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Filed: AOS (pnd) Country: Ireland


I am about to send the EAD application with the AOS and I have a question about what category to fill in on line 16 of the form, it says to go to part 2 of the instructions, it says for K-1 fiance of US citizens is category (a) 6, but it then says that it can be filed under category c 9, with a receipt or other evidence that the AOS is pending, and then it says that both the AOS and EAD, can be filed together????

we are not sure which to put on the form and what about the recepit, you obviously can't send a recepit for the AOS to put in with the EAD if they are sent together?

please help!!

also is there an issue if you don't file for AOS within 90 days of entering the country?

thanks for all your help, this website is a Godsend

Edited by RK1031
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Filed: Citizen (apr) Country: Canada

When I did the EAD, I put down c(9) for the adjustment of status. I think if you put the K1 visa, it will only be valid for the time that your spouse's K1 is good for (aka: 90 days).

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

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Filed: Citizen (apr) Country: Morocco

Yes, a6 is the category if you wanted to apply immediately upon arrival for an EAD. However, that EAD is valid only as long as your K1 status, i.e. 90 days.

Use c9 if you are a K1 visa holder adjusting status. Don't worry about evidence of I-485 submission, as you'll be submitting both applications together.

There is not an issue if you do not file for AOS within the 90 days. However, after the 90 day period you are considered out of status if you have not field for AOS. Accumulating 180 days out of status could potnetially lead to problems.

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