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Posted (edited)

*** Thread moved from K1 forum to AOS K1 forum as this is the current stage of the case ***
 

No. The beneficiary should have applied before day 75 of the 90 days given after entry on K1. Now you will have to wait for either EAD or GC to get one.

Edited by powerpuff

 

 

Filed: K-1 Visa Country: Italy
Timeline
Posted
1 minute ago, powerpuff said:

*** Thread moved from K1 forum to AOS K1 forum as this is the current stage of the case ***
 

No. The beneficiary should have applied before day 75 of the 90 days given after entry on K1. Now you will have to wait for either EAD or GC to apply for one.

So I can’t apply for a EAD either we just wait for his approval of his AOS

Posted
1 minute ago, Kathy Anne said:

So I can’t apply for a EAD either we just wait for his approval of his AOS

You can apply for EAD if you want to, you will just have to pay the fee. 
 

But yes, you will have to wait until you receive your GC.

 

 

Posted
11 hours ago, Kathy Anne said:

So I can’t apply for a EAD either we just wait for his approval of his AOS

He can file I-765 for an EAD while the I-485 (AOS application) is pending. Previously it was free and I'd just blanket recommend filing for it, right now it depends:

 

If the I-485 was filed before April 1, 2024 - the I-765 remains free to file, so just go ahead and do that.

If the I-485 was filed after April 1, 2024 - the I-765 costs $260. Considering that I-485 tends to take over a year and you probably won't see an approval in the near future, I'd recommend filing it because an approved I-765 will let him work, get a social security card, driver's license, and the EAD is a valid federally issued ID good for domestic air travel and whatever else.

 

Note, for category code use (c)(9)( ), NOT (a)(6)( ). C9 is based on the pending I-485 and they are currently issued for 5 years. A6 would be based on admission as a K-1 and would expire the same day as the K-1, in the ideal scenario that'd result in an EAD that's valid for a few days so that's just something that should never be filed.

 

An approved I-765 will not let him travel abroad, would also need to file I-131 for that (free if I-485 was filed before April 1, 2024, $630 after which I think is a huge ripoff).

Contradictions without citations only make you look dumb.

Filed: K-1 Visa Country: Italy
Timeline
Posted
5 minutes ago, Demise said:

He can file I-765 for an EAD while the I-485 (AOS application) is pending. Previously it was free and I'd just blanket recommend filing for it, right now it depends:

 

If the I-485 was filed before April 1, 2024 - the I-765 remains free to file, so just go ahead and do that.

If the I-485 was filed after April 1, 2024 - the I-765 costs $260. Considering that I-485 tends to take over a year and you probably won't see an approval in the near future, I'd recommend filing it because an approved I-765 will let him work, get a social security card, driver's license, and the EAD is a valid federally issued ID good for domestic air travel and whatever else.

 

Note, for category code use (c)(9)( ), NOT (a)(6)( ). C9 is based on the pending I-485 and they are currently issued for 5 years. A6 would be based on admission as a K-1 and would expire the same day as the K-1, in the ideal scenario that'd result in an EAD that's valid for a few days so that's just something that should never be filed.

 

An approved I-765 will not let him travel abroad, would also need to file I-131 for that (free if I-485 was filed before April 1, 2024, $630 after which I think is a huge ripoff).

Thank you so much I sent the I-485 in they got it on the 30th of May but sent it back and told me that I had to pay the extra amount so looks like I’m going to be paying the $260 and also the 630 for the I-131 because his father is very old and won’t leave the house so we may need to make a trip over there but thank you so much for all this information

Posted
1 minute ago, Kathy Anne said:

Thank you so much I sent the I-485 in they got it on the 30th of May but sent it back and told me that I had to pay the extra amount so looks like I’m going to be paying the $260 and also the 630 for the I-131 because his father is very old and won’t leave the house so we may need to make a trip over there but thank you so much for all this information

Just make sure to send the I-765 and I-131 together because then USCIS tends to consolidate them and issue what's known as a "combo card", which is basically an EAD with an annotation that says "Also serves as I-512 Advance Parole" making it good for international travel and it's valid for as long as the EAD will be (5 years).

 

Otherwise the advance parole is issued on a piece of paper, so you know, less durable, more likely to get lost in pile of paperwork and I'm not sure if they issue those for 1 year or for 5 years.

 

Contradictions without citations only make you look dumb.

Filed: Citizen (apr) Country: Sweden
Timeline
Posted
16 hours ago, Kathy Anne said:

Can you get your social security number while you wait for your I-485 to be approved 

 

If you used the most recent version of the I-485 form there are two items (16 and 17) on it for having SSA issue a social security number if you don't have one - this option was not available in the past.

 

It's basically USCIS forwarding your info to SSA, but I'm not sure at what stage of the process they do that.

Posted
28 minutes ago, NorthByNorthwest said:

 

If you used the most recent version of the I-485 form there are two items (16 and 17) on it for having SSA issue a social security number if you don't have one - this option was not available in the past.

 

It's basically USCIS forwarding your info to SSA, but I'm not sure at what stage of the process they do that.

I just filed my ( I-485, I-131, and I-765) and the I-485 asks if my wife had her social security card... I said yes because we went and got it when she arrived. we mail all 3 applications together.

 
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