Couple questions about I-765 and I-485

[spicer650 0]

Hello everyone, just a little background information. My wife and I started this process with the K1 visa, she arrived here july 21st we were married sept 12th and now we're getting our AOS ready to sent out along with our EAD. The reasons we came here for help are A) We want to make sure that we do it correctly B) I was reading about a couple filing somehow wrong and they had to wait until the AOS was completed before the EAD would be complete, I definitely don't want this to happen.

So anyways here we go, we're filing the two forms together (because of above reasons) and I also heard that if you do file them together that now the fee for the EAD is waived which would be great. Our question though is on form I-765 question 16 when it comes to picking our eligibility number I'm not sure if we should file it as a (a)(6) which is the K1 family based non-immigrant or if we should file it under ©(9) the category for EAD applicants who have filed for AOS under the family based adjustment applicant category. It would be great to hear everyones input and again just to sum it up because I did ramble some our goal is to:

A) Have my wife be able to work even before the AOS is complete

B) Not have to pay the fee for her EAD

C) File the 765 and 485 together

[payxibka 10,048]

If the I-765 is filed with the I-485 then it is C9

If you file the I-765 before the I-485 then A6 but the EAD will expire with the I-94. A waste of time and money as it will never be done in time to benefit you.

[spicer650 0]

If the I-765 is filed with the I-485 then it is C9

If you file the I-765 before the I-485 then A6 but the EAD will expire with the I-94. A waste of time and money as it will never be done in time to benefit you.

Okay so then I'll file it as C9 and that will allow my wife to be able to work within a couple weeks right? We're just very worried about that aspect of it because she and I are wanting to be financially stable for obvious reasons.

[Steph0814 1]

Hi there,

I just wanted to clarify that the time that USCIS quotes for you to get the EAD is 90 days and this is if you don't receive any additional requests for evidence.

Of course some people have received thiers in a lot less than that, BUT I would just caution you that its not "a few weeks"

Sorry I just wanted to point that out so you are not disapointed when it doesn't happen as quickly as you imagine it too.

I thought I would at least have my interview date by the 6th month after filing and I don't even have my EAD yet.