I-485 AOS, Green Card, Work and Travel

[Richard and Inna 3]

This is probably a simple question but it may help others in the future: Once married, we filed form I-485 AOS to register my wife for Permanent Residency. We understand that the Green Card is the desired outcome of this application. As we have looked back, we DID NOT file Form I-475 or Form I-131 thinking that the successful AOS outcome (Green Card) would allow her to work and travel as well as have permanent residence. We, I'm sure along with others, would like to know if this is true. If not, I see the need to file those forms now as we wait for the AOS outcome. I would appreciate any constructive comments on this topic. Thank you !

[KayDeeCee 4,900]

This is probably a simple question but it may help others in the future: Once married, we filed form I-485 AOS to register my wife for Permanent Residency. We understand that the Green Card is the desired outcome of this application. As we have looked back, we DID NOT file Form I-475 or Form I-131 thinking that the successful AOS outcome (Green Card) would allow her to work and travel as well as have permanent residence. We, I'm sure along with others, would like to know if this is true. If not, I see the need to file those forms now as we wait for the AOS outcome. I would appreciate any constructive comments on this topic. Thank you !

Yes, the green card allows for work and travel. However, approvals can take quite a few months, 9+ sometimes. The EAD/AP(I-765 and I-131) are approved in 2-3 months and can be used for work and to re-enter the US when traveling while waiting for the green card approval. The fees for those forms are waived when filed with a pending I-485, so you should have just sent them altogether at the same time. The good news is that you can still apply for them after sending the I-485 and the fees are still waived. Just be sure to include a copy of your NOA receipt notice from filing the I-485 in order for them to be free.

[Andrea&Henry 311]

Well, before giving you my input just let me clear u some things first: you are not applying for her permanent residency, you are applying for her Conditional residency which is way different. After 2 years period you can file for her removal of conditions so she can get her permanent residency. The second thing is that the work permit is the I 765 not the number u said. Well, the thing is you have no obligation to file for work and travel permit but it's HIGHLY recommended. Why? Waiting for a green card that usually take 5 to 11 month to get, is wayyyyyy to much time. Not only for traveling or working, but you can also get her SSN and her driving license. Without this utems you will need to wait until she gets her GC to get all this items. My AOS process is in it 8 month since my hubby and I applied, thank God we did filed for my EAD/AP (work permit/ travel) and since september I can work/ travelI got my SSN and my driver license so the whole waiting hasn't be that hard. Im working, driving and alredy went to see my family a month ago. So I strongly suggest you to file for those 2

Edited March 25, 2013 by Andrea&Henry

[KayDeeCee 4,900]

Well, before giving you my input just let me clear u some things first: you are not applying for her permanent residency, you are applying for her Conditional residency which is way different. After 2 years period you can file for her removal of conditions so she can get her permanent residency.

This is incorrect. It is not 'way' different. the I-485 is for adjusting status to permanent residence. When your I-485 is approved, you are mailed a permanent resident card because you are in fact, a legal permanent resident of the US. If you were married less than 2 years, then you receive a conditional permanent resident card. 90 days before it expires you file to remove the conditions by sending a form and supporting evidence that you have a bona fide marriage. When the ROC is approved, you will receive a 10 year permanent resident card. Both cards allow the exact same benefits. The conditional one just happens to expire in 2 years instead of 10 and you must file for ROC to get a 10 year one.

[Andrea&Henry 311]

This is incorrect. It is not 'way' different. the I-485 is for adjusting status to permanent residence. When your I-485 is approved, you are mailed a permanent resident card because you are in fact, a legal permanent resident of the US. If you were married less than 2 years, then you receive a conditional permanent resident card. 90 days before it expires you file to remove the conditions by sending a form and supporting evidence that you have a bona fide marriage. When the ROC is approved, you will receive a 10 year permanent resident card. Both cards allow the exact same benefits. The conditional one just happens to expire in 2 years instead of 10 and you must file for ROC to get a 10 year one.

The CO is less than 2 years of marriage, his wife is adjusting from a k1 visa si she will get a conditional GC, which is indeed 2 years of validation. I marked him this point cause in others forum people talk about getting the permanent GC after AoSing from a k1 a people made very CLEAR that this a conditional not a permanent, but yes they both have the same benefits.

