I-765 Eligibility Code Question
Jun 10th 2010, 3:38 pm
#1
Forum Regular
Thread Starter
Joined: Dec 2009
Location: Austin, Texas
Posts: 43
I-765 Eligibility Code Question
Hi,
I have hit another minor road block, and me and the new wife are at odds on what the correct answer is on the I-765 form.
Under the eligibility section I believe it should be (c) (9) - since I am filing an adjustment of status. File with a evidence that i-485 has been filed (Would filing with an i-485 be sufficient?)
Jade thinks it should be (a) (6) for a K1 visa. This could be right since it says use this if you are filing withinn 90 days of entry, however it also says it cannot be renewed. Any application other than for a replacement must be based on your pending application for AoS under (C) (9)
I kind of think Jade is right on this one, however it is pretty important we get this question right!
Has anyone had to fill this in before? any help would be appreciated!
I have hit another minor road block, and me and the new wife are at odds on what the correct answer is on the I-765 form.
Under the eligibility section I believe it should be (c) (9) - since I am filing an adjustment of status. File with a evidence that i-485 has been filed (Would filing with an i-485 be sufficient?)
Jade thinks it should be (a) (6) for a K1 visa. This could be right since it says use this if you are filing withinn 90 days of entry, however it also says it cannot be renewed. Any application other than for a replacement must be based on your pending application for AoS under (C) (9)
I kind of think Jade is right on this one, however it is pretty important we get this question right!
Has anyone had to fill this in before? any help would be appreciated!
Jun 10th 2010, 3:47 pm
#2
Forum Regular
Thread Starter
Joined: Dec 2009
Location: Austin, Texas
Posts: 43
Re: I-765 Eligibility Code Question
Hi,
I have hit another minor road block, and me and the new wife are at odds on what the correct answer is on the I-765 form.
Under the eligibility section I believe it should be (c) (9) - since I am filing an adjustment of status. File with a evidence that i-485 has been filed (Would filing with an i-485 be sufficient?)
Jade thinks it should be (a) (6) for a K1 visa. This could be right since it says use this if you are filing withinn 90 days of entry, however it also says it cannot be renewed. Any application other than for a replacement must be based on your pending application for AoS under (C) (9)
I kind of think Jade is right on this one, however it is pretty important we get this question right!
Has anyone had to fill this in before? any help would be appreciated!
I have hit another minor road block, and me and the new wife are at odds on what the correct answer is on the I-765 form.
Under the eligibility section I believe it should be (c) (9) - since I am filing an adjustment of status. File with a evidence that i-485 has been filed (Would filing with an i-485 be sufficient?)
Jade thinks it should be (a) (6) for a K1 visa. This could be right since it says use this if you are filing withinn 90 days of entry, however it also says it cannot be renewed. Any application other than for a replacement must be based on your pending application for AoS under (C) (9)
I kind of think Jade is right on this one, however it is pretty important we get this question right!
Has anyone had to fill this in before? any help would be appreciated!
(c) (9) is EAC Applicants who have filed for adjustment of status
(a) (6) is K-1 Nonimmigrant Fiance(e) of US Citizen.
Since I am Applying for my AoS but am currently in the country in a K1, I am unsure which to go for!
Jun 10th 2010, 6:43 pm
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: I-765 Eligibility Code Question
Jun 11th 2010, 12:21 am
#4
Concierge
Joined: Apr 2001
Posts: 46,477
Re: I-765 Eligibility Code Question
You must remember one important thing when choosing the code:
You have never held an EAD before. As Rene stated (c)(9) is the correct code to use for K-1's.
You have never held an EAD before. As Rene stated (c)(9) is the correct code to use for K-1's.
Jun 11th 2010, 2:52 am
#5
Member
Joined: Apr 2001
Posts: 14,049
Re: I-765 Eligibility Code Question
(c)(9) is the correct code for people who have applied for adjustment of status, whether they are adjusting from K1 status, K3 status, or some other non-immigrant status. (And to answer one of the OP's questions, yes filing the I-765 and the I-485 concurrently satisfies the I-765 requirement to document that I-485 has been filed.)
(a)(6) is the correct code to use if one is filing I-765 as a K1, prior to filing I-485.
Regards, JEff
(a)(6) is the correct code to use if one is filing I-765 as a K1, prior to filing I-485.
Regards, JEff
Jun 11th 2010, 4:48 am
#6
Joined: Apr 2002
Posts: 35,082
Re: I-765 Eligibility Code Question
Also, those EADs take about 90 days (+biometrics) to receive. They usually don't have any validity left once you receive them and of course you can not work until you actually have it in your hand.
Filing as an AOS applicant yields a one-year validity EAD, which can be renewed (but likely won't need to be).
