Wrong Eligibility Catagory on I-765.

[Sokha 0]

Hi everyone,

I recently e-filed a I-765 for my K-1 Wife. Unfortunately I filed it incorrectly because I put her under a6 instead of c9. And to top it off I paid the $380 fee when I could of included it with the I-485 and not pay a fee.

Has anyone ever been in this situation? I'm about to send a letter with evidence to the service center processing the I-765. I'll just like some assurance that things can be resolve. Damnmit that'll teach me not to do my research

[Harpa Timsah 13,258]

Sorry, they will deny it and take your fee.

[Sokha 0]

That's reassuring... Okay, can I send another I-765 but this time with no fee and filed correctly?

[Harpa Timsah 13,258]

Yes, you can! Include a copy of the NOA1 from the I-485 to prove you don't have to pay.

[Sokha 0]

Thank you Harpa. Have you read of anyone else with the same predicament as me? I can't be the first. Due to your quick reply and just how everything works, I kind of knew I saw screwed. Live and learn.

Should I just mail the new I-765 asap and not bother with the first incorrect one?

Edited April 16, 2013 by Sokha

[Harpa Timsah 13,258]

I have seen people be denied when mistakenly choosing category A6, because the EAD that would be approved would expire with the I-94, and usually when it comes time to adjudicate the I-94 is already expired so they say "no longer eligible" or something like that.

[Sokha 0]

My wife already received a NOA along with a biometric appointment... I'm going to try to send evidence to my service center, show them the I-485 NOA along with other misc paperwork and hope everything goes okay.

She hasn't been rejected yet and I don't know if they will accept two concurrent I-765.

[Harpa Timsah 13,258]

From what I have seen, the denial comes when they go to approve it, around 3 months from initial filing. Good luck.

[Sokha 0]

Thank you Harpa. I have scheduled an infopass appointment this Monday. I also wrote a letter to my service center and included a copy of the NOA of I-485. I am hoping this can all be resolve without resending another I-765. The mistake is just a week old so hopefully it'll be a okay because I caught it early. Wishful hoping I know.

It sucks that my money was taken but dammit I want my wife to work and I don't want her to pay for my mistake. Crossing my fingers.

[hmh33 117]

Bring a correctly-filled-in I-765 to your infopass appointment. Have they cashed the check already?

[Sokha 0]

Yes, it was e-filed on the USCIS website. I paid by credit card.

[Harpa Timsah 13,258]

Yes, it was e-filed on the USCIS website. I paid by credit card.

Oh... you cannot efile EAD based on AOS. Maybe you can for A6 category? Check into that, you may have grounds to get your money back based on USCIS error.

You cannot efile anything for your wife, not now or in the future (unless they change the rules).

I see now you said that in the first post but I totally overlooked it because no one from K-1 efiles...

Edited April 17, 2013 by Harpa Timsah

[Sokha 0]

Yes I now know it was an error on my part. I was hasty to submit and should have read more carefully and done more diligent research. I'm paying for it now.

I am not 100% sure how to proceed because this one case is still pending. I am thinking of mailing a correction letter along with the proper documents and a resubmitted I-765. Hopefully the infopass representative on Monday will have answers.

[Harpa Timsah 13,258]

Ask at infopass. You can have two EADs pending because they have different eligibility codes. But, do whatever the infopass person says. Good luck.

[julita26 12]

Resuscitating this thread in case anyone has made this mistake recently. I can't believe I overlooked this detail, but in the midst of everything else I forgot to check the eligibility category before mailing my packet last week. At least I caught it quickly. I called the USCIS customer service line this morning and got through to a representative almost immediately. He instructed me to mail a letter with the applicant's name, case number, signature, and request to change I-765 eligibility category from (a)6 to ©9 to the office where my case was sent, which is listed on the NOA1 hard copy. No more information or detail than that is needed, so no need to panic or file a new I-765.

Lesson learned: triple check every detail on VisaJourney before filing!

Edited February 29, 2016 by julita26