EAD time, fiance family money woes

[klr650 0]

ok people, hello again. ain't checked on here in awhile coz we've been having way too much fun being married and together! After getting hitched on Dec. 21, 2010, we stupidly put off filing for her AOS until March 14 when we finally mailed it to Chicago. It took USCIS a month before they even cashed our check and we only last week before last got something in an email saying we'll soon get a paper letter of receipt and then we can follow our case progress online. We've looked thru some statistics but are confused. We did file concurrently for an EAD. Now her family back in Nepal is having some major land/house problems and my wife needs to start working ASAP to save up to buy the family their own land/house soon. Is it really gonna take 4 months before she gets her EAD so she can get a job? We're really starting to chew away at my retirement savings now. Jeez.

[TracyTN 237]

It can take 4 months, it can take less. Unfortunately, that's one of the 'cons' of a K1 - a period of non work.

[Inky 1,110]

3-4 months is the general time frame without any RFE issues or anything.

Also need the SSN with the EAD to work. That can take a couple of weeks to a month to get in the mail. Unless you already applied for that before the I-94 expired/got close to expiration.

[klr650 0]

so just after i began this thread in the mailbox was 4 letters from USCIS, receipt for $, advance parole receipt, EAD receipt, and an interview (biometrics) appt for next wed, may 4. what do they do at this biometrics interview? any ideas now about how long the EAD will take us? at least going over to Helena has got to be easier than the nitemare at the Dallas office i remember.

[Gary and Alla 3,694]

ok people, hello again. ain't checked on here in awhile coz we've been having way too much fun being married and together! After getting hitched on Dec. 21, 2010, we stupidly put off filing for her AOS until March 14 when we finally mailed it to Chicago. It took USCIS a month before they even cashed our check and we only last week before last got something in an email saying we'll soon get a paper letter of receipt and then we can follow our case progress online. We've looked thru some statistics but are confused. We did file concurrently for an EAD. Now her family back in Nepal is having some major land/house problems and my wife needs to start working ASAP to save up to buy the family their own land/house soon. Is it really gonna take 4 months before she gets her EAD so she can get a job? We're really starting to chew away at my retirement savings now. Jeez.

Probably. Best to get the AOS paperwork ready before she arrives and send it within a couple days of getting married. They are not going to speed things up because you delayed filing.

so just after i began this thread in the mailbox was 4 letters from USCIS, receipt for $, advance parole receipt, EAD receipt, and an interview (biometrics) appt for next wed, may 4. what do they do at this biometrics interview? any ideas now about how long the EAD will take us? at least going over to Helena has got to be easier than the nitemare at the Dallas office i remember.

They take her photo and fingerprints. The EAD will take 2-4 months, usually, to receive.

Edited April 27, 2011 by Gary and Alla

[Inky 1,110]

Biometrics is not an interview. Its a 5-10 minute finger print and photo taking and you are done.

[klr650 0]

mas confusiones!

ok i read tracy TN's reply to my post and cliked on the external link "work authorization for SSA purposes, which took me to ssa.gov site. under RM10211.420 Employment Authorizations for non-immigrants section C. Policy, employment authorizations by COA (class of admittance) #1. Aliens Work Authorized W/O specific DHS authorization, scroll down, K-1 visa holders!! so doesnt this mean she can work w/o any EAD or green card? or am i missing something here? her I-94 card stapled in her passport only has a stamp ADMITTED SFR class k-1 until jan 25 2011 and nothing else. tho her SS card she got does say on it not allowed to work w/o DHS authorization. now what?

[Inky 1,110]

It means basically she can get an SSN now with avalid I-94. But she cannot use it to work unless she has EAD or green card.

If you get the SSN before EAD its that much sooner that she can work because SSN can take some weeks to get in the mail.

[klr650 0]

so today we received a I-797C "Notice Of Action" in the mail, called a "transfer notice". advising us in order to speed things along they sent the stuff from chicago lockbox to california service center. whats the deal with that? does that mean the EAD or Green Card will happen soon?

On wednesday we drove the scenic 120 miles over to the Homeland Security office in Helena Montana, for her biometrics appt. It was a breeze. I remember from past wives dealing with the nitemare in the Dallas office but here i was so surprised. They were actually friendly! Even the guard dude was nice and talkative. So much easier than big city places. The official dude said maybe 6 weeks for her EAD, or maybe sooner? any guesses from this stage of our game?

[Gary and Alla 3,694]

mas confusiones!

ok i read tracy TN's reply to my post and cliked on the external link "work authorization for SSA purposes, which took me to ssa.gov site. under RM10211.420 Employment Authorizations for non-immigrants section C. Policy, employment authorizations by COA (class of admittance) #1. Aliens Work Authorized W/O specific DHS authorization, scroll down, K-1 visa holders!! so doesnt this mean she can work w/o any EAD or green card? or am i missing something here? her I-94 card stapled in her passport only has a stamp ADMITTED SFR class k-1 until jan 25 2011 and nothing else. tho her SS card she got does say on it not allowed to work w/o DHS authorization. now what?

No

It means they defaulted K-1s intro that category so tyhey can get an SSN to meet the requirements of their visa to get married. Soem jurisdictions required it. The SS administration does not determine who works. When she gets her SS card it will say "Not valid for work"

K-1s cannot work until they have an EAD or Green card. Simple answer. You have the option of getting married first and filing for an CR-1 which comes with a green card and she can work right away. You chose a visa that does not do that.

[Gary and Alla 3,694]

so today we received a I-797C "Notice Of Action" in the mail, called a "transfer notice". advising us in order to speed things along they sent the stuff from chicago lockbox to california service center. whats the deal with that? does that mean the EAD or Green Card will happen soon?

On wednesday we drove the scenic 120 miles over to the Homeland Security office in Helena Montana, for her biometrics appt. It was a breeze. I remember from past wives dealing with the nitemare in the Dallas office but here i was so surprised. They were actually friendly! Even the guard dude was nice and talkative. So much easier than big city places. The official dude said maybe 6 weeks for her EAD, or maybe sooner? any guesses from this stage of our game?

It means it has been transfered for processing. It does not mean it will happen any faster. Maybe 6 weeks or maybe sooner. Or maybe not. Alla got her green card before she got her EAD, about 8 weeks after we filed. A friend just got his wife's green card after waiting more than 6 months.

[CGOlivas 9]

You can also follow the thread March filers 2011 to get an idea where you stand in comparison to others who also filed in March.