EAD FILING QUESTIONS

[yave20b]

I was just finishing up all these forms to apply for AOS for my wife. I got to the I-765 and started reading the instructions. Now I'm not sure I should even file for this one now or not. Under "Family-Based Nonimmigrant Categories" in the section "K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6)" it states:

 

"File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed."

 

What the hell? Since we are married and we will apply for AOS under the 90 day period from her date of entry into the U.S., they won't renew it later? I'm pretty confused by this. It seems many people apply for the EAD during their initial AOS application. How do you handle that?

 

But going down further under "EAD Applicants who have filed for adjustment of status" under "Adjustment Applicant-©(9)" it states:

 

"File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your form I-485".

 

Is this the work around to the problem in (a)(6) above? Man I'm confused!!!!

[frank1538]

K-1 filers actually have two EAD choices. First, they can file for an EAD immediately (prior to AOS) if they choose, but this EAD can't be renewed. In the alternative, you can file for EAD when you file for AOS. Most people skip the first EAD and just wait until they file for AOS to get the EAD. This EAD can be renewed as needed.

 

If you choose the non renewable EAD, you'll have to re-file fresh when it expires since it can't be renewed. Why bother when you can get a renewal EAD?

[Guest Gene]

You want to file the one with the © (9) if you got the USCIS site and look at the processing date for the National Benifits Center(MSC) you will see that I-765 filed with AOS in © (9) catagory will be completed in a few months the all others listing is about one year out.

[mari]

I'm a bit confused with all this paperwork, if we file the EAD application along with the I-485, should they be sent then to the same address?

[Guest Gene]

Yes

 

And don't forget the $70 for fingerprinting and Biometrics

[msmckee]

I'm a bit confused with all this paperwork, if we file the EAD application along with the I-485, should they be sent then to the same address?

Yes, the Chicago lockbox. We sent our AOS, EAD, AP as separate folders in the same package.

[mari]

Are you talking about the fingerprinting and biometrics done at the POE? Once we send the paperwork to Chicago, what happens next?

[Guest Gene]

I don't know of any fingerprinting or biometrics done at the POE. When we sent in the I-485(AOS) and the I-765(EAD) we sent in $70 for fingerprinting and biometrics. When we recieved the NOA1 for those it gave us instructions to call and make an appointment for fingerprinting and biometrics, we then went to our local USCIS office and had that done.

[frank1538]

Are you talking about the fingerprinting and biometrics done at the POE?  Once we send the paperwork to Chicago, what happens next?

Things may have changed a little since we filed for AOS, but after we filed, we got an I-797 acknowleding receipt and directing us to contact USCIS to schedule biometrics. We had paid a separate fingerprinting fee when we filed. We took the I-797 with us, Jingwen and the kids got their fingerprints done again (they had already gotten it done at the POE when they first arrived), and the I-797 was then stamped with something like "biometrics completed on such and such a date".

[yuehan123]

When I returned to LAX from China last week there were prominent signs stating biometric fingerprint and photo data was required from non-citizens entering at that point. Maybe this is a new requirement since some people went through POE.

[mari]

What is the I-797? When should we get the employment authorizaqtion? Can we get the SSN concurrently? What is required at the Soc. Sec. office?

[warpedbored]

K-1 and K-3 differ as far as the SSN goes. A K-1 is eligible to get a SSN as soon as they enter the US. K-3 must wait until they get an EAD or a green card.

[Dan R]

Now that makes even less sense than the rest of the process. As a spouse and therefor a beneficiary of a SS recipient no matter what the residency a basis for need of the SSN is already established. I wishthey would read their own rules.

[warpedbored]

There is some legal loophole that makes a K-1 eligible to work thus the need for a SSN.

[tywy_99]

What is the I-797?

Good question, mari, but better yet...what's the difference between an I-797 and an I-797C?, and there's a third type of I-797, I was told. Anyone know what it is?...an I-797sol maybe??...