I-765 Form

[Doug and Jessie 0]

Fellow VJrs,

We have some trouble in paradice.....

We are filing for adjustment of status, form I-765. Question #16 asks for an eligibility category. WHAT'S THIS? we are a K-1.

If you are a K-1 what do you enter for question 16????????

Thanks in advance for the help.

Doug and Jessie

[Patrick808 0]

We are filing for adjustment of status, form I-765. Question #16 asks for an eligibility category. WHAT'S THIS? we are a K-1.

If you are a K-1 what do you enter for question 16????????

Form I-765 is the Application for Employment Authorization.

You are not required to fill this out with your AOS form I-485.

However, since there is no longer an additional fee, I imagine most choose to submit it so that the beneficiary can find a job as sooner rather than later.

You should fill out (a)(6)

6. Family-Based Nonimmigrant Categories

A. K-1 Nonimmigrant Fiance(e) of U.S. Citizen or

K-2 Dependent--(a)(6). File Form I-765 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 ( c)(9).

[elmcitymaven 9,712]

Moving to AOS from Family Based Visas forum from K1 forum as this is an AOS issue, not K1.

[Otto 83]

If you are a K-1 what do you enter for question 16????????

C 9 should be your response.

[Patrick808 0]

After re-reading your question, and noting Otto's answer above, and checking the guides:

( c ) ( 9 ) is correct.

I'm sorry for the misinformation.

2. Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waste of both time and money to bother applying. You will file as category (a)(6), "Nonimmigrant Fiance(e) of U.S. Citizen". (Where to file: mail, efile, walk-in -- only if local office allows)

3. At the same time as filing for AOS. As a K-1 holder filing for Adjustment of Status (AOS) you are eligible to file for an EAD at the same time. Your EAD packet can be filing along with your AOS packet and mailed together. You will file as category ©(9), "adjustment applicant". (Where to file: mail only - with AOS packet)

( c ) ( 9 ) is correct.

6. Family-Based Nonimmigrant Categories

A. K-1 Nonimmigrant Fiance(e) of U.S. Citizen or

K-2 Dependent--(a)(6). File Form I-765 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 ( c)(9).