How K visa holders fill out the I-765 form

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The I-765, Application for Employment Authorization, is used to request work privileges in the US while waiting for I-485 Adjustment of Status processing. 

As a Fiance K-1 or K-2 visa holder, you’re eligible to apply for and get the Employment Authorization Document (EAD) card while waiting for the Green Card interview. And if approved, you’re granted work authorization in the US.

In this guide, we’ll look at how to fill out the I-765 form line by line and prepare it for submission. Then we’ll answer some common questions.

Keep in mind that you must have an EAD card or a Green Card before you’re permitted to work for pay in the US. If you take paid employment without a proper work permit, it’s considered “unauthorized work” and grounds for Adjustment of Status denial (INA 245(c)(2) or 245(c)(8)).

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What is the I-765 Process?

First, note that fiance visa holders are eligible to get employment authorization once they enter the US because they fall under the “family-based nonimmigrant category”. 

This means that before you get a decision on your Green Card, you can earn a living during the several months it takes the USCIS to process your application.

Once the USCIS receives your packet, they will review it, ask you to attend a biometrics appointment where you’ll provide fingerprints and a photo, before they finalize your EAD request.

If approved –usually within the span of 2-4 months after submitting your application–  you’ll get the Employment Authorization Document (EAD, known as I-688A, I-688B, or I-766) in the mail.

You can use this EAD card as proof of being legally able to work and proof of identity in the US.

In terms of the filing fee, there are three different payment structures as we’ll see in the next section. 

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When do I submit this form?

Fiance K-1 and K-2 visa holders have three opportunities to get an Employment Authorization Document:

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❒ Option 1 (not recommended): File before the I-485 Application

You can file for the EAD in the first 90 days after arrival into the US before you file the I-485 (even before marriage). This is Category (A)(6) for which fiance K-1 and K-2 visa holders are eligible. But there are two important things to note:

• ● You must pay the processing fee + biometrics fee (currently $495).
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• ● This temporary EAD card is only valid for the duration of your K-1 or K-2 visa (i.e. 90 days). After that you must wait for the next EAD card or a Green Card.

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I don’t recommend this method because it’ll cost you money and it won’t leave you much time to work (less than 90 days).

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❒ Option 2 (recommended): File with the I-485 Adjustment application

(within the same mail packet). This is Category (C)(9), meaning, you can apply for work authorization while adjusting status after marriage. If filed concurrently, the filing fees are waived. This is the recommended path because it’s convenient, has no time restriction, and has zero fees.

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❒ Option 3: File after submitting your I-485 application

anytime but before you get your green card. This is also category (C)(9). There is no filing fee with this either if you show proof of the receipt letter.

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Most fiance visa holders use option # 2 –filing the I-765 concurrently with your I-485 application because it saves money and time.

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How to fill out the I-765, step-by-step

The I-765 form is a 7-page PDF with six different parts. The instructions are 27 pages long with all kinds of details and scenarios… most of which don’t apply to fiance visa holders.

You can complete the form by hand (black ink) or by typing it into a PDF on your computer (recommended) and printing it out. In any case, signatures must be made by hand with “wet ink”. There is no “cover letter” required for this form. 

Before beginning, make sure you download the latest edition date (the “expiration date” is irrelevant) of the form straight from the USCIS website. 

In terms of mailing address: if you mail it with your I-485 packet (option # 2), then package it in the same envelope and send it together to the same address.

However, if you submit your I-765 separately from the I-485 application, then mail this form to the proper address as per the USCIS website.

Lastly, K-2 visa children are eligible to file, however you will first have to consider their age. If they’re relatively young, you won’t need employment authorization to begin with. If they’re old enough to legally work, you may apply for the EAD card.

Now, let’s review the instructions on how to fill out the I-765.

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Part 1. Reason for Applying

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Part 1 is a very simple section with one question: why are you applying for employment authorization?

For K-1 or K-2 visa holders, if it’s the first time you’re applying, select 1A “initial petition to accept employment”. But if you’re getting a replacement or renewal, select 1B or 1C accordingly.

