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Filed: AOS (pnd) Country: Canada
Timeline
Posted

Hi everyone, I'm new here and need an answer quickly. My story is pretty unique I'm guessing. I am Brazilian and have Canadian citizenship as well. Me and my husband had our religious ceremony in Brazil in May and had the intention to come to the U.S with my Canadian passport (no visa) and legally marrying here and legalizing my status. Long story short, I was paroled into the US and today I have my Biometrics appointment and received a request for evidence letter. On this letter, the i-765 was mentioned. I was unaware I could apply for it.

Anyways, my question is: Technically with my biometrics appointment scheduled and all I would expect to have my green card in about 3 months. Is it worth it to apply for an EAD and have to pay US$380.00 if I should be receiving a green card soon anyways?

Filed: AOS (apr) Country: Denmark
Timeline
Posted

When submitting i765, submit a copy of the NOA1 from your AOS(along with the other supporting evidence of course). That way you waive the fee of the EAD. It's free when filing with AOS of when AOS is pending.

However, the RFE and biometrics appointment are two seperate things. You already had your biometrics appointment?

Since you're adjusting from a tourist visa, you'll have an interview. Usually, it does take that long and by the time you have your EAD in hand, you interview is most likely over. I'd submit the i765 when the RFE asks for it though.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Filed: AOS (pnd) Country: Canada
Timeline
Posted

When submitting i765, submit a copy of the NOA1 from your AOS(along with the other supporting evidence of course). That way you waive the fee of the EAD. It's free when filing with AOS of when AOS is pending.

However, the RFE and biometrics appointment are two seperate things. You already had your biometrics appointment?

Since you're adjusting from a tourist visa, you'll have an interview. Usually, it does take that long and by the time you have your EAD in hand, you interview is most likely over. I'd submit the i765 when the RFE asks for it though.

Thanks moomin.. I got a letter from uscis on my scheduled biometrics appointment and later received the RFE. I still don't understand though how is the ead fee waived by submitting the NOA1 if the instructions on filing i-765 tell me I need to pay the fee...

Filed: AOS (apr) Country: Denmark
Timeline
Posted

Thanks moomin.. I got a letter from uscis on my scheduled biometrics appointment and later received the RFE. I still don't understand though how is the ead fee waived by submitting the NOA1 if the instructions on filing i-765 tell me I need to pay the fee...

Please read page 8 on the i765 instructions - it's under "NOTE" on the right side. :)

http://www.uscis.gov/files/form/i-765instr.pdf

However, you don't have to submit it. I would though - if something gets delayed after your interview, then you can usually use EAD to get driver's license with, and ofcourse a job if you want to. The EAD is only valid until you get the greencard.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Please read page 8 on the i765 instructions - it's under "NOTE" on the right side. :)

http://www.uscis.gov/files/form/i-765instr.pdf

However, you don't have to submit it. I would though - if something gets delayed after your interview, then you can usually use EAD to get driver's license with, and ofcourse a job if you want to. The EAD is only valid until you get the greencard.

Wow! Thanks so much! I had NOT sen that!

Filed: AOS (apr) Country: Denmark
Timeline
Posted

Wow! Thanks so much! I had NOT sen that!

It's the same for the i-131, Advanced Parole. You're welcome :)

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

 
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