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do i need to send i131 and i765

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  • do i need to send i131 and i765

    Hello! I already received the i-797 which means they got my i-130. I am now sending my i-485. Question, do i need to send i-765 (employment authorization) and i-131 (advance parole) too? I am under F1 visa now and married to my husband. I read that if the i-130 will be approved, i will have a spouse visa and I can travel outside the US and come back here without any problem at all, and able to work legally. Please help me. Thank you!

  • #2
    When you submit the I-485, your $1,070 fee pays for a temporary Work Authorization and Advance Parole (on a "combo" card). You don't automatically get a spousal visa with approval of the I-130 petition.

    If you are in the U.S. and being processed for both the I-130 and I-485, which takes about 6 months, you can get a temporary Work Authorization and Advance Parole about 3 months after you submit the I-485. Also, you could have submitted the I-485 at the same time as your I-130, but you can now submit the I-485 (with I-765 and I-131) with the I-797 proof of having submitted the I-130.

    On the other hand, if you are being processed abroad, your approved I-130 goes to the National Visa Center, then to the U.S. Embassy in your country for visa processing. If that is how you are being processed, no I-485 is needed (and no I-765 or I-131).

    --Ray B



    Originally posted by JMbmasw View Post
    Hello! I already received the i-797 which means they got my i-130. I am now sending my i-485. Question, do i need to send i-765 (employment authorization) and i-131 (advance parole) too? I am under F1 visa now and married to my husband. I read that if the i-130 will be approved, i will have a spouse visa and I can travel outside the US and come back here without any problem at all, and able to work legally. Please help me. Thank you!

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