Concurrent filing incl. EAD -- reality check on time until I can work?

[VTmaple 1]

Our concurrently-filed package (I-130, AOS + EAD) was received July 23rd (our wedding was July 1st). I have a teaching job on offer for the fall, and the school administration is really going out of their way to even hire a sub for me until the EAD is approved. I know that the "worst case scenario" is that they fail to adjudicate within 90 days so that they'd have to issue a temporary EAD.

My questions are about the delay between my online case status showing approved, when I get official written notice (is the EAD card included in that?) and the time it takes to get a Social Security Number. I can't actually sign a contract with the school or get a criminal record check without a SSN, which will only increase the delay for my being allowed in the classroom. I'm trying to help the school administrators as much as possible with a "real" possible start date, but it's tricky!

Maybe we did this all backwards, but the wedding and our plan to file as spouse (rather than K-1) was well underway by the time I received the job offer in mid-May. Of course I explained to the hiring officials what my situation would be in terms of work permission, but I've learned that they who have never dealt with immigration have NO IDEA what it all means...

Any help or input would be appreciated!

[Que Saudade 284]

My questions are about the delay between my online case status showing approved, when I get official written notice (is the EAD card included in that?) and the time it takes to get a Social Security Number. I can't actually sign a contract with the school or get a criminal record check without a SSN, which will only increase the delay for my being allowed in the classroom. I'm trying to help the school administrators as much as possible with a "real" possible start date, but it's tricky!

What case status is showing approved and when is the approval date? Your timeline shows you just filed 07-23-2012. You haven't even had a biometrics appointment yet?

[VTmaple 1]

Nope, haven't had biometrics yet. If I'm lucky, maybe that appointment will be in the letter-mail (NOA1?) that we still haven't received. I've seen that some people seem to get their EAD without biometrics, but I wonder if those people have a different situation than I do.

To be clear, it's certainly not approved now! I think my approval probably won't come until October. I'm trying to make a rough estimate of the timeline will be after the approval is given.

I'm just trying to figure out how much additional time after approval is it likely to take to get official papers plus the whole SSN acquisition.

[Que Saudade 284]

So you entered on a VWP and then got married and now adjusting from that? Is that correct?

[Harpa Timsah 13,258]

After approval, your card will be with you within 10 business days, then when you go to SSA it will take another week to get the number to you. So almost 4 months in total. I don't think you'll make it for this semester.

ETA: You seem confused when you say that worst case scenario is that they fail to adjudicate within 90 days and then issue temporary EAD? That makes no sense. There is no temporary EAD. The one they approve is the EAD, and it is temporary. 90 days is the goal and national average. Some get approved around 70-80 days, but there is now law that they must approve within 90 days. If it goes longer than that, they owe you nothing.

Edited August 5, 2012 by Harpa Timsah

[akihon 129]

After approval, your card will be with you within 10 business days, then when you go to SSA it will take another week to get the number to you. So almost 4 months in total. I don't think you'll make it for this semester.

This.

The OP and I have a similar timeline.

[VTmaple 1]

So you entered on a VWP and then got married and now adjusting from that? Is that correct?

Coming from Canada, it's not technically the VWP, but it functions nearly the same way.

[VTmaple 1]

ETA: You seem confused when you say that worst case scenario is that they fail to adjudicate within 90 days and then issue temporary EAD? That makes no sense. There is no temporary EAD. The one they approve is the EAD, and it is temporary. 90 days is the goal and national average. Some get approved around 70-80 days, but there is now law that they must approve within 90 days. If it goes longer than that, they owe you nothing.

Thanks Harpa Timsah & Mebbe!

USCIS's information sheet for the EAD says:

"Interim EAD: An EAD issued to an eligible application when USCIS has failed to adjudicate an application within 90 days of a properly filed EAD application..."

Edited August 5, 2012 by VTmaple

[Que Saudade 284]

But you entered knowing that you were planning to get married and staying? You bypassed the K1 and CR1 process because as you stated in another post that it is "cheaper and faster".

[VTmaple 1]

But you entered knowing that you were planning to get married and staying? You bypassed the K1 and CR1 process because as you stated in another post that it is "cheaper and faster".

No, actually. My last entry was as a spouse, after the wedding. I answered all the questions fully and truthfully when I crossed. We have also filed the I-130 as part of the concurrent filing process.

[Que Saudade 284]

No, actually. My last entry was as a spouse, after the wedding. I answered all the questions fully and truthfully when I crossed. We have also filed the I-130 as part of the concurrent filing process.

Mmmm, OK.

[Harpa Timsah 13,258]

Thanks Harpa Timsah & Mebbe!

USCIS's information sheet for the EAD says:

"Interim EAD: An EAD issued to an eligible application when USCIS has failed to adjudicate an application within 90 days of a properly filed EAD application..."

Are you sure this sheet (you have no link) isn't old? Anyone who has gone over the 90 days has just filed a service request for approval.

Okay, it appears you had immigrant intent when you crossed the border, correct?

Edited August 5, 2012 by Harpa Timsah

[VTmaple 1]

Are you sure this sheet (you have no link) isn't old? Anyone who has gone over the 90 days has just filed a service request for approval.

Okay, it appears you had immigrant intent when you crossed the border, correct?

The info came from the PDF currently posted here: www.uscis.gov/i-765

We hadn't been sure when we would file -- we had expected I would be back and forth a few more times and when I crossed, I was still employed full-time in my home city. I answered everything they asked truthfully and I was legal to cross.

[Que Saudade 284]

It just seems like a bad recipe that others want to follow. There is a process for a reason. You were aware of the proper proceedings of how to go about it. It appears you purposely did not file that way in order to save time and money.

So, you answered to officer truthfully stating you are a spouse of a USC and you are going to live there and he just let you in? I guess I am just confused as I have never heard of anyone doing that.

But, I am not the one that is going to adjudicate the case. I have a feeling you will be in for a lengthy interview.

Edited August 5, 2012 by Que Saudade

[Penguin_ie 5,996]

*** Moving from CR-1 spousal visa forum to AOS from Student/ Work/ Tourist forum ****