Filling i-485 + i-765 without i-131

[david221g 20]

Hi,

 

I entered the US a few weeks ago on a K-1 Fiance visa, and we just got married in the US.

Now we want to file for the AOS I-485.

 

I spoke to a lawyer and he told me that filling for i-485/765/131 can take longer to process than filling just i-485/765.

I cannot confirm anywhere else that what he said is true, I noticed that everyone here file for all 3 (i-485/765/131) together.

 

I'd also mentioned that I'm in no rush to visit home so I don't really care not filling for AP and just wait on my GC to arrive.

But, working is on a much higher priority to me so I would do anything to expedite the EAD.

 

Can anyone confirm what the lawyer said?

 

Regards,

Dave

 

[david221g 20]

1 minute ago, Dee elle said:

AOS processing time will be 12 to 14 months, EAD and AP if filed concurrently will be around 4 months... Concurrent filing of EAD and AP do not slow down the AOS process... incomplete forms or requests for further evidence can slow down the AOS process and hence delay the EAD and  AP, but not the other way around.

While AP is NOT required, if you don't apply for it, and you have an emergency need to travel, you cant do so without abandoning the AOS... so it is  recommended that you apply for both EAD and AP with the AOS.  You do not need to have any planned travel to do so. 

Hi Dee elle,

 

Thank you for your response.

Let me clear myself- My concern is that the EAD process would get slower in case im filling for EAD+AP.

 

So I can simply my original post to this question-

 

Option 1- File for AOS+EAD

Option 2- File for AOS+EAD+AP

 

Will the EAD come faster in option 1 (which is what the lawyer claims) or would it be the same anyway?

 

[geowrian 22,338]

No, it won't come faster. They will either review both applications together and issue a combo card (most likely), or they will review them independently (so it wouldn't be faster anyway).

[david221g 20]

1 minute ago, Dee elle said:

Cant give you specific answer  from experience, sorry.. thx for clarifying your question.. 

A quick check of the USCIS service centers shows EAD processing times slightly longer ... by about 1 to 2 weeks... than AP processing.. so that reads to me that AP is slightly faster than EAD, not the other way around! 

But they come together as a combo card and we assume USCIS process them concurrently, so doesn't it make sense that filling for just a single application (i.e -i765) is at worst the same processing time as filling

for a combo (765+131)? I'm just thinking out loud here...