EAD eligibility category for K-1 visa holder spouse?

[mamaronga 2]

Hi ---

I assumed that my spouse who entered on a K1 visa would fall under the (a)(6) category for EAD eligibility. however on a visa journey forum someone said it would acutally be ( c ) (9).

Please, can someone clarify this?

we want to file tomorrow!

Thanks

claire

[JimandChristy 1,689]

c 9

Edited October 23, 2009 by JimandChristy

[TayRivers 4]

If you apply under catagory A6 as a K1 visa holder the EAD would be linked to the K1 visa and the EAD would expire on the 90th day after arrival and you will have to pay the fee. If you apply under catagory C9 as a person filing for adjustment of status then the EAD will be valid for 1 year and there is no fee to pay as long as you are filing the EAD application along with or after you filed for AOS.

Tay

[mamaronga 2]

If you apply under catagory A6 as a K1 visa holder the EAD would be linked to the K1 visa and the EAD would expire on the 90th day after arrival and you will have to pay the fee. If you apply under catagory C9 as a person filing for adjustment of status then the EAD will be valid for 1 year and there is no fee to pay as long as you are filing the EAD application along with or after you filed for AOS.

Tay

Hi tay, thanks for the clear response. wow! i totally mis-understood that form then, i mean, it's not exactly clear! i would have had *no* idea had i not looked here in visa journey! crazy! so now i cannot file today cuz my husband left for work and won't be back until 6pm.... grrrrrrrrrrrrrr! there's always something else...

thanks for your help!!!