Form I-765 Idiot Check!

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Old Jan 28th 2010, 9:36 pm
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Default Form I-765 Idiot Check!

Hello All,

Once again I am tied to my laptop finding the motivation to finish and print my endless list of forms. And with this done, it is my husbands turn to chain himself to a laptop and do his share!!

So, I sat down and looked over the form and considered it to be relatively simple, however, as we all well know it depends on how you interpret the questions.

The first side of the form was pretty simple. I am filing in my new married name (its such a novelty) so included where asked my maiden name, and address relatively hassle free. It was also a novelty to tick the "married" box....we've only been married about a month and I still enjoy doing this!!

So, at Question 10 my idiot check questions begin. It asks for an A# or I-94#, so I provided the A# from the NOA2 and have included on my I-485 I assume this is sufficient.

Then, Q.11 asks if I have ever applied for employment authorisation from USCIS before. I ticked yes as I came over on a J-1 visa last summer (and spent all summer unemployed) which was arranged via BUNAC. I believe they would have filed at the USCIS office in Vermont, as the BUNAC main office is based in New York, and the program Sponsor is IENA based in Connecticut, and I filled the date in according the the I-797C that was attached to my "Certificate of Eligibilty" that made J-1 visa valid. I was planning to include a copy of this documentation with the I-765, would it also be wise to provide a copy of my J-1 visa (which the embassy kindly stamped "cancelled without prejudice" at my K-1 interview...thus ruining the pretty visa!)?

For Questions 14 and 15 which ask about manner of last entry and current status I answered "K-1 Fiancee Visa Holder" for both. I assume this is correct, as I answered this on every other form when it asked similar questions.

Finally, for Questions 16, where is directs you to the instructions to find the correct Eligibility Categories, I answered (c)(9), as this states:
"Adjustment Applicant -- (c)(9) File form I-765 with a copy of the receipt notice or other evidence that your form I-485 is pending. You may file form I-765 and I-485 together"
Should I include an additional copy of the I-485 with this form (I was planning on following some advice given here for the I-131 which was to make a copy of my signed I-485 form but strike through it and put "copy for evidence for I-131", so I was thinking I could do the same with the I-765)?

Once again, as I have said with my previous idiot checks, any and all help offered is much appreciated. This forum and the people who post here have been incredibly helpful is getting me through this process. Hopefully with a successful visit to a civil surgeon next week I will be dropping off a huge bundle of paperwork at FedEx. (I feel bad killing all the trees I have killed to obtain multiple copies of stuff....But I am planning on planting a few in my new garden to make up for it!!)
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Old Jan 28th 2010, 10:03 pm
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Default Re: Form I-765 Idiot Check!

You answered everything correctly except Q.11. Tick NO there. You have not applied for employement authorization (EAD) from USCIS before.

The J-1 visa is a work visa issued by DOS, not USCIS. It's a different thing than an EAD.

So the answer to Q.11 would be "no".

Rene
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