The EAD wait..and wait..

[rick_and_leslie 0]

NOA1 for the EAD and AOS had a receipt date of January 17th. Biometrics were taken the first week of February. We had received an RFE in February but have long since submitted the information. Still absolutely nothing. The site shows the case was last updated in mid-February and when we phoned last month we were told that it would be looked into and we'd hear, in writing, w/in 30 days as to what was 'found' as a follow-up to the enquiry. Unfortunately the nearest 'local' office at which we can apply for the interim EAD is over 600 miles away one way and we've become so strapped for money because of the long time without employment that it's limiting our ability to get there! Anyone else running into an extra long timeframe? I thought the K1 wait was frustrating!

[chagalafamilia 0]

Where did you have your biometrics taken? St Paul processes EAD's and should be able to see you if you schedule an infopass for the intrim EAD. You have definately waited longer than 90 days which should allow you to get the intrim EAD.

GOOD LUCK.

Edited May 18, 2006 by chagalafamilia

[Jenn! 918]

Another case to support my theory that if you have biometrics before an RFE for AOS, it seriously delays your EAD.

My husband got his interim this morning. You should really just go and get it.

[lynnd227 0]

Rick and Leslie:

We are in the same boat as you. We had receipt dates of December 27 for both AOS and EAD. We had an RFE, but were scheduled for biometrics before the RFE. We answered the RFE with a receipt date of January 31. Biometrics were done on February 22 and our cases were last "touched" February 25.

We are going to wait until May 30 and will then make an INFOPASS appointment.

We do have one fear, though. If we are given an interim EAD, it is possible that it will only be valid for a few months (Other members at visajourney have stated that they received interim EAD's which were valid from the time their K-1 Visa expired instead of from the time the interim EAD was issued). As a result, their interim EAD was good for only 4 months. Since the most an interim EAD covers is 240 days, what's the chance that an employer will hire someone with an expiry date of 120 days or less? Liam's K-1 was issued in June of 2005 and he arrived here in the states in August.

Our local office is West Palm Beach. According to the BCIS website, they are just processing AOS' with a receipt date of December 20.

The Missouri Service Center (as I am sure you know) is processing EAD's with a receipt date of February 13 which means we have to wait for the site to show they are processing EAD's with a date of March 1 (this with taking into consideration the RFE. So, where our 90 day wait for the EAD was originally March 27, we added another 30 days because of the RFE which changes the 90 day wait to April 27 which is actually 120 days. Since you cannot enquire (and expect any type of help) by phone until your case is 30 days older than the date they have listed as a processing date (which would be January 31-the date RFE response receipt was issued by BCIS) we still have to wait at least until the end of May which give the MSC a total of approx 150 days to process and EAD.

As my ex is from Australia, I know how awful dealing with the West Palm Beach field office can be. If they can hold you up by showing you the regulations that gives them additional time to process, they will. Since they are one of the busiest Field Offices in the country, there is no sense in even making an appointment unless they have no loopholes they can get through.

Other visajourney members have run into situations where they were told a Field office does NOT have to issue an interim EAD and they would just have to "wait."

I am seriously losing my patience (which doesn't help) and it's getting more difficult to keep Liam calm about the whole thing.

What is wrong with this system when those of us who try to do the right thing following the rules get screwed?

Nevertheless,

Good Luck

Lynn

[Jenn! 918]

My husband got an interim EAD yesterday. His is valid for eight months from the date of issue.