I-765 with the AOS?

[TucsonBill 0]

My fiance entered the US in mid February on an I-129f Fiance Visa, we were married, and now we are finalizing everything to send in for her AOS. The I-765 for working here says we can file the form if it is within 90 days of her entry, but now she is beyond the 90 days... can we still send the I-765 together with the AOS paperwork? Can we include the fees in one check or seperate checks, (if we can still send it).

My concern is that we are about 3 weeks beyond the 90 days for the I-765, (but we were married well within the 90 days as required for the Fiance Visa).

Bill

[YuAndDan 153]

Yes send it with AOS paper work, or can send after AOS with copy of NOA1 from the I-485 (AOS)

It is not recommended to send before on a K-1 anyway because the EAD would expire when I-94 expires, sending before is recommended for K-3 holders because EAD would expire 2 years down the road when the K-3 I-94 expires.

Filing for EAD before filing for AOS ties the EAD expiration to the I-94.

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

[pnd629 0]

Yes, you can send the I-785 with the AOS packet.

I don't remember reading anything about applying within 90 days. My husband had been in the US over 4 months before we sent in our paperwork and there wasn't a problem.

[Yodrak 7]

Bill,

You need to pay closer attention to what category your wife should be submitting this application under.

Yodrak

My fiance entered the US in mid February on an I-129f Fiance Visa, we were married, and now we are finalizing everything to send in for her AOS. The I-765 for working here says we can file the form if it is within 90 days of her entry, but now she is beyond the 90 days... can we still send the I-765 together with the AOS paperwork? Can we include the fees in one check or seperate checks, (if we can still send it).

My concern is that we are about 3 weeks beyond the 90 days for the I-765, (but we were married well within the 90 days as required for the Fiance Visa).

Bill