RFE for EAD I-765

[lavidaesbuena 2]

Today we received an email notification of a pending RFE (initial) for an I-765 work permit that was submitted along with our I-485 in June of this year. Since the EAD is a simple form, I cannot imagine what additional evidence they would need. So I took another look at the instructions and noted the following:

 

6. Family-Based Nonimmigrant Categories 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 (c)(9).

 

I may be misreading but i am concerned that because we filed our I-485 and EAD (I-765) on June 13th (receipt date) and my wife's arrival to the US was March 2nd, the 90 day date has passed and we will have to wait until the AOS is cleared before she can work. Any thoughts or experience? 

 

Thanks!

[aleful 1,905]

hi

 

not relevant, the 90 days are only to marry, there is no set date to file the adjustment of status, you will have to wait until you receive the RFE letter and see what's wrong

 

 

[lavidaesbuena 2]

Thanks...it is really odd. The RFE was an "initial" request indicating some kind of missing evidence. The form is very simple and all the information I entered was correct. I guess we will wait and see. 

[aleful 1,905]

hi

 

it can be that you wrote the wrong code or something else, who knows

 

 

[lavidaesbuena 2]

Yeap, I checked that and it was correct. SSN/Alien number--everything was right. 

[aleful 1,905]

hi

 

nope, wrong code, the code that you put is for someone that entered on a K1, but hasn't filed for adjustment of status, that EAD only lasts until the 90 days are up

 

if you are filing for adjustment of status, the code is C9 because it is filed with the i485.

 

 

[TheSkywalkers 143]

Most RFEs for EAD is because of putting the wrong category.

It should be (C)(9).

 

Wait for your RFE mail and see what's wrong. They could  have lost your form or some of the contents of your packet, who knows. It happens.

[Mr Geminian 691]

1 hour ago, lavidaesbuena said:

Today we received an email notification of a pending RFE (initial) for an I-765 work permit that was submitted along with our I-485 in June of this year. Since the EAD is a simple form, I cannot imagine what additional evidence they would need. So I took another look at the instructions and noted the following:

 

6. Family-Based Nonimmigrant Categories 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 (c)(9).

 

I may be misreading but i am concerned that because we filed our I-485 and EAD (I-765) on June 13th (receipt date) and my wife's arrival to the US was March 2nd, the 90 day date has passed and we will have to wait until the AOS is cleared before she can work. Any thoughts or experience? 

 

Thanks!

Am sure you got confused with the "90 days from the date of entry". If you are a AOS applicant then the code is C9 and not A6

[lavidaesbuena 2]

53 minutes ago, Aviinashh M said:

Am sure you got confused with the "90 days from the date of entry". If you are a AOS applicant then the code is C9 and not A6

Thanks everyone. I did enter A6 so that is likely the issue. Irritating that a code can cause this issue. Based on your experience, is a resubmission of the form needed thereby restarting the review period from the date they receive the corrected form? If it is indeed the most often cause of RFEs, perhaps listing 2 codes in the same section for a K-1 is causing confusion. 

Thanks again for the clarification. Looks like another 3 month wait and we will likely be close to having our status adjusted by that time...