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Dave Moseley

EAD Renewal from K1?

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Hello all, once again I require some guidance on what to do here...

My Employment Authorization Card (i-766) expires May 29th of this year. I initially applied for it at the same time as my adjustment of status from entering with a K1 fiancee visa. That AOS is still ongoing, and after 8 months of silence I just received a notice in the mail requesting some further information, so it won't be wrapping up any time soon. I obviously need to renew my work permit, and my job is chasing me up for updates so they can cover themselves.

However, I'm reading the instructions of form i-765 (which I believe is what I'm filing once again?) and I see this which worries me:

6. Family-Based Nonimmigrant Categories

1. K-1 Nonimmigrant Fiancee of US Citizen or K-1 Dependant --(a)(6) File form I-765 if you are filing within 90 days from the date of entry. This EAD cannot be renewed.

Is there another form I'm supposed to issue for a renewal in this case? Do I disregard this line because of the length of time my AOS has taken? And will there be an additional cost to renew even though I am still in the process of applying for AOS?

Thanks once again for all the assistance!

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EAD renewal is FREE!

See here: http://www.uscis.gov.../i-765instr.pdf top of page 8 (this is in the filing fee section) it says for "renewal EAD" if you're filing under category C9 (which is what a pending AOS is) then there's no fee.

USCIS recommends you file for renewal documents 120 days before your current documents will expire.

In short, you should file for a renewal AP and EAD immediately.

Done with K1, AOS and ROC

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You are misunderstanding your EAD. A K-1 is entitled to an EAD - under the A-6 code - just by virtue of being an K-1 after PoE. Given that you have to pay the application fee, wait ~90 days for it to be processed, and the fact it will only be valid for 90 days from PoE, this makes it essentially worthless.

What you have is an EAD based on a pending adjustment of status application, under the category code C-9. This EAD (and AP) can be renewed as many times as you need it to, at no charge each time.

USCIS recommends that you file for renewal documents 120 days before your present documents will expire. Applying now means you may not have your renewals approved by May, and would need to take an unpaid leave of absence from the day your present EAD expires to the day your new EAD was in your hands.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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