Apply for I-765 From UK on a K-1 Visa
Jan 9th 2019, 10:13 am
#1
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Apply for I-765 From UK on a K-1 Visa
Hello, Pardon my ignorance. Here's my situation leading to my question.
I am living in the UK and in the final stages of receiving a K-1 Visa (I-129F) which will allow me to move to the US to be married, with the intention of then applying for a green card (I-485)
I have, so far, completed this process without the aid of (expensive) lawyers and so learning as I go, the process and laws.
The next process as I understand it, is once I am granted the K-1 visa, I can move to the US, get married and then apply for the green card and Employment Visa (I-765) together at no additional charge. (I-765 being included in the charge of the green card application)
I also believe that before I am even married, upon going to the US, I can apply for the I-765 separately with the approved K-1 however there seems to be different limitations to how long that will be valid for in comparison to applying with the green card.
I guess my question is, with that in mind, is it possible for me to apply for the employment visa from the UK, potentially prior to getting married, so that I am not jobless in the US for 3-4 months waiting for the employment visa to get approved?
From what I have found, it looks like a whole different process to have gotten married (not on the K-1) and then move over that way, but also looks longer (I-130?)
I am living in the UK and in the final stages of receiving a K-1 Visa (I-129F) which will allow me to move to the US to be married, with the intention of then applying for a green card (I-485)
I have, so far, completed this process without the aid of (expensive) lawyers and so learning as I go, the process and laws.
The next process as I understand it, is once I am granted the K-1 visa, I can move to the US, get married and then apply for the green card and Employment Visa (I-765) together at no additional charge. (I-765 being included in the charge of the green card application)
I also believe that before I am even married, upon going to the US, I can apply for the I-765 separately with the approved K-1 however there seems to be different limitations to how long that will be valid for in comparison to applying with the green card.
I guess my question is, with that in mind, is it possible for me to apply for the employment visa from the UK, potentially prior to getting married, so that I am not jobless in the US for 3-4 months waiting for the employment visa to get approved?
From what I have found, it looks like a whole different process to have gotten married (not on the K-1) and then move over that way, but also looks longer (I-130?)
Jan 9th 2019, 12:10 pm
#2
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Re: Apply for I-765 From UK on a K-1 Visa
Hi and welcome to BE.
The I-765 form does not give you a "work visa". It gives you an "Employment Authorization Document" (EAD).
No, you can't apply for the EAD from outside the USA. The criteria for filing the I-765 is that you must have entered the USA using the K-1 visa.
As a K-1 entry, you are automatically work authorized for your first 90 days in the USA, but the problem is you won't have any proof of it to show potential employers. You can file an I-765 as soon as you arrive in the USA, but it takes longer than 90 days to get the EAD in hand, and would have an expiration date of 90 days after arrival, so that makes it pointless.
The next opportunity to file an I-765 is after marriage, along with your I-485 and other adjustment of status (AOS) paperwork. You are correct, there's no extra fee for that I-765. Again, it takes a bit longer than 90 days to get that EAD in hand. So you are looking at several months where you won't be authorized to work in the USA.
As to your last question, yes, the spouse immigrant visa process is completely different than the K-1 process. You said you are nearly done with your K-1 process, so doesn't make sense to start over now. You can't switch between the two.
Rene
The I-765 form does not give you a "work visa". It gives you an "Employment Authorization Document" (EAD).
No, you can't apply for the EAD from outside the USA. The criteria for filing the I-765 is that you must have entered the USA using the K-1 visa.
As a K-1 entry, you are automatically work authorized for your first 90 days in the USA, but the problem is you won't have any proof of it to show potential employers. You can file an I-765 as soon as you arrive in the USA, but it takes longer than 90 days to get the EAD in hand, and would have an expiration date of 90 days after arrival, so that makes it pointless.
The next opportunity to file an I-765 is after marriage, along with your I-485 and other adjustment of status (AOS) paperwork. You are correct, there's no extra fee for that I-765. Again, it takes a bit longer than 90 days to get that EAD in hand. So you are looking at several months where you won't be authorized to work in the USA.
