i-765 DENIED.....re-application processing time

[hedwigcharms 0]

Hello Everyone,

My husband came over on a k-1 visa in October. We immediately applied for the i-765 under the a(6) category. In the meantime we got married and applied for the AOS. Recently we called to check on the status of the EAD and were told it was denied back in February. This seemed pretty unbelievable considering we were never notified and not returned the fee we sent in. In any case we were told that it was pointless to have applied for the EAD under the a(6) and should have waited until after we were married and filed under c(9). In hindsight, I really wish i would have researched this a little more!!! Nothing I can do now by reapply. So we sent in the application again with the corrected category. Does anyone know if this is going take an additional 90 days? Or can we expect it to come sooner? anything we can do to expedite the situation? would getting an immigration attorney speed up the process?

any information you could provide would be greatly appreciated

[VanessaTony 3,567]

No an immigration does NOTHING to speed up the process.

And yes, it will take 60-90 days, like any other EAD application.

[KayDeeCee 4,896]

Did you include a copy of the NOA receipt notice from filing the I-485 so the fee will be waived? It will still take the usual processing time. A lawyer cannot help speed up the process for you and there is nothing to do to expedite. It will take about 2-3 months.

[hedwigcharms 0]

yes I sent in a copy of the i-485 and a copy of the checks i wrote them. I guess I will keep my fingers crossed that it comes in 60 days.

[ImmemorialN 7]

Your username is awesome, by the way.

Good luck!

[Penguin_ie 5,997]

**** Moving from K1 to AOS from Family Visa as OP is already in the USA and question is about EAD *****

[didopage 337]

I-765 is free when filed with a pending AOS... There was only one check to write, total is $1,070.

How many checks and how much did you send them? I hope you didn't pay for the EAD a second time?

[anajnic 87]

Hello Everyone,

My husband came over on a k-1 visa in October. We immediately applied for the i-765 under the a(6) category. In the meantime we got married and applied for the AOS. Recently we called to check on the status of the EAD and were told it was denied back in February. This seemed pretty unbelievable considering we were never notified and not returned the fee we sent in. In any case we were told that it was pointless to have applied for the EAD under the a(6) and should have waited until after we were married and filed under c(9). In hindsight, I really wish i would have researched this a little more!!! Nothing I can do now by reapply. So we sent in the application again with the corrected category. Does anyone know if this is going take an additional 90 days? Or can we expect it to come sooner? anything we can do to expedite the situation? would getting an immigration attorney speed up the process?

any information you could provide would be greatly appreciated

It won't, 6 weeks max if so long , trust me

[hedwigcharms 0]

I sent a check in for $380 when I sent in the application in October, Then I sent a check for $1,070 when I sent in my application for AOS in January. So then obviously I overpaid. Does that mean that I am entitled to a refund?

[hedwigcharms 0]

It won't, 6 weeks max if so long , trust me

I certainly hope so.......

[KayDeeCee 4,896]

I sent a check in for $380 when I sent in the application in October, Then I sent a check for $1,070 when I sent in my application for AOS in January. So then obviously I overpaid. Does that mean that I am entitled to a refund?

No.

[didopage 337]

No.

... Because in October you had no AOS pending when you filed for EAD. That is why it is best to file for EAD at the same time as AOS, or later but it's simpler to file for both at once. Fees for EAD would have been waived.

[VanessaTony 3,567]

It won't, 6 weeks max if so long , trust me

Where did you get this figure? The stats are 60-90 days. That would be 2-3 months. It depends on a lot of factors. Add to it the OP didn't file it concurrently.

[anajnic 87]

Where did you get this figure? The stats are 60-90 days. That would be 2-3 months. It depends on a lot of factors. Add to it the OP didn't file it concurrently

My EAD was filed last. it was not filed with other documents. When I received my first EAD it took 5 weeks, my renewal took 3 weeks. As a matteer of fact i filed on the 26th april and I received the card today. Different strokes for different folks.. God is in the midst Trust me