I-765 form (Application for Employment Authorization)

[BFP XX 62]

Hi,

I have looked through VJ and I can't find a concrete answer regarding my query.

I am a K-1 holder, now married and living in the US filing for AOS. I am completing form I-765 (Expires 04/30/2016) and I am confused by question 16.

By all accounts on the previous edition of the form I-765 (Expires 2009), the answer is ( C ) ( 9 ) ( )

I cannot however, find an example form for a K-1 visa holder, for the updated 2016 form.

I have looked over the instructions form, and I am completely baffled - There's so much information.

Is the answer the same on the 2016 version of the form?

Any help regarding this, would be much appreciated!

Amanda and Matthew

[Girl from Celebes 588]

Yes, it's same (C ) ( 9).

Edited July 12, 2014 by Girl from Celebes

[BFP XX 62]

Thanks!

It's so confusing! One question can just stop your whole process! We'd be lost without VJ!

[KayDeeCee 4,893]

2016 is the year the form expires. That is really only meaningful to the USCIS for their own reviews of the forms. The date the form is created/issued is the Edition Date of a form and can be found at the bottom.

The current form edition date is 04/01/2013. The form hasn't changed from the example form here on VJ, nor are the instructions different. The example form here on VJ has an edition date of 8/15/12 and an expiration date of 2/28/2013. I believe it was the previous edition of the form and not one from 2009. Previous form editions dated all the way back to 5/27/08 are also still accepted by the USCIS. http://www.uscis.gov/i-765

Just so you know where to find it and why it is (c )(9 ), it can be found on Page 4 #7 of the instructions:

7. EAD Applicants Who Have Filed for Adjustment of Status

A. Adjustment Applicant--(c )(9). File Form I-765 with a
copy of the receipt notice or other evidence that your
Form I-485, Application for Permanent Residence or
Adjust Status, is pending. You may file Form I-765
together with your Form I-485.

Edited July 12, 2014 by KayDeeCee

[BFP XX 62]

Thank you so much for clarifying that

[LizzieBee 25]

I'm glad I read this! I was going to put (a) (6) for K-1 fiance, but © (9) is what I really want since we're married now and filing with his AOS package! Thanks again, VJ!

[steve n songsang 45]

using the VJ example forms shows you how to completely and correctly fill out the various AOS forms.

[stonefreakjen 1]

me and my fiance are still

both confused about that part. On the a6 it says..

"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)." .. we are filing within the 90 days but we are already married.. grr kinda confusing

[BFP XX 62]

I understand that, and I always refer to the guides and example forms before posting a question, hence...

''I cannot however, find an example form for a K-1 visa holder, for the updated 2016 form.

I have looked over the instructions form, and I am completely baffled - There's so much information.

Is the answer the same on the 2016 version of the form?''

[BFP XX 62]

Stonefreakjen - I'm not sure regarding the form either - I found it very confusing!

I believe that you can file the I-765 form for employment rights separately if you file an additional fee - However I read somewhere that the EAD can take up to 8 weeks to come through anyway, and by then you may as well have waited for the EAD to be processed with the AOS application, as the fee is then included. It may be referring to that - That the work rights will not be renewed/extended unless you have an AOS pending...?

I'm really not sure, but thought I would at least respond to discuss - Hopefully someone else can clarify!

[KayDeeCee 4,893]

me and my fiance are still

both confused about that part. On the a6 it says..

"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)." .. we are filing within the 90 days but we are already married.. grr kinda confusing

Filing for the EAD before AOS under the (a )(6 ) category is a pointless waste of money. It takes 2-3 months to receive and will expire when your I-94 does. The I-94 is only good for 90 days, so you will be paying $380 for an EAD that you won't really be able to use. It is not renewable.

When you file for the EAD and AP when filing for AOS under the category of (c )(9 ), the fees for those forms are waived. The EAD/AP will not only be free in that case, but will not expire for a year and is renewable(also with no fee), if needed. The year is usually enough time for the green card to be approved at which time the EAD is no longer needed or valid.

[stonefreakjen 1]

Filing for the EAD before AOS under the (a )(6 ) category is a pointless waste of money. It takes 2-3 months to receive and will expire when your I-94 does. The I-94 is only good for 90 days, so you will be paying $380 for an EAD that you won't really be able to use. It is not renewable.

When you file for the EAD and AP when filing for AOS under the category of (c )(9 ), the fees for those forms are waived. The EAD/AP will not only be free in that case, but will not expire for a year and is renewable(also with no fee), if needed. The year is usually enough time for the green card to be approved at which time the EAD is no longer needed or valid.

. thank you for that helpful info.. thats what we are planning to do is to apply the EAD with my AOS packet.. and we will

put c9 instead.. and i didnt know that we dont have to renew that EAD once my greencard is already approved thank you so much

[KayDeeCee 4,893]

. thank you for that helpful info.. thats what we are planning to do is to apply the EAD with my AOS packet.. and we will

put c9 instead.. and i didnt know that we dont have to renew that EAD once my greencard is already approved thank you so much

You are welcome.

[BFP XX 62]

Yes, thank you so much! Very helpful

Edited July 17, 2014 by BFP XX