As to your last question, yes, the spouse immigrant visa process is completely different than the K-1 process. You said you are nearly done with your K-1 process, so doesn't make sense to start over now. You can't switch between the two.
Rene
Jan 9th 2019, 3:22 pm
#3
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Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
Posts: 4,375
Re: Apply for I-765 From UK on a K-1 Visa
Hi and welcome to BE.
The I-765 form does not give you a "work visa". It gives you an "Employment Authorization Document" (EAD).
No, you can't apply for the EAD from outside the USA. The criteria for filing the I-765 is that you must have entered the USA using the K-1 visa.
As a K-1 entry, you are automatically work authorized for your first 90 days in the USA, but the problem is you won't have any proof of it to show potential employers. You can file an I-765 as soon as you arrive in the USA, but it takes longer than 90 days to get the EAD in hand, and would have an expiration date of 90 days after arrival, so that makes it pointless.
The next opportunity to file an I-765 is after marriage, along with your I-485 and other adjustment of status (AOS) paperwork. You are correct, there's no extra fee for that I-765. Again, it takes a bit longer than 90 days to get that EAD in hand. So you are looking at several months where you won't be authorized to work in the USA.
As to your last question, yes, the spouse immigrant visa process is completely different than the K-1 process. You said you are nearly done with your K-1 process, so doesn't make sense to start over now. You can't switch between the two.
Rene
The I-765 form does not give you a "work visa". It gives you an "Employment Authorization Document" (EAD).
No, you can't apply for the EAD from outside the USA. The criteria for filing the I-765 is that you must have entered the USA using the K-1 visa.
As a K-1 entry, you are automatically work authorized for your first 90 days in the USA, but the problem is you won't have any proof of it to show potential employers. You can file an I-765 as soon as you arrive in the USA, but it takes longer than 90 days to get the EAD in hand, and would have an expiration date of 90 days after arrival, so that makes it pointless.
The next opportunity to file an I-765 is after marriage, along with your I-485 and other adjustment of status (AOS) paperwork. You are correct, there's no extra fee for that I-765. Again, it takes a bit longer than 90 days to get that EAD in hand. So you are looking at several months where you won't be authorized to work in the USA.
As to your last question, yes, the spouse immigrant visa process is completely different than the K-1 process. You said you are nearly done with your K-1 process, so doesn't make sense to start over now. You can't switch between the two.
Rene
very comprehensive
Jan 10th 2019, 11:07 am
#4
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Re: Apply for I-765 From UK on a K-1 Visa
Yeah, I had researched most of this and concluded the same, thanks for your response.
Didn't realise how the "work visa" EAD thing worked though. So... slightly different question.
I currently work in the UK with a company that also has a HQ in the US. I do travel to the US site sometimes and do some work there, which I understand is fine because I am provided a WB/WT entry stamp (waiver business / waiver tourist) so I guess my next question is 1 of 2 scenarios
1 - As this stamp is valid for up to 90 days, is it still valid if I entered say on the 50th day with my K1 visa, or does it over ride?
2 - If i'm entering after it has expired with the K1 visa, do they still re-stamp with a WT/WB, do I still need an esta?
I can probably negotiate with my company working remotely for the months that I will be in the US, waiting for my EAD, while still being paid into my UK bank, but wouldn't want to risk my visa status in doing so.
P.S I see you (Noorah101) are located in Phoenix, I'll be (visa pending) moving to Tucson! (which I learnt embarrassingly is not pronounced Tuck-son.)
Didn't realise how the "work visa" EAD thing worked though. So... slightly different question.
I currently work in the UK with a company that also has a HQ in the US. I do travel to the US site sometimes and do some work there, which I understand is fine because I am provided a WB/WT entry stamp (waiver business / waiver tourist) so I guess my next question is 1 of 2 scenarios
1 - As this stamp is valid for up to 90 days, is it still valid if I entered say on the 50th day with my K1 visa, or does it over ride?
