I765 and I131 questions

[chelavnzuo]

Hi I'm applying for green card via marriage and would like to understand if I need to complete the I765 and I131 forms.

I'm a Canadian citizen currently working and residing in the US on TN1 work visa.

My understanding is that:
1. since I have a valid TN1 work visa, there's no need for me to complete I765 (employment permit).
2. since I have a valid Canadian passport (visa free entry to the US) as well as a valid TN1 work visa, there's also no need for me to complete I131 (Re-entry permit).
3. only 3 forms my spouse and I should complete I130, I485 and I864 (along with other supporting documents such as marriage record, birth certificate, photos etc).

Is my understanding correct?

Thanks in advance

[okccanary]

Hi I'm applying for green card via marriage and would like to understand if I need to complete the I765 and I131 forms.

I'm a Canadian citizen currently working and residing in the US on TN1 work visa.

My understanding is that:
1. since I have a valid TN1 work visa, there's no need for me to complete I765 (employment permit).
2. since I have a valid Canadian passport (visa free entry to the US) as well as a valid TN1 work visa, there's also no need for me to complete I131 (Re-entry permit).
3. only 3 forms my spouse and I should complete I130, I485 and I864 (along with other supporting documents such as marriage record, birth certificate, photos etc).

Is my understanding correct?

Thanks in advance

Hi

I am assuming this is for your initial Green card and not your removal of conditions? If so you might also want to check out the adjustment of status forum (https://www.immihelp.com/forum/adjus...-status-i-485/) on this site where people getting their initial green card post. There is some really good info in that part and a lot of people going through the initial green card process.

For your questions this is my personal opinion and no where near based in fact so here goes.

When I was changing status I was on a H1B visa changing status via marriage to a US citizen like you.

1. I am not sure what a TN1 visa entitles you to work wise but with H1B I was tied to the company I worked for. I still applied for the employee permit because that now opened the option of being able to work anywhere rather than being tied to that one place and if I was let go by my current employer it would have been a lot easier to start a new job else where. Do you need it? Probably not but its nice to know that you now have that option, that if someone offered you a dream job during the process and you have the EAD you can now take it without worrying about more paperwork and likewise it doesn't cost anymore so why not just apply for it! (Although I did not receive my EAD card until like a week or two before I got my Green card it was still nice to know that I was going to be receiving it and opening up my options)

2. I am from the UK and we have a similar relationship with the US. To be honest I am not 100% sure whether you need one or not so I would ask a lawyer or ask a fair few people on here before deciding. I did not apply for it but I also knew I wasn't going to be leaving the country and therefore there was no need for it. If you think you will be leaving the country then i would error on the side of caution and still apply for it as its probably better to have too much stuff rather than too little docs for travel. At least this way they cant claim you were deserting your application as you now definitely have the permission to come and go. Therefore if you asked me and you knew you were going to be leaving the country then I would say still apply. But once again I have very little knowledge in this area.

3. I cant remember what form numbers I sent but I do remember there were three main ones, therefore I am assuming those would be the ones you need. This is why I would recommend posting this on the adjustment of status forum as that is where initial green card posters post and therefore will be a lot more current and knowledgeable on what forms you need.

TLDR: Do you need them? Probably not but I would still apply for them all anyway and error on the side of caution. You have nothing to lose.

Hope this helps!

[newacct]

Since you don't have H1b/H4/L1/L2/K3/K4/V status, if you leave the US while I-485 is pending without Advance Parole, you will automatically abandon your I-485. You don't have to use Advance Parole if you get it, but it's nice to have that option just in case something unexpected happens. The same thing is true for EAD -- you don't have to use it if you get it, but it's nice to have that option in case you unexpectedly need to change your job.

Both I-765 for EAD and I-131 for AP are free for I-485 applicants, so you have nothing to lose.