I-765, line 16 detail

[thongd4me 69]

6. Family-Based Nonimmigrant Categories -

K-1 or K-2 -- (a)(6)

File form I-765 if you are filing within 90 days from

the date of entry. This EAD cannot be renewed.

Any EAD application

other than for a replacement must be based

on your pending application for adjustment

under ©(9).

Is this a trick question?

I looked throughout the instructions to find another

reference to ©(9) and came up empty.

I'm pretty sure it should be (a)(6) because we

have no pending application for adjustment, but

I don't know if the act of filing the I-485 together

with this indicates such a "pending application."

English is my native language but this is kind of

mind-boggling.

[payxibka 10,045]

If you are submitting the I-765 without an I-485 then it is A 6

If you are submitting the I-765 in conjunction with an I-485 (concurrent filing is considered "pending") then C 9

[thongd4me 69]

If you are submitting the I-765 without an I-485 then it is A 6

If you are submitting the I-765 in conjunction with an I-485 (concurrent filing is considered "pending") then C 9

In my OP I suspected that was the case, but not seeing the I-485 mentioned specifically in the

instructions I got a little panicky and wrongly assumed the bolded category (a)(6) at the top.

Our plans are to submit both together. I didn't think concurrent filing was considered "pending"

but hey, live & learn.

I'm going over all the forms with a fine-toothed comb before sending them in once the

I-94 mess is sorted out one way or another. They really gave her the hustle there and

pulled a fast one. I'm prepared to pay the fee but won't give up without a fight.

Edited January 13, 2010 by thongd4me