I-765 and I-130 questions

[hilly_522 0]

My husband is french and we are sending our applications I-130 and I-465 in a month. He is a PHd student, but MIGHT intern with an oil company (be employed) and we MIGHT go to france next summer for three months. Since all of this up in the air, can we apply for the rights to work/travel, AFTER we submit our green card application? I.E, when we have more details?

Thanks!

[Hypnos 6,578]

You can apply for travel (I-131) and work (I-765) authorisation at any point in the processing, either concurrently with the I-130 and I-485 or at any point after, right up until the green card is approved.

That doesn't mean you will receive them before the green card, but you can apply.

Since there is literally no downside to applying for them at the time of initial application then you should strongly consider filing everything in one package. The only issue would be if your husband had at least 180 days of overstay which would mean he would be unable to return to the US if he left, even with AP.

Edited August 21, 2012 by Hypnos

[pushbrk 13,123]

My husband is french and we are sending our applications I-130 and I-465 in a month. He is a PHd student, but MIGHT intern with an oil company (be employed) and we MIGHT go to france next summer for three months. Since all of this up in the air, can we apply for the rights to work/travel, AFTER we submit our green card application? I.E, when we have more details?

Thanks!

File the I-130, 485, 765 and 131 together, concurrently. Work authorization and advance parole should not take more than three months. If you wait to file the I-765 and I-131 until later, that's fine but you will avoid the fees for those by filing all at the same time.

This is an adjustment of status question and case, not CR1 visa.

[Hypnos 6,578]

You avoid the fees regardless of when you file.

[pushbrk 13,123]

You avoid the fees regardless of when you file.

If you do not file the I-765 and I-131 concurrently with the I-485 you pay $360 to file the I-131 and $465 to file the I-765. Or, you can avoid the extra fees by including a receipt for having previously filed the I-485.

Edited August 22, 2012 by pushbrk

[Ryan H 3,834]

This is an adjustment of status question and case, not CR1 visa.

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas for reason stated above.

[Hypnos 6,578]

As I said, there is no fee for filing an I-131 and / or an I-765 subsequent to an I-485. You simply need to enclose a copy of the NOA for your I-485 as proof of having filed it.

Edited August 22, 2012 by Hypnos

[pushbrk 13,123]

As I said, there is no fee for filing an I-131 and / or an I-765 subsequent to an I-485. You simply need to enclose a copy of the NOA for your I-485 as proof of having filed it.

Right, but they haven't sent anything yet. Send it all at once.