DS-160 do i need it? When should i file i-765?

[hagosrush 2]

hello, I currently have a work permit expiring in oct 2016. my spouse if filing for me now, should we file the i-765 with the other forms or should we wait until the "3 month rule" to ensure everything goes through?

she is filling 485/130 with all accompanying forms

Also, I entered as a visitor and have my I-94 number etc, do I need to file the DS-160 to get the non immigrant visa form?

I currently reside and work in the states

I currently have a social and an already approved work permit with advanced parole

My spouse is a US citizen

[hagosrush 2]

Also, Do i Need form 864a? Were married...its the contract form.

[A'n'L 735]

hello, I currently have a work permit expiring in oct 2016. my spouse if filing for me now, should we file the i-765 with the other forms or should we wait until the "3 month rule" to ensure everything goes through?

she is filling 485/130 with all accompanying forms

Also, I entered as a visitor and have my I-94 number etc, do I need to file the DS-160 to get the non immigrant visa form?

I currently reside and work in the states

I currently have a social and an already approved work permit with advanced parole

My spouse is a US citizen

Your post is confusing! What are you trying to do? Adjust status to obtain green card?

If you entered the US as a visitor, how did you get a work permit? When did you marry? How long have you been in the US?

What "3 month rule" are you referring to?

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~What type of visa are you adjusting from?~

[Transborderwife 4,666]

Confusing indeed

[hagosrush 2]

So my wife is filing the forms I mentioned above for me in an adjustment of status. For a green card.

Do I need to file the I-765 with the I-130/485?

Remember I have a work permit already. I am six months away from expiration. The rule of the I-765 is that you file three months before expiration or they reject it (as per instructions).

Or do i need to wait until three months before My current permit is due to expire?

As I also have an alien number do I need to file the ds-160 which grants a non immigrant visa?

[Transborderwife 4,666]

1. How do you have a work permit?

2. What visa are you adjusting from?

[A'n'L 735]

If you are already in the US, you do not need a visa - so forget about ds160.

Read the AOS guides on this site, there's a lot more to the application than just the forms.

Sounds like you are in an unusual situation, and people in here would certainly like to help, but we need some clarification:

1) How and when did you enter the US (what visa)?

2) How and when did you obtain a work permit?

3) When did you marry?

[hagosrush 2]

If you are already in the US, you do not need a visa - so forget about ds160.

Read the AOS guides on this site, there's a lot more to the application than just the forms.

Sounds like you are in an unusual situation, and people in here would certainly like to help, but we need some clarification:

1) How and when did you enter the US (what visa)?

2) How and when did you obtain a work permit?

3) When did you marry?

Hey,

I do have the guide for spouse and citizen in US saved from this site which brought all of my other questions.

My situation is...unique.

I will begin by stating that I need direction. I understand that I knew less than I thought the more I read.

backstory

I entered the US as a visitor initially supposed to get my green card as a come along (probably the wrong term - my mother came in and I was to follow) but found out that I missed the date by mere months.

- So my mother applied for for me and it was approved. yay! We were given bad advice, my wife and I married which then made me ineligible based upon how we originally filed

- My work permits have been renewed while they deliberated over the case

- finally they denied it

- filed through my wife and found that my passport was never stamped when I came from Canada (nothing uncommon when commenting back and forth from the US to Toronto) and was denied because I could not prove that I came legally

- work permit expired - stopped working

- re-applied for work permit - granted one year with advance parole

- left the country, came back and ensured that I was inspected this time (I went international)

- work permit expires in october 2016

your questions:

1. last time I entered the US was with my work permit and no visa that I am aware of (unless the work permit is a visa?)

2. as mentioned above, I applied for work permit (while in US) in 10/2015

3. Married in 2010

Hope this clarifies.

[KayDeeCee 4,895]

Yes, you file the I-765 with the other forms. You will be filing under a different category, (c )(9 ), and it will be for a new EAD, not a renewal of your current one.

You are filing to adjust status within the US to become a US permanent resident. You are not filing for a visa of any kind. US visas are issued abroad, not within the US. You are filing with the USCIS. You will not be using any DS(Dept. of State) forms.

Follow the I-485 instructions. It tells you what is required. The guide here is helpful too> http://www.visajourney.com/content/i130guide2

[hagosrush 2]

Yes, you file the I-765 with the other forms. You will be filing under a different category, (c )(9 ), and it will be for a new EAD, not a renewal of your current one.

You are filing to adjust status within the US to become a US permanent resident. You are not filing for a visa of any kind. US visas are issued abroad, not within the US. You are filing with the USCIS. You will not be using any DS(Dept. of State) forms.

Follow the I-485 instructions. It tells you what is required. The guide here is helpful too> http://www.visajourney.com/content/i130guide2

Thank you so much.

You guys have truly taken the fear out of filing this for me. Thank you ALL for your help.

I am sure I will have additional questions so I will stay close by

[lazy 19]

Would the I-693 for Medical Exam be needed when I-485 is filed in this case for someone in the USA who is now eligible to fine I-485?

[hagosrush 2]

I had the medical done earlier this year. The guide suggests that it should be done as well.

[Transborderwife 4,666]

Would the I-693 for Medical Exam be needed when I-485 is filed in this case for someone in the USA who is now eligible to fine I-485?

Yes

[KayDeeCee 4,895]

Would the I-693 for Medical Exam be needed when I-485 is filed in this case for someone in the USA who is now eligible to fine I-485?

What is needed for someone adjusting from a K-1 is different than those adjusting from some other visa type. > http://www.visajourney.com/forums/topic/551080-immunizations-ds-3025-or-i-693/