Didn't file for EAD and AP with our I-130 and I-485 and a few other questions about them

[Pumpkin 24]

Hi everyone!

 

My husband and I just recently (finally) filed for AOS (concurrent filing of I-130 and I-485 forms). We sent it out on April 12 and it was received on April 24 which was when we received our NOA via text/e-mail on the same day and when our checks were cashed in. Unfortunately, we didn't file the I-131 (AP) and I-765 (EAD) forms. We had assumed that we had to pay $985 (total) for it so we decided to just say: screw it. It's not like we can't afford it, we were just in the mindset of "We can do it later if we need it". But then I read in some forum thread (I think it was here in VJ, not sure) that the filing fees for the AP and EAD is waived when filing I-485?? We didn't know that at all. So to make sure, I read through the instructions for both forms on the USCIS website and saw it there myself. *insert tears of misery here* So basically we screwed ourselves over with that one. But then I read it's possible to still file the AP and EAD (sans the fee) even if we already sent out the I-485.

 

Is this true? Can anyone tell me how I can go about that? Do we just mail the two forms like we did the I-130 and I-485 but without checks for the fees?

 

Also some more questions that I have: 

1.) How long is the "normal" wait time (granted there are no delays) to know whether or not the EAD and AP are approved?

2.) I came here on a B-2 Visa, so I have literally no documents at all I can use to apply for any job (I'm a college graduate in the medical field though). I plan to travel back to my home country when I get the AP card so I can get records (and see family of course) for that before I come back apply for work. But I am curious as to what kinds of jobs everyone here apply for initially and was it easy to apply and get the job?

 

And one question unrelated to EAD/AP:

3.) Since our I-130 and I-485 forms have been received and we also received the NOA, does that mean we did everything right so far and we're in the clear from any possible RFEs? Or can we still possibly get one down the line?

 

Thank to anyone who can help me out with all this. 

[Sarah&Facundo 595]

As far as I am hearing, 3-6 months is the average wait time. We filed the same week you did! 

[Pumpkin 24]

5 minutes ago, Sarah&Facundo said:

As far as I am hearing, 3-6 months is the average wait time. We filed the same week you did! 

Ooh nice! Out of curiosity, did you guys get an appointment date for biometrics already?

Also thank you for clearing that up. I honestly thought EAD/AP would be like, 1-2 months. lol

[Marcelina 246]

About EAD it’s all written in instructions. You apply for one under category (c)(9) as AOS petitioner and about fees and how do do it:

 

“NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007”

 

Its the same for I-131. To form and  needed supporting documents you add a copy of your AOS NOA

 

1) timelines shows now around 4-5 months butbit changes 

2) still waiting for my EAD

3) it means the check/money order was fine and form was signed so they accepted it for further processing but they didn’t reviews it yet, that part will take months

[Pumpkin 24]

5 minutes ago, Marcelina said:

About EAD it’s all written in instructions. You apply for one under category (c)(9) as AOS petitioner and about fees and how do do it:

 

“NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007”

 

Its the same for I-131. To form and  needed supporting documents you add a copy of your AOS NOA

 

1) timelines shows now around 4-5 months butbit changes 

2) still waiting for my EAD

3) it means the check/money order was fine and form was signed so they accepted it for further processing but they didn’t reviews it yet, that part will take months

I really should read the form instructions properly next time. Admittedly, I only read the parts I'm actually looking for. lol But thank you for pasting the exact text here!! That really helps. I'm already in the middle of looking at both EAD and AP forms right now and we'll definitely file them maybe within the week. 

 

Also thank you so much for answering my other questions! 

[Marcelina 246]

Just now, Pumpkin said:

I really should read the form instructions properly next time. Admittedly, I only read the parts I'm actually looking for. lol But thank you for pasting the exact text here!! That really helps. I'm already in the middle of looking at both EAD and AP forms right now and we'll definitely file them maybe within the week. 

 

Also thank you so much for answering my other questions! 

Happy to help bcs recently went through all of that instructions so I remember this being described. There is so many categories listed it’s easy to pass something important or related to you

 

I follow the guides here but I always read instructionstoo, that helped me not to miss something related to my case already 😂

[Sarah&Facundo 595]

8 hours ago, Pumpkin said:

Ooh nice! Out of curiosity, did you guys get an appointment date for biometrics already?

Also thank you for clearing that up. I honestly thought EAD/AP would be like, 1-2 months. lol

Yes, we did

[KeratNY 76]

On 5/7/2018 at 10:49 PM, Sarah&Facundo said:

As far as I am hearing, 3-6 months is the average wait time. We filed the same week you did! 

I agree with that timeline, but if it's helpful it took me 4 months to get EAD/AP recently and many other posters are saying the same thing. So, 4 months is a good estimate. Hopefully you don't get RFE's that would delay that.