Came to the U.S as a K-1 Fiance Visa

[SummerTime 0]

This guy came to the U.S as a K-1 Nonimmigrant Fiance of U.S. Citizen and they've got married. So far, he has applied for SSN a few days ago and they will mail it to him within 4weeks. My question is what form that he needs to fill out to get Employment Authorization and Green Card? I've read the instruction from this forum but confuse with the Form I-765, it says for K-2,3... only :-(

Thanks for the helps

[YuAndDan 153]

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

I-765 is for K-1, K-2, K-3, and K-4 EAD

EAD Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

Edited May 14, 2007 by YuAndDan

[SummerTime 0]

Thanks YuandDan,

my friend just getting married couple days ago. So under form I-765 (section 8) which status should he choose? Married or Single?

section 12: Date of last entry into the US - is it the day that he came to the US?

section 13: Place of last entry into the US - is the place that he lives right now or the place that first came to the US?

section 14: Manner of last entry - he's married now. so what code he should use on this section?

thanks

[Achromatic 0]

Thanks YuandDan,

my friend just getting married couple days ago. So under form I-765 (section 8) which status should he choose? Married or Single?

section 12: Date of last entry into the US - is it the day that he came to the US?

section 13: Place of last entry into the US - is the place that he lives right now or the place that first came to the US?

section 14: Manner of last entry - he's married now. so what code he should use on this section?

thanks

12: Yes. The last time he arrived in the US.

13: The place where he arrived in the US on the trip in 12.

14: "K-1 visa holder"

[SummerTime 0]

The first stop in the US was Los Angeles and it's where the officer gave him I-94. Just entry Los Angeles, CA right?

Thanks again

[bora bora 1]

section 12: Date of last entry into the US - the date he arrived in the U.S.

section 13: Place of last entry into the US - the city he arrived in

section 14: Manner of last entry - my (now) husband came with K1 so I wrote K1 fiance visa

[SummerTime 0]

What about Question 8? He gets married after a few days he arrived into the US.

[SummerTime 0]

If you're filing within 90 days from the date of entry (a)(6)

Any EAD application other than for a replacement must based on your pending application for adjustment under ©(9)

I've seen many samples of Form I-765, they put ©(9)

[Kathryn41 3,205]

The important thing to remember now is that your friend needs to file form I-485 - Application to Adjust Status from a non-immigrant to an Immigrant. This application is the primary one and will result in a green card. Along with the AOS (I-485) your friend can file for Employment Authorization (EAD) using form I-765. He needs to have a valid application of some sort filed in order to qualify for EAD. If he files the EAD now without filing for the AOS, it will be based on his K-1 entry and be valid for the same 90 day period as his I-94. Once the I-94 date passes the EAD would no longer be valid and he would have to re-apply for a new one based on the AOS application. Since it takes about/at least 90 days to approve an EAD, it is likely that the I-94 will expire before the EAD is approved so that filing for it before the AOS will be money down the drain.

Edited May 26, 2007 by Kathryn41

[SummerTime 0]

If he files EAD and AOS, does he have to pay both fees?

[kitkat1 5]

If he files EAD and AOS, does he have to pay both fees?

You pay for whatever you apply for.

Start by reading the guides - it's all there in black and white and the fees are available on the form instructions.

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

[SummerTime 0]

I need some helps on question 8. Could someone tell me which status my friend should select?

Thanks a lot

[kitkat1 5]

I need some helps on question 8. Could someone tell me which status my friend should select?

Thanks a lot

http://www.visajourney.com/forums/index.ph...p;page=examples

[SummerTime 0]

The important thing to remember now is that your friend needs to file form I-485 - Application to Adjust Status from a non-immigrant to an Immigrant. This application is the primary one and will result in a green card. Along with the AOS (I-485) your friend can file for Employment Authorization (EAD) using form I-765. He needs to have a valid application of some sort filed in order to qualify for EAD. If he files the EAD now without filing for the AOS, it will be based on his K-1 entry and be valid for the same 90 day period as his I-94. Once the I-94 date passes the EAD would no longer be valid and he would have to re-apply for a new one based on the AOS application. Since it takes about/at least 90 days to approve an EAD, it is likely that the I-94 will expire before the EAD is approved so that filing for it before the AOS will be money down the drain.

Either file EAD first or along with AOS, I have to pay both fees. Does anyone have experienced or acknowledge about this before?

[Carlawarla 1]

If he files EAD and AOS, does he have to pay both fees?

You pay for whatever you apply for.

Start by reading the guides - it's all there in black and white and the fees are available on the form instructions.

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

My first suggestion would be to get your "friend" to come on-line her/himself and read the guides. If they're not computer literate, then that's fine. It's hard to believe he/she came into the US on a K-1, but they have no idea what to do next.

If THEY can't come on-line and read the guides, it was suggested a few times, that you do. It's all there for you to read and impart the information to t hem. Or, you can print it out, and have them look at it.

Carla