Do I need to pay for these forms?

[bluestone99 0]

My wife and I are waiting on her green card. We sent in her documents applying for AOS but I did not include i-765 and i-131. I am currently preparing those documents but 1 has a $360 filing charge and 1 has a $340 charge. I do not understand the exceptions on whether you have to pay or not. Since I already filed (and paid ) for her AOS documents do I also need to pay for these individual documents? Also, if I do NOT send them in, will she be able to work and travel once her green card arrives?

Thanks in advance!

[Pitaya 2,577]

~~Moved from General Immigration-Related to Family-Based AOS Forum~~

Most folks submit the I-765 (EAD) and I-131 (AP) concurrently with their I-485 (AOS) application, and incur no additional fees. However, you can do a follow-up submission of your EAD and AP applications and incur no additional fees, IF you include a copy of your I-485 NOA1 receipt with the follow-up submission.

She will not be able to work until she has EITHER her EAD or Green Card.

Good luck.

[bluestone99 0]

Thank you. So is the EAD, just a short cut to being able to have a ss# and work? In other words she would have that right regardless once the green card gets in? That is the way I think I am understanding it.

[hmh33 117]

Correct. Similarly, the AP is a "shortcut" to being able to travel outside the US.

[didopage 337]

The EAD and AP are temporary work and travel authorizations while her AOS case is pending adjudication. Once a decision is made on her AOS case (approved or denied), the EAD/AP card is void.

If approved, her green card will be her new proof of work and travel authorization.

Edited July 15, 2013 by didopage

[bluestone99 0]

Thank you very much for the helpful info

[KayDeeCee 4,896]

Just know that the green card approvals are taking a bit longer as of late. Some are waiting almost a year. So, if something comes up in that time and the foreign spouse should need to leave the country, it would be a good idea to already have AP on hand. The EAD can be used to get a drivers license or state ID too. The form fees are waived with a pending I-485, so you might as well file them, but no, they are not required to be filed.

[bluestone99 0]

Just know that the green card approvals are taking a bit longer as of late. Some are waiting almost a year. So, if something comes up in that time and the foreign spouse should need to leave the country, it would be a good idea to already have AP on hand. The EAD can be used to get a drivers license or state ID too. The form fees are waived with a pending I-485, so you might as well file them, but no, they are not required to be filed.

sounds good, thank you. And yes I called to check on her green card a month ago and it sounded like we have at least 6 more months left to wait. We filed in March!

[bluestone99 0]

Is it ok to send i-797c in as proof that we are waiting on the i-485? It says that the application has been recieved and is being reviewed.

[bluestone99 0]

~~Moved from General Immigration-Related to Family-Based AOS Forum~~

Most folks submit the I-765 (EAD) and I-131 (AP) concurrently with their I-485 (AOS) application, and incur no additional fees. However, you can do a follow-up submission of your EAD and AP applications and incur no additional fees, IF you include a copy of your I-485 NOA1 receipt with the follow-up submission.

She will not be able to work until she has EITHER her EAD or Green Card.

Good luck.

Is it ok to send i-797c in as proof that we are waiting on the i-485? It says that the application has been recieved and is being reviewed.

Just know that the green card approvals are taking a bit longer as of late. Some are waiting almost a year. So, if something comes up in that time and the foreign spouse should need to leave the country, it would be a good idea to already have AP on hand. The EAD can be used to get a drivers license or state ID too. The form fees are waived with a pending I-485, so you might as well file them, but no, they are not required to be filed.

Is it ok to send i-797c in as proof that we are waiting on the i-485? It says that the application has been recieved and is being reviewed.

[hmh33 117]

Is it ok to send i-797c in as proof that we are waiting on the i-485? It says that the application has been recieved and is being reviewed.

Yes

Is it ok to send i-797c in as proof that we are waiting on the i-485? It says that the application has been recieved and is being reviewed.

Yes

Is it ok to send i-797c in as proof that we are waiting on the i-485? It says that the application has been recieved and is being reviewed.

Yes

[bluestone99 0]

Yes

Yes

Yes