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Posted (edited)

My wife previously had a J-1 Visa before she had a K-1 visa. She cannot remember with the J-1 visa if she ever had to apply for EAD.

1. Question 12 asks ever applied for EAD?

2. Confused on 21 c. Travel Document?

3. 24 & 25 should be K-1?

4. 27 Should be C-9 and the rest of the 28-31b should be blank?

 

As always, thanks!

Edited by Zach2015
wasnt finished

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Posted (edited)
21 minutes ago, Zach2015 said:

My wife previously had a J-1 Visa before she had a K-1 visa. She cannot remember with the J-1 visa if she ever had to apply for EAD.

1. Question 12 asks ever applied for EAD?

2. Confused on 21 c. Travel Document?

3. 24 & 25 should be K-1?

4. 27 Should be C-9 and the rest of the 28-31b should be blank?

 

As always, thanks!

1.  With the J-1 visa she could work on campus w/o an EAD for up to 20 hrs a week.  If she worked more than 20 hrs a week or off campus she would have needed the EAD, other than that I sort of doubt she had an EAD


2.   No such critter in this case. 

 

3.   Yes .. K-1

 

4.  Eligibility Category for K-1  :   (a)(6)       (hurt my widdle feelings as I sorted that out and listed it on the AOS webpage.  :(  )  :lol:  

 

 

 

https://www.visaconnection-philippines.com/adjustment-of-status.html

 

 

Walang anuman ~ 

 

 

 

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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3 minutes ago, Hank_ said:

1.  With the J-1 visa she could work on campus w/o an EAD for up to 20 hrs a week.  If she worked more than 20 hrs a week or off campus she would have needed the EAD, other than that I sort of doubt she had EAD


2.   No such critter in this case. 

 

3.   Yes .. K-1

 

4.  Eligibility Category for K-1  :   (a)(6)       (hurt my widdle feelings as I sorted that out and listed it on the AOS webpage.  :(  )  :lol:  

 

 

 

https://www.visaconnection-philippines.com/adjustment-of-status.html

 

 

Walang anuman ~ 

1. She worked off campus for more than 20 hours. So she needs to dig for that paperwork..lol

4. Then what is this C-9 everyone is talking about?  I couldn't find your link.

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Posted (edited)
7 minutes ago, Zach2015 said:

1. She worked off campus for more than 20 hours. So she needs to dig for that paperwork..lol

4. Then what is this C-9 everyone is talking about?  I couldn't find your link.

 

 

Eligibility Category    <  click, then drop down to the I-765 Category tab, you will see that (a) (6) is for the K-1

 

Can't be c-9 :no:  as you haven't filed the I-485 yet, so there is not a pending status 

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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18 minutes ago, Hank_ said:

 

 

Eligibility Category    <  click, then drop down to the I-765 Category tab, you will see that (a) (6) is for the K-1

 

Can't be c-9 :no:  as you haven't filed the I-485 yet, so there is not a pending status 

I was filing all the forms together (I should have clarified). I-485, I-765, I-131 and the I-864. So does that make a difference on the answer?

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Posted (edited)
1 minute ago, Zach2015 said:

I was filing all the forms together (I should have clarified). I-485, I-765, I-131 and the I-864. So does that make a difference on the answer?

Nope.     C-9 would be if you already filed the I-485 and it is pending, then later you want to file the I-765 

 

Is your wife a K-1 ?     OK.   (a) (6)  Category list clearly states this .... NEXT!

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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1 hour ago, Zach2015 said:

I was filing all the forms together (I should have clarified). I-485, I-765, I-131 and the I-864. So does that make a difference on the answer?

Yes, if you are filing I485/I131/I765 concurrently,  the i765 category is (c)(9).


YMMV

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1 hour ago, Hank_ said:

Nope.     C-9 would be if you already filed the I-485 and it is pending, then later you want to file the I-765 

 

Is your wife a K-1 ?     OK.   (a) (6)  Category list clearly states this .... NEXT!

Wrong.  Concurrent (or later) filing of the i765 with the i485 is (c)(9). 

 

NEXT...


YMMV

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It isn't rocket science, read the chart;  if a person is a Fiance(e) K-1 or K-2    It is (a) (6)     no wondering, no guessing .. just look at the type of visa.

 

Form I-765 Category 

Description

(a)(2) 

Lawful temporary resident

(a)(3) 

Refugee

(a)(4) 

Paroled refugee

(a)(5) 

Asylee

(a)(6) 

Fiancé(e) (K-1 or K-2 nonimmigrant)

(a)(7) 

N-8 or N-9

(a)(8) 

Citizen of Micronesia, Marshall Islands, or Palau

(a)(9) 

K-3 or K-4

(a)(10) 

Withholding of deportation or removal granted

(a)(11)

Deferred Enforced Departure

(a)(12) 

Temporary Protected Status granted

(a)(13) 

Family Unity Program 
(Section 301 of the Immigration Act of 1990)

(a)(14) 

LIFE Legalization 
(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments)

(a)(15) 

V visa nonimmigrant

(a)(16) 

T-1 nonimmigrant

(a)(17)

Spouse of an E nonimmigrant

(a)(18) 

Spouse of an L nonimmigrant

(a)(19) 

U-1 nonimmigrant

(a)(20) 

U-2, U-3, U-4, or U-5 nonimmigrant

(c)(1) 

Spouse/dependent of A-1 or A-2 visa nonimmigrant

(c)(2) 

Spouse/dependent of Coordination Council for North American Affairs (E‑1)/ Taipei Economic and Cultural Representative Office (TECRO)

(c)(3)(A) 

F-1 student, pre-completion Optional Practical Training

(c)(3)(B) 

F-1 student, post-completion Optional Practical Training

(c)(3)(C) 

