Denied I795

[Siamy 0]

My husband's I795 was denied - we applied right after he entered the country on his K-1, and our NOA1 was returned to the USICS due to an incorrect mailing address. His K-1 expired (and we were married) before the I795 could be processed, so it now has been denied.

The letter they sent told us we could pay an additional $585 to resubmit and reopen the case - but my question is, now that we are married and have submitted our AOS - can we just send in a new application for the I795 with our NOA from the I485? Do we have to use the I 290 B?

[payxibka 10,044]

I-795?

[Kez/JWolf 6]

If you are talking about the Employment Authorization Document, I have to ask why you applied for this before you filled for AOS. If you filed based on his K1 then you have wasted your money as it would only be valid until the 90 days allowed on his I-94. What you need to do now if file for a new EAD based on his application for AOS Class C9 and include a copy of the NOA1 from his AOS.

[Dakine 26]

My husband's I795 was denied - we applied right after he entered the country on his K-1, and our NOA1 was returned to the USICS due to an incorrect mailing address. His K-1 expired (and we were married) before the I795 could be processed, so it now has been denied.

The letter they sent told us we could pay an additional $585 to resubmit and reopen the case - but my question is, now that we are married and have submitted our AOS - can we just send in a new application for the I795 with our NOA from the I485? Do we have to use the I 290 B?

Are you talking about the I-765?

[Siamy 0]

If you are talking about the Employment Authorization Document, I have to ask why you applied for this before you filled for AOS. If you filed based on his K1 then you have wasted your money as it would only be valid until the 90 days allowed on his I-94. What you need to do now if file for a new EAD based on his application for AOS Class C9 and include a copy of the NOA1 from his AOS.

Yes I did mean the I-765 and am well aware of the wasted money! Good call on just doing a new application using the AOS NOA1. That'll save the $585 they were asking for reopening the original application. Thanks for the tip.