Filing I-485 with the I-765

[patrickhargs 0]

I was just reading the instructions for all the forms we need to file and I am confused about the filing fee for the I-765. In the instructions for the I-485 it states "

NOTE: You may file Form I-765, Application for Employment Authorization, and/or a Form I-131, Application for Travel Document, without fee, if you file Form I-485 and you pay its required fee." On the instructions for the I-765 it states

"If this is a renewal application and you are applying under one of the following categories, a filing fee is

not required:

1.

(a)(8) Citizen of Micronesia, Marshall Islands, or Palau;

2.

(a)(10) Granted Withholding of Deportation;

3.

© , ©(4), or ©(7) Dependent of certain foreign

government, international organization, or NATO personnel;

4.

©(9) or ©(16) Adjustment applicant who applied after

July 30, 2007"

So in the instructions for the I-765 it says the filing fee is not required IF IT IS A RENEWAL APPLICATION, but it does not say that it is not required if it is an initial application. And the instructions for the I-485 don't say that it has to be a renewal application to file without a fee.

So my question is: Since we did not file the I-765 before, do we need to pay the filing fee even if we file it with the I-485?

[Harpa Timsah 13,258]

A I-765 based on a pending I-485 and category C9 is free. Doesn't need to be a renewal. Good luck.

[KayDeeCee 4,893]

http://www.uscis.gov/i-485

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.