Eligibility Category with Form I-765 with AOS of K-1 Visa

[tjs_May2016 0]

Good afternoon,

I am in the process of submitting the forms for AOS/EAD/AP after being married in May on a K-1 Visa.

Form I-765 requires identifying the eligibility category to be identified. Any of the example forms that I have seen online indicate that this answer is ©(9) for K-1 visa holders. However, I cannot seem to locate this option in the instructions. I am wondering if the forms and instructions have been updated. From my review of the instructions at https://www.uscis.gov/i-765, I think I would qualify as (a)(7) where I am filing for AOS but I cannot find anything online to validate this.

Would anyone have any recent experience with this form?

Thank you!

[Merrytooth 5,748]

Page 5.

6. Family-Based Nonimmigrant Categories

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).

7. EAD Applicants Who Have Filed for Adjustment of

Status

A. Adjustment Applicant--©(9). File Form I-765

with a copy of the receipt notice or other evidence

that your Form I-485, Application for Permanent

Residence or Adjust Status, is pending. You may

file Form I-765 together with your Form I-485.

-------------------------------------------

If you are filing for EAD alone (without I-485) based on K1 visa within 90 days entry, it is a(6).

If you are filing for EAD together with I-485, it is c(9)

[tjs_May2016 0]

So it appears that the entry we make is the ©(9) beside the entry, not the 7.A. that identifies the section we found it in in the instructions?

My misunderstanding. Thank you.

[newacct 688]

Yes, C 9

[KayDeeCee 4,891]

You are not N-8 or N-9, so not sure why you thought it was (a )(7 ).

You are K-1, but you are not applying as a K-1 before AOS, which is (a )(6 ).

You are filing for AOS, which makes you an adjustment applicant. The category is (c )(9 ). The example form here on VJ is correct.