Almost a Year Since Filing AOS

[jregister10 1]

My wife filed her AOS last May. We received NOAs in June that her case was moved to the California Service Center, and we had her biometric appointment. No further communication for going on 10 months now. Other threads have stated that CSC is lagging for most everyone filing AOS last year between April-July. This stinks, but if that's how it rolls, then all we can do is wait.

But I do have some question...

1) What is her status at this time? (Permanent resident? Conditional resident? Authorized Immigrant? Is she legal?) Her employers and others ask her what her status is and all we say is... we are waiting on the green card, which sounds very much like she could be kicked out of the country at any moment. Does she have a legal claim or status that allows her to stay here indefinitely while her I-485 is pending? What is it called? What documentation proves this?

2) If she is allowed to be here while her 485 is pending, what exactly is the difference between what she can do before she receives the green card? We live life like there is no USCIS (travel domestically, she works with an EAD, joint bank accounts). What's the point? How long can she be in this "status"? What is the real benefit of the green card, except the lack of suspense waiting to see if the USCIS will approve of her?

3) We are approaching the 1 year mark since her entry to the US. Does her I-94 expire, and is it required to maintain her "status" (whatever it is)?

We don't mind waiting for CSC, since the flowers are still blooming and I wake up with her everyday. It wouldn't bother me if CSC never bothered us again... but what would that mean?

Any thoughts?

[Hypnos 6,576]

1) Her adjustment of status application is pending. This gives her a period of authorised stay that persists until her application is finally adjudicated. You can use the NOA from her I-485 to indicate that her AoS is pending.

2) Without an EAD she cannot work; without AP she cannot travel internationally.

3) See (1).

It can take around a year for AoS based on a K visa to be adjudicated. This is normal.

Edited April 8, 2013 by Hypnos

[jregister10 1]

1) Her adjustment of status application is pending. This gives her a period of authorised stay that persists until her application is finally adjudicated. You can use the NOA from her I-485 to indicate that her AoS is pending.

Thank you. This is terrific news. I'm going to laminate that NOA and color it green.

2) Without an EAD she cannot work; without AP she cannot travel internationally.

She has access to both. It seems if CSC keeps her application forever at the bottom of the pile we would never have to fill out any more apps, refile green card renewals, or pay anymore processing fees! Yay!

CSC - take your time.

It can take around a year for AoS based on a K visa to be adjudicated. This is normal.

Thanks for the advice. This will definitely help calm my wife down a bit.

[Hypnos 6,576]

Well without her I-485 being approved she is not accruing time towards naturalisation (if that is something she wants to do).

[William2011 1]

I really wish I could have your attitude about the extra long wait times for the AOS. It does bother me not really knowing if my wife can stay here with me or not. There is no reason they should not approve it, but I really would like to have it to know for sure. USCIS has done some weird things over the years. The longer the wait times, the more I wonder what happened to the application.

The EAD/AP combo card is ok. We are going to re file for this next month, but this is temp card. That card does not guarantee anything really. I have heard stories from people who could not board airplanes and who were not hired, because they don't have a green card. All of this is wrong and illegal really, but the vast majority of people don't know what a EAD/AP combo card is. They know what a green card is. We are fixing to go through this again while getting a State ID. I want her to have this State ID, so when she is asked for ID, they wont in turn ask about her immigration status.

This really is a shame how the US treats people who come to this country legal. I filed a K1 for my wife back in late 2010. She has been here one year now, and she still does not have a real status yet. Like I said, I wish I could have your positive attitude. God Bless.

Edited April 9, 2013 by William2011

[agrabs 241]

I really wish I could have your attitude about the extra long wait times for the AOS. It does bother me not really knowing if my wife can stay here with me or not. There is no reason they should not approve it, but I really would like to have it to know for sure. USCIS has done some weird things over the years. The longer the wait times, the more I wonder what happened to the application.

The EAD/AP combo card is ok. We are going to re file for this next month, but this is temp card. That card does not guarantee anything really. I have heard stories from people who could not board airplanes and who were not hired, because they don't have a green card. All of this is wrong and illegal really, but the vast majority of people don't know what a EAD/AP combo card is. They know what a green card is. We are fixing to go through this again while getting a State ID. I want her to have this State ID, so when she is asked for ID, they wont in turn ask about her immigration status.

This really is a shame how the US treats people who come to this country legal. I filed a K1 for my wife back in late 2010. She has been here one year now, and she still does not have a real status yet. Like I said, I wish I could have your positive attitude. God Bless.

[Darnell 8,478]

She has access to both. It seems if CSC keeps her application forever at the bottom of the pile we would never have to fill out any more apps, refile green card renewals, or pay anymore processing fees! Yay!

Remember, Can file for renewal of EAD card before it expires. Renewal is free, include I-485 NOA-1 copy with the application.

[jregister10 1]

I really wish I could have your attitude about the extra long wait times for the AOS. It does bother me not really knowing if my wife can stay here with me or not. There is no reason they should not approve it, but I really would like to have it to know for sure. USCIS has done some weird things over the years. The longer the wait times, the more I wonder what happened to the application.

The EAD/AP combo card is ok. We are going to re file for this next month, but this is temp card. That card does not guarantee anything really. I have heard stories from people who could not board airplanes and who were not hired, because they don't have a green card. All of this is wrong and illegal really, but the vast majority of people don't know what a EAD/AP combo card is. They know what a green card is. We are fixing to go through this again while getting a State ID. I want her to have this State ID, so when she is asked for ID, they wont in turn ask about her immigration status.

This really is a shame how the US treats people who come to this country legal. I filed a K1 for my wife back in late 2010. She has been here one year now, and she still does not have a real status yet. Like I said, I wish I could have your positive attitude. God Bless.

I think you're right about peoples ignorance and so reacting wrongly (sometimes illegally). Fortunately, we have not had to face any horror stories... yet.

Knowing that something bad could happen in the future makes me impatient to get the green card for my wife's sake and yours.

Meanwhile, with nothing else I can do about the AOS I have the opportunity to give my wife some kung fu wisdom:

Yesterday is history, tomorrow a mystery, but today is a gift, that is why they call it the present. - Oogway

Thanks.

[Pitaya 2,577]

The workload juggling going on at USCIS is what it is, though it could be quite unnerving and frustrating. As others have mentioned, if it becomes necessary to renew your EAD, it is free, as previously indicated. It has been suggested on another forum thread to start the renewal process 90 days prior to the EAD expiration.

It sounds like you are trying to put a good spin on the whole AOS process. Hang in there, hopefully your wife will get her GC soon.

Good luck.

[jregister10 1]

Received the green card today! WoohoO!

[agrabs 241]

Received the green card today! WoohoO!

:dance: congratulations!