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Form I-765 Questions

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I have recently received my Visa and entered the US (last week). Yay! Our wedding date is Dec. 2nd and my K1 Visa is valid up to December 31st. I am a little confused about the process for filing the I-765 form. Am I able to file the I-275 form now? Does this allow me to receive a work permit? As well, how do I go about obtaining a SSN? What happens with my work permit once we get married? Do I refile again??

Any information for this next step would be appreciated!

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Get married, file for AOS + AP + EAD, the last two ones take about 90 days to get (AP = international travel permit, EAD = work permit).

You can go to the local social security office to get a SSN a couple of days after you arrive in the US, maybe even earlier, not sure.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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The reason I am asking if I can file I-765 now (before we get married) and get a work permit ASAP is because I have a possible job offer (to start in two months). However, if it takes 90 days for an EAD to be processed then this will not be possible. Do you have to file EAD with AOS and AP or can you do this beforehand?

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No, you can not. One of the requirements for adjusting status is that you are married - it's one of the first boxes you need to check on the form as to why you are able to adjust status. When you get married, a visa number instantly becomes available to you because you are the spouse of a US citizen. You have no rights to work as a fiancee of a US citizen. That is one of the downfalls of the K visa route, unfortunately!



Married: 5-July-2015
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
NOA2 Hard Copy Received: 06-October-2016
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS and IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017

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No I don't think you can file those two beforehand, they go hand-in-hand with the AOS. And you can't AOS until you're married.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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Just to be clear: You are eligible to file for the EAD based on your K1 visa, but as it takes approximately 90 days to receive and would expire when your I94 does (90 days after arrival) - it is basically pointless. Instead, get married asap and file for EAD concurrently with your AOS package. If you have a written job offer, you could try to expedite the EAD (seems like most applicants are succesful at that).


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS process~


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

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

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