EAD Question with expired I-94

[rehtse 1]

My I-94 expired last May 14, 2012 and we are in the process of adjusting my status.

As I am completing my I-765, I read from the instructions that "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 ©(9)."

Is is still acceptable to file this to USCIS or not?

Thanks!

[Harpa Timsah 13,258]

You are misinterpreting the instructions. You do NOT file under code A6. It says right there you can only file within 90 days of entry (you are way past that). Your I-94 is expired and your EAD will be rejected. You are filing under code C9, spouse of USCitizen who is adjusting status.

Edited July 27, 2012 by Harpa Timsah

[MayLiana72 2]

Agree with Harpa Timsah, you have to write(с)(9)( ).

Edited July 27, 2012 by MayLiana72

[bigdog 377]

At the end of the 90 days you are technically out of status, each step in the process stands on its own. Apply for your AOS, AP and EAD immediately, AP and EAD are free with the AOS filing and your I485. Follow the guides and you will be fine. If you have not gotten your SSS card yet, you now have to wait till you get your combo EAD and AP card. Good Luck.

[rehtse 1]

Thank you so much for the quick reply and straighten out my confusion.

[Dave&Roza 748]

My I-94 expired last May 14, 2012 and we are in the process of adjusting my status.

As I am completing my I-765, I read from the instructions that "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 ©(9)."

Is is still acceptable to file this to USCIS or not?

Thanks!

The (a)(6) you are looking at is if you wanted to waste your time and money by filing for the EAD as a K-1 visaholder who is not married. You pay the fee wait for the USCIS to approve the application and you have an EAD card that will expire on the date your I-94 does, but you will be able to legally work unitl the EAD expires. Due to the processing times it is a waste of time and money. What you want to do is what everybody above has said. Apply for AOS and the EAD and AP all at the same time. For the EAD you are filing under ©(9), the fee is waived and typically the EAD shows up before the GC but not always.

Good luck,

Dave