Edited March 25, 2013 by Andrea&Henry

[KayDeeCee 4,900]

The CO is less than 2 years of marriage, his wife is adjusting from a k1 visa si she will get a conditional GC, which is indeed 2 years of validation. I marked him this point cause in others forum people talk about getting the permanent GC after AoSing from a k1 a people made very CLEAR that this a conditional not a permanent, but yes they both have the same benefits.

I know they are adjusting from a K-1 and will get a conditional card. I was correcting the fact that it will not be a permanent resident card and that you are not applying to be a permanent resident because you are. When the I-485 is approved, you are a legal permanent resident. The card looks and acts no differently than the one that expires in 10 years instead of 2. I am trying to make it CLEAR to you and anyone else that might be confused that it IS in fact a permanent resident card. Once the I-485 is approved, someones status is PERMANENT resident. It makes no difference that it expires in 2 years and you need to file for ROC. You are still a permanent resident.

[Pitaya 2,577]

Yes, the green card allows for work and travel. However, approvals can take quite a few months, 9+ sometimes. The EAD/AP(I-765 and I-131) are approved in 2-3 months and can be used for work and to re-enter the US when traveling while waiting for the green card approval. The fees for those forms are waived when filed with a pending I-485, so you should have just sent them altogether at the same time. The good news is that you can still apply for them after sending the I-485 and the fees are still waived. Just be sure to include a copy of your NOA receipt notice from filing the I-485 in order for them to be free.

Agree!!

As Jay-Kay keenly mentions, with the increasingly longer AOS processing times, it makes more sense now than ever to apply for the EAD/AP (I-765/I-131) combo card at the same time as the AOS (I-485) application, all with no additional fees required. Thankfully, the EAD/AP combo card can also obtained retroactively as described.

We applied for, and obtained, the combo cards; even though we had no immediate work or travel plans. We applied for them keeping in mind the highly variable and increasingly longer AOS processing times, and the increasingly unstable health of my mother-in-law in China. However, we didn't have to use our combo cards since we, fortunately, had our successful AOS interview (receiving our 2-yr conditional GCs) shortly after receiving the combo cards.

YMMV.

Good luck.

Edited March 25, 2013 by A&B

[titantom 2]

This is probably a simple question but it may help others in the future: Once married, we filed form I-485 AOS to register my wife for Permanent Residency. We understand that the Green Card is the desired outcome of this application. As we have looked back, we DID NOT file Form I-475 or Form I-131 thinking that the successful AOS outcome (Green Card) would allow her to work and travel as well as have permanent residence. We, I'm sure along with others, would like to know if this is true. If not, I see the need to file those forms now as we wait for the AOS outcome. I would appreciate any constructive comments on this topic. Thank you !

You are 100% correct. The GC trumps the others... However, as others mentioned, the GC could take longer to get than the other's would have. In our case, we filed for all 3, but at the interview last week, we were told that she would get the GC in about 30 days and wouldn't need the Work Card or Travel Documents, so they wouldn't even send them at all. So hopefully you will have a speedy GC interview and approval and the others won't matter.

[Richard and Inna 3]

Thank you to all who responded to my question ! I'm sure it will help others as well !!!!

[Gary and Alla 3,694]

This is probably a simple question but it may help others in the future: Once married, we filed form I-485 AOS to register my wife for Permanent Residency. We understand that the Green Card is the desired outcome of this application. As we have looked back, we DID NOT file Form I-475 or Form I-131 thinking that the successful AOS outcome (Green Card) would allow her to work and travel as well as have permanent residence. We, I'm sure along with others, would like to know if this is true. If not, I see the need to file those forms now as we wait for the AOS outcome. I would appreciate any constructive comments on this topic. Thank you !

yes it is true. The other documents would allow her to work and travel BEFORE she gets the green card but are optional. No worries. You can still file for them, for FREE, by attaching a copy of the receipt for the I-485 to the applications. But they are optional documents, she does NOT "need" them and they are void once the green card arrives.