Which "Eligibility Category" do K-1 fiance(e)s use for the I-765 form?

[Karen_and_Jay 2]

My wife came to the US as a K-1 fiancee visa holder, and we're now married. We're filing the I-765 EAD along with the I-485 AOS within the 90-day limit of her arrival in the US.

On the top of the 2nd column of Page 4 of the I-765 instructions under "6. A. K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent", it lists the eligibility category ( a )( 6 ). However, VisaJourney's sample I-765 form, http://www.visajourney.com/examples/INS-Form-I-765.pdf, shows the eligibility category should be ( c )( 9 ). Upon seeing this, I then looked at the instructions again and noticed that the final sentence of the paragraph states "Any EAD application other than for a replacement must be based on your pending application for adjustment under ( c )( 9 )."

So which is it -- ( a )( 6 ) or ( c )( 9 )?

Edited September 7, 2010 by Karen_and_Jay

[amykathleen2005 441]

C9

Edited September 7, 2010 by amykathleen2005

[Anh map 2,098]

You are applying for employment authorization based on the application for adjustment of status, not based on the K1 visa. So ©(9) would be entered.

[Karen_and_Jay 2]

Thanks for the QUICK responses, guys!

You are applying for employment authorization based on the application for adjustment of status, not based on the K1 visa.

I didn't think one could apply for employment authorization based on the K-1 visa, so I was confused about why there were two eligibility categories for Family-Based visas. Personally, I think that paragraph in the I-765 instructions is worded poorly and is unnecessarily confusing. But that is the case for many government documents, I guess.

Thanks!

[Karen_and_Jay 2]

I have a followup question:

Where in the I-765 instructions does it say that K-1 visa holders who are adjusting status do not need to pay the $340 filing fee for Form I-765?

I know that we shouldn't have to pay that fee, but once again, I can't make sense of the I-765 instructions. On Page 7, under exceptions to the filing fee for the initial EAD, ©(9) [and (a)(6), for that matter] is not listed as an eligibility category that is exempt from paying the fee. Under exceptions for a EAD renewal fee, however, the ©(9) category is listed, but we are not renewing the EAD. What gives? Why isn't the ©(9) category listed as being exempt from paying the EAD fee in the I-765 instructions?

[amykathleen2005 441]

Special Instructions: "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, onJuly 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765"

Instructions here

Edited September 8, 2010 by amykathleen2005

[Karen_and_Jay 2]

Special Instructions: "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, onJuly 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765"

Instructions here

Thanks again! I guess the information on their web site is to be trusted over the .pdf file. But why couldn't they also say that in the .pdf file of the instructions too?

[amykathleen2005 441]

In the PDF instructions it is on the 8th page first note.

[tyronejglover 0]

My finance - now wife, applied for a social security card today. She was listed as being eligible to work. What does this mean? We want to apply for the I-765 but I have been reading that it only authorizes word during the 90 days and after the 90 days she would not be allowed to work. We will be applying for the I-485 in February but that will be after the 90 days elapses and from my understanding, that can be a long process.

 

Any suggestions? She would like to work as quickly as possible. Should she apply for the I-765 or at this point should we just wait and file the I-485?

 

Thanks

[Suss&Camm 2,213]

33 minutes ago, tyronejglover said:

My finance - now wife, applied for a social security card today. She was listed as being eligible to work. What does this mean? We want to apply for the I-765 but I have been reading that it only authorizes word during the 90 days and after the 90 days she would not be allowed to work. We will be applying for the I-485 in February but that will be after the 90 days elapses and from my understanding, that can be a long process.

 

Any suggestions? She would like to work as quickly as possible. Should she apply for the I-765 or at this point should we just wait and file the I-485?

 

Thanks

As stated in this thread from 2010 that you posted in you should use the ( c)(9 ) category for eligibility for work. This one will give a temporary EAD based on your pending i-485 that you file with it (I'm assuming you are). This EAD can be renewed until you get the green card.. and can also be applied for as a combo card with advanced parole (form i-131) to travel. 

The category that only grants eligibility to work until the i-94 expires is (a )(6 ).

Here's more on the whole process

http://www.visajourney.com/content/k1k3aos

 

Her being eligible to work means that once she gets her EAD she can work.

It was just asked about here

 

If you use the site search tool you will find a lot of more info on this too good luck

[Scandi 3,970]

2 hours ago, tyronejglover said:

My finance - now wife, applied for a social security card today. She was listed as being eligible to work. What does this mean? We want to apply for the I-765 but I have been reading that it only authorizes word during the 90 days and after the 90 days she would not be allowed to work. We will be applying for the I-485 in February but that will be after the 90 days elapses and from my understanding, that can be a long process.

 

Any suggestions? She would like to work as quickly as possible. Should she apply for the I-765 or at this point should we just wait and file the I-485?

 

Thanks

There's no point in applying for EAD now, if you did it would only be valid for as long as her i-94 is valid. It'd also take about 90 days just to get the EAD approved, meaning her i-94 would already be invalid by then, meaning you just spent a quite big amount of money on nothing.

 

The EAD is free if you apply for it when you apply for AOS.

 

 

The sentence on her SSN card states that she can work when she gets her EAD or greencard.

Edited January 5, 2017 by Scandi

[Suss&Camm 2,213]

1 hour ago, Scandi said:

There's no point in applying for EAD now, if you did it would only be valid for as long as her i-94 is valid. It'd also take about 90 days just to get the EAD approved, meaning her i-94 would already be invalid by then, meaning you just spent a quite big amount of money on nothing.

 

The EAD is free if you apply for it when you apply for AOS.

 

 

The sentence on her SSN card states that she can work when she gets her EAD or greencard.

She didn't get the card yet so I think OP meant the same statement as the member from the thread I linked. From the paper you get after applying.

[Becci391 339]

I mistakenly put A6 in the eligibility category instead of C9.

My AOS and EAD application is based on marriage.

I received NOA1 on March 15th.

 

What should I do?

[Scandi 3,970]

15 minutes ago, Becci391 said:

I mistakenly put A6 in the eligibility category instead of C9.

My AOS and EAD application is based on marriage.

I received NOA1 on March 15th.

 

What should I do?

If you received NOA1 that means they changed the category for you. You're lucky, many times they just reject the application and send it back to you.

Edited March 17, 2017 by Scandi

[Becci391 339]

4 hours ago, Scandi said:

If you received NOA1 that means they changed the category for you. You're lucky, many times they just reject the application and send it back to you.

That was just the email and text message NOA, not the hardcopy version.