i-485 question

12-06-2006, 04:56 PM

I am going to fetch my passport with a k1 visa inside it this week, and
now get to start worrying about work permits etc. Do I apply for the i-
485 together with the i-765 work auth or does work auth come
automatically when i-485 is approved and status adjusted?
THanks

12-06-2006, 05:07 PM

> I am going to fetch my passport with a k1 visa inside it this week,
> and now get to start worrying about work permits etc. Do I apply for
> the i-485 together with the i-765 work auth or does work auth come
> automatically when i-485 is approved and status adjusted?
> THanks

For AOS and work authorization, you'll need to file form I-485 AND I-765
together. It's not automatic. Also, if you want to travel abroad and
return to the USA while waiting for AOS, you'll need to file I-131.

Oops, I just noticed you said "when the I-485 is approved and status
adjusted". Once your I-485 is approved and you become a PR, you won't
need the EAD anymore. But if you want to work while waiting for the I-
485 to process, you'll need to file I-765 along with I-485.

Rene

12-06-2006, 05:37 PM

> For AOS and work authorization, you'll need to file form I-485 AND
> I-765 together. It's not automatic. Also, if you want to travel
> abroad and return to the USA while waiting for AOS, you'll need to
> file I-131.
>
> Oops, I just noticed you said "when the I-485 is approved and status
> adjusted". Once your I-485 is approved and you become a PR, you won't
> need the EAD anymore. But if you want to work while waiting for the
> I-485 to process, you'll need to file I-765 along with I-485.
>
> Rene

Apparantely it is taking 90 days for the AOS in Seattle, WA - which is
where I am headed. If that is true, should I just skip the I765 since it
will take longer....?

12-06-2006, 05:56 PM

> Apparantely it is taking 90 days for the AOS in Seattle, WA - which is
> where I am headed. If that is true, should I just skip the I765 since
> it will take longer....?

It may take only 90 days before you get an interview, but if the
background checks are not yet completed, you could be waiting another
year or more.

Ian

12-06-2006, 06:06 PM

If you dont have a work authorisation right now and want to work
LEGALLY you will need to apply for your work authorisation while your
I-485 is pending and you would submit the papers together. Or if you
intending on NOT working you can wait till your I-485 is approved an
your status is adjusted. Once it is approved you will automatically
have the authorisation to work. Keep in mind times varies from case to
case for approval.
Good Luck
weezy wrote:
> I am going to fetch my passport with a k1 visa inside it this week, and
> now get to start worrying about work permits etc. Do I apply for the i-
> 485 together with the i-765 work auth or does work auth come
> automatically when i-485 is approved and status adjusted?
> THanks
>
> --

12-06-2006, 06:43 PM

> It may take only 90 days before you get an interview, but if the
> background checks are not yet completed, you could be waiting another
> year or more.
>
> Ian

I agree with Ian. It's your choice, but if you skip filing the I-765,
and you don't get approved at your AOS interview, and want to work,
you'll have to file an I-765 and wait an additional 90 days for the EAD
to come in. It all depends on your need to work or not.

Rene

12-06-2006, 09:26 PM

> I agree with Ian. It's your choice, but if you skip filing the I-765,
> and you don't get approved at your AOS interview, and want to work,
> you'll have to file an I-765 and wait an additional 90 days for the
> EAD to come in. It all depends on your need to work or not.
>
> Rene

If it was me I would file it. There are far too many of us here who
thought AoS would be a cakewalk only to get stuck waiting. What I've
learned with CIS is that it's always better to have belt and braces. Its
another $180 but it would definitely buy you peace of mind.