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RandyN

Do we need to file the I-765?

By RandyN in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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RandyN Explorer

RandyN   10

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

We are doing the AOS forms. My wife is retired and doesn't plan to work. Do we need to file the I-765 or can we just file the I-131 and the I-485? If we don't file the I-765, how will that affect her Condition Permanent Resident card (Green Card)?

02/22/2011 - I-129F Mailed to Texas Lockbox
03/02/2011 - Electronic Notice of Acceptance Received
03/02/2011 - Check cashed
03/16/2011 - Received NOA 1
06/02/2011 - RFE
06/12/2011 - RFE returned
06/20/2011 - Received NOA 2
07/08/2011 - NVC Sent to Embassy
08/08/2011 - Packet 3
08/15/2011 - Packet 4
10/21/2011 - Interview - APPROVED
11/16/2011 - POE - Port Huron
12/03/2011 - Marriage!

AOS
12/12/2011 - AOS Packet Mailed
12/14/2011 - AOS Packet Delivered to Chicago Lockbox per USPS
12/19/2011 - Emails received from USCIS for receipt of applications
12/19/2011 - NOA's Receipt date
12/23/2011 - Received biometrics appointment letter
01/10/2012 - Biometrics Appointment
01/11/2012 - Case transferred to California Service Center
02/08/2012 - EAD and AP approval text/email
02/13/2012 - Second email telling us the EAD card is in production (why two?)
02/14/2012 - Email notice telling us that the EAD has been mailed
02/16/2012 - Email notice that USPS picked up the EAD on 2/14/2012
02/16/2012 - EAD and AP Card received
07/19/2012 - Contacted Congressman
07/26/2012 - RFE Text and Email received
10/23/2012 - AOS Approval text
10/27/2012 - Greencard received!

Lifting Conditions

07/22/2014 - Filing Date

07/24/2014 - NOA

08/18/2014 - Biometrics

10/22/2014 - USCIS web site says Approved!

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

You don't need to file it if you don't want to. It's free to file with your AOS if you wish, but won't have any effect if you don't file it.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

As ceadsearc so eloquently stated there is no requirement for it but I would still apply for it. She will be able to get a drivers licence with the EAD plus then AP will come as a "combo card" rather than just a piece of paper. Just one extra form and a couple of extra photocopies & photos. Totally worth it :)

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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RandyN Explorer

RandyN   10

Posted
Filed: AOS (apr) Country: Canada
 Timeline
  • Author
Posted

As ceadsearc so eloquently stated there is no requirement for it but I would still apply for it. She will be able to get a drivers licence with the EAD plus then AP will come as a "combo card" rather than just a piece of paper. Just one extra form and a couple of extra photocopies & photos. Totally worth it :)

One of the worries is that they asked her at her interview if she planned to work and she said "no". don't want to mis-represent...

02/22/2011 - I-129F Mailed to Texas Lockbox
03/02/2011 - Electronic Notice of Acceptance Received
03/02/2011 - Check cashed
03/16/2011 - Received NOA 1
06/02/2011 - RFE
06/12/2011 - RFE returned
06/20/2011 - Received NOA 2
07/08/2011 - NVC Sent to Embassy
08/08/2011 - Packet 3
08/15/2011 - Packet 4
10/21/2011 - Interview - APPROVED
11/16/2011 - POE - Port Huron
12/03/2011 - Marriage!

AOS
12/12/2011 - AOS Packet Mailed
12/14/2011 - AOS Packet Delivered to Chicago Lockbox per USPS
12/19/2011 - Emails received from USCIS for receipt of applications
12/19/2011 - NOA's Receipt date
12/23/2011 - Received biometrics appointment letter
01/10/2012 - Biometrics Appointment
01/11/2012 - Case transferred to California Service Center
02/08/2012 - EAD and AP approval text/email
02/13/2012 - Second email telling us the EAD card is in production (why two?)
02/14/2012 - Email notice telling us that the EAD has been mailed
02/16/2012 - Email notice that USPS picked up the EAD on 2/14/2012
02/16/2012 - EAD and AP Card received
07/19/2012 - Contacted Congressman
07/26/2012 - RFE Text and Email received
10/23/2012 - AOS Approval text
10/27/2012 - Greencard received!

Lifting Conditions

07/22/2014 - Filing Date

07/24/2014 - NOA

08/18/2014 - Biometrics

10/22/2014 - USCIS web site says Approved!

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jojolicious Community Regular

jojolicious   38

Posted
Filed: Citizen (apr) Timeline
Posted

Just because she's authorised to work doesn't mean she must work... it will be her choice. It could come in handy as a form of DHS ID until she gets her GC or to help her to get her state ID/ SSN/ Driver's licence etc.

At the interview (if you get one) they're more concerned with whether or not you are in a bona fide relationship. That being said, I co-sign the previous posts by stating that it's not necessary to file the I-765 but it is usually considered a preference. Good luck! :thumbs:

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

One of the worries is that they asked her at her interview if she planned to work and she said "no". don't want to mis-represent...

Not a problem. She wasn't intending to work. If she changes her mind, she has the right to do so legally (by getting the EAD). If she doesn't want to, she's still allowed the EAD if she wishes - as mentioned, being authorized to work doesn't mean she has to work. It would only really be an issue if she worked illegally and then told USCIS she had not.

It's totally up to you, though, what you wish to do. I suggest (if your wife wants to procure a license while waiting) that you check your state's requirements to see if she will need the EAD in order to get a license while her AOS is pending.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

One of the worries is that they asked her at her interview if she planned to work and she said "no". don't want to mis-represent...

I didn't plan to work right away. I believe I said no as well. I think that question is only so they can tell you that you can't work until you get the EAD etc. They don't actually care if you work or don't work. It's not a misrep because you're ALLOWED to work. You don't have to though.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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