question - I-485 and I-765 concurrent filing w/ rule changes

[ak5285 20]

So, we just got our AOS packet back after a month due to a couple errors on our end. We sent it the first time on Sept. 9, and between then and now there have been tons of changes with fees, forms needed, etc. One of those changes is that we now have to send the I-765 to Phoenix, rather than Chicago. The I-485 still goes to Chicago.

 

My question is, how can we file these concurrently if they're going to different places? It says that you don't have to pay the fee for the 765 if you file it together with the 485. Or, to file the 765 afterward, you must have proof that your 485 is pending (so that would be the I-797). I also read somewhere that they have debundled the fees, so people actually do have to pay both fees now... but the instructions on the 765 still say that you can be exempt from the filing fee if you've filed your 485.

 

Is there a way we can file these forms at the same time? Or do we need to file the 485, wait for the 797, and THEN file the 765 after that for the fee to be waived? Or do we have to pay full fee for both forms now..?

[ak5285 20]

13 minutes ago, ak5285 said:

So, we just got our AOS packet back after a month due to a couple errors on our end. We sent it the first time on Sept. 9, and between then and now there have been tons of changes with fees, forms needed, etc. One of those changes is that we now have to send the I-765 to Phoenix, rather than Chicago. The I-485 still goes to Chicago.

 

My question is, how can we file these concurrently if they're going to different places? It says that you don't have to pay the fee for the 765 if you file it together with the 485. Or, to file the 765 afterward, you must have proof that your 485 is pending (so that would be the I-797). I also read somewhere that they have debundled the fees, so people actually do have to pay both fees now... but the instructions on the 765 still say that you can be exempt from the filing fee if you've filed your 485.

 

Is there a way we can file these forms at the same time? Or do we need to file the 485, wait for the 797, and THEN file the 765 after that for the fee to be waived? Or do we have to pay full fee for both forms now..?

I also should probably ask - are the old fees still in place since they blocked the changes? And do we still have to pay the biometric service fee plus filing fee? I'm so confused.

[mushroomspore 3,044]

1 hour ago, ak5285 said:

So, we just got our AOS packet back after a month due to a couple errors on our end. We sent it the first time on Sept. 9, and between then and now there have been tons of changes with fees, forms needed, etc. One of those changes is that we now have to send the I-765 to Phoenix, rather than Chicago. The I-485 still goes to Chicago.

 

My question is, how can we file these concurrently if they're going to different places? It says that you don't have to pay the fee for the 765 if you file it together with the 485. Or, to file the 765 afterward, you must have proof that your 485 is pending (so that would be the I-797). I also read somewhere that they have debundled the fees, so people actually do have to pay both fees now... but the instructions on the 765 still say that you can be exempt from the filing fee if you've filed your 485.

 

Is there a way we can file these forms at the same time? Or do we need to file the 485, wait for the 797, and THEN file the 765 after that for the fee to be waived? Or do we have to pay full fee for both forms now..?

https://www.uscis.gov/i-765-addresses This says that family-based AoS (category c9) still goes to Chicago.

[mbssss 112]

1 hour ago, ak5285 said:

I also should probably ask - are the old fees still in place since they blocked the changes? And do we still have to pay the biometric service fee plus filing fee? I'm so confused.

The old fees are still in place currently. At least it says so at the top in this link; https://www.uscis.gov/i-765

[ak5285 20]

21 minutes ago, mushroomspore said:

https://www.uscis.gov/i-765-addresses This says that family-based AoS (category c9) still goes to Chicago.

he came here on a k1 visa, so it goes to phoenix then, right? that would make him an (a)(6), rather than a (c)(9) because we dont yet have a pending aos. were married now thats why hes applying for aos

Edited October 9, 2020 by ak5285

[mushroomspore 3,044]

7 minutes ago, ak5285 said:

he came here on a k1 visa, so it goes to phoenix then, right? that would make him an (a)(6), rather than a (c)(9) because we dont yet have a pending aos.

I believe that category (A)(6) is a limited-time EAD that only allows a K1 entrant to work for during the 90-day post-K1-entry period and is a different type of EAD altogether. If you and the K1 visa holder are now married, you are now spouses and I'm pretty sure that means your category is (C)(9) since you're now immediate relatives, which is the basis of the AoS.

 

@geowrian Would you kindly provide clarification?

[ak5285 20]

5 minutes ago, mushroomspore said:

I believe that category (A)(6) is a limited-time EAD that only allows a K1 entrant to work for during the 90-day post-K1-entry period and is a different type of EAD altogether. If you and the K1 visa holder are now married, you are now spouses and I'm pretty sure that means your category is (C)(9) since you're now immediate relatives, which is the basis of the AoS.

 

@geowrian Would you kindly provide clarification?

oh i see, thank you. It says that you send the 765 to chicago if you have a pending 485.. does that mean we can send the forms together, or do we have to send them separately?

[geowrian 22,338]

40 minutes ago, mushroomspore said:

I believe that category (A)(6) is a limited-time EAD that only allows a K1 entrant to work for during the 90-day post-K1-entry period and is a different type of EAD altogether. If you and the K1 visa holder are now married, you are now spouses and I'm pretty sure that means your category is (C)(9) since you're now immediate relatives, which is the basis of the AoS.

 

@geowrian Would you kindly provide clarification?

(a)(6) is an EAD based on the 90 days of legal K-1 status. Once those 90 days of status are up...usually well before they even adjudicate the form...the EAD expires anyway. So there's no useful point of doing that nowadays (there was an argument for it back when it only took like 30 days to get, then possibly using a job offer to expedite the "normal" AOS EAD).

 

(c)(9) is appropriate for family (and some employment) cases with a concurrently filed or pending I-485.

 

As for where to file, see https://www.uscis.gov/i-765-addresses

So yes, it still goes to Chicago.

[HRQX 4,145]

On 10/9/2020 at 6:05 AM, ak5285 said:

It says that you don't have to pay the fee for the 765 if you file it together with the 485. Or, to file the 765 afterward, you must have proof that your 485 is pending (so that would be the I-797).

Correct. The fee schedule has not changed because of recent preliminary injunction:

 

On 10/9/2020 at 6:05 AM, ak5285 said:

Is there a way we can file these forms at the same time?

Send everything together to Chicago: https://www.uscis.gov/i-485-addresses

USCIS Chicago Lockbox

For U.S. Postal Service (USPS):

USCIS
PO Box 805887
Chicago, IL 60680-4120

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

On 10/9/2020 at 7:47 AM, ak5285 said:

that would make him an (a)(6), rather than a (c)(9) because we dont yet have a pending aos. were married now thats why hes applying for aos

Put "(c)(9)( )" on Form I-765.

On 10/9/2020 at 6:05 AM, ak5285 said:

So, we just got our AOS packet back after a month due to a couple errors on our end.

Reminder that I-944 is now required. https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule "If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 on or before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing."

Edited October 11, 2020 by HRQX