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Part 2. Information about you

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Part 2 is about the person applying for employment authorization. It asks about your biographical details including name, addresses, marital status, and which category you’re filing under.

Question 1a – 1c: enter your current legal name as it appears in your latest official documents. If you’ve gotten your name changed after marriage, put your new married name in this field.

Question 2a – 2c: input your other names used in the past, if any. Again, if you’ve gotten a name change due to marriage, your older name was your maiden name. Or if you’ve had a legal name change in the past, enter those names, too.

For questions 3a – 4c: repeat for any additional entries. If you need more entries, use Part 6, Additional Information.

Question 5a – 6: enter your current US mailing address. “In care of” is anyone authorized to receive mail on your behalf. Leave it blank if you don’t want anyone else to have this authority. For 5b – 5f, enter your street number and name, apartment, suite, floor, city or town, US state, and then zip code. For question 6, select “yes” or “no” to indicate if this mailing address is the same as your physical address. Your EAD, if approved, will be mailed to the address in question 5a – 5f.

Question 7a – 7d: if you answered “no” to question 6, then enter your actual physical address here. For most people, this doesn’t apply unless you use a PO mailbox or receive mail at a different location.

“Other information”

For question 8, enter your Alien Registration Number. All K-1 and K-2 visa holders have an A#. Look back at your I-129F approval letter (I-797) or other correspondence from the DHS and you can find it. 

In question 9, enter your USCIS online account number, if any. Most K visa holders don’t have this. But if you do, enter it here.

For questions 10 – 11: select gender and marital status. For K visa adjustment of status applicants, select “married”. For minor K-2 visa holders, select “single”.

In question 12, indicate if you’ve ever applied for a previous I-765. Most fiance visa couples have not. But sometimes you may have. For instance, if your partner was in the US earlier on a work-related visa, he/she may have filed for work permission before.

In question 13a, Select “yes” or “no” to indicate if you have a Social Security Number OR have applied for one. If you have, write the SSN in question 13b. 

If you don’t currently have a SSN and want to get yours for the first time, select “yes” on question 14. Fiance visa holders are allowed to get their Social Security numbers before or after marriage. I recommend getting it right after marriage on your own with the SSA because it makes things a lot easier. (see my entire guide on how to get a social security card for K visa holders).

But if you select “yes”, then you must also consent for disclosure in question 15. If you’re requesting a SSN with this form, provide your parent’s information. Provide father’s and mother’s name in questions 16a – 17b. If you already have a SSN, skip questions 14 – 17b altogether.

In question 18, provide your current nationality. If you’re a dual citizen of any country(ies), list them all. If you need more space, use Part 6. 

For question 19a – 19c, provide your place of birth: city, town, village, state, province, and country. And in question 20, enter your date of birth in the proper format.

“Information about your last Arrival into the United States”

In question 21, enter the I-94 number given when you entered with a K-1 or K-2 visa. If you didn’t get a stamped version, then the CBP has your number on their website. For question 21b – 22, enter the passport number you used to enter the US. If you used a travel document instead of a passport, enter that number. List which country issued your passport. Provide the expiration date of this passport or travel document. Write the date you actually entered the US at a POE with your K visa. Finally, write the place you entered the US (Port of Entry). If you don’t remember the exact date, you can give your best guess.

For question 24, list your immigration status at your last arrival. Yours will be a “K-1 visa” or “K-2 visa”. For question 25, repeat “K-1” or “K-2 visa” because your status hasn’t changed since you arrived into the US. Leave question 26 blank because it doesn’t apply to you (only applies to student and exchange visitors).

In question 27, fiance visa holders have two choices: either enter (c)(9) or (a)(6). We’ve discussed the difference in the section above. If you’re applying for the EAD in the first 90 days (before marriage), then you enter (a)(6). Most people will NOT use this category because it’s really impractical for K visa holders. I don’t recommend that you apply for an EAD before marriage. Instead, I recommend you submit the I-765 only when you’re married and applying together with the form I-485. In which case, you will use category (c)(9). *Please note that you may also list (c)(9)(p) as the category if you’re filing the I-131, Advance Parole Document, concurrently with the I-485 and I-765.

