AOS - EAD Form I-765 /Filing after 90 days of Entry

[Gilbert&Pinch 0]

Hello! Hope everyone had a great holiday!

We are now ready to file for our AOS and read instructions for form I-765. On Item 6a on page 4, it states:

6. Family-Based Nonimmigrant Categores

A. K-1 Nonimmigrant Fiance(e) of U.S Citizen or K-2 Dependent --(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).

Does this mean that we cannot use Form I-765? If so, what form should we be using?

Thank you so much for your assistance!

Gilbert & Pinch

[I AM NOT THAT GUY 5,715]

No, that is the right form. You file that along with the I-485. It's been a while since we did that form, but the status you file under is as an applicant for adjustment of status -- ( c ) (9)

Edited January 5, 2012 by ☼

[Operator 1,927]

This is the right form. in Block 16 your eligibility reference is ( C ) ( 9 ).

Edited January 5, 2012 by Operator

[Gilbert&Pinch 0]

No, that is the right form. You file that along with the I-485. It's been a while since we did that form, but the status you file under is as an applicant for adjustment of status -- ( c ) (9)

Thanks for the reply....So, this is still the right form to use even if the k1 visa expired on 10/06/2011 and we are just applying our AOS now. So can we still apply for EAD?

[Travis and Meghan 24]

It is the right form because you are filing with your I-485

[I AM NOT THAT GUY 5,715]

Thanks for the reply....So, this is still the right form to use even if the k1 visa expired on 10/06/2011 and we are just applying our AOS now. So can we still apply for EAD?

Yes. As long as you file along with your adjustment of status. That saves you some money as well.

[Dave&Roza 748]

Hello! Hope everyone had a great holiday!

We are now ready to file for our AOS and read instructions for form I-765. On Item 6a on page 4, it states:

6. Family-Based Nonimmigrant Categores

A. K-1 Nonimmigrant Fiance(e) of U.S Citizen or K-2 Dependent --(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).

Does this mean that we cannot use Form I-765? If so, what form should we be using?

Thank you so much for your assistance!

Gilbert & Pinch

What you are reading is IF you file for EAD while on a K-1 visa AND not married as the EAD will expire when the I-94 does and given the processing times this is a waste of money. You use this form to file for EAD at the same time you file AOS as others have stated. Please keep in mind that this is a form drafted by our government to cover all possible situations which makes it confusing. If it was crystal clear, then they would not be doing their job now would they. .

Dave

[Gilbert&Pinch 0]

THANKs for the replies!!

[baron555 934]

Hello! Hope everyone had a great holiday!

We are now ready to file for our AOS and read instructions for form I-765. On Item 6a on page 4, it states:

6. Family-Based Nonimmigrant Categores

A. K-1 Nonimmigrant Fiance(e) of U.S Citizen or K-2 Dependent --(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).

Does this mean that we cannot use Form I-765? If so, what form should we be using?

Thank you so much for your assistance!

Gilbert & Pinch

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