I-765 Eligibility Category (Immigrant Category)

[billyidle 0]

I am a US Citizen, my wife is Chinese currently on a J1 Visa working at an American University. We have everything completed form-wise, but are stuck on the I-765/485 Forms in regards to immigrant category. We believe we should select (c)(9) Pending Adjustment Applicant, but would like confirmation. And if that is the correct category, what is the supporting evidence we would need to attach? Thank you for any assistance!

[geowrian 22,338]

Yes, it is (c)(9) for an AOS applicant.

 

See pages 19-20 of the I-765 instructions for documentation requirements: https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf

The main items are:

• Copy of the I-94 (https://i94.cbp.dhs.gov/I94/)
• Proof of ID (previous EAD, passport, visa, national ID, etc.)
• 2 x US passport-style photos
• If filed after the I-485 packet, a copy of the I-485's receipt notice (NOA1) can be sent in lieu of payment.
  • No payment for the I-765 is needed when filed due to AOS.

[billyidle 0]

Thank you so much for the quick reply.  We're definitely over thinking everything, but trying to do everything correctly.  I really appreciate the help

[geowrian 22,338]

Also, if you were to send the I-765 after the I-485, a separate G-1145 can be included to get electronic notification of acceptance.

If filed at the same time as the I-485, the I-485's G-1145 should include both the I-485 + I-765's receipt numbers (and I-131 if sent as well).