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Questions 28a – 28c don’t apply to K visa recipients; leave them blank. It’s asking for another eligibility category: STEM OPT. In which case, you’d provide the degree, employer’s name as listed in E-verify, and their company identification number.

Question 30 doesn’t apply; leave it blank. It asks for criminal history or arrest records for another eligibility category.

Questions 31a – 31b don’t apply either; leave them blank. These questions ask about another eligibility category based upon an approved I-140.

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Part 3. Applicant’s statement, contact information…

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The short section of Part 3 asks you to verify you’re filing the I-765 with your understanding and to provide your contact information. Sign and date this form in ink.

Questions 1a – 2 inquires whether you understand all the questions on your own or if you used an interpreter to read the questions to you. Select the appropriate response. If you had someone prepare the paperwork, check the box for 2. 

Next, provide your contact information in the fields for questions 3  – 5. Type in your phone number and email address. Select box number six if you qualify for the ABC settlement agreement.

Read the declaration and certification before you sign and date the field in 7a – 7b. 

This should be a black-ink handwritten wet signature; it cannot be typed in a computer. But a photocopy, fax, or scan of the original document containing the signature is acceptable.

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Part 4. Interpreter’s contact information

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An interpreter is anyone who reads and translates the questions on the form to you. He/she doesn’t necessarily have to be certified, accredited, or have any particular credentials. Any competent family, friend, or hired professional may be an interpreter.  If you used one, fill out the questions in this part.

In questions 1a – 2: provide the interpreter’s name and business or organization (if any).

Provide their mailing address in question 3a – 3h, including: street name and number, apartment, city or town, state, ZIP code, province, postal code, and country as applicable.

Type in this interpreter’s telephone number and email address (if any) within the fields of questions 4 – 6.  The interpreter must provide the language in which he/she translated the form to you. Then sign the form and date it in question 7a – 7b.

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Part 5. Contact information… of the person preparing this application

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Similar to an interpreter, a preparer is anyone who prepares the application for you. They may fill out answers, compile your paperwork, and assist you in organizing your documents. A preparer can be anyone — family, friend, or hired professional without any specific credentials. 

For questions 1a – 2: enter this preparer’s name and business / organization (if any).

In questions 3a – 3h: provide the mailing address: street name, number, city or town, state, ZIP code, province, postal code, and country.

List the contact telephone number email address in questions 4 – 6.

In question 7, the preparer ticks one box to indicate whether he/she is an accredited attorney or representative or not. The preparer will sign and date the form in question 8a – 8b.

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Part 6. Additional information

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Part 6 is additional information where you can freely write explanations, additional entries, or clarifications to any question. Your name and A# will auto populate.

Entries 3 – 7: Write the page number, part number, and item number of the question you’re referring to. You can use Part 6 for the following reasons:

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● Additional entries – if you ran out of space in the form.

● Write full details if there wasn’t enough physical space in the I-765 form

● Explain things or write statements for things that need clarifications

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Realize that it’s not necessary to write details in Part 6. If you prefer, you are allowed to write information on a separate sheet of paper.

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A completed I-765 example

Click below to download a completed sample of the I-765 for fiance visa holders. 

We have Ana Doe in a generic situation. She’s from Brazil and applying for Employment Authorization after marriage to her US citizen partner. 

With her I-485 application, she files under the (c)(9) category in the I-765. 

You can use her example form to compare with your own. 

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Download the I-765 Sample

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In addition, it’s helpful to look at page 20 of the I-765 instructions for a checklist of what’s required as supporting documents for K visa holders. Submit copies of:

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• ● Proof of admission (I-94 paper or online version printout)
• ● Passport page
• ● K visa photocopy
• ● Two identical and recent passport-style photographs. Write your A # and name on the back of each.
• ● A copy of your original EAD card if you’re requesting a replacement

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Don’t send originals unless they specifically ask. If any document is non-English, it must be translated.

