Did i file the wrong form?

[murasame 6]

Hello VJ,

Let me repeat my story again so i can be able to plant my question.

I sent the fiance petition on september 2010, went through noa 1 & 2, medical, the appointment, and my girlfriend finally got approved at the end of July, and landed to the U.S July 31st (i-129f took 11 months).

We got married two months later, and on December sent i-485 for adjustment of status. She went for fingerprinting on December 27.

Now, it's going to be 5 months since the finger printing and it's driving us crazy. Our process is already over 2 years and she still haven't gotten her social and green card.

Did i file the wrong form? were we entitled to file other than i485 form for her to get her papers faster? because this means we are doing double the time, if i knew this then i would have gotten married over sea and just file i130. If this is supposed to work like this, then i129 is a waste of time and i wouldn't recommend it to anyone! wth.

Thanks,

[Caryh 5,206]

You should have filed for the EAD (I-765) and AP (I-131) at the same time as the AOS (I-485). The EAD authorizes employment until the green card is complete. The AP allows travel outside the country. You could have gotten the SS card as long as you applied for it while the I-94 had at least two weeks left on it. So you filed the right form, you just missed the steps that would have made life a little easier on you. Sent with the AOS, the EAD and AP are free and lately have only been taking 2 to 3 months.

BTW it would help people help you if you updated your timeline.

[Penny Lane 8,159]

The social security card doesn't simply arrive in the mail. It needs to be applied for at the SSA office. Since the I-94 in your wife's passport has expired, you will have to wait until she receives her green card for you to go apply for one.

[murasame 6]

Thanks.

I updated my timeline thanks for the reminder. Gah i guess we'll have to wait more and more, which is getting tiresome. I wish i knew about having been able to get SS with her fiance visa.

When i call uscis, they tell me to wait 6 months before calling, and that's going to be on June 27th. I am going to call everyday non stop from that day on.

[Caryh 5,206]

Thanks.

I updated my timeline thanks for the reminder. Gah i guess we'll have to wait more and more, which is getting tiresome. I wish i knew about having been able to get SS with her fiance visa.

When i call uscis, they tell me to wait 6 months before calling, and that's going to be on June 27th. I am going to call everyday non stop from that day on.

We've been waiting 6 months now. But we did get the SS and received EAD and AP quite a while ago now. We're mainly concerned about not getting an RFE and starting the count towards citizenship. Did you get transfered to the CSC to? If your case is at your local office, you should be able to look up and see how long they're taking on the USCIS web site. Calling repeatedly isn't really going to do much good. The Customer Service people are not the USCIS, they're a company contracted to talk on the phone with you and basically try to get you to go away and wait. If your case is longer than the local office's processing time, you should try to get to talk to a second teer support person and get a Service Request entered. It might help to get things moving. You'll get no where with a Service Request or getting a congressman or senator involved unless they're behind on your case.

[KayDeeCee 4,893]

Thanks.

I updated my timeline thanks for the reminder. Gah i guess we'll have to wait more and more, which is getting tiresome. I wish i knew about having been able to get SS with her fiance visa.

When i call uscis, they tell me to wait 6 months before calling, and that's going to be on June 27th. I am going to call everyday non stop from that day on.

You can still file for the EAD and AP and have the fees waived. You just need to send a copy of the NOA from filing the I-485 along with the I-765 and I-131. However, those take 2-3 months to process, and it seems as though you should have the green card before then anyway. Hope CSC speeds up with the processing times. Good luck!

[Caryh 5,206]

You can still file for the EAD and AP and have the fees waived. You just need to send a copy of the NOA from filing the I-485 along with the I-765 and I-131. However, those take 2-3 months to process, and it seems as though you should have the green card before then anyway. Hope CSC speeds up with the processing times. Good luck!

I wasn't aware you could do that after. I'll have to remember that for the next person who fails to send them with the AOS. For murasame, he's probably so close to the green card that it won't matter. But for the cost of postage maybe it wouldn't hurt in case their case gets delayed.