lauraemily

Hello there,

My husband is pending AOS based on a K-1 visa. We did not file for AP when filing for AOS and EAD because we thought we wouldn't need to travel overseas for the foreseeable future. Lo and behold, we have been invited to a wedding in Mexico this summer, so my husband will need to file for AP after all.

My question is, do we have to pay the fee for I-131? I thought I read somewhere that we do not have to pay the fee if we have a pending AOS, but I can't find any concrete information. Does anyone know for sure?

Thanks,

Laura

Submit the I-131 with a copy of your NOA for the I-485 (proof of your pending AOS) - many will also include a brief letter of explanation. The fee should be waived with your pending I-485.

Good to know, thank you!

Hello there,

My husband is pending AOS based on a K-1 visa. We did not file for AP when filing for AOS and EAD because we thought we wouldn't need to travel overseas for the foreseeable future. Lo and behold, we have been invited to a wedding in Mexico this summer, so my husband will need to file for AP after all.

My question is, do we have to pay the fee for I-131? I thought I read somewhere that we do not have to pay the fee if we have a pending AOS, but I can't find any concrete information. Does anyone know for sure?

Thanks,

Laura

Just want to clarify my question.

If my husband's AOS application is delayed 7 months while we wait for the replacement NOA, will his EAD application also be delayed for the same period of time?

Thanks for any advice.

His EAD application will be delayed if you receive an RFE on the I-485 before it is approved.....

This is because an RFE suspends normal processing on the I-485 and on any unapproved interim benefits applied for (based on the I-485). This continues until the RFE is responded to and normal processing resumes.

Right. So our response to the RFE will be the receipt of the I-824 form, not the NOA for the I-129F, because the replacement I-129F NOA most likely will not have arrived by the time we get the RFE.

Will that response be enough for them to resume normal processing of the I-485 and other benefits? Or will they suspend processing until the actual I-129F requested by the I-824 comes through?

Sorry to be so nitpicky but I want to make sure I understand the situation correctly. Thank you for your help, I appreciate it!

Just want to clarify my question.

If my husband's AOS application is delayed 7 months while we wait for the replacement NOA, will his EAD application also be delayed for the same period of time?

Thanks for any advice.

Hi,

Sorry if this question has already been answered. I searched the forums and couldn't find the exact information I am looking for.

It seems standard to send in the AOS and EAD applications in a single package with a single payment.

My husband is applying for AOS from a K-1 visa. I lost the NOA for our I-129F, which as noted is a required piece of evidence for the AOS. We did, however, write down all the numbers from the NOA in a separate place, so we have the receipt date, notice date, case type, beneficiary number, and notice type and dates of validity. We also have the case status page from the USCIS website.

From the advice on the forums it appears that we could pay $340 to get a replacement NOA. This would delay our application for AOS, although we could separately send in the application for EAD in the meantime (correct?).

There are also a few posts that suggest that a printed copy of the case status update from the USCIS website will suffice instead of the actual NOA. We are thinking about submitting the AOS with this printed page along with a letter with all the numbers from the NOA, rather than paying the fee and waiting months to receive the replacement copy of the NOA. But we are worried that if they are strict and demand the actual NOA, my husband's EAD application will be held up as well. Our financial situation will not allow us to wait months and months before he can start working.

Our specific question is: if we do that, but get an RFE for the AOS, will the processing of my husband's EAD also be halted while they wait for further evidence? Or will they carry on processing his EAD even if the processing of his AOS is delayed by an RFE?

I hope this question makes sense and I appreciate any insight!

I`m sorry but USCIS is not going to accept case status online page. I`m in a similar situation although I never received my NOA. Look at my signature, it shows my story. I suggest you to file that form I-824 (i think) for replacement NOA2 for I-129F as soon as possible cuz believe me it is going to take time. Also, you cannot file for EAD before AOS if EAD is based on AOS. If EAD is based on a K1 visa then go ahead (I`m not 100% sure of how K1 works... i never been down that road, so, let the experienced K1 holders answer if you can file for EAD based on K1).

OK. So now I am worried. Say we file the I-824 to request another copy of the I-129 NOA. We still need to file for AOS within 90 days of my husband's arrival in the US, which makes the deadline October 31. USCIS approval times are showing that they are processing I-824s from 7 months ago, so we cannot wait for the replacement NOA before the deadline for application for AOS passes.

I guess the best option is that we go ahead and file for AOS with what we have and expect an RFE. In the meantime we will file the I-824 for the replacement NOA. Does this sound right?

Does this mean my husband will not receive his EAD until we send in the replacement NOA (which could take 7+ months to arrive)? Ack!!!

I cannot believe I was stupid enough to lose that piece of paper.

Hi,

Sorry if this question has already been answered. I searched the forums and couldn't find the exact information I am looking for.

It seems standard to send in the AOS and EAD applications in a single package with a single payment.

My husband is applying for AOS from a K-1 visa. I lost the NOA for our I-129F, which as noted is a required piece of evidence for the AOS. We did, however, write down all the numbers from the NOA in a separate place, so we have the receipt date, notice date, case type, beneficiary number, and notice type and dates of validity. We also have the case status page from the USCIS website.

From the advice on the forums it appears that we could pay $340 to get a replacement NOA. This would delay our application for AOS, although we could separately send in the application for EAD in the meantime (correct?).

There are also a few posts that suggest that a printed copy of the case status update from the USCIS website will suffice instead of the actual NOA. We are thinking about submitting the AOS with this printed page along with a letter with all the numbers from the NOA, rather than paying the fee and waiting months to receive the replacement copy of the NOA. But we are worried that if they are strict and demand the actual NOA, my husband's EAD application will be held up as well. Our financial situation will not allow us to wait months and months before he can start working.

Our specific question is: if we do that, but get an RFE for the AOS, will the processing of my husband's EAD also be halted while they wait for further evidence? Or will they carry on processing his EAD even if the processing of his AOS is delayed by an RFE?

I hope this question makes sense and I appreciate any insight!