I-765 denied while AOS is pending

[sajdiddy 0]

Hi All,

I'm in a bit of a dilemma here and needed some guidance or advice from someone who has gone through something similar.

My wife came to the US on a K1 visa on June/2010, we were promptly married by a New York State judge in July/2010 and filed the AOS paperwork in August/2010 of this year. I filed everything well before her 90 day expiration but recently received a denial request for her work authorization. My case was moved two times and now resides in California and have submitted two RFE's for my wife's AOS. I feel that when the case was moved around, they may have forgotten to process the work authorization. Here's my question, my wife has been working as a temp for a few weeks now and I'm concerned about not having the I-765 approved. The denial noticed stated that my wifes fiance visa has expired and is not permitted to work. In a rough economy as we're going through, I need all the financial help I can get. I called customer service several times and received several different answers. I requested to have her AOS expedited in hopes of maybe receiving an approval on her greencard within the next few weeks. Is my assumption correct? Should I re-submit her I-765 along with the paperwork proving her AOS is pending? Any suggestions of guidance would be appreciated.

Thanks

[ATPEACE 43]

Hi All,

I'm in a bit of a dilemma here and needed some guidance or advice from someone who has gone through something similar.

My wife came to the US on a K1 visa on June/2010, we were promptly married by a New York State judge in July/2010 and filed the AOS paperwork in August/2010 of this year. I filed everything well before her 90 day expiration but recently received a denial request for her work authorization. My case was moved two times and now resides in California and have submitted two RFE's for my wife's AOS. I feel that when the case was moved around, they may have forgotten to process the work authorization. Here's my question, my wife has been working as a temp for a few weeks now and I'm concerned about not having the I-765 approved. The denial noticed stated that my wifes fiance visa has expired and is not permitted to work. In a rough economy as we're going through, I need all the financial help I can get. I called customer service several times and received several different answers. I requested to have her AOS expedited in hopes of maybe receiving an approval on her greencard within the next few weeks. Is my assumption correct? Should I re-submit her I-765 along with the paperwork proving her AOS is pending? Any suggestions of guidance would be appreciated.

Thanks

If your wife does not have the right authorization to work, then she should not be working. If the company she is working for gets audit, and they have un-authorized workers on their payroll, then they will be fine $$$$$$$$$$$.

P.S. Don't blame the rough economy, blame poor planning on your part. Do an infopass and get the answers to your questions regarding the status of your wifes AOS/GC/EAD.

[Deputy Purple 1,294]

Even if she was issued an EAD it would expire with with her I-94 anyway. Since they adjudicated the EAD Application after the expiration of her I-94 they could not approve it.

[Harpa Timsah 13,258]

It's the company's fault for hiring undocumented workers, not his wife's.

Anyway, I don't really know the answer to your question, but here is what I do know. 765's are generally automatically approved for AOS. At first I thought that one of your RFEs did not answer their question properly and so 765 was denied, but the required documentation for 765s is basically nothing, so something else must be up. It is possible that the RFEs did not properly address the missing information and they are prepping to deny the whole 485, but one would think you would have heard something at the same time as your heard about the 765. What happened to your 131?

They didn't "forget" the application though.

Is it possible they denied 765 because they found out she was working? The wording on her denial notice seems to indicate they know (and of course they would, if she used her social). Question: did your wife claim she was a US Citizen or something in her paperwork?

I, too, would make infopass to see what is going on. Good luck.

Even if she was issued an EAD it would expire with with her I-94 anyway. Since they adjudicated the EAD Application after the expiration of her I-94 they could not approve it.

No, once AOS is submitted I-94 is irrelevant. Plenty of K-1 entries get EADs after their I-94 expires if it is conjunction with their AOS paperwork.

Edited December 8, 2010 by Harpa Timsah

[Harpa Timsah 13,258]

Grr, can't edit anymore... another thought.

What code did you put on the 765? Was it C9? Maybe you put the wrong code so they do not know on what grounds to give EAD and therefore denied it based on the qualifications for the code you entered.

[sajdiddy 0]

I don't remember the code to be honest with you as I have the copies at home but will check on it tonight. I am going to schedule an infopass and see if I can get any answers. I was told that the EAD should be approved while the AOS is pending as it was submitted together. Maybe I was told the incorrect information.

It's the company's fault for hiring undocumented workers, not his wife's.

Anyway, I don't really know the answer to your question, but here is what I do know. 765's are generally automatically approved for AOS. At first I thought that one of your RFEs did not answer their question properly and so 765 was denied, but the required documentation for 765s is basically nothing, so something else must be up. It is possible that the RFEs did not properly address the missing information and they are prepping to deny the whole 485, but one would think you would have heard something at the same time as your heard about the 765. What happened to your 131?

They didn't "forget" the application though.

Is it possible they denied 765 because they found out she was working? The wording on her denial notice seems to indicate they know (and of course they would, if she used her social). Question: did your wife claim she was a US Citizen or something in her paperwork?

I, too, would make infopass to see what is going on. Good luck.

No, once AOS is submitted I-94 is irrelevant. Plenty of K-1 entries get EADs after their I-94 expires if it is conjunction with their AOS paperwork.

[Harpa Timsah 13,258]

I don't remember the code to be honest with you as I have the copies at home but will check on it tonight. I am going to schedule an infopass and see if I can get any answers. I was told that the EAD should be approved while the AOS is pending as it was submitted together. Maybe I was told the incorrect information.

No, that's right. It should be approved with your AOS paperwork. But I think your paperwork is wonky and whoever got the separated EAD didn't know it was in conjunction with your AOS, or something else... But, I am really just playing a guessing game here. Good luck, check your paperwork when you get home

[JimVaPhuong 4,863]

Grr, can't edit anymore... another thought.

What code did you put on the 765? Was it C9? Maybe you put the wrong code so they do not know on what grounds to give EAD and therefore denied it based on the qualifications for the code you entered.

Agreed. It sounds like he put "A6" - K1 fiancee. A K1 is only eligible on that basis until their I-94 expires.