i-765 fee waiver with i-130 and i-485

[pnw12 5]

Hi everyone! 

 

I am gathering the paperwork to file adjustment of status for my spouse and I have been informed that the ead and travel document fee can be waived when filing concurrently with the i-130 and i-485. I plan to send all documents and payments to the Chicago lockbox, but can't find anything on the internet that says the ead and travel document fee can be waived when filing in this way. Can someone please help? It would be great if I didn't have to pay the additional fees, but I don't want to risk the application getting rejected because of incorrect payment.

 

Thank you! 

[mushroomspore 3,043]

2 minutes ago, dansea said:

Hi everyone! 

 

I am gathering the paperwork to file adjustment of status for my spouse and I have been informed that the ead and travel document fee can be waived when filing concurrently with the i-130 and i-485. I plan to send all documents and payments to the Chicago lockbox, but can't find anything on the internet that says the ead and travel document fee can be waived when filing in this way. Can someone please help? It would be great if I didn't have to pay the additional fees, but I don't want to risk the application getting rejected because of incorrect payment.

 

Thank you! 

I think it says in the I-765 instructions. It's 100% waived for concurrent AoS filings, but they are changing the policy on this. As of Oct 2, they are going to start charging for I-765 filed concurrently with AoS so get your papers in soon.

[Listen97 4]

I'm curious as well. I didn't submit a I-765 because I though there was another $500 fee associated with it an it would take 5-6 months to get back, which wouldn't be worth it.

[Letspaintcookies 2,207]

Page 26/ 27 in the form instructions for EAD

[pnw12 5]

3 minutes ago, mushroomspore said:

I think it says in the I-765 instructions. It's 100% waived for concurrent AoS filings, but they are changing the policy on this. As of Oct 2, they are going to start charging for I-765 filed concurrently with AoS so get your papers in soon.

Thanks for your comment. 

 

I plan on spending a couple more weeks to make sure everything is correct, but I did see on the USCIS website that they work on the date when the application is completed. I wonder if the application completed date (along with postal evidence) would be accepted, even if the application is received after October 3rd. 

[pnw12 5]

1 minute ago, Letspaintcookies said:

Page 26/ 27 in the form instructions for EAD

Ok cool, I'll check that out now. 

[Letspaintcookies 2,207]

6 minutes ago, dansea said:

Thanks for your comment. 

 

I plan on spending a couple more weeks to make sure everything is correct, but I did see on the USCIS website that they work on the date when the application is completed. I wonder if the application completed date (along with postal evidence) would be accepted, even if the application is received after October 3rd. 

With any luck they accept the date on the stamp but many had trouble with that back in February when they did a big change. They definitely don't go by the date you signed it. Better get it out sooner than later.

Edited September 9, 2020 by Letspaintcookies

[mushroomspore 3,043]

7 minutes ago, Listen97 said:

I'm curious as well. I didn't submit a I-765 because I though there was another $500 fee associated with it an it would take 5-6 months to get back, which wouldn't be worth it.

As noted, there is no fee when filing I-765 concurrently with a complete AoS package. But that's changing in less than a month. And the processing times are horrendous. Mine took 8 months and this was back in 2017-2018. Not being able to work has good and bad consequences to it. We definitely had phases where we got really stressed out over money.

[Crazy Cat 39,218]

17 minutes ago, Listen97 said:

I'm curious as well. I didn't submit a I-765 because I though there was another $500 fee associated with it an it would take 5-6 months to get back, which wouldn't be worth it.

Not worth it?  Are you aware that, without an approved I-765, your spouse cannot legally work until she receives a Green Card.  That could take a lot longer than the processing time for the EAD.   I hope you also filed an I-131.

 

Fortunately, you can file the I-765 and I-131 free when your package is returned...Good luck.

Edited September 9, 2020 by Lucky Cat

[Listen97 4]

1 minute ago, Lucky Cat said:

Not worth it?  Are you aware that, without an approved I-765, your spouse cannot legally work until she receives a Green Card.  That could take a lot longer than 5-8 months.

Sorry meant not worth it for the $500 based on the timelines I saw on their site of 5-8 months to get the provisional work permit, if optimistically they would approve the Green Card in the 9-12 months since she is already in the US and doing an AOS. Since I make enough and we wouldn't be hurting for money just figured we would wait it out and save the $500. But since I probably messed up (see my other post) and it will be coming back it might be worth it if I can get it resubmitted before October since it's no fee.

 

Live and learn for not coming to this community first before filling everything out.

[Crazy Cat 39,218]

2 minutes ago, Listen97 said:

Sorry meant not worth it for the $500 based on the timelines I saw on their site of 5-8 months to get the provisional work permit, if optimistically they would approve the Green Card in the 9-12 months since she is already in the US and doing an AOS. Since I make enough and we wouldn't be hurting for money just figured we would wait it out and save the $500. But since I probably messed up (see my other post) and it will be coming back it might be worth it if I can get it resubmitted before October since it's no fee.

 

Live and learn for not coming to this community first before filling everything out.

I see your point.  You can file the free I-765 and I-131 along with the new Adjustment of Status package....assuming it is returned prior to the fee increase start date.

Edited September 9, 2020 by Lucky Cat

[pnw12 5]

29 minutes ago, Letspaintcookies said:

With any luck they accept the date on the stamp but many had trouble with that back in February when they did a big change. They definitely don't go by the date you signed it. Better get it out sooner than later.

Ahh yeah, I just had another look at what they have said. Apparently they are accepting anything postmarked on or before October 1st, so it would have to be an official from mail carrier. 

Was the February issue because the forms had changed? 

[Letspaintcookies 2,207]

17 minutes ago, Listen97 said:

Sorry meant not worth it for the $500 based on the timelines I saw on their site of 5-8 months to get the provisional work permit, if optimistically they would approve the Green Card in the 9-12 months since she is already in the US and doing an AOS. Since I make enough and we wouldn't be hurting for money just figured we would wait it out and save the $500. But since I probably messed up (see my other post) and it will be coming back it might be worth it if I can get it resubmitted before October since it's no fee.

 

Live and learn for not coming to this community first before filling everything out.

If USCIS accepts your package you can still file EAD and AP for free if you sent the NOA1 from AOS with the application. That should still work even after October 2nd cause you applied for AOS before that date. If they accept your AOS you should also instantly sent the missing files to NBC asking to add these documents to your application. Might work/ might not but at least you tried instead of just waiting for a worst case denial.

[Letspaintcookies 2,207]

2 minutes ago, dansea said:

Ahh yeah, I just had another look at what they have said. Apparently they are accepting anything postmarked on or before October 1st, so it would have to be an official from mail carrier. 

Was the February issue because the forms had changed? 

That was when the I944 was added and they said everybody who postmarked and sent it before that date was fine. Couple people got rejected for filing to late even though it was stamped before. I don't remember anybody who reported that they fought it and won. I think they all sent the application again with the new form.

Edited September 9, 2020 by Letspaintcookies

[pnw12 5]

3 minutes ago, Letspaintcookies said:

That was when the I944 was added and they said everybody who postmarked and sent it before that date was fine. Couple people got rejected for filing to late even though it was stamped before. I don't remember anybody who reported that they fought it and won. I think they all sent the application again with the new form.

I haven't even heard about the I-944 until you just said it! It's not on the step-by-step list created in Visa Journey! 

Edited September 9, 2020 by dansea
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