USCIS Form I-765 application for Employment Authorization
Form I-765
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Please note: Your fianc‚(e) may enter the United States only one time with a fianc‚(e) visa. If your fianc‚(e) leaves the country before you are married, your fianc‚(e) may not be allowed
back into the United States without a new visa.
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fianc‚(e) classification (K-1) for their fianc‚(e). You and your fianc‚(e) must be free
to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fianc‚(e) in person
within the last two years before filing for the fianc‚(e) visa. This requirement can be waived only if meeting your fianc‚(e) in person would violate long-established customs, or if meeting
your fianc‚(e) would create extreme hardship for you. You and your fianc‚(e) must marry within 90 days of your fianc‚(e) entering the United States.
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Form I-765
Granting of the alien spouses permanent residency or green card, may take many months. In order to work before the green card is granted, she can apply for Employment Authorization.
Employment Authorization and Green Card.
For more information on Form I-765
visit
Form I-765
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The consular section at the embassy or consulate where you, the fiancé(e) of an American citizen, will apply
for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your
visa application, such as where you need to go for the required medical examination. The following is required:
* A passport valid for travel to the United States and with a validity date at least six months beyond
the applicant's intended period of stay in the United States.
* Birth certificate
* Divorce or death certificate of any previous spouse for both the applicant and the petitioner
* Police certificate from all places lived since age 16
* Medical examination (vaccinations are optional, see below)
* Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
* Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
* One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
* Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
* Evidence of a fiancé relationship
* Payment of fees, as explained below.
You may also apply to bring your fianc‚(e)'s unmarried children, who are under age 21, to the United States.
After arriving in the United States, your fianc‚(e) will be eligible to apply for a work permit. (You should note that INS might not be able to process the work permit within the 90-day time
limit for your marriage to take place.) If your fianc‚(e) applies for adjustment to permanent resident status, your fianc‚(e) must re-apply for a new work permit after the marriage.
By law, a fiance(e) petition can only be filed in the United States at an office of the Immigration and Naturalization Service (INS). The petitioner must be a U.S. Citizen.
The fiance(e) petition (Form I-129-F) and two G-325-A biographic information forms. You must fill out completely both the petition and biographic information forms. Your fiance(e) will
be required to present the supporting financial documents at the time of his/her visa interview.
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If your new spouse will apply to become a legal permanent resident while in the U.S. but also plans to travel
outside the U.S. while the application is pending, see Have a Pending Immigration Application?.Beware of Foreign
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