I-485 + I-130 status change in USA eligible to file I-765

[martinataylor 0]

Hi,

My wife from Chile arrived on a B2 visitor VISA after she as here 4 months we got married and I am now filing I-485 and I-130 forms to change her status to permanent resident.

Can she file I-765 to apply for a permission to work while the application is in process?

In the  I-765 instructions I see entries for K1 and K2 visa changes.

But not her particular status change from B2 to resident.

Thanks Martin

[millefleur 5,046]

**Moved from Bringing Family Members of US Citizens to America to Adjustment of Status from Work, Student, & Tourist Visas**

[Cyberfx1024 7,980]

41 minutes ago, martinataylor said:

Hi,

My wife from Chile arrived on a B2 visitor VISA after she as here 4 months we got married and I am now filing I-485 and I-130 forms to change her status to permanent resident.

Can she file I-765 to apply for a permission to work while the application is in process?

In the  I-765 instructions I see entries for K1 and K2 visa changes.

But not her particular status change from B2 to resident.

Thanks Martin

You can certainly file for the EAD and the AP when you file for your wife. Just be advised that the EAD is taking at least 90-120 days now

[mushroomspore 3,044]

52 minutes ago, martinataylor said:

Hi,

My wife from Chile arrived on a B2 visitor VISA after she as here 4 months we got married and I am now filing I-485 and I-130 forms to change her status to permanent resident.

Can she file I-765 to apply for a permission to work while the application is in process?

In the  I-765 instructions I see entries for K1 and K2 visa changes.

But not her particular status change from B2 to resident.

Thanks Martin

She's category C9.

[martinataylor 0]

23 minutes ago, mushroomspore said:

She's category C9.

I am having difficulty finding a reference in the instructions that says she is C9. DO you have any references that shows that?

Thanks Martin

[martinataylor 0]

35 minutes ago, Cyberfx1024 said:

You can certainly file for the EAD and the AP when you file for your wife. Just be advised that the EAD is taking at least 90-120 days now

I figure all hese files will take approximately forever.

WHat category should I enter in the I-765?

I am not seeing any hng in the instructions that relates to changing  B2 => resident status

[geowrian 22,337]

Just now, martinataylor said:

I am having difficulty finding a reference in the instructions that says she is C9. DO you have any references that shows that?

Thanks Martin

I-765 instructions: https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf

Page 11

Quote

1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or other evidence that your Form I-485 is pending.

 

[geowrian 22,337]

Just now, martinataylor said:

I am not seeing any hng in the instructions that relates to changing  B2 => resident status

The EAD is not based on her current status or status at time of entry. The EAD is being requested based on a pending (or concurrently filed) I-485.

[FattieBanton 35]

 

2 minutes ago, geowrian said:

The EAD is not based on her current status or status at time of entry. The EAD is being requested based on a pending (or concurrently filed) I-485.

so how should questions about "current status" like that one be answered on forms that are filed concurrently with 485 (131/765).

 

my story is almost identical to that one and i was going over my documents today and came upon that part of the 765. they were back to back.

 

 

[mushroomspore 3,044]

17 minutes ago, martinataylor said:

I am having difficulty finding a reference in the instructions that says she is C9. DO you have any references that shows that?

Thanks Martin

Page 11, in the middle. Your wife is an Adjustment of Status applicant. I adjusted from B2 myself. I was c9. Your wife is c9.

[geowrian 22,337]

26 minutes ago, FattieBanton said:

 

so how should questions about "current status" like that one be answered on forms that are filed concurrently with 485 (131/765).

 

my story is almost identical to that one and i was going over my documents today and came upon that part of the 765. they were back to back.

 

 

Current status can be different than the basis for requesting an EAD. What you put is fine.

 

For instance, K-1 status allows an EAD under (a)(6) category, valid only for 90 days from POE (which will almost certainly be expired before they process it in current timeframes, hence why one should not actually do this).

But one can request an EAD under (c)(9) category once/alongside filing for AOS.

[martinataylor 0]

4 hours ago, mushroomspore said:

Page 11, in the middle. Your wife is an Adjustment of Status applicant. I adjusted from B2 myself. I was c9. Your wife is c9.

Thanks!!

 

3 hours ago, geowrian said:

Current status can be different than the basis for requesting an EAD. What you put is fine.

 

For instance, K-1 status allows an EAD under (a)(6) category, valid only for 90 days from POE (which will almost certainly be expired before they process it in current timeframes, hence why one should not actually do this).

But one can request an EAD under (c)(9) category once/alongside filing for AOS.

Thanks!