Questions about I-765 and I-131

[hollyvan 0]

Hello everyone, I am in US right now and preparing for filing I-130 and I-485.

1)

While I was reading the instructions for Form I-485, I realize there is no filing fee for I-765 and I-131 if I file together with I-485.

Is it mean I have to file the I-765 and I-131 at the same time with the I-485 if I want to waive the filing fee？ And I file these two forms sometime later after I file the I-485 then I have to pay fees for them?

Because I want to go back home early next year and can't decide when but in the form I-131 I need to file in the date I planning to travel.

2）

My status have expired and I applied the I-131 travel back to my home country, is it possible I will be deny of entry when I go back to US?

My husband and our 3 month son are US citizen, will this kind of situation give me some immunity?

3)

If I file I-765 together with I-485 and I-130,the EAD will comes before the Green Card, right ?

normally how long will I get the EAD ?

If I get the EAD can I apply for the Driver License, SSN ?

[bigdog 376]

If you file as married, when you get approval your visa will have a I551 stamp in it, You can work on a green card and get a social and drivers license. It appears you have two tracks of forms listed on the forum, one for K-1 and other for ir-cr1? Fill in your time line and you can get more complete advice. If you have a GC you do not need a EAD or AP.

[Ban Hammer 13,570]

what visa did you arrive under? your timeline states you are ir1/cr1 - another member has indicated you are adjusting from a student visa. depending upon which it is depends upon which forum your thread should be in.

eta:

Edited October 19, 2012 by charles!

[hollyvan 0]

I am in US right now under F-1 visa, and applying for green card and adjustment of status.

I will file the application as married.

My status is expired right now, so is my driver license.

I think it might takes more than 6 months to get the Green Card.

So if I apply for EAD together, the EAD will comes earlier than the GC, then I will able to apply for the Driver License.

And I also have the question about the I-131 as posted above.

[Ryan H 3,834]

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

[akihon 129]

1) While I was reading the instructions for Form I-485, I realize there is no filing fee for I-765 and I-131 if I file together with I-485.

Is it mean I have to file the I-765 and I-131 at the same time with the I-485 if I want to waive the filing fee？ And I file these two forms sometime later after I file the I-485 then I have to pay fees for them?

Because I want to go back home early next year and can't decide when but in the form I-131 I need to file in the date I planning to travel.

2）My status have expired and I applied the I-131 travel back to my home country, is it possible I will be deny of entry when I go back to US?

My husband and our 3 month son are US citizen, will this kind of situation give me some immunity?

3) If I file I-765 together with I-485 and I-130,the EAD will comes before the Green Card, right ?

normally how long will I get the EAD ?

If I get the EAD can I apply for the Driver License, SSN ?

1. No you do not have to file the forms at the same time as the I-485 to waive the fee. As long as you include the NOA for your I-485 with the applications for I-765 and I-131, you waive the fee because you're showing that you did apply to adjust status and that the 131 and 765 fees are waived with it.

2. You never have immunity. The I-131 allows you to travel outside the US while your petition for AoS is pending, but USCIS never guarantees your reentry. You shouldn't have an issue though, using your I-131 Advance Parole to reenter. You are 99% guaranteed to be let in.

3. Yes the EAD comes before the GC. It varies across different cases. Some have it quick, others don't. Your EAD and AP (I-131) comes as a combo card if you applied for both with your I-485 application. Yes you can apply for a driver's license and SSN with your EAD.

Edited October 22, 2012 by akihon

[hollyvan 0]

1. No you do not have to file the forms at the same time as the I-485 to waive the fee. As long as you include the NOA for your I-485 with the applications for I-765 and I-131, you waive the fee because you're showing that you did apply to adjust status and that the 131 and 765 fees are waived with it.

2. You never have immunity. The I-131 allows you to travel outside the US while your petition for AoS is pending, but USCIS never guarantees your reentry. You shouldn't have an issue though, using your I-131 Advance Parole to reenter. You are 99% guaranteed to be let in.

3. Yes the EAD comes before the GC. It varies across different cases. Some have it quick, others don't. Your EAD and AP (I-131) comes as a combo card if you applied for both with your I-485 application. Yes you can apply for a driver's license and SSN with your EAD.

Thank you for your reply.

Just want to make sure, for the second question, did you mean even my status is expired,with AP I still don't have an issue when entry US and it is 99% guaranteed?

And I have another question, the I-765 needs the information of previous EAD, such as which USCIS office and when did I filed the last EAD application.

I have applied EAD when I graduated from school, it is called OPT.

I couldn't remember when and which USCIS office did I file the application.

If I just fill in "I forget" in these two spaces, will the USCIS deny my application for the EAD?

[akihon 129]

Thank you for your reply.

Just want to make sure, for the second question, did you mean even my status is expired,with AP I still don't have an issue when entry US and it is 99% guaranteed?

And I have another question, the I-765 needs the information of previous EAD, such as which USCIS office and when did I filed the last EAD application.

I have applied EAD when I graduated from school, it is called OPT.

I couldn't remember when and which USCIS office did I file the application.

If I just fill in "I forget" in these two spaces, will the USCIS deny my application for the EAD?

as far as my understanding goes, your status during AoS is pending, not expired. You should be fine using AP, but SOMEBODY PLEASE CORRECT ME IF I'M WRONG.

I applied for OPT as well. Not sure about the USCIS office, but all the other information should be on your old EAD for OPT. Just put your start date as when you applied.

Edited October 23, 2012 by akihon

[hollyvan 0]

as far as my understanding goes, your status during AoS is pending, not expired. You should be fine using AP, but SOMEBODY PLEASE CORRECT ME IF I'M WRONG.

I applied for OPT as well. Not sure about the USCIS office, but all the other information should be on your old EAD for OPT. Just put your start date as when you applied.

Thank you.

What does AoS mean?

I didn't file the application for I-130 and I-485 yet.

I see your timeline. Your application only takes 85 days, that's really fast!! I hope mine won't take very long.

In your I-765 did you just tell them you not sure about the USCIS office and they issue you the new EAD?

[hollyvan 0]

My F-1 visa was expired before I apply for Green Card.

I haven't submit the application for I-130 and I-485 yet.

Right now, my status is F-1 visa expired.

So I am wondering If I travel with AP before the GC arrived, will I be banned?

[akihon 129]

Thank you.

What does AoS mean?

I didn't file the application for I-130 and I-485 yet.

I see your timeline. Your application only takes 85 days, that's really fast!! I hope mine won't take very long.

In your I-765 did you just tell them you not sure about the USCIS office and they issue you the new EAD?

AoS is Adjustment of Status - your I-485.

I did not file for I-765 because I'm already working under H-1B.