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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I filed my Adjustment of Status yesterday without knowing that I also needed to file I-765.  My wife has a K1 visa.  Is there anything I can do at this point?  Basically I filed the I-486 and the Affidavit Support only.  Can I send in the I-765 by itself?  Thanks for all of your help!

Filed: Citizen (apr) Country: Spain
Timeline
Posted (edited)

Yes you can send it later, but you need to attach a proof that you filed the I-485, so you don't have to pay the fee.

 

Check this: https://www.uscis.gov/forms/filing-form-i-765-with-other-forms

 

I also recommend you that you file I-131, travel permit

Edited by juancarlos
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
1 hour ago, praisejourney said:

I filed my Adjustment of Status yesterday without knowing that I also needed to file I-765.  My wife has a K1 visa.  Is there anything I can do at this point?  Basically I filed the I-486 and the Affidavit Support only.  Can I send in the I-765 by itself?  Thanks for all of your help!

You should file the I-765 and an I-131........especially the I-131....Just include the NOA1 for the I-485.

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Filed: Citizen (apr) Country: Russia
Timeline
Posted
2 hours ago, juancarlos said:

Yes you can send it later, but you need to attach a proof that you filed the I-485, so you don't have to pay the fee.

 

Check this: https://www.uscis.gov/forms/filing-form-i-765-with-other-forms

 

I also recommend you that you file I-131, travel permit

Note that after October 2nd, the fees for the I-765 (employment authorization) and I-131 (travel permit) will no longer be waived when filed concurrently with (or with evidence of) a pending I-485.

 

And there have been a fair number of reports lately of very long times to NOA1.

 

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

Filed: Citizen (apr) Country: Spain
Timeline
Posted
3 minutes ago, DaveAndAnastasia said:

Note that after October 2nd, the fees for the I-765 (employment authorization) and I-131 (travel permit) will no longer be waived when filed concurrently with (or with evidence of) a pending I-485.

 

And there have been a fair number of reports lately of very long times to NOA1.

 

True! He needs to attach the NOA1 to waive the fees right?

Filed: K-1 Visa Country: Philippines
Timeline
Posted
4 hours ago, juancarlos said:

Yes you can send it later, but you need to attach a proof that you filed the I-485, so you don't have to pay the fee.

 

Check this: https://www.uscis.gov/forms/filing-form-i-765-with-other-forms

 

I also recommend you that you file I-131, travel permit

That is awesome! Thank you for the information!

1 hour ago, juancarlos said:

True! He needs to attach the NOA1 to waive the fees right?

Ohhh okay, so I will wait for the NOA1.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
2 hours ago, juancarlos said:

True! He needs to attach the NOA1 to waive the fees right?

I am just going to take a chance and mail it in and see what happens. I will send the the cashiers check copy and the FedEx tracking number. Hopefully that will work.

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
52 minutes ago, praisejourney said:

I am just going to take a chance and mail it in and see what happens. I will send the the cashiers check copy and the FedEx tracking number. Hopefully that will work.

You need a pending AOS to have the fee waived for EAD/AP. Until your AOS is processed by the lockbox and a case number is assigned, you don't have a pending AOS.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

You guys are amazing!!! I intercepted the package and got it added!!!!!!!! Wow!!!! Gteat thinking!!!

5 hours ago, Jsg2016 said:

You can see if you can intercept it from being delivered

You are so awesome!! I was able to intercept it!!!!!!! Great thinking!!!!!

Filed: AOS (pnd) Country: Australia
Timeline
Posted
5 hours ago, praisejourney said:

You guys are amazing!!! I intercepted the package and got it added!!!!!!!! Wow!!!! Gteat thinking!!!

You are so awesome!! I was able to intercept it!!!!!!! Great thinking!!!!!

Nice one! Glad you were able to do that

Posted (edited)
12 hours ago, DaveAndAnastasia said:

And there have been a fair number of reports lately of very long times to NOA1.

What will matter is when I-485 is filed. See "Table 4: Filing Fee Exemptions" https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-16389.pdf

Look at following part of I-131 row: "Applicants who filed USCIS Form I-485 on or after July  30, 2007, and before [INSERT EFFECTIVE DATE OF THE FINAL RULE] and paid the Form I-485 fee"

Look at following part of I-765 row: "An applicant who filed USCIS Form I-485 on or after July 30, 2007 and before [INSERT EFFECTIVE DATE OF 2018/2019 FEE RULE] and paid the Form I-485 filing fee."

 

Assuming OP files the I-485 before October 2, 2020 and pays the full I-485 fee then all C9 EAD and/or AOS-based AP filings will be free for OP.

11 hours ago, juancarlos said:

True! He needs to attach the NOA1 to waive the fees right?

Yes. Even renewals are free if I-485 is filed before October 2, 2020 and full I-485 fee was paid.

Edited by HRQX
Filed: K-1 Visa Country: Philippines
Timeline
Posted
15 hours ago, Jsg2016 said:

Nice one! Glad you were able to do that

Thanks again for all of your help!!! So excited that we got it in time!

12 hours ago, HRQX said:

What will matter is when I-485 is filed. See "Table 4: Filing Fee Exemptions" https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-16389.pdf

Look at following part of I-131 row: "Applicants who filed USCIS Form I-485 on or after July  30, 2007, and before [INSERT EFFECTIVE DATE OF THE FINAL RULE] and paid the Form I-485 fee"

Look at following part of I-765 row: "An applicant who filed USCIS Form I-485 on or after July 30, 2007 and before [INSERT EFFECTIVE DATE OF 2018/2019 FEE RULE] and paid the Form I-485 filing fee."

 

Assuming OP files the I-485 before October 2, 2020 and pays the full I-485 fee then all C9 EAD and/or AOS-based AP filings will be free for OP.

Yes. Even renewals are free if I-485 is filed before October 2, 2020 and full I-485 fee was paid.

Thanks again HRQX for all of your help!!!

 
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