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arianelstl

Misunderstood procedures for I-485 and didn't file for I-131 or I-765 with our What are my options now?

By arianelstl in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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arianelstl Contributor

arianelstl   2

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Hello everyone, 

 

Due to the answers I got from my previous post, and plain misunderstanding, my husband and I filled for the I-485 without filling for the work and visit permit. We thought we would be charged extra fees and that by the time I would be allowed to work it wouldn't really be worth paying the extra.

 

Correct me if I'm wrong, but I'm starting to think that it really isn't the case....

 

Is it too late to file for the  I-131 or I-765? Will we be charged?

 

If I understand well, if we don't send those forms, I will be able to work/leave the US only once I get my greencard? If so how long can it take? I was told on this site that it would take 6ish months. 

 

I'm trying to find all the answers to my questions online, but it's stressing me out and I can't seem to find exactly what I'm looking for. So thank you a lot for your help! 

 

PS. We got married on October 31st, filled for the I-485 on December 20, and received the NOA 1 on January 17.

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

You can file the I-131 and I-765 with a photocopy of the I-485 NOA1 at no cost.  If you do not file for AP and/or EAD you will not be able to work legally or reenter the USA if you leave until you get a green card which can take 6-12 months, sometimes longer. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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LionessDeon Experienced

LionessDeon   2,060

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted (edited)

:guides:

http://www.visajourney.com/content/k1k3ead

3.

After filing for AOS. If you did not file for your EAD at the same time as filing your AOS packet, you may still apply for an EAD. You will however need proof of having filed for AOS. This is typically in the form of a "notice of action" or physical receipt from the office you filed at stating that they received your AOS packet. You will file as category (c)(9), "adjustment applicant". 

 

I believe you may be able to do the same for AP as well.    Follow AOS guide.  There is no fee.  Send in a photocopy of the NOA1 for the I-485.

 It would have been free if you filed with AOS.  It is in the guides.

Edited by LionessDeon
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Ben&Zian Experienced

Ben&Zian   4,398

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Physical GC's can take a long time. Some people have said up to 2 years even, and with the new Trump immigration working to slow/halt GC production, it could be awhile..... 

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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LionessDeon Experienced

LionessDeon   2,060

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted (edited)

90 days yes.

 

Btw, please update your profile to filing for: "adjustment of status".  That way your posts will go to the correct forum

 

Edited by LionessDeon
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bunkx Explorer

bunkx   25

Posted
Filed: Citizen (apr) Country: Belgium
 Timeline
Posted

Just checking, you did file an I-130 with your I-485 right? Assuming you're filing based on marriage.

N-400 Application for Naturalization

Day    00 - 08/31/20 - Submitted online N-400 application. ROC still pending. Requested combo interview.

Day    01 - 09/01/20 - NOA received online. Status says biometrics appt letter will be sent. (PD 08/31/20)

Day  141 - 01/20/21 - Biometrics reuse letter

Day  233 - 04/22/21 - ROC approved, no news on N-400

Day  288 - 06/18/21 - Interview scheduled

Day  332 - 07/30/21 - Successful interview. No decision yet.

Day 758  - 09/28/22 - Oath ceremony will be scheduled

Day 870 - 01/18/23 - Oath ceremony complete

 

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
1 hour ago, bunkx said:

Just checking, you did file an I-130 with your I-485 right? Assuming you're filing based on marriage.

OP is a K1 entrant it's in the timeline... no i-130 needed.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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bunkx Explorer

bunkx   25

Posted
Filed: Citizen (apr) Country: Belgium
 Timeline
Posted
8 minutes ago, Suss&Camm said:

OP is a K1 entrant it's in the timeline... no i-130 needed.

My bad, didn't see that. :oops:

N-400 Application for Naturalization

Day    00 - 08/31/20 - Submitted online N-400 application. ROC still pending. Requested combo interview.

Day    01 - 09/01/20 - NOA received online. Status says biometrics appt letter will be sent. (PD 08/31/20)

Day  141 - 01/20/21 - Biometrics reuse letter

Day  233 - 04/22/21 - ROC approved, no news on N-400

Day  288 - 06/18/21 - Interview scheduled

Day  332 - 07/30/21 - Successful interview. No decision yet.

Day 758  - 09/28/22 - Oath ceremony will be scheduled

Day 870 - 01/18/23 - Oath ceremony complete

 

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