2 - If i'm entering after it has expired with the K1 visa, do they still re-stamp with a WT/WB, do I still need an esta?
I can probably negotiate with my company working remotely for the months that I will be in the US, waiting for my EAD, while still being paid into my UK bank, but wouldn't want to risk my visa status in doing so.
P.S I see you (Noorah101) are located in Phoenix, I'll be (visa pending) moving to Tucson! (which I learnt embarrassingly is not pronounced Tuck-son.)
Last edited by adodd81802; Jan 10th 2019 at 11:15 am.
Jan 10th 2019, 11:14 am
#5
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Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
Posts: 4,375
Re: Apply for I-765 From UK on a K-1 Visa
No & no. Your status will be K-1. You'll have a Visa page in your passport and that is how you'll travel and be admitted.
​​​​​You cannot even work remotely if you don't have your EAD. You're in gray area for those first 90 days. Personally I wouldn't put myself in precarious immigration and tax situation.
Sounds like in the end you'll need to transfer to the US branch or find another job as the company will need to pay all your relevant US taxes and abide by US labor laws.
​​​​​You cannot even work remotely if you don't have your EAD. You're in gray area for those first 90 days. Personally I wouldn't put myself in precarious immigration and tax situation.
Sounds like in the end you'll need to transfer to the US branch or find another job as the company will need to pay all your relevant US taxes and abide by US labor laws.
Last edited by tom169; Jan 10th 2019 at 11:17 am.
Jan 10th 2019, 11:31 am
#6
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Re: Apply for I-765 From UK on a K-1 Visa
Damn, hit me with the 2 no's!
It's what I expected to be the case anyway, thanks for confirming. Guess I better get saving!
It's what I expected to be the case anyway, thanks for confirming. Guess I better get saving!
Jan 10th 2019, 12:44 pm
#7
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Location: Phoenix, Arizona
Posts: 58,679
Re: Apply for I-765 From UK on a K-1 Visa
Actually you can work remotely for the UK employer during the first 90 days after entering in the K-1, because you will have work authorization as a K-1 visa holder, and the UK company won't require an I-9 (proof of US work authorization). You can't be on the US branch payroll because they would require an I-9.
Or, you could work for the UK or US branch as a contractor, i.e. self- employed, because you don't require an I-9 for yourself.
How that all works out with taxes, I don't know, but it's legally possible.
Rene
Or, you could work for the UK or US branch as a contractor, i.e. self- employed, because you don't require an I-9 for yourself.
How that all works out with taxes, I don't know, but it's legally possible.
Rene
Jan 10th 2019, 12:47 pm
#8
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Location: Phoenix, Arizona
Posts: 58,679
Re: Apply for I-765 From UK on a K-1 Visa
Tucson is nice, I grew up there and went to U of A. 
Rene
Rene
Jan 10th 2019, 1:48 pm
#9
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Re: Apply for I-765 From UK on a K-1 Visa
Ah OK, so I may still be able to go down that route, thanks!
Jan 10th 2019, 5:02 pm
#10
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Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
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Re: Apply for I-765 From UK on a K-1 Visa
Actually you can work remotely for the UK employer during the first 90 days after entering in the K-1, because you will have work authorization as a K-1 visa holder, and the UK company won't require an I-9 (proof of US work authorization). You can't be on the US branch payroll because they would require an I-9.
Or, you could work for the UK or US branch as a contractor, i.e. self- employed, because you don't require an I-9 for yourself.
How that all works out with taxes, I don't know, but it's legally possible.
Rene
Or, you could work for the UK or US branch as a contractor, i.e. self- employed, because you don't require an I-9 for yourself.
How that all works out with taxes, I don't know, but it's legally possible.
Rene
Jan 10th 2019, 5:46 pm
#11
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Location: Phoenix, Arizona
Posts: 58,679
Re: Apply for I-765 From UK on a K-1 Visa
Rene
