Help! New work permit only valid for 9 days!

[rraypo 3]

Help! My fiance came into this country from China on a K-1 on January 13th after a year's waiting as you all know all about. We were married on Valentines day! :-) And, we have applied for her adjustment of status, (EAD). But, we also sent in for her work permit which arrived yesterday after about a months time. The problem it that it was issued March 30th and expires on April 13th, right on the 90 day mark from her date of entry into this country and 9 days from the date that we received it. What's up with that? Have I missed something here? I thought I had done my homework pretty well but, I guess I missed out on this one somehow.

Does anyone have any experience with this issue? What and where do we go from here? Thanks Ray out here in a very wet Oregon! rraypo@hotmail.com

[raymaga 25]

Did you apply for her EAD using form I-765?

It is normally good for one year from the date of issue.

[Jenn! 918]

It sounds like you applied for the EAD under your K1 visa status, as opposed to based on your adjustment of status application.

The difference is that in the former situation, your EAD is only valid as long as your I-94. While the latter is a one year EAD.

You will need to resubmit another I-765, making sure that the application will be based on your adjustment of status. It is category C9.

You must have put category A6 on your first I-765. Incorrect.

Sorry for your delay, hope it all works out for you.

[luv2teach77 41]

As Jenn3539 said it appears that you made the simple (but costly mistake) of applying for an I-765 EAD (Employment Authorization Document) using your Fiancee's K-1 status as the basis of her eligibility. Others have done exactly the same as you and they were also issued an EAD with the same expiry date as their I-94 which is 90 days from the date they entered the US.

There is nothing that you can do but re-apply for a new EAD making sure you use C9 as her eligibility category.

Mark