F-1 student, 24-month extension for STEM students

(c)(3)(ii)

F-1 student, off-campus employment sponsored by a qualifying international organization

(c)(3)(iii) 

F-1 student, off-campus employment due to severe economic hardship

(c)(4) 

Spouse/dependent of G-1, G-3, or G-4

(c)(5) 

J-2 spouse or child of J-1 exchange visitor

(c)(6) 

M-1 student, Practical Training

(c)(7) 

Dependent of NATO-1 through NATO-6

(c)(8) 

Asylum application pending filed on/after January 4, 1995

(c)(8) 

Asylum application pending filed before January 4, 1995 and applicant is not in exclusion/deportation proceedings

(c)(8) 

Asylum application pending filed before January 4, 1995 and applicant is in exclusion/deportation proceedings

(c)(8) 

Asylum application under ABC Agreement

(c)(9) 

Pending adjustment of status under Section 245 of the Act

(c)(10) 

Suspension of deportation applicants (filed before April 1, 1997) 
Cancellation of Removal applicants 
Cancellation applicants under NACARA

(c)(11) 

Public Interest parolee

(c)(12)

Spouse of an E-2 CNMI investor

(c)(14)

Deferred action

(c)(15) 

Not in use

(c)(16) 

Creation of record (adjustment based on continuous residence since January 1, 1972)

(c)(17)(i) 

B-1 domestic servant  of certain nonimmigrants

(c)(17)(ii) 

B-1 domestic servant of certain U.S. citizens who are in the United States on a temporary basis.

(c)(17)(iii) 

Certain B-1 nonimmigrant employees of a foreign airline

(c)(18) 

Order of supervision

(c)(19) 

Certain pending TPS applicants whom USCIS has determined are prima facie eligible for TPS and who may then receive an EAD as a ”temporary treatment benefit” under 8 C.F.R. 244.10(a). 

(c)(20) 

Section 210 legalization (pending I-700)

(c)(21) 

S visa nonimmigrant

(c)(22) 

Section 245A legalization (pending I-687)

(c)(23) 

Irish peace process (Q-2)

(c)(24) 

LIFE legalization

(c)(25)

T-2, T-3, T-4, T-5, or T-6 nonimmigrant

(c)(26)

Spouse of an H-1B nonimmigrant

(c)(31)

VAWA self-petitioners with an approved Form I-360

(c)(33)

Consideration of Deferred Action for Childhood Arrivals

(c)(35)

Principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances

(c)(36)

Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Are you that out of touch.  Filing for EAD in conjunction with the i485 is considered a pending adjustment of status therefore (c)(9).  If one tried to file for EAD before the i485 and based on the i94, then it would be (a)(6).  


YMMV

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So you are saying USCIS having that Category chart .. and listing the K-1 (a) (6)  .. is well  ... stupid on the part of USCIS.      Has nothing to do with pending, not pending or filing solo ...   The Fiance(e) K-1 K-2 is listed by USCIS and it has its own category code  (a) (6)

 

Out of touch?   I read the USCIS website,  can't get any clearer than what they have listed.

 

"considered pending" by whom .. by you obviously .. but as the saying goes - Show me the beef!  (as in something from USCIS) .     Not your opinion.

 

 

https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization

 

 

Form I-765 Category 

Description

(a)(2) 

Lawful temporary resident

(a)(3) 

Refugee

(a)(4) 

Paroled refugee

(a)(5) 

Asylee

(a)(6) 

Fiancé(e) (K-1 or K-2 nonimmigrant)

 

 

 

 


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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3 minutes ago, Hank_ said:

So you are saying USCIS having that Category chart .. and listing the K-1 (a) (6)  .. is well  ... stupid on the part of USCIS.      Has nothing to do with pending, not pending or filing solo ...   The Fiance(e) K-1 K-2 is listed by USCIS and it has its own category code  (a) (6)

 

Out of touch?   I read the USCIS website,  can't get any clearer than what they have listed.

 

"considered pending" by whom .. by you obviously .. but as the saying goes - Show me the beef!  (as in something from USCIS) .     Not your opinion.

 

 

https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization

 

 

Form I-765 Category 

Description

(a)(2) 

Lawful temporary resident

(a)(3) 

Refugee

(a)(4) 

Paroled refugee

(a)(5) 

Asylee

(a)(6) 

Fiancé(e) (K-1 or K-2 nonimmigrant)

 

 

 

 

Yes you are.  Try looking at the VJ guides


YMMV

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Posted (edited)
22 minutes ago, payxibka said:

Yes you are.  Try looking at the VJ guides

VJ Guides??  Someone that didn't have a clue that the K-1 K-2 have their own code decided to choose what "might be a good idea"   :rofl:            Ya that's the ticket!    Forget about USCIS .. look at the VJ guide.    Dang!   That's your "gotcha" ?

 

Accept it, USCIS does know a little bit more than the VJ guide, and they gave the K-1 K-2 visa their own category code.  (a) (6)     <<<<<

 

VJ Guide...  jeez, are you serious! ?    At least you didn't say ... My mommy told me it was so..... 

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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45 minutes ago, Hank_ said:

VJ Guides??  Someone that didn't have a clue that the K-1 K-2 have their own code decided to choose what "might be a good idea"   :rofl:            Ya that's the ticket!    Forget about USCIS .. look at the VJ guide.    Dang!   That's your "gotcha" ?

 

Accept it, USCIS does know a little bit more than the VJ guide, and they gave the K-1 K-2 visa their own category code.  (a) (6)     <<<<<

 

VJ Guide...  jeez, are you serious! ?    At least you didn't say ... My mommy told me it was so..... 

Keep going.  The more you post about this the harder you will fall when proven otherwise.   A6 is strictly for the 90 days on your i94.  C9 is with the i485 


YMMV

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