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Good Day,

Every time I speak with a USCIS agent regarding filing fees I get a different answer which BTW does not match the online fee calculator. I have last been told that if I am filing an I-485 I do not need to pay for the I-765 or the I-131. Just the I-485 and bio-metrics fee. $1225.00. Does anyone out there have experience with this? I walked through this previously with an agent who said I had to pay $410 for the I-765.

I am also wondering if anyone has anything to say about the recent injunction that eliminates the requirement to file the I-944? Thanks much!

Edited by wi11cu@hotmail.
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Filed: Citizen (apr) Country: Australia
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Moved to AOS forum as you don’t need a visa if already on the US

 

Org hat off 

 

the fees for advanced parole and work Authorization are waived if submitted concurrently with the adjustment of status application. 

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23 minutes ago, wi11cu@hotmail. said:

Good Day,

Every time I speak with a USCIS agent regarding filing fees I get a different answer which BTW does not match the online fee calculator. I have last been told that if I am filing an I-485 I do not need to pay for the I-765 or the I-131. Just the I-485 and bio-metrics fee. $1225.00. Does anyone out there have experience with this? I walked through this previously with an agent who said I had to pay $410 for the I-765.

I am also wondering if anyone has anything to say about the recent injunction that eliminates the requirement to file the I-944? Thanks much!

Fee calculator is correct if selecting the correct option on the EAD.  If you feel like it you can submit without the I-944 but be prepared in case in becomes in force again.

March 2, 2018  Married In Hong Kong

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June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

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October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

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October 21, 2021 N-400 Biometrics Completed  

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April 6,2023 Legally Separated - Oh well

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29 minutes ago, wi11cu@hotmail. said:

Good Day,

Every time I speak with a USCIS agent regarding filing fees I get a different answer which BTW does not match the online fee calculator. I have last been told that if I am filing an I-485 I do not need to pay for the I-765 or the I-131. Just the I-485 and bio-metrics fee. $1225.00. Does anyone out there have experience with this? I walked through this previously with an agent who said I had to pay $410 for the I-765.

I am also wondering if anyone has anything to say about the recent injunction that eliminates the requirement to file the I-944? Thanks much!

come back here if you have any more questions. folks here have gone through the process and can give you more accurate information than the robots at USCIS 

duh

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Filed: AOS (pnd) Country: Brazil
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Wicu11@hotmail,

 

6 hours ago, wi11cu@hotmail. said:

Good Day,

Every time I speak with a USCIS agent regarding filing fees I get a different answer which BTW does not match the online fee calculator. I have last been told that if I am filing an I-485 I do not need to pay for the I-765 or the I-131. Just the I-485 and bio-metrics fee. $1225.00. Does anyone out there have experience with this? I walked through this previously with an agent who said I had to pay $410 for the I-765.

I am also wondering if anyone has anything to say about the recent injunction that eliminates the requirement to file the I-944? Thanks much!

Ok, I can speak to this directly because it just happened to us (and one other person on VJ).  We just filed the whole AOS packet (485/864/944, 131, 765) with a fee of $1225 ($1140 filing fee + $85 biometrics fee) and everything was accepted, EXCEPT the 765 !  The notice of rejection for the 765 said that the "incorrect, or no, fee" had been submitted.  However the instructions on the I-765 (and I-131) are extremely clear (this is taken straight from the 765 instructions):

 

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.

 

After the rejections, I (and the other VJ person) spoke with USCIS phone reps and they were very clear that the rejections were mistakes at the lockboxes and to resubmit the 765 applications with the 485 NOA and note the error.

 

So, in short, NO, you do not have to submit a separate fee for the 765 or 131, but that doesn't mean one or the other won't be mistakenly rejected for no fee.

 

As for the 944, I can't speak definitively about the injunction, but given the vagaries of the process right now, I would include it your packet just to be safe.

 

--Mark and Sandra

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Filed: Citizen (apr) Country: Russia
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Though note that the fee changes effective October 2nd change this; the fees for EAD and AP applications will no longer be waived for new AOS applications starting then.

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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8 hours ago, Mark11 said:

Wicu11@hotmail,

 

Ok, I can speak to this directly because it just happened to us (and one other person on VJ).  We just filed the whole AOS packet (485/864/944, 131, 765) with a fee of $1225 ($1140 filing fee + $85 biometrics fee) and everything was accepted, EXCEPT the 765 !  The notice of rejection for the 765 said that the "incorrect, or no, fee" had been submitted.  However the instructions on the I-765 (and I-131) are extremely clear (this is taken straight from the 765 instructions):

 

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.

 

After the rejections, I (and the other VJ person) spoke with USCIS phone reps and they were very clear that the rejections were mistakes at the lockboxes and to resubmit the 765 applications with the 485 NOA and note the error.

 

So, in short, NO, you do not have to submit a separate fee for the 765 or 131, but that doesn't mean one or the other won't be mistakenly rejected for no fee.

 

As for the 944, I can't speak definitively about the injunction, but given the vagaries of the process right now, I would include it your packet just to be safe.

 

--Mark and Sandra

Most of these rejections are because the applicant failed to note the (c) 9 designation.

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17 hours ago, Lil bear said:

the fees for advanced parole and work Authorization are waived if submitted concurrently with the adjustment of status application. 

They are also free if filing after submitting I-485 and they are submitted with photocopies of I-485 receipt notice: "If 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/sites/default/files/document/forms/i-485instr-pc.pdf

Edited by HRQX
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Filed: AOS (pnd) Country: Brazil
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Jorgedig,

 

8 hours ago, Jorgedig said:

Most of these rejections are because the applicant failed to note the (c) 9 designation.

Do you think there is a difference between "(c) 9" and "(c) 09" (I assume not)?  My rejection notice came  back with category "C09" in the header.  I used the first two boxes on question 27 to put "C" and "9" and then left the third box blank.

 

--Mark and Sandra

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2 hours ago, Mark11 said:

I used the first two boxes on question 27 to put "C" and "9" and then left the third box blank.

Yup. That is what I put for my initial and 2 renewal EADs. The lockbox employees clearly made a mistake in the intake process of your first I-765 filing.

Edited by HRQX
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