Supplement a for i-485

D

daanmogot

New Member
Hello everyone,

I am a permanent resident and I apply I-130 for my wife. She's in USA now.
Her I-130 being approved & NVC also got her Visa#.
I called USCIS to ask if she can apply I-485 now & they said YES.

My wife used to study here & she has SS# but she doesn't have Employment Authorization Card yet.
At 2006 until 2008 my wife worked without Employment Authorization Card.

When I read the instruction Supplement A for I-485 Form
It said at 1E "Pay a $1,000 penalty fee (unless exempted) & 2B "Alien who work without authorization"

My question is :
1. Do I need to fill Supplement A for I-485 Form or not ?
2. Is my wife status fall into 1E & 2B ?
3. Do I have to pay $1,000 for penalty fee or not ?

Any help & information is really appreciating.

Thank you
 
daanmogot said:
At 2006 until 2008 my wife worked without Employment Authorization Card.
Click to expand...

Uh oh.

Unless your I-130 was filed on or before April 30th, 2001, you are not eligible to file the I-485A, and unless you become a US citizen (or file I-485A) she is not eligible to file an I-485 at all.
 
Thank you Mr. TheRealCanadian for your quick respond.

When the 1st time I read the instruction I-485 form, I know that you are not eligible to aplly I-485 if you were employed in US without USCIS authorization.
And then I saw Supplement A Form, so I tought my wife can still apply I-485, because at that form it mention about if you were employed in US without USCIS authorization and we must pay the penalty fee $1,000.

If my wife not eligible to apply I-485 so what the purpose of Supplement A ?

I hope you can explain it more detail to me Mr. TheRealCanadian because I'm really confuse about this.

Thank you again..
 
You should ask your wife whether she was under the 245 i . I had to file supplement form a and pay the $1,000 extra. I was working the same years and I had to file supplement form A . If your wife has a SSN then I'm guessing at one point she did have an EAD but it is expired and for whatever reason couldn't renew her EAD . If this is so , then yeah she would have to file supplement form A.
 
nesss88 said:
You should ask your wife whether she was under the 245 i . I had to file supplement form a and pay the $1,000 extra. I was working the same years and I had to file supplement form A . If your wife has a SSN then I'm guessing at one point she did have an EAD but it is expired and for whatever reason couldn't renew her EAD . If this is so , then yeah she would have to file supplement form A.
Click to expand...

My wife file her I-130 at 2006 & she got her SSN from her college & she didn't have an EAD.
 
TheRealCanadian said:
Supplement A is for people who are eligible for relief under 245i. if your I-130 was filed after April 30, 2001 you are not eligible.
Click to expand...

My wife file her I-130 at 2006 so that's mean she's not eligible.
Is there any other way for her so she can have her I-485 beside I become a US Citizen ??
 
You must log in or register to reply here.
Top