I-765 Question #16

[maxsalvo]

You are basing the I-765 on a pending I-485 (Adjustment of status), NOT on K-1 fiancee. If you base it on the fiancee, the fee is $340, and the resulting EAD will EXPIRE when the K-1's I-94 card EXPIRES, if the I-94 is expired before the I-765 can be approved, they will deny the I-765 and keep the $340.

 

So code for #16 is (C )(9 ) PENDING I-485, and the fee for this EAD is $0 because it is included in the $1010 paid for the I-485.

 

I read this topic and it confused me even more.

 

 

I have been trying to find the answer to what I need to put here but it is quite confusing at this point (probably very simple - just want to be perfectly clear on this)

 

There are 3 sets of parentheses marks on the form for #16. As a K1 visa holder who was recently married and submitting paperwork for AOS, EAD and AP all at the same time, would you use (C ) (9) ( ) like quoted above and leave the last set of parentheses empty like shown above?

 

Thanks in advance.

Max

[dnoblett]

You are basing the I-765 on a pending I-485 (Adjustment of status), NOT on K-1 fiancee. If you base it on the fiancee, the fee is $340, and the resulting EAD will EXPIRE when the K-1's I-94 card EXPIRES, if the I-94 is expired before the I-765 can be approved, they will deny the I-765 and keep the $340.

 

So code for #16 is (C )(9 ) PENDING I-485, and the fee for this EAD is $0 because it is included in the $1010 paid for the I-485.

 

I read this topic and it confused me even more.

 

 

I have been trying to find the answer to what I need to put here but it is quite confusing at this point (probably very simple - just want to be perfectly clear on this)

 

There are 3 sets of parentheses marks on the form for #16. As a K1 visa holder who was recently married and submitting paperwork for AOS, EAD and AP all at the same time, would you use (C ) (9) ( ) like quoted above and leave the last set of parentheses empty like shown above?

 

Thanks in advance.

Max

Correct! (C )(9 )( ) some codes use the 3, but not for a person basing the EAD on a pending I-485.