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What happens after you submit it?

The process after you send your I-765 is the same whether you do it before, with or after filing the I-485.

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If mailed before I-485…

You prepare the paperwork and submit it along with the fee. You get a receipt letter from the USCIS acknowledging your request. You can then track your case status using “case status online”. You may be called for a biometrics appointment to submit fingerprints and a photograph. Following approval, you will get the EAD card in the mail. The total timeline is anywhere from 4 weeks to 5 months. Check the timetables at the USCIS Processing times.
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If mailed with or after the I-485…

the procedure is similar. Prepare the I-765 and submit it along with your I-485 (or after). You may be scheduled for a biometrics appointment to show up at a local Application Support Center (ASC) and submit your fingerprints, photos, and signature. You can track your status at the USCIS website. If approved, you get the Employment Authorization Card, form I-766 . The timeline is the same as before — K visa holders can expect to wait 4 weeks to 5 months for their first Employment Authorization Document (EAD) or “combo card”. 

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Regardless of when you submit your form, once approved the USCIS sends you an electronic notification (if you set one up). Then they mail you the approval letter along with your new EAD card . If you applied for Advance Parole (I-131) then your card will be a combination of EAD/AP (a “combo card” with the annotation “Serves as I-512 Advance Parole”).

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Common questions and answers

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How long does the I-765 take to process?

The USCIS has a backlog of hundreds of thousands of I-765s. They strive to get a “uniform processing time goal” for EAD cards in less than 90 days. However, it turns out that they adjudicate 50% within 90 days and the remainder in less than 180 days. Meaning, most people will receive their EAD decisions before 3-6 months. For fiance K-1 and K-2 visa holders, it’s a similar timeframe (sometimes quicker at 2-4 months). According to statistics, the Adjustment of Status category (c)(9) accounts for 30% of all I-765 applications. In addition, the I-765 request for work permit is the single most biggest category of applications that the USCIS receives every year.

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When does the I-765 expire? Can I get a replacement? 

For K visa holders, the first EAD card is valid for 1 year. The USCIS believes they will adjudicate your I-485 within that timeframe and you won’t need an extension for your I-766. 

However, in case they are still reviewing your green card application by the time your EAD expires, the USCIS will automatically extend your EAD for another 6 months (category (c)(9)). They repeat this every 6 months, until you get a Green Card (I-551)… at which point, the EAD is void and no longer needed.

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Can an I-765 work permit be denied?

Yes, on rare occasions it is denied. This may happen if you’ve got some sort of criminal record or inadmissibility. The USCIS will describe the details.

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Can I volunteer while waiting? 

Yes, unpaid work is allowed while you wait for your EAD card. In fact, even if you decide not to apply for work authorization, you can still participate in unpaid volunteer work.

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Can I work remotely even if I don’t have an EAD?

What if the K visa holder had a computer-based online job that they can easily continue after coming to the US? Is work in a foreign country counted as “working” in the US? Well, that’s a tough question to answer. There’s no direct answer from the USCIS on this matter. However, from what I’ve gathered over the years, working remotely falls in a gray area and is NOT recommended before you get your EAD or Green Card. It’s possible that the USCIS may consider your online job “unauthorized work”. (Let’s discuss this below). 

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What if there’s a problem or mistake with my EAD card?

Sometimes the USCIS makes errors with the production of your card: name, date of birth, address, gender, even a photograph. In those situations, the USCIS instructs you to inform them immediately so they can fix the error if it was a “service error”. 

However, if you made the mistake during filling, then you must refile the entire I-765 packet. There will be no special expedite or filing privilege for this and there will be no fee waiver.

Secondly, there may be issues with delivery by the USPS. Most EAD card deliveries are made without a problem, but some may be lost, misdelivered or returned as undeliverable. In those cases, you must reach out to the USCIS and keep them up to date on your address changes.