Form I-765

[JeffandNadine 14]

For employment authorization form do I still need to attach marriage license and I-94 forms if they are attached to form I-485 for adjustment of status?

[K1visaHopeful 2,775]

Its form package is a separate filing.

Yes.

[payxibka 10,045]

27 minutes ago, K1visaHopeful said:

Its form package is a separate filing.

Yes.

No.  Proof of marriage is not required .  Proof of i485 filing is 

Edited October 9, 2019 by payxibka

[K1visaHopeful 2,775]

1 hour ago, payxibka said:

No.  Proof of marriage is not required .  Proof of i485 filing is 

The OP did not mention they are not filing concurrently.

I interpreted the question as that they are asking if they need to provide the same documents for each package. So yes a photocopy of the MC for each I485, I765 and I131.

[payxibka 10,045]

2 minutes ago, K1visaHopeful said:

The OP did not mention they are not filing concurrently.

I interpreted the question as that they are asking if they need to provide the same documents for each package. So yes a photocopy of the MC for each I485, I765 and I131.

No.  Concurrent filing or later on filing does not change the evidence requirement.   A careful read of the instructions would indicate that a marriage certificate is not even mentioned.   

 

 

[K1visaHopeful 2,775]

20 minutes ago, payxibka said:

No.  Concurrent filing or later on filing does not change the evidence requirement.   A careful read of the instructions would indicate that a marriage certificate is not even mentioned.   

 

 

I beg to differ.

Like many, I received an RFIE for a MC for both I765 and I131 although I already submitted it.

 

Why is it needed?

Applicants who apply for any form in a new legal married name and provide their Foreign passport bio page, K1 Visa Sticker, I94, I129F Noa2 approval notice (all in the maiden name), need proof of name change.

[payxibka 10,045]

1 hour ago, K1visaHopeful said:

I beg to differ.

Like many, I received an RFIE for a MC for both I765 and I131 although I already submitted it.

 

Why is it needed?

Applicants who apply for any form in a new legal married name and provide their Foreign passport bio page, K1 Visa Sticker, I94, I129F Noa2 approval notice (all in the maiden name), need proof of name change.

So every AOS applicant then is a marriage based name changer?

[K1visaHopeful 2,775]

31 minutes ago, payxibka said:

So every AOS applicant then is a marriage based name changer?

I never said that, I was explaining a reason for needing it. You had said it was not needed for anyone because if you read the instructions carefully it's not mentioned. 

My point is just because it isnt mentioned doesnt mean it isnt needed. There is a rhyme to the reasoning for it, mentioned or not.

An RFIE for the MC isnt always based on the name change issue either. I've seen applicants receive the same RFIE I did with no name change take place.

The remedy is to simply submit it for all forms as a precaution.

[Pitaya 2,577]

As long as we are in the begging to differ mode.

 

I only included one (1) copy of our marriage certificate (no name change) with my wife's (K1) AOS/EAD/AP applications and one (1) copy of our marriage certificate with my stepson's (K2) AOS/EAD/AP applications. Everything was concurrently filed. Everything was approved without any RFEs. They got their EAD/AP combo cards and subsequent GCs without any issues (except for the screwball AOS interview....).

 

I did it that way due to the manner that I interpreted the instructions.

 

YMMV.