Help with I-765 Form

[inlove4life 0]

Hello,

My wife and I are trying to finish all the forms to send in her AOS package and not sure about the I-765 form. Under question 16, the eligibility, we aren't sure if we put ©(9) or (a)(6). She is here on a K-1 Visa and we have been married. But we obviously haven't sent in our I-485 application. We are filing concurrently. Any help?

Thank you,

B&C

[Markieboy 104]

Hello,

My wife and I are trying to finish all the forms to send in her AOS package and not sure about the I-765 form. Under question 16, the eligibility, we aren't sure if we put ©(9) or (a)(6). She is here on a K-1 Visa and we have been married. But we obviously haven't sent in our I-485 application. We are filing concurrently. Any help?

Thank you,

B&C

I would say you would place ©(9) because you are, in fact, adjusting status. You would place (a)(6) if you are filing within 90 days from the date of entry. Since your POE was 05/26/10, you are not eligible for (a)(6).

Good luck with your AOS journey!

Edited November 16, 2010 by Markieboy

[inlove4life 0]

I would say you would place ©(9) because you are, in fact, adjusting status. You would place (a)(6) if you are filing within 90 days from the date of entry. Since your POE was 05/26/10, you are not eligible for (a)(6).

Good luck with your AOS journey!

Ok, Thank you Markieboy. What is the difference between the two anyhow? Is it going to make it harder for her to get her Employment Authorization?

[VanessaTony 3,567]

Ok, Thank you Markieboy. What is the difference between the two anyhow? Is it going to make it harder for her to get her Employment Authorization?

No. A6 is when you are filing BEFORE AOS to get an EAD. While it's possible to get one before AOS, it's only valid until your I-94 expires and you would pay the $300ish fee for it. It takes around 2 months to receive so you're looking at a month's worth of work for $300ish .. totally not worth it.

C9 is when you're filing together with AOS and the EAD will be valid for a year from date of issuance. It's "voided" when you get your GC, or if you have an interview they will typically take it.

C9 is the best category for you.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to an EAD **