I-765 Denied. What did we do wrong!?

[aphailscout]

Well I got a very scary letter today stating that my fiance's I-765 (that we applied for with the I-485) was denied, and is implying that she is in the country illegally, and I do not from the letter understand why at all.

In the first paragraph it states:
"You filed Form I-765, Application for Employment Authorization, under the provisions of 8 C.F.R 274a. 12 (a)(9), which is designed for applicants who are nonimmigrant spouse of USC or dependent K-3, K-4, at the California Service Center on July 28, 2015."

That all sounds correct. We did indeed file I-765, at the same time in the same envelope as I-485, and she is, as far as I can determine, a nonimmigrant spouse of a U.S. citizen (me).

In the second paragraph it states:
"USCIS has determined that you were admitted to the United States as a nonimmigrant fiance(K-1) of a USC or as a child (K-2) nonimmigrant on December 8, 2014 for ninety-day period after entry."

This is also correct. My fiance entered the country with a K-1 visa.

Next we got married within 90 days. Specifically, we got married February 28, 2015- the deadline would have been March 8, 2015. She has lived with my in the country ever since.

The second paragraph continues to read:
"Since you were not admitted as K-3, K-4, you are ineligible for the benefit sought under the provisions of 8 CFR 274a. 12 (1)(9). Accordingly the application is denied."

And here's where it no longer makes any sense to me. Correct, she was not admitted as K-3, or K-4. But she is the nonimmigrant spouse of a USC (me), as the first paragraph clearly states makes her eligible for I-765. Why does she all of a sudden specifically need a K-3, K-4 visa? I get the impression then that they don't believe she's the spouse of a USC, which if so, I don't understand either as we included a copy of the marriage certificate and clearly stated on the cover letter of I-485 that we were filing on the basis of her being married to a USC.

I'm so shaken and confused. If anyone can offer some insight to this, please please do.

[bandk]

It seems like you picked (a) 9. You should have picked (c) 9. Refile.

Check page 5.

http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

[aphailscout]

It seems like you picked (a) 9. You should have picked (c) 9. Refile.

Check page 5.
http://www.uscis.gov/sites/default/f...i-765instr.pdf

Well that explains things. Thank you so much. Clearly we misread the instructions there.

So what does this mean for us now? Is this going to have any impact on the decision of the I-485? Should we call or email the USCIS to explain this mistake? I understand we probably need to refile I-765 in order to get the work visa (which we may or may not do), but at this moment in time I'm just concerned with being sure she is not in fact here illegally.

[bandk]

Well that explains things. Thank you so much. Clearly we misread the instructions there.

So what does this mean for us now? Is this going to have any impact on the decision of the I-485? Should we call or email the USCIS to explain this mistake? I understand we probably need to refile I-765 in order to get the work visa (which we may or may not do), but at this moment in time I'm just concerned with being sure she is not in fact here illegally.

It won't affect I-485. They are independent processes. I'd call (even better make an infopass and talk in person) to make sure we are on the same page on this and I 485 is on track. Still they would not easily fix it and resume I 765 (I believe). You would need to refile and you can include receipt of I 485 to waive the fee. Really there's no need to think she's here illegally. That's a formatted paragraph they put in notices to cover a wide area. it's not specific to your wife. I 765 does not grant any legality. If this was I 485 they she could be illegal. Do not worry.