i-765 Eligibility Category

[EmilyJD 0]

Q27 says to refer to the who may file form section. However it is not clear what category i fall into.

 

I came into the US as a visitor with my ETSA. I got married. I am now applying to stay with my husband here in the US. 

Would anyone know what section this is? I can not find it myself and i called immigration and asked for clarification and they told me i have to ask a attorney. 

I think it may be c 9: Adjustment applicant under section 245, but its all gibberish to me and i am un certain. 

 

I can not post all the option here as there are 12 pages of it.  But here is the question: 

Information About Your Eligibility Category

27. Eligibility Category. Refer to the Who May File Form I-765 section of the Form I-765 Instructions to determine the appropriate eligibility category for this application. Enter the appropriate letter and number for your eligibility category below (for example, (a)(8), (c)(17)(iii)).

(   )(   )(   )

 

 

[mushroomspore 3,043]

All marriage-based adjustment of status cases are c9.

[EmilyJD 0]

5 minutes ago, mushroomspore said:

All marriage-based adjustment of status cases are c9.

Hi there thank you for your reply. This is c9:

16. U Nonimmigrant Adjustment of Status--(c)(9). If you led Form I-485 to adjust your status from a U-1, U-2, U-3, U-4 or U-5 Nonimmigrant to a lawful permanent resident, you may le Form I-765 along with Form I-485 if you are seeking an EAD. You should also include evidence of your U nonimmigrant status (for example, an approval notice or copy of your passport with your U nonimmigrant visa). If you le Form I-765 after ling your Form I-485, submit a copy of your Form I-485 receipt notice. While your Form I-485 is pending, we will extend your U nonimmigrant status until we make a decision on your Form I-485.

 

When i search what a U nonimmigrant is:

The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

 

I am a wife not a victim of crime. I am very confused.

[mushroomspore 3,043]

5 minutes ago, EmilyJD said:

Hi there thank you for your reply. This is c9:

16. U Nonimmigrant Adjustment of Status--(c)(9). If you led Form I-485 to adjust your status from a U-1, U-2, U-3, U-4 or U-5 Nonimmigrant to a lawful permanent resident, you may le Form I-765 along with Form I-485 if you are seeking an EAD. You should also include evidence of your U nonimmigrant status (for example, an approval notice or copy of your passport with your U nonimmigrant visa). If you le Form I-765 after ling your Form I-485, submit a copy of your Form I-485 receipt notice. While your Form I-485 is pending, we will extend your U nonimmigrant status until we make a decision on your Form I-485.

 

When i search what a U nonimmigrant is:

The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

 

I am a wife not a victim of crime. I am very confused.

Except you are not adjusting from a U visa, so this doesn't even apply to you...

 

This is your category (top of page 10 on I-765 instructions):

7. EAD Applicants Who Have Filed for Adjustment of Status
A. Adjustment Applicant--(c)(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.

Edited November 5, 2018 by mushroomspore

[EmilyJD 0]

7 minutes ago, mushroomspore said:

Except you are not adjusting from a U visa, so this doesn't even apply to you...

 

This is your category (top of page 10 on I-765 instructions):

7. EAD Applicants Who Have Filed for Adjustment of Status
A. Adjustment Applicant--(c)(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.

Hi thanks for helping, Do you know if you are looking at the most recent version of the form, my page 10 does not say that. Sorry for being confusing. 

[mushroomspore 3,043]

3 minutes ago, EmilyJD said:

Hi thanks for helping, Do you know if you are looking at the most recent version of the form, my page 10 does not say that. Sorry for being confusing. 

Oh sorry I was looking at an old version. On the new version, it's in the middle of page 11. 

Edited November 5, 2018 by mushroomspore

[EmilyJD 0]

4 minutes ago, mushroomspore said:

Oh sorry I was looking at an old version. On the new version, it's in the middle of page 11. 

Haha no worries, thank you. 

So the middle bit says about adjusting status under section 245. I can not find a section that is just regarding being a spouse. 

[mushroomspore 3,043]

4 minutes ago, EmilyJD said:

Haha no worries, thank you. 

So the middle bit says about adjusting status under section 245. I can not find a section that is just regarding being a spouse. 

That is what that category refers to. As I said above, all marriage-based adjustment of status EAD applications are under c9.

Edited November 5, 2018 by mushroomspore

[EmilyJD 0]

2 minutes ago, mushroomspore said:

That is what that category refers to. As I said above, all marriage-based adjustment of status EAD applications are under c9.

Ooo Ok. I think i understand now.

Thank you so much!! Sorry it took a little while 😂

[mushroomspore 3,043]

5 minutes ago, EmilyJD said:

Ooo Ok. I think i understand now.

Thank you so much!! Sorry it took a little while 😂

It's cool. You're just getting started on the process and there's a lot to learn. Marriage-based applications are the easiest to handle though and a lot of people (myself included) do it ourselves. Just takes some reading and research. Don't forget to do the Advanced Parole (I-131) form as well. Good luck!