Fees for I-765 and I-131

[ghunt2121 1]

I am about to file the AOS package for my K1 wife and her two (K2) children.

And just in case it matters, we were married within the 90 days, but are several months beyond that 90 days (and visa expiry as well).

If you don't want to read all the details below, the basic question is, "Do I have to pay the fees for I-131 and.or for I-765 when I am filing them along with I-485 and paying the

1. It appears that the normal fee ($360) for the I-131 (Permission to work) is not required when )or after) filing the I-485.

I say this based on the current I-131 instructions posted on the USCIS site, page 8

Does anyone thing that I am incorrect in this belief? (it means $1,080 I don't have to spend!)

2. The next one is not as clear. It appears that the normal fee ($380) for the I-765 (Early/Advanced Parole for a K1/K2) is also not required when (or after) filing the I-485. This according to a statement, not in the I-765 instructions, but rather on the USCIS site itself; the page about I-765:

USCIS I-765 Page

Under the section titled "Special Instructions" it says:

"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 together with your I-485,..."

On the other hand, in the PDF instructions from the USCIS site there is a list of reasons/exceptions when you do NOT have to pay the fee, and indeed the "©(9)" category, which is K1/K2, does not have to pay the fee if it is a "RENEWAL EAD". Well, it's not a renewal. It's the first time. So that makes it seem that I DO have to pay it.

Can anyone sort this out for me? If I'm paying the $1,070+ for each I-485, do I also have to pay the $380 for each I-765?

And while I'm at it, just to confirm, I have to pay the $1,070 for EACH of the three people involved (my wife and her two children), right?

I must be being a bit dense about this.... so thanks for your patience.

Edited April 5, 2012 by ghunt2121

[kcoyclay1 98]

There is no additional cost for I-765 and I-131. Wife's AOS is $1070. If kids are under 14, the cost is $635 each when filing with wife. Read the instructions on the USCIS website to get the correct information. It's not complicated. All the best in your visa journey & marriage

Edited April 5, 2012 by kcoyclay1

[VanessaTony 3,567]

Yes fees for I-765 and I-131 are waived.

The fees for AOS are addressed on the page where the I-485 forms and instructions are here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD look under "special instructions".

[ghunt2121 1]

Yes fees for I-765 and I-131 are waived.

The fees for AOS are addressed on the page where the I-485 forms and instructions are here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD look under "special instructions".

Thank you all so very, very much. What a HUGE relief!