Form I-765 "Eligibility Category" (c)(9) or (a)(6) ??

[mccorleone 12]

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 October 26, 2015 by mccorleone

[Pitaya 2,577]

http://www.visajourney.com/content/k1aos

[KayDeeCee 4,893]

(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 October 26, 2015 by KayDeeCee