Americanwife

hello!
I arrived couple of days ago to the US, i am K-3 visa holder.
Our I-130 was not approved yet by Texas center.
My question is, do i have to file I-485 for AOS regardless the fact of -130 not being approved yet.?
Also, do i need to file for emplyment authorization?If yes, where the forms should be sent to?
Thank you.

CalgaryAMC

You must find out if your local office will accept an I-485 without an already approved I-130. The only way to do this - unless someone on here happens to know your local office's policy - is to show up in person at your local office and ask. The misinformation line will inform you that you cannot file an I-485 without an approved I-130. Some local offices clearly think differently.

You may file an I-765 application for employment authorization concurrently with your I-485 to your local office. If you do not want, or are not permitted, to file for an I-485 yet because your I-130 is not being approved, then you may file the I-765 by itself to the address indicated in the instructions, which are here: http://uscis.gov/graphics/formsfee/forms/i-765.htm

tenni

Hi! Welcome to the states! There has been many discussions about whether you can file for 485 w/o an approved 130. Some service centers seem to be allowing this, and some aren't. If you try to file, they will take your money regardless. Check out this thread:

http://britishexpats.com/forum/showt...t=AOS+130+file

Yes, you'll need to file for employment. The form you'll need is the I765. I created a timeline website for your reference:

http://mediabrew.com/k3/ead_list.php

After you file, you'll most likely be going in 90 days later to get an interim work permit.

Good luck!!
Tenni

Noorah101

Just wanted to say Hooray! You made it! Welcome to the USA!

Best Wishes,
Rene

jeffreyhy

Aw,

You do not have to file I-485 and adjust status ever. However, if you do want to adjust status, you need to find out if your local District or Sub office will accept an I-485 application prior to approval of the I-130.

You do not need to apply for employment authorization. Unless you want to work or get a Social Security card. If you do want to apply for EA, you can send the I-765 application to the National Benefits Center prior to applying for AOS or to your local District or Sub office if you apply with or after applying for AOS.

Regards, JEff