I-130 and I-485 filing soon

[newacct]

Yes

[SCbasedPerson]

Currently working on the I-765 EAD.
27. Information About Your Eligibility Category
Enter the appropriate letter and number for your eligibility
category below (for example, (a)(8), (c)(17)(iii)).

My wife came to US on B2 tourist visit which got an extension from 03/2021 - 09/2021. In 05/2021 she applied for EB2 visa which is currently pending (she said her attorney told her that she could remain in the US legally while her EB2 was pending). We got married on July 5th 2022, and that has lead me to filing the I-130 on 07/13/2022 and I'm currently completing the steps for the I-485 packet.


I have no idea what her category is for question 27 on the I-765 form. Any help is appreciated.

[newacct]

Currently working on the I-765 EAD.
27. Information About Your Eligibility Category
Enter the appropriate letter and number for your eligibility
category below (for example, (a)(8), (c)(17)(iii)).

My wife came to US on B2 tourist visit which got an extension from 03/2021 - 09/2021. In 05/2021 she applied for EB2 visa which is currently pending (she said her attorney told her that she could remain in the US legally while her EB2 was pending). We got married on July 5th 2022, and that has lead me to filing the I-130 on 07/13/2022 and I'm currently completing the steps for the I-485 packet.


I have no idea what her category is for question 27 on the I-765 form. Any help is appreciated.

(c)(9)

[SCbasedPerson]

Thanks, I'll update my progress later.

[SCbasedPerson]

I'm gathering evidence for I-485. The instructions has a list of 1-14 different pieces of evidence that may or may not be required depending on category. Numbers 11-14 doesn't apply to my wife (she has no criminal record, never had J1 or J2 visa, and is not seeking any waivers).
1) Just for clarity, am I correct?

2) For number 6, should she include copy of marriage certificate?

[SCbasedPerson]

For I-765, will I have to include any evidence? My understanding is "no" she doesn't since she is sending I-485 packet.

[newacct]

I'm gathering evidence for I-485. The instructions has a list of 1-14 different pieces of evidence that may or may not be required depending on category. Numbers 11-14 doesn't apply to my wife (she has no criminal record, never had J1 or J2 visa, and is not seeking any waivers).
1) Just for clarity, am I correct?

correct

2) For number 6, should she include copy of marriage certificate?

No. She is not a derivative beneficiary.

[newacct]

For I-765, will I have to include any evidence? My understanding is "no" she doesn't since she is sending I-485 packet.

You should send the documents required by each form with that form. I-765 would require a government ID and two photos.

[SCbasedPerson]

You should send the documents required by each form with that form. I-765 would require a government ID and two photos.

I guess I should have asked what additional evidence would I need that is not already a part of the I-485 application. I thought sending duplicate evidence was not required in the packet. Government ID and two photos are required with the I-485 application. Unless sending duplicate is suggested, it sounds like I wouldn't have to send any additional evidence with the I-765?

[SCbasedPerson]

Sorry, I just reread what you wrote. You are suggesting sending evidence with each form regardless if it's a duplicate. Thanks

[SCbasedPerson]

I can't believe my case was rejected for something so minor, yet, I understand and have to accept it and move on. I need clarity on a few things before resubmitting but the reason the packet was rejected was because 3 of the pages on the I-485 application had the wrong edition/date in the footer on left side. Prior to sending in the packet, I had to reprint those 3 pages and somehow I must have printed it from somewhere other than the USCIS website which actually surprises me if I did that. Hard to believe but I guess that is the only way that could have happened. What's more weird though is that the 3 pages they did not accept had an Edition date of 07/15/22. The other pages that they didn't have a problem with had Edition date 03/29/2021.

Moving on. I need to make sure I resubmit this correctly. All of the applications (I-485, I-765, I-864, I-131 and I-693) have stamps from USCIS with date, time and some other numbers at the base of each of the pages. In addition to the 3 pages that they rejected, I assume I have to completely redo each and every page in each 1 of these applications again, INCLUDING the I-693? If so, that means I have to contact the USCIS civil surgeon again for new application? I will upload a copy of the rejection notice. It was confusing at first because they said the application was missing 3 pages. Well, it was necessarily missing 3 pages. They removed 3 pages because of the wrong Edition/Date and the bttom. Those 3 pages were mailed page and stapled separate from the I-485 and it had the Edition circled with a question mark beside it.

They sent every last piece of document/pages back to me, even the envelope I mailed the packet in. With the exception of the 3 pages, all 5 of the applications were separated and each of them were stapled. The evidence that I had paper clipped with the I-131 and evidence I had with the I-765 were not stapled to those applications when they mailed it back. They removed the evidence from those 2 applications and stapled it with the evidence on the I-485 form, which means there are 3 duplicate copies of some evidence in the I-485 that is stapled together. I'm only explaining all of this just in case I get a response telling me I can simply resubmit what they mailed back to me with the correction of the 3 pages. Of course if I have to redo everything, this question doesn't matter.

[SCbasedPerson]

(c)(9)

I-765 application was rejected also because of "Eligibility Category". I put (c) (9) ( ) and left the last square blank. The rejection notice says "Eligibility Category C09". Notice uploaded. How exactly should I fill this in?

[newacct]

I-765 application was rejected also because of "Eligibility Category". I put (c) (9) ( ) and left the last square blank. The rejection notice says "Eligibility Category C09". Notice uploaded. How exactly should I fill this in?

(c) (9) ( ) is correct. They are saying your I-765 is rejected because the I-485 it depends on is rejected.