EAD forms, which Category

[RK1031 0]

Hello,

I am about to send the EAD application with the AOS and I have a question about what category to fill in on line 16 of the form, it says to go to part 2 of the instructions, it says for K-1 fiance of US citizens is category (a) 6, but it then says that it can be filed under category c 9, with a receipt or other evidence that the AOS is pending, and then it says that both the AOS and EAD, can be filed together????

we are not sure which to put on the form and what about the recepit, you obviously can't send a recepit for the AOS to put in with the EAD if they are sent together?

please help!!

also is there an issue if you don't file for AOS within 90 days of entering the country?

thanks for all your help, this website is a Godsend

Edited March 14, 2006 by RK1031

[Autumnal 25]

When I did the EAD, I put down c(9) for the adjustment of status. I think if you put the K1 visa, it will only be valid for the time that your spouse's K1 is good for (aka: 90 days).

[Jenn! 918]

Yes, a6 is the category if you wanted to apply immediately upon arrival for an EAD. However, that EAD is valid only as long as your K1 status, i.e. 90 days.

Use c9 if you are a K1 visa holder adjusting status. Don't worry about evidence of I-485 submission, as you'll be submitting both applications together.

There is not an issue if you do not file for AOS within the 90 days. However, after the 90 day period you are considered out of status if you have not field for AOS. Accumulating 180 days out of status could potnetially lead to problems.