Will they approve an i765 EAD without an i485 AOS application?

[couchpilot]

Wife is a full American citizen and I am Canadian. We filed the I130 right away and it was approved.

Then we ran into some trouble, our initial plan for income fell apart. In addition to that, a family member that we were going to include on the affidavit of support lost their job. Now we don't meet the required income on the affidavit of support to file the i485, and our limited savings are dwindling.

FF to present: Wife has a new job with better income, but still not quite where it needs to be for the application, other member still cannot help. Far from ideal situation and completely unforseen, but here we are. I need the work permit approved so that we can both afford the filing fees and meet the mimimum income requirement for the 485 application.

I've sent in the i765 already, and I haven't seen any mention in these forums of anyone doing it this way. So my question is, will they approve the i765 on its own without a i485 on file, or am I SOL?

[newacct]

Well, what basis did you select on the I-765? If you selected (c)(9) (AOS applicant), then that would require you to file it together with an I-485 application, or attach an I-485 receipt. If you didn't, then you don't satisfy the basis that you selected. If you selected some other basis (not sure what other basis you could select), then the eligibility depends on whether you qualify for, and submitted the documents for, that other basis.

[couchpilot]

Well, what basis did you select on the I-765? If you selected (c)(9) (AOS applicant), then that would require you to file it together with an I-485 application, or attach an I-485 receipt. If you didn't, then you don't satisfy the basis that you selected. If you selected some other basis (not sure what other basis you could select), then the eligibility depends on whether you qualify for, and submitted the documents for, that other basis.

Okay so you are saying that the 765 HAS to be based on another application, it cannot be submitted standalone?
Of the elegibility catagories available, I selected (A)(9) (Nonimmigrant Spouse of US citizen) as that appeared to most closely fit my catagory. I did not select (c)(9) as I had not already submitted the AOS. We also had initially intended to apply for a spousal visa before we realised that the AOS was more ideal.

[newacct]

Okay so you are saying that the 765 HAS to be based on another application, it cannot be submitted standalone?
Of the elegibility catagories available, I selected (A)(9) (Nonimmigrant Spouse of US citizen) as that appeared to most closely fit my catagory. I did not select (c)(9) as I had not already submitted the AOS. We also had initially intended to apply for a spousal visa before we realised that the AOS was more ideal.

EADs are only available to a few specific situations. Random foreigners can't just come to the US and apply for employment authorization.

(a)(9) is for people in K-3 status, i.e. if you entered the US on a K-3 visa. That doesn't apply to you. (And in fact, this is obsolete as nobody gets K-3 visas anymore.)

[couchpilot]

EADs are only available to a few specific situations. Random foreigners can't just come to the US and apply for employment authorization.

(a)(9) is for people in K-3 status, i.e. if you entered the US on a K-3 visa. That doesn't apply to you. (And in fact, this is obsolete as nobody gets K-3 visas anymore.)

Thanks for your response.
So in other words, not only did I fill out the application incorrectly, but now my only option is to submit the 485 AOS and wait. Wonderful.
I was focused on the "Spouse" part of the category. I wish the descriptions were clearer.

Any idea if I can now adjust the category I applied under for the existing application? I sure hope I don't have to start over.

[newacct]

Any idea if I can now adjust the category I applied under for the existing application? I sure hope I don't have to start over.

I don't think so, and it wouldn't help anyway. When filing AOS you can apply for both EAD and Advance Parole for free.

[couchpilot]

Alright. Thanks, I appreciate the help.