I-765 that was filed with AoS got denied. What does that mean for AoS?

[aphailscout 0]

Well today I learned my wife's I-765, which was filed alongside I-485, got denied. I-485 is still pending, and she's already had her fingerprint appointment for it.

My now-wife came to the country with a K1 visa. When filing I-765 we got confused by the wording on #16, and we marked down the incorrect eligibility category for our situation. We marked A9, which I now realize is for people using the K1 visa but WITHIN the 90 say period of entry. We filed after the 90 day period and thus should have marked C9. So it got denied, fair enough.

So what does this mean for the I-485? Is this going to have any impact on the decision for that? Should I call or email the USCIS and explain that we meant to mark C9 on the form? Is there any way to have the I-765 application re-examined as though C9 was marked, or will I have to refile I-765 completely? Will they even look at a second I-765 while we're waiting on I-485? In general, what should we do or expect now?

I know I asked a lot of questions, but I would dearly appreciate answers to as many as you can answer. I'm very shaken up right now. Thank you so much.

Edited October 27, 2015 by aphailscout

[BigDaddy28 228]

nothing I485 will be adjudicated separately and you might be called for an interview. filing another I765 is worthless now, you might have to pay a fee for it.

[KayDeeCee 4,893]

Category for filing as a K-1 entrant before AOS is (a )(6 ), and you have to pay the $380 fee for that.

The above answer is incorrect. It is not useless to file again. You never know how long you may have to wait for the green card. There will be no fee to file for the EAD now. The fee is waived when filed with a pending I-485. The category is (c )(9 )- adjustment applicant. You will need to include a copy of the receipt notice for the I-485 submission to get the fee waived.

[Unidentified 2,930]

nothing I485 will be adjudicated separately and you might be called for an interview. filing another I765 is worthless now, you might have to pay a fee for it.

This is incorrect just like KayDeeCee said. No, you won't have to pay for it if you send a copy of your AOS NOA1. And right now people are getting their EAD after about 60 days. Green Card can take a year.

[Bluefairy1204 0]

What happen to your case?

Did you re-appky for your wife's EAD?

We have the same issue and I dont know what to do

[-PiLoT- 11]

on what grounds ould they deny an EAD?

[FherJess 15]

This is incorrect just like KayDeeCee said. No, you won't have to pay for it if you send a copy of your AOS NOA1. And right now people are getting their EAD after about 60 days. Green Card can take a year.

Isn't it the NOA2 that is required? (The letter that states the visa was approved)

[Unidentified 2,930]

Isn't it the NOA2 that is required? (The letter that states the visa was approved)

You send your I-129F NOA2 in with your AOS correct.

But now we're talking about reapplying for his EAD and he needs to send them his AOS NOA1 to show pending AOS application. If he had AOS NOA2 he wouldn't have to reapply for EAD because that would mean he would have his Green Card.