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Need Guidance for filling with I-485 - Already filed I-130 and I-765

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  • Need Guidance for filling with I-485 - Already filed I-130 and I-765

    Hello,
    I am on F1 visa (doctoral student). Married to US citizen, filed I-130 and I-765 in August 2020. However, I realized that I need to file I-485 too.

    Can somebody tell me if we need to submit I-864 Affidavit of Support too?

    And what are total requirements if I am missing any other requirements then this (I-94, passport pictures, marriage certificate, I-20, joint bank statements, birth certificates, passport copies, visas, receipts of I-765 and I-130. And I-864 now or once I get approval?

    Aside from that if I need to file something else too to get green card and work authorization?

    Need help
    Thanks
    MBA-098

  • #2
    Forms I-130, I-130A, I-485, I-864, and I-944.

    Forms I-131 and I-765 are optional but recommended (free with AOS).

    Under which category did you file the I-765?
    Canadian on F-1 married to USC (SSM)
    Field office: Manhattan/NYC

    09/21/2019: Delivered to Chicago
    09/25/2019: Fees charged
    09/30/2019: Case received
    10/04/2019: Biometrics appt received
    10/15/2019: Fingerprints taken
    10/16/2019: Fingerprint review complete
    11/14/2019: Ready to be scheduled

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    • #3
      My category was K3-A-9. But I am just told that it was wrong, it should be (c)(9)().
      So, I have to apply again with all these forms you just mentioned.
      Also, one last question, about I-864. So if i have my husband and my brother sponsor me, then is this same form or any sub category would work.
      Thanks and Regards,

      Comment


      • #4
        You cannot file I-765 to apply for an EAD based on Adjustment of Status if you have not filed I-485 for Adjustment of Status. So assume that the I-765 will be denied.

        I will assume you filed I-130 with I-130A since it was a petition for a spouse.

        You should file I-485 for Adjustment of Status ASAP with a copy of your I-130 receipt. The I-864 Affidavit of Support needs to be filed with I-485. The I-693 medical can be filed with the I-485 or later. There are many supporting documents that need to be filed with I-485; see the instructions for details. Like the other poster said, you can and should file I-765 for EAD and I-131 for AP for free with I-485.

        If your spouse's household income is insufficient and you will be using your brother as a "joint sponsor", then your spouse would file an I-864 as the petitioner and your brother would file a second I-864 as the joint sponsor.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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