About EAD & Green Card interview

[Jasna]

I've been reading through the forum posts and now I got a couple more questions...

I'm a K-1 visa holder and I'm gonna be applying for Employment Authorization along with the Adjustment of Status. I thought that the "joined" fee of 1010$ works only if you apply at the same time, stupid me That's why I haven't applied for the temporary EAD as soon as we got married after I entered the US. Anyways, the category that I'm looking for for the i-765 form (under question #16) is (c)(9), right?

Also, is it a problem if my i-94 is expired? The 90 days ended November 30th. I've never read on the USCIS website or been told by anyone that I gotta apply until the i-94 expires..I really hope I didn't mess this up

Another thing I'm a little confused about..after I send out all of these forms & documents, I know they send me a notice for the biometrics etc. but does my case (K-1 visa - we got married after I got in the US) require an interview later on in the process?

I read people talking bout stuff that "prove" your marriage, like bills, leases, joined bank accounts etc. I've got none of this due to the fact that I'm still not legally allowed to work in the US. How does this work in a case like mine?

Thank you everyone

[nichole]

K1 information

The fee for Adjustment of Status is $1070 (increased November 23). The EAD (I-765) and Advance Parole (I-131) are free if sent with a pending I-485. It does not matter if your I-94 expired as long as you married within the 90 days.

You file EAD with the eligibility (c)(9)

The temporary EAD or applying separately for it and paying the fee (when sent alone) is a waste of time and money. It would take at least 60 days to be granted. And it would only be valid until your 90 days were up (I-94 card.) So if a K1 did that on their first day in the US, they might get the card in 60 days and have only 30 more days left. Then you would have to quit the job. Most people aren't able to apply on day 1, so would get less days to work if any before the I-94 expired.

K1s are required to interview. BUT many receive notice that their case was transfered to the California Service Center for processing, rather than their local office. If that happens, then you won't be expected to go to CSC to interview. They just mail you the card.

You should prepare for an interview anyway because CSC could decide to send the case back for an interview. Use the time you are waiting to get added to you wife's bank account, car insurance, health insurance (if any), pension, apartment lease, utility bills, etc. File joint taxes for the 2010 return. Yes you can do that but that's another complicated story. Take photos together with friends and family. Save Christmas cards mailed to both of you at your address. Do whatever you can to show your money, address, and lives are co-mingled. You don't have to be employed to get your names jointly on things. Stash proofs away in a folder as you get them. Then if you get an interview you'll have a nice collection already gathered.

In two years you'll have to remove conditions on your greencard, so continue to keep that file of proofs going. At that time you will mail those things with the application and they want to see things from the whole two years of your marriage. For right now, you don't mail proofs in, but only provide them at the interview.