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yemathums

Questions about I-130 approval before I-485, and skipping I-765/I-131

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Filed: Citizen (apr) Country: Vietnam
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Hello all,

 

My wife and I are submitting a I-485 for my mother-in-law after having a change of plans while she visited, and since she does not plan to work(we will be supporting her and filing affidavits of support with the I-485) or leave the country until her petition is completed, we are wondering if we can skip the I-765 and I-131 entirely. She will not be working, and the I-131 seems to require upcoming travel plan info of which we have none. Is it an issue if we do not submit these with the I-485?

 

We also previously submitted a I-130 for her, and the receipt notice said "The beneficiaries of a petition must wait until a visa number is available before they can take the next step to apply for an immigrant visa or adjustment of status to lawful permanent residence." However we would like to submit the I-485 as soon as possible so we can extend her stay in the US until the petition is completed, as her current B2 visa only allows her to stay until mid-May. Maybe this is referring to an applicant that is outside the US currently, and does not apply for our situation? Is it an issue to submit the I-485 now?

 

EDIT: Just found on page 22 of the I-485 instructions "Immediate relatives do not have to wait until Form I-130 is approved to file Form I-485. You may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved" So I have my answer to that part of my question. Editing in the answer instead of removing that part in case it can help anyone else!

 

 

Thanks in advance for the help!

Edited by yemathums
Add in an answer that I found myself

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DO NOT skip I-765 and I-131.

If only you knew how many forum members regretted not filing those.

 

They are FREE forms with I-485 package.

 

You never know if she needs to urgently travel back to her country.

 

Without I-131 she would not be able to do it, she would abandon her AOS.

 

I-485 takes years sometimes.

 

You can put "To be determined" in the date for future travel.

 

Also file I-765. While she doesn't want or need to work now, she may need to in the future. Considering high cost of health insurance in the US, she may even want to work part time at Starbucks, who can provide it, for example.

Edited by OldUser

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Filed: Citizen (apr) Country: Vietnam
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22 minutes ago, OldUser said:

DO NOT skip I-765 and I-131.

If only you knew how many forum members regretted not filing those.

 

They are FREE forms with I-485 package.

 

You never know if she needs to urgently travel back to her country.

 

Without I-131 she would not be able to do it, she would abandon her AOS.

 

I-485 takes years sometimes.

 

You can put "To be determined" in the date for future travel.

 

Also file I-765. While she doesn't want or need to work now, she may need to in the future. Considering high cost of health insurance in the US, she may even want to work part time at Starbucks, who can provide it, for example.

Thanks for the advice, that is a good point and we don't have anything to lose by submitting them, so we'll complete them as well! We don't foresee her travelling or getting employment but you are right that you never know for sure.

 

A couple follow up questions, I see I-765 can be submitted online, but I am still able to just print it out and ship it with my I-485 package(also including the I-131), right? If I do it that way I don't need to include any additional fees for them?

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Just now, yemathums said:

A couple follow up questions, I see I-765 can be submitted online, but I am still able to just print it out and ship it with my I-485 package(also including the I-131), right? If I do it that way I don't need to include any additional fees for them?

Yes, just print, fill and include forms I-131 and I-765 together with your I-485. Just pay the other relevant fees, these forms are free when filed together.

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Filed: AOS (apr) Country: Kazakhstan
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Agree with @OldUser
 

I-765 (EAD) can also be used as ID and you can also use it to get an SSN. 
 

Put “TBD” and you don’t need to add any additional information or explanation on travel plans (I know it asks it there)/you can put N/A.

 

Its best to print out both forms and submit together with I-485. Don’t forget a copy of NOA for I-130.


 

 

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Filed: Citizen (apr) Country: Vietnam
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35 minutes ago, powerpuff said:

Agree with @OldUser
 

I-765 (EAD) can also be used as ID and you can also use it to get an SSN. 
 

Put “TBD” and you don’t need to add any additional information or explanation on travel plans (I know it asks it there)/you can put N/A.

 

Its best to print out both forms and submit together with I-485. Don’t forget a copy of NOA for I-130.

Ok, I will do that then, and yes am including the receipt notice for the I-130 in the package also. Thank you!

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