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Me.IamCris

AOS and EAD Question

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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?

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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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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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; "


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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. 

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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:

EAD-advance-parole-i-512-highlight-300x1

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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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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