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Dory

Re-submission of I-765 after rejection

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Filed: AOS (pnd) Country: Turkey
Timeline

Some time ago we submitted a big package of our I-485 + I-131 + I-765 along with the $1225 concurrent filing fee. We are filing for a marriage-based AOS, she entered the country on an F-1, got an OPT, but currently has no visa status and are just waiting for our application to go through.

 

After months we finally heard back that the I-485 and I-131 were proceeding along, but the I-765 was rejected for (1) "incorrect filing fee" -- which seems wrong to me since but ok, and (2) for "being an outdated I-765 form" -- apparently the form we downloaded was still valid when we started putting our package together, but then stopped being accepted by the time we submitted... *urgh* whatever. 

 

Now we are going to resubmit the I-765 and were wondering a few things:

 

  • Will we need to include a pile of supporting documents for this submission even though all the relevant supporting docs were in our original I-485 package?

 

  • Will we need to include a $410 check since we are filing this I-765 by itself, or should the original $1225 in our I-485 still cover this re-submission (I know this is wishful thing).

 

  • Our eligibility category is (c)(9) I believe. Does this sound right based on our situation?

 

Thanks for any help, hope to get this over and done with...

A.O.S. Process 🤷‍♀️ 📑 🤷‍♂️

May 13th, 2020 - Turkish immigrant within the U.S. married to U.S. citizen 

June 28th, 2020 - I-130 Submitted Electronically

June 30th, 2020 - I-130 Receipt Notice Received

June 30th, 2020 - "I-485 + I-765 + I-131 Package" Submitted by Mail

July 2nd, 2020 - "I-485 + I-765 + I-131 Package" Delivered to Chicago Lockbox

August 5th, 2020 - Opened case through USCIS helpline about lack of any receipt notifications

August 7th, 2020 - I-485 + I-131 forms were officially "received" by USCIS (36 days after arrival!!! 🤯

August 6-13th, 2020 - "I-485 + I-765 + I-131 Package" Money Order Cashed at Some Point...

August 13th, 2020 - I-485 + I-131 Text Message Receipt Notices Received

September 12th, 2020 - I-765 Rejection Notice Received by Mail (Notice date August 3rd)

October 9th, 2020 - Resubmitted I-765 Received

January 13th, 2021 - I-131/ I-765 Expedite Request Received

January 21st, 2021 - I-130 Approval Notice

January 24th, 2021 - I-130 sent to Department of State [NVC]

February 11th, 2021 - Completed Biometrics Appointment 🙌

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Just submit the noa receipt for i485 when you resubmit the i765 to avoid paying the filing fee. The filing category is correct just resubmit the supporting documents for the form.

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