Instructions For Filing Form I-765 With The Immigration: Fill & Download for Free

I think you are confusing yourself with the purpose of each petition type. I-130 is the immigrant petition for an Alien Relative by a US Citizen or a Permanent Resident. This is the first step where you are seeking an approval from USCIS to QUALIFY a relative to immigrate to the US. Once USCIS approves the petition, you will have to file the I-485 petition to adjust the beneficiary's status. I-765 allows you to simulataneously apply for temporary work privileges while the I-485 application is pending. Based on special directives from USCIS, some immigrant petition categories can file the I-130, I-485 and I-765 concurrently if the beneficiary is already in the US legally on another non-immigrant visa.Here are the general instructions posted on the USCIS website on who qualifies for filing an I-765 -https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf?download=1So to answer your question, I-765 is not an automatic benefit of filing I-130. The I-130 needs to be approved first before you can petition USCIS with the I-765 when you file an I-485. In the case you filed all of the above concurrently, USCIS will not adjudicate until the decision for the I-130 is reached.Good luck.

I may not want to miss even a single document from the list hence pasting a link below which is a step by step guide for obtaining H4 EADhttp://www.immihelp.com/h4-visa-ead/documents.htmlEligibility RequirementsYou are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; orHas been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.How to ApplyYou must file Form I-765 and receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.While USCIS currently is continuing to accept the older version of Form I-765 with an edition date of 05/27/08 or later, we encourage H-4 applicants to use the newer version with an edition date of 02/13/15 in order to prevent delays or the need for USCIS to issue you a request for evidence.Carefully follow these steps to prevent your application from being rejected and returned to you:Complete Form I-765 using the Instructions for Form I-765. USCIS will reject any application that is not accompanied by the proper filing fees or signature. The fee is $380. You cannot file Form I-765 for category (c)(26) together with a Form I-485, Application to Register Permanent Residence or Adjust Status at the Lockbox address for Form I-765 category (c)(26). If filing a Form I-485, you must follow the Form I-485 filing instructions and submit your Form I-485 to the correct filing address for that form. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). Note: If you are filing Form I-765 together with Form I-485 at the USCIS location noted for Form I-485, you should specify your work eligibility category as (c)(9) and pay only the Form I-485 filing fee (and not the Form I-765 filing fee) to avoid processing delays.Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.Evidence of…Can be shown by submitting…Your H-4 statusA copy of your most recent Form I-797, Notice of Action, for Form I-539, Application to Extend/Change Nonimmigrant Status; orA copy of Form I-94, Arrival/Departure Record, showing your admission or extension of stay as an H-4 nonimmigrant.A government-issued identification document with photoA copy of your last EAD (if any);A copy of the biometric page of your passport;A birth certificate with photo ID;A visa issued by a foreign consulate; orA national identity document with photo.Your relationship to theH-1B nonimmigrantA copy of your marriage certificate.Your basis for eligibilityEvidence that the H-1B nonimmigrant is the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140).You may show this by submitting a copy of the H-1B nonimmigrant’s Form I-797 approval notice for Form I-140;OREvidence that the H-1B nonimmigrant has received an extension of stay under AC21 sections 106(a) and (b).You may show this by submitting:1. A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and2. Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay:Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the expiration of the six-year limitation of stay. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification;ORBased on a Pending Form I-140. If the preference category sought for the H-1B nonimmigrant does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days prior to the expiration of the six-year limitation of stay and remains pending. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140.Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for work authorization as an H-4 spouse. For example, such information may include the receipt number of the H-1B nonimmigrant's most current Form I-129 extension of stay request or the receipt number of the H-1B nonimmigrant's approved Form I-140 petition. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization.Photos for card productionTwo identical two-by-two-inch passport-style color photographs of yourselfHope this helps

Disclaimer: I'm not a lawyer...This is assuming she is a US citizen and you are not currently in the US. If she is not a US citizen, or if you were visiting her in the US (on a legal non-immigrant visa) and you decided to get married all a sudden the process is a little different. You can read all about the alternatives here: www.uscis.govUnless you have some complex personal history, can't pass a background check, or cannot follow simple instructions there's no reason to pay for an immigration attorney. My wife immigrated to the U.S. after we got married; no expensive lawyer needed. Just read and follow the instructions and keep copies of EVERYTHING (including copies of your application before you mail it).All the forms and instructions are available online.For a fiancé, the U.S. citizen has to file form I-129(f) with USCIS. For a spouse, the U.S. citizen has to file forms I-130 and I-129(f).Always read the pdf instructions for every form! They will tell you what additional forms and documents you need to submit to complete your application. You should also read the instructions for I-765 (employment authorization) and I-131 (travel authorization). Often you can submit these forms with your initial application. That way, you will be able to get a job and travel while your application for a green card is in progress. If you complete I-131 you will want "advance parole" and will have to give a reason. An acceptable reason could be "need permission to travel for potential future travel. For example, may have to visit my family in country X on short notice in the case of a family emergency."You can read about it on the USCIS pages here:How to help a relative of a US citizen become a permanent resident - www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdfForm I-129(f) - www.uscis.gov/i-129fForm I-130 - www.uscis.gov/i-130Form I-131 - www.uscis.gov/i-131Form I-765 - www.uscis.gov/i-765The current wait time for an I-129(f) to be processed is ~6 months - https://egov.uscis.gov/cris/processTimesDisplayInit.do