Question about completing form I-765 for EAD

[Yomtl 0]

Hi!

I have a question concerning section 16 of form I-765 (I'm applying for EAD/AOS as a K1 visa holder):

Should I specify category (a)(6) (K1 visa) or ©(9) (Adjustment applicant)?

The example provided in the Example Forms section of VisaJourney shows ©(9) but I just wanted to make sure that it is indeed the correct option to choose when filing for EAD and AOS at the same time.

This is what the instructions given by USCIS say:

©(9): Adjustment Applicant: File your EAD application 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.

(a)(6): K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent: File your EAD application 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).

Thank you for your help!

[payxibka 10,047]

you file a( 6) after entry but before AOS then the EAD will come back with an expiration tied to your I-94 (90 days from entry). $340 and most likely will not be adjudicated much before the expire date. Total waste of money.

you file c( 9) after marriage and concurrent with your AOS application it will have a 1 year expiration. Fee for AOS is $1010 and includes EAD fee

best bet is to file after marriage

Edited August 12, 2008 by fwaguy

[Carlawarla 1]

you file a( 6) after entry but before AOS then the EAD will come back with an expiration tied to your I-94 (90 days from entry). $340 and most likely will not be adjudicated much before the expire date. Total waste of money.

you file c( 9) after marriage and concurrent with your AOS application it will have a 1 year expiration. Fee for AOS is $1010 and includes EAD fee

best bet is to file after marriage

I agree. Make sure you file c(9) because there have been people on VJ that thought they were applying for c(9) and they were really applying for a(6), and got it a week before their I-94 expired. They still had to apply for c(9), and they couldn't work with the c(6).