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Filed: Citizen (apr) Country: Vietnam
Timeline
Posted (edited)

Hi everyone... We are preparing our AOS package, with forms I-485/I-765/I-131/I-693/G-325A all being submitted together. On form I-765, I am confused about the Eligibility Category (question 16). The Form I-765 Instructions:

Item 6A says, "K-1 Nonimmigrant Fiance of U.S. Citizen or K-2 Dpendent -- (a)(6). ..."

Item 7A says, "Adjustment Application -- ( c )(9). ... You may file Form I-765 together with your From I-485."

On the VJ sample, the sample applicant who is a K-1 Visa Holder chose ( c )(9). So in our case, do I choose ( c )(9) also, or (a)(6)?

FYI - My now-wife arrived in the US by means of a K-1 visa (result of my approved I-129F petition), then we got married and are now applying for the Green Card. Thank you very much for your feedback! Regards...

Edited by mccorleone

2019 09 30 : Filed N-400 Online

2019 10 23 : Biometrics Completed

2021 03 22 : Citizenship Interview PASSED; Oath + Certificate Issued

=========

2018 03 08 : ROC Package Recv'd/Signed

2018 03 19 : NOA Recv'd

2019 06 21 : Biometrics Completed

2019 09 13 : Card in Production (No Interview)

2019 09 20 : Recv'd 10-Yr Green Card by Mail

=========

2015 11 06 : AOS Package Recv'd/Signed

2015 11 16 : NOA's (3x) Recv'd by Mail

2015 12 04 : Biometrics Completed

2016 01 25 : EAD & AP Approved (No RFE's)

2016 03 09 : Interview Scheduled (No RFE's)

2016 03 16 : AOS Interview - APPROVED

2016 03 24 : Received Green Card by Mail

=========

2015 02 07 : I-129F Mailed

2015 05 13 : I-129F Approved (No RFE's)

2015 08 18 : K-1 Interview (Visa Approved)

2015 08 29 : Arrived U.S.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted (edited)

(a )(6 ) is for someone applying for the EAD after entry with a K-1, but before applying for AOS. That EAD will cost $380 and will expire when the I-94 does.

You are filing the I-765 along with your I-485, therefore you will put (c )(9 ), which is the category for an adjustment applicant, just like the example form shows. The fee is waived when filing as an adjustment applicant with a pending I-485.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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