AOS and EAD Question

[Me.IamCris 0]

I’m gonna try to make a long story short. I got married 2 years ago and my spouse and I decided to start the immigration process (I’m the foreigner). So,we submitted our I-130 and I-130A,got our receipt and filed the I-485(AOS) application. Fortunately,we didn’t get any RFEs throughout the entire wait after the submission. 

 

Fastforward a couple months later and I got a txt saying that I have an update on my status,I should check online. I checked my status online and it said that my case is waiting to be scheduled for an interview. A couple days later I got a letter in the mail saying that my case was sent to my local field office (Fort Myers,FL) and whatnot...

 

USCIS website says that my particular field office takes anywhere from 15.5 months to 21.5 months to process and I’m currently at the 6 month mark of this wait. 

 

I made the mistake of not filing the application for an EAD when I was submitting my AOS and it’s gonna cost me almost $500 to file.

 

my question is...Should I go ahead and file for the EAD since it looks like I could be waiting for a long time or should I just wait the process out and forget about the EAD?

[geowrian 22,336]

1 minute ago, Me.IamCris said:

I made the mistake of not filing the application for an EAD when I was submitting my AOS and it’s gonna cost me almost $500 to file.

 

my question is...Should I go ahead and file for the EAD since it looks like I could be waiting for a long time or should I just wait the process out and forget about the EAD?

No it won't. Did you fully read the I-485 and I-765 instructions? Check again regarding payment with a pending I-485.

 

No reason not to file.

[p-ana 933]

It might take a while to get the ead but it’s worth filing anyway. Like already answered, please read the instructions for costs of it

[Me.IamCris 0]

2 minutes ago, p-ana said:

It might take a while to get the ead but it’s worth filing anyway. Like already answered, please read the instructions for costs of it

I just checked and it says $410.

[geowrian 22,336]

7 minutes ago, Me.IamCris said:

I just checked and it says $410.

https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf (page 16) :

"Filing Form I-485 with Forms I-765 and I-131If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485."

 

https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf (page 23) :

"Initial EAD. If this is your initial application and you are applying under one of the following categories, a filing fee is not required for:

...

(c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I-485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate filing fee. If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived; "

[Me.IamCris 0]

6 minutes ago, geowrian said:

https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf (page 16) :

"Filing Form I-485 with Forms I-765 and I-131If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485."

 

https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf (page 23) :

"Initial EAD. If this is your initial application and you are applying under one of the following categories, a filing fee is not required for:

...

(c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I-485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate filing fee. If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived; "

Thank you! I just went to USCIS form page and checked the filing feel. The wait has been crazy and I did the whole thing by myself because my spouse knows nothing about this stuff and is barely making and effort. 

[treppenwitz 78]

38 minutes ago, Me.IamCris said:

and it’s gonna cost me almost $500 to file.

AOS-based EAD/Advance Parole combo card* is free. Even if you don't have travel plans I recommend to submit Form I-131 with Form I-765 and the photocopy of your I-485 receipt notice.

*EAD/AP cards say the following:

[geowrian 22,336]

2 hours ago, Me.IamCris said:

Thank you! I just went to USCIS form page and checked the filing feel. The wait has been crazy and I did the whole thing by myself because my spouse knows nothing about this stuff and is barely making and effort. 

You're welcome.

Always read the instructions for each form in full. The instructions are linked from the form page. The important information is on there...the form page only gives a few key items and without full context.