AOS & Work Auth filing ?

[Boiler 48,068]

2 hours ago, OldUser said:

I don't know if anybody receives EAD when filing before marriage anymore. But applying for SSN before marriage would have been a nice move. Now he'll most likely to get SSN when he receives EAD or green card. SSN is good for opening joint accounts, getting on lease, starting building credit etc.

It used to be a thing, n fact you could at some PoEs get a temp stamp but it was only good for the 90 days

[Edward and Jaycel 2,199]

@Purple_Paladin a6 is wrong - File it under (c)(9) Look below. This is what we filed Jaycel's under and got her EAD in 51 days after filing. a6 will get you an EAD that is only good for the 90 day validity of the I-94. Since it won't be adjudicated within the 90 day window it will be DENIED if you file under a6

 

 

Edited 12 hours ago by Edward and Jaycel

[Edward and Jaycel 2,199]

4 hours ago, Purple_Paladin said:

I looked it up and it states c09 is Tnonimmigrant for victims of sex-trafficking. It also says we must show proof of this status, so I'm thinking it's a6 ?

 

See my comment above - the (c)(9) category is ALSO used for the T-Nonimmigrant filers not exclusively

[SalishSea 18,570]

5 hours ago, Purple_Paladin said:

From what I'm reading, I can't go wrong with a6. Also I read the instructions but can't figure out where else to look this up.

 

Making such assumptions/errors will lead to delays or even denials.  Please do your research.

[SalishSea 18,570]

4 hours ago, Purple_Paladin said:

We did file the SSN and he has it. That's one of the reasons we're just getting to the paperwork for the I-864. It took a while to get the SSN appointment. 

That wouldn't have been a reason to delay adjusting status though....

[SalishSea 18,570]

4 hours ago, Purple_Paladin said:

Thank you, I didn't know it was possible to file for work auth before marraige. We'd have done that instead.

No, this is not a thing.

[Demise 1,466]

For I-765:

(c)(9)( ). This is the general category for applicants for Adjustment of Status under INA 245, doesn't matter if it's via marriage (I-130 or I-129F), other family (I-130), work (I-140), investors (I-526), special immigrants (I-360), S-visas (I-854), T-visas (I-914), U-visas (I-918), or Diversity Lottery. There are a few groups that adjust via different sections of law and use different codes (asylees, refugees, and pre-1972 registry applicants). 

 

Do not use A6, A6 only exists due to a quirk in the law where technically K-1 visa holders are eligible to work incident to status, however that is only valid while the K-1 is (so 90 days), so that will in the absolute best case scenario only get them an EAD valid for a couple of days and more likely the K-1 period will expire by then and the I-765 will just be denied for mootness. Again, use (c)(9)( ). 

 

I-765, #24: K-1 for the husband, K-2 for the stepdaughter. 

I-765, #25: Same as above, if their admission periods expired "K-1 expired" for husband, "K-2 expired" for daughter. In the event you'd file I-765 after I-485 that's when you can alternatively put down "Pending I-485", or "Applicant for Adjustment of Status". Ultimately USCIS is not too picky about what you put in there as long as it makes sense. 

 

I-765, #21.b. - Put down whichever passport he was admitted on, in this case it'll be the newer one. It's not an uncommon scenario for the visa to be physically in an old passport.

I-765, #21.c. - Leave blank, this field is for cases where you enter US on something that is not a passport (e.g. Any WHTI Document (Canadian Enhanced Driver's License, NEXUS, Sentri, etc), Canadian birth certificate (if under 16, or under 19 if traveling with a school/religious/youth group), Border Crossing Card, US green card, Refugee Travel Document (US or otherwise), Re-entry permit, UN laissez-passer, maybe 1954 convention stateless travel document (not sure, US never signed that one) and probably some others). In any case, leave that one blank, or if it being blank bothers you just put in "n/a". 

[Purple_Paladin 18]

 

9 hours ago, SalishSea said:

Making such assumptions/errors will lead to delays or even denials.  Please do your research.

I did look into it and have it correctly filled as c9 now. Thank you.

[Purple_Paladin 18]

25 minutes ago, Demise said:

For I-765:

(c)(9)( ). This is the general category for applicants for Adjustment of Status under INA 245, doesn't matter if it's via marriage (I-130 or I-129F), other family (I-130), work (I-140), investors (I-526), special immigrants (I-360), S-visas (I-854), T-visas (I-914), U-visas (I-918), or Diversity Lottery. There are a few groups that adjust via different sections of law and use different codes (asylees, refugees, and pre-1972 registry applicants). 

 

Do not use A6, A6 only exists due to a quirk in the law where technically K-1 visa holders are eligible to work incident to status, however that is only valid while the K-1 is (so 90 days), so that will in the absolute best case scenario only get them an EAD valid for a couple of days and more likely the K-1 period will expire by then and the I-765 will just be denied for mootness. Again, use (c)(9)( ). 

 

I-765, #24: K-1 for the husband, K-2 for the stepdaughter. 

I-765, #25: Same as above, if their admission periods expired "K-1 expired" for husband, "K-2 expired" for daughter. In the event you'd file I-765 after I-485 that's when you can alternatively put down "Pending I-485", or "Applicant for Adjustment of Status". Ultimately USCIS is not too picky about what you put in there as long as it makes sense. 

 

I-765, #21.b. - Put down whichever passport he was admitted on, in this case it'll be the newer one. It's not an uncommon scenario for the visa to be physically in an old passport.

I-765, #21.c. - Leave blank, this field is for cases where you enter US on something that is not a passport (e.g. Any WHTI Document (Canadian Enhanced Driver's License, NEXUS, Sentri, etc), Canadian birth certificate (if under 16, or under 19 if traveling with a school/religious/youth group), Border Crossing Card, US green card, Refugee Travel Document (US or otherwise), Re-entry permit, UN laissez-passer, maybe 1954 convention stateless travel document (not sure, US never signed that one) and probably some others). In any case, leave that one blank, or if it being blank bothers you just put in "n/a". 

Thank you for all of this! It's incredibly helpful! 

[Purple_Paladin 18]

10 hours ago, Edward and Jaycel said:

a6 is wrong - File it under (c)(9) Look below. This is what we filed Jaycel's under and got her EAD in 51 days after filing. a6 will get you an EAD that is only good for the 90 day validity of the I-94. Since it won't be adjudicated within the 90 day window it will be DENIED if you file under a6

I'm sorry I didn't update, but I did do the research and came up with the same. Thank you for your sage advice and for taking the time to be sure that I understood it! I appreciate it truly!