i765 Question

[Fileo 0]

I filed the i485 for my fiancé and that seems to be going fine. When I filed the i765, I didn't realize that I had to pay for that. I saw old information on that. The i-765 application was returned to me because of that. So here's my question:

 

1. Is it worth it to apply for the i765?

2. Is it too late to apply for it? My fiancé has been here for more than 90 days.  I did initially file before the 90-day limit I read ("Fiance(e)s of U.S. citizens can apply for work authorization as long as they apply within 90 days of arriving in the United States on a finance (K-1) visa.")

3. How long is the i765 good for?

4. Does it matter if I apply on paper or online? (Original submission was on paper.)

 

I'm sorry if any of these seem like dumb questions. I have googled and googled and I'm running out of steam. 

 

[Crazy Cat 41,806]

Did you marry?  A K-1 fiance cannot file an I-485, but a spouse can.  A fiance can file an I-765, but it would not get approval before the expiration of the I-94 (90 days after entry)., thus making it useless.

1.  That depends on whether the new immigrant wants to work legally.

2. No, not too late.  You can submit an I-765 after filing an I-485.  Cost is $260.00

3.  5 years, I believe.

4.  It Doesn't matter.  Make sure you include the receipt for the I-485.

Edited September 18 by Crazy Cat

[Fileo 0]

We did marry. I was worried because he's been here more than 90 days already.

 

This is extremely helpful. Thank you so much!

[K1visaHopeful 2,810]

14 minutes ago, Fileo said:

We did marry. I was worried because he's been here more than 90 days already.

 

This is extremely helpful. Thank you so much!

If you're worried about that you applied under the wrong category. 

K1s are C9 NOT A6.

[Fileo 0]

I did use C9. I'm just ignorant.  Thank you for trying to help me.

[M plus D 57]

On 9/17/2024 at 7:27 PM, Fileo said:

I filed the i485 for my fiancé and that seems to be going fine. When I filed the i765, I didn't realize that I had to pay for that. I saw old information on that. The i-765 application was returned to me because of that. So here's my question:

 

Yes, a lot of guides on the internet haven't updated yet to reflect i-765 now requiring a payment of USD$ 260 for category (c)(9), including the guide on VJ. 

It is definitely worth it, because USD$ 260 is not that high of a cost. You could recover that even if you work only one week earlier than waiting for your Green Card.

 

From what I understand, your i-485 has been accepted already. Like CrazyCat mentions, this means you must include the NOA1 (i.e. the i-797 Receipt Notice) of your i-485.

Normally people file concurrently, which means that a NOA1 of Adjustment of Status is not required. In your case, it is. See page 11 of the i-765 Instructions (link)

 

Also keep in mind that you have to file on paper. Category (c)(9) is not elligible to be filed online, as you can read on USCIS's website (link).

 

 

 

Edited September 23 by M plus D

[OldUser 6,602]

3 hours ago, M plus D said:

Yes, a lot of guides on the internet haven't updated yet to reflect i-765 now requiring a payment of USD$ 260 for category (c)(9), including the guide on VJ. 

It is definitely worth it, because USD$ 260 is not that high of a cost. You could recover that even if you work only one week earlier than waiting for your Green Card.

 

From what I understand, your i-485 has been accepted already. Like CrazyCat mentions, this means you must include the NOA1 (i.e. the i-797 Receipt Notice) of your i-485.

Normally people file concurrently, which means that a NOA1 of Adjustment of Status is not required. In your case, it is. See page 11 of the i-765 Instructions (link)

 

Also keep in mind that you have to file on paper. Category (c)(9) is not elligible to be filed online, as you can read on USCIS's website (link).

 

 

 

All great points. I'd only say: don't send original NOA for I-130,  just a copy.

[St3phsm07 2]

Haven’t The price fees gone up for all forms. Uscis website states $520 

[hplusj 135]

4 hours ago, St3phsm07 said:

Haven’t The price fees gone up for all forms. Uscis website states $520 

Your answer is in the screenshot you shared.

When filing at the same time as the AOS (I-485) or while it's still pending, it's $260.

[St3phsm07 2]

my friend is having an issue with his Aos from a K1, he’s sent 485 and 765 together and it’s been noa twice for payment being incorrect. Fee for 485 was $1440 and $520 for 765 and those seem to be the amounts according to Uscis website, what are they wanting?!

[Crazy Cat 41,806]

45 minutes ago, St3phsm07 said:

my friend is having an issue with his Aos from a K1, he’s sent 485 and 765 together and it’s been noa twice for payment being incorrect. Fee for 485 was $1440 and $520 for 765 and those seem to be the amounts according to Uscis website, what are they wanting?!

The fee for an I-765 is $260 when filed with an I-485 as @hplusj said.

G-1055 Fee Schedule (uscis.gov)

 

Edited October 3 by Crazy Cat

[St3phsm07 2]

6 minutes ago, Crazy Cat said:

The fee for an I-765 is $260 when filed with an I-485

G-1055 Fee Schedule (uscis.gov)

 

 
but the 485 is not pending yet?

[Crazy Cat 41,806]

6 minutes ago, St3phsm07 said:

 
but the 485 is not pending yet?

Yes, it is.  You posted "he’s sent 485 and 765 together".

[M plus D 57]

 

1 hour ago, St3phsm07 said:

but the 485 is not pending yet?

Just to simplify: you are allowed to file i-485 and i-765 together. Think of the USD$ 260 price being for two type of filing:

1. Filing with a pending AOS
2. Filing together with AOS, which counts as filing with a pending AOS

You can see in the instructions of i-765 you are allowed to file this specific (c)(9) category together with i-485, and the category decides the price:

[St3phsm07 2]

1 minute ago, M plus D said:

 

Just to simplify: you are allowed to file i-485 and i-765 together. Think of the USD$ 260 price being for two type of filing:

1. Filing with a pending AOS
2. Filing together with AOS, which counts as filing with a pending AOS

You can see in the instructions of i-765 you are allowed to file this specific (c)(9) category together with i-485, and the category decides the price:

 

 

okay I’ll go with it. Thanks for everyone’s  help!