i-765 Form

[montu86]

Hello,

I am Green Card and I am filing a petition for my wife who came to USA as student and she is graduated and currently on OPT. She never worked but just had an internship. Currently, she is on OPT (F-1 Status).

In form i-765, field 20, it asks for "Eligibility Category". What should I enter as her eligibility category? Should it be (c)(9) or something else? I am filing her Green Card and she is currently on F-1.

Thanks,
Montu

[miiki]

(c)(9) is correct.

[newacct]

Hello,

I am Green Card and I am filing a petition for my wife who came to USA as student and she is graduated and currently on OPT. She never worked but just had an internship. Currently, she is on OPT (F-1 Status).

In form i-765, field 20, it asks for "Eligibility Category". What should I enter as her eligibility category? Should it be (c)(9) or something else? I am filing her Green Card and she is currently on F-1.

Thanks,
Montu

Note that filing an I-130 petition doesn't by itself allow her to stay in the US or to apply for an EAD. Only if she applies for Adjustment of Status with I-485, can she also apply for an EAD with category (c)(9). As the spouse of a permanent resident, she is petitioned in the F2A category, which has a wait for visa numbers of around 2 years. That means, only 1-2 years after the filing of the I-130, can she potentially file I-485, if she is in the US and in status at that time; and only then, can she apply for an EAD. If you are filing the petition now, she cannot apply for an EAD now.

[montu86]

Note that filing an I-130 petition doesn't by itself allow her to stay in the US or to apply for an EAD. Only if she applies for Adjustment of Status with I-485, can she also apply for an EAD with category (c)(9). As the spouse of a permanent resident, she is petitioned in the F2A category, which has a wait for visa numbers of around 2 years. That means, only 1-2 years after the filing of the I-130, can she potentially file I-485, if she is in the US and in status at that time; and only then, can she apply for an EAD. If you are filing the petition now, she cannot apply for an EAD now.

Thanks for the information. I filed her i-130 15 months ago. Per uscis, I am able to file her 485 now.