getting the GC's are more than 6 months.

So to your question,

If I must file it, do I have to pay the fee for it? - No you will not pay for it since it is waived when applying for AOS under K1 visa

Is it worth filing? Or my AOS should suffice? - Yes it is worth it, it is a life saver when you still don't have your GC in hand and you can work while waiting for GC. Your AOS will not suffice as long you have proper documentation on filing. You can check on this link too - http://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers.

Edited June 27, 2015 by sweet01

[KayDeeCee 4,891]

Follow this guide for AOS > http://www.visajourney.com/content/k1k3aos

The fees are listed here > http://www.uscis.gov/i-485

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

[nadsa 1]

I say do it, I'm a march filler and I didnt file it, and ended up filling it on April, just because I realized the AOS was going to take too long. In some states the EAD Is the only official way to get a drivers license, if you do not file for it, and you case gets waived just like mine (I got my interview waiver letter last Saturday), that means you still can't work, drive and plenty other stuff, it's FREE so just file it. I'm actually filling the advance parole this week, just because I got waived and j really want to visit my family

Oh, I forgot to say that if you don't file it and decide to do it later, like I did, you will have to get fingerprinted again, in my case is a 4 hour long drive so yeah, just do it

[peregrinoazul 6]

Thanks everyone! Your advise was of great help!

Now, does anyone know how long does it take for me to get a response, once the packet has been sent?