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I would like to know if having a K-1 visa and married within the 90 days, could I file I-765 work authorization? I won’t be filing I-130 neither I- 485 at the moment.
6 ANSWERS
If you entered on the K-1 visa and got married why would you not also now file for I-485 to give yourself permanent resident status? You should have employment authorization for the 90 days as part of your K-1 entry but beyond that, you have to file I-485 and with that I-765 to have continued employment authorization. You cannot file I-765 on its own as it needs to have a basis for the filing and that basis for you would be I-485 and nothing else.
Answered on Dec 04th, 2013 at 8:00 PM
Adebola O. Asekun
In this scenario, a Form I-765 request for initial work authorization should only be filed if you concurrently have filed or have pending a Form I-485 adjustment of status application. A K-1 fiancee visa, being in the nonimmigrant category and usually valid for 90 days would probably not suffice in this situation. If you entered the US with a K-1 visa, you must understand the strict limitations placed on your by virtue of your entry in to the US in that status.
Answered on Nov 27th, 2013 at 12:18 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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A waste of money as it would be limited to the 90 day K-1 period and the work permit will take close to 60 days. I recommend you file the I-485/I-765 (and I-131 if eligible) as soon as possible. If you married within 90 days, you do not need the I-130 as the I-129 F petition you previously filed fills this purpose.
Answered on Nov 27th, 2013 at 12:17 PM
Immigration Attorney serving Downey, CA
at
Herrera & Juelle LLP
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In order to apply for a work permit (I-765), you need to qualify under a specific category to prove you are eligible. In your case, once you file the I-130/I-485, you will be eligible to file the I-765 at the same time.
Answered on Nov 27th, 2013 at 12:17 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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You can file for a work permit while you are still in valid K-1 status, but it doesn't make sense to apply for a work permit separately because the work permit is free if you apply for it along with the I-485.
Answered on Nov 27th, 2013 at 12:16 PM
Business/ Commercial Attorney serving Bellevue, WA
at
Lana Kurilova Rich PLLC
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No, you would have to file for employment authorization together with I-130 and I-485. The fact you are now married to a U.S. citizen does not give you an automatic right to the employment authorization. You must adjust status in order to receive employment authorization.
Answered on Nov 27th, 2013 at 11:15 AM