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I-765 fee not required if filing with I-485?

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Filed: AOS (pnd) Country: Thailand
Timeline

On this page it says

The fee for I-485 applications includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication).

I'm wondering if this is also the case for our family based adjustment of status?

Thanks for any tips!

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

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On this page it says

I'm wondering if this is also the case for our family based adjustment of status?

Thanks for any tips!

Yes it is the same.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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Filed: AOS (pnd) Country: Thailand
Timeline

Wow, that saves some cash.... I'm surprised they don't inform us of that on the I-765! I wonder if they would have returned the money if I did send it in!

Thanks for the quick reply.

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

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Wow, that saves some cash.... I'm surprised they don't inform us of that on the I-765! I wonder if they would have returned the money if I did send it in!

Thanks for the quick reply.

To be fair, the USCIS did include this information in under their "special instructions" section for Form I-765

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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Filed: AOS (pnd) Country: Thailand
Timeline

I just read over the I-765 instructions again and still don't see where it says the fee is not required. It does say if your "renewing the ead" under the c9 category the fee is not required.

I admit the language in the instructions can be confusing... can you point out exactly where it says the filing fee for the 765 is not required when filing concurrently with the I-485?

Thanks

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

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Filed: Citizen (apr) Country: Australia
Timeline

I just read over the I-765 instructions again and still don't see where it says the fee is not required. It does say if your "renewing the ead" under the c9 category the fee is not required.

I admit the language in the instructions can be confusing... can you point out exactly where it says the filing fee for the 765 is not required when filing concurrently with the I-485?

Thanks

Did you click on the link they posted? They linked it and told you exactly where to find it.

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Filed: AOS (pnd) Country: Thailand
Timeline

No, didn't, I just opened up the 765 instructions I downloaded from the uscis site. But I did find the fee waiver info on the My link page. You would think they'd include it on the 765 instructions too.

Thanks everyone for the help! Much appreciated.

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

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Yes, it is somewhat strange (and counter-intuitive) that it is isn't disclosed on the I-765 instructions that no fee is required if filing alongside (or after) an I-485. This is only mentioned on the I-485 instructions.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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  • 1 month later...
Filed: AOS (apr) Country: China
Timeline

I was also confused about this. For example, on the fees website they specifically state no additional fee is required for I-131 if you are filing with the I-485. The section for I-765 refers you to its instructions, in which case I was unable to find anything about filing with I-485 even in the 'special instructions' section mentioned earlier for the I-765.

However, in the special instructions for I-485 you do find this information, and it is also in the PDF of the instructions.

"Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together."

Maybe that just shows I haven't read all instructions thoroughly but it'd be better if this information was where you'd expect. I use VJ as a guide, but in the end I double check everything. Still, I've never found anything wrong in VJ guides!

2010-07-15 - Met in China as graduate students, began dating
2011-10-03 - Engagement proposal, 2 week visit to China
2011-12-10 - I-129F Sent
2011-12-21 - I-129F NOA1, Notice Date
2012-04-18 - Larry visits Xinji and family for 12 days in China
2012-04-24 - I-129F NOA2, Notice Date
2012-05-10 - NVC Left
2012-05-25 - Packet 3 Received
2012-05-29 - Packet 3 Sent
2012-06-07 - Packet 4 Received
2012-07-02 - Interview Date - Approved
2012-07-07 - Visa Received
2012-07-18 - US Entry - Newark
2012-08-12 - Married
2012-08-23 - Date Filed I-485 (AOS), 765 (EA), 131 (AP)
2012-09-21 - Biometrics Appointment
2012-10-26 - Approved Date for EA and AP
2012-11-05 - Date EA and AP Combo Card Received

2013-07-25 - Informed online green card was ordered to be produced (no interview)

2013-08-02 - Permanent resident card received

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  • 4 months later...
Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

Wow, that saves some cash.... I'm surprised they don't inform us of that on the I-765! I wonder if they would have returned the money if I did send it in!

Thanks for the quick reply.

Yes they would have returned the fee.I overpaid and they sent back the amount that would have been for the i-765.They are very ethical :D

Day 1 December 19,2012 - Mailed Package (i-130,i-485,i-765)

Day 3 December 21,2012 - PO tracking number says package delivered

Day 6 December 24,2012 - application received by USCIS(this is also the priority date)

Day 20 Jan 7, 2012 - received an NOA dated Dec 24th,2012 stating that I sent too much money so they returned a money order:)(there was no case#)

Day 21 Jan 8, 2013 -received NOA1- with receipt/case numbers for(i-130,i-485)notice date was Jan 2,2013.

(case is being processed at the National Benefits Center)

Day 25 Jan 12,2013- received NOA biometric appointment for Jan 23rd! notice date was Jan 7th

Day26 Jan 13,2013- received NOA1 receipt number for i-765(was sent to my neighbours due to wrong address)

Day 27 Jan 14,2013- got an email notification that a request for evidence has been mailed out for my i-485

Day 31 Jan 18,3013- received RFE letter for i-485 in the mail dated jan 11(i have 87days to send in docs)

Day 36 Jan 23,2013- Biometrics Done!

Day 41 Jan 28,2013- Mailed RFE

Day 48 Feb 4,2013- USCIS received my RFE

Day 59 Feb 15,2013- USCIS approved my i-765 work permit!!!

Day 64 Feb 20,2013 - interview will be scheduled soon/ work permit card production in process!!!

Day 71 Feb 27,2013 - got work permit card today!

Day 81 Mar 9, 2013- got letter with interview notice for April 10th

Day 113 Apr 10, 2013 - APPROVED I-130/ I-485 interview day!!!

Day 121 Apr 18,2013 - Got GREEN CARD!!!!! God is good!

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  • 4 years later...
 
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