Submitting Application for Employment Authorization after the I-485?

[Nadia&Farouk 3]

Hi everyone,

 

My husband did not submit his Application for Employment Authorization document (I-765) when he submitted his Application to Register Permanent Residence or Adjust Status (I-485) back in Feb 2019. He was under the impression that he had to pay an extra $535 fee on top of the $1200 (or so) that he paid when he filed the I-485. When we called to ask about the status of the I-485, we found out that he is in line for interview scheduling however the immigration agent said that it could take months to a year or so. I also asked what the fee for the EAD application was and she said there is no fee as we had already filed for the I-485, just that we needed to submit a copy of the receipt. Due to the long wait time for the interviews, we definitely feel it is worth it for him to submit his I-765.

 

Besides the receipt and the application itself, what else does my husband need to submit? Does he need the same list of items that we already included in the I-485 application (i.e. translated birth certificate, certified marriage certificate, passport photos, I-94, copy of passport biographical page), copy of visa entry stamp...etc)?

[DaveAndAnastasia 2,078]

Check the I-765 instructions on the USCIS site for what you need. You won't need everything you submitted with the I-485, but will need additional copies of some things. In the I-765 folder (we put the AOS, EAD, and AP applications in separate folders), we included 

 

1.      Two 2 x 2 photos of applicant

2.      Form G-1145

3.      Form I-765

4.      Copy of I-94 for entry on K-1

5.      Copy of form I-797 from underlying I-129F

6.      Copy of applicant’s passport biographical information page

 

… but you should need the I-797 from your I-485 instead of #5, I think.

 

Also note that if you didn't already submit an I-131 to apply for Advance Parole (so you can travel outside the US and come back), that's also free under the same conditions as the I-765, so you probably should file for both.

Edited July 7, 2019 by DaveAndAnastasia

[Nadia&Farouk 3]

1 hour ago, DaveAndAnastasia said:

Check the I-765 instructions on the USCIS site for what you need. You won't need everything you submitted with the I-485, but will need additional copies of some things. In the I-765 folder (we put the AOS, EAD, and AP applications in separate folders), we included 

 

1.      Two 2 x 2 photos of applicant

2.      Form G-1145

3.      Form I-765

4.      Copy of I-94 for entry on K-1

5.      Copy of form I-797 from underlying I-129F

6.      Copy of applicant’s passport biographical information page

 

… but you should need the I-797 from your I-485 instead of #5, I think.

 

Also note that if you didn't already submit an I-131 to apply for Advance Parole (so you can travel outside the US and come back), that's also free under the same conditions as the I-765, so you probably should file for both.

Yes he will file for the AP too! Thank you so much for the quick reply!

[Pitaya 2,576]

On 7/7/2019 at 2:40 PM, Nadia&Farouk said:

Yes he will file for the AP too! Thank you so much for the quick reply!

The only other thing he will need is patience. Had he concurrently filed his AOS/EAD/AP as is often mentioned on this site, he would likely only be waiting a couple of months more until EAD/AP adjudication. Recently, EAD/AP processing times were extended to 6-10 months. YMMV

 

Good luck on your immigration journey

[Nadia&Farouk 3]

2 hours ago, Pitaya (火龙果) said:

The only other thing he will need is patience. Had he concurrently filed his AOS/EAD/AP as is often mentioned on this site, he would likely only be waiting a couple of months more until EAD/AP adjudication. Recently, EAD/AP processing times were extended to 6-10 months. YMMV

 

Good luck on your immigration journey

Patience is a virtue : ) It seems timing is everything so in this Trump era of immigration we do need the luck, thanks!

Edited July 9, 2019 by Nadia&Farouk