Advance Parole and EAD Delayed: expedite or not?

[Europa85 0]

Hello everyone!

After going through a super long wait last year, I finally got my K-1 visa last Fall, I moved to the States and got married. I thought everything was going to be easy after that, but clearly I was wrong. I applied for my AOS, EAD, and AP on the 12-13-2014. I have been waiting for 94 days, and my AD and EAD are still at "Initial Review." On my personal page, they say that the average processing time for AP is three months (and I know that many people get that after 2 months), but when I called to inquire why the AP is taking so long, they told me that now National Benefits Center is taking 4 months. So I can't even submit the E-request to check my application status. Did someone have the same experience?

Now, I really need to go back to Italy because I am having a religious wedding at the end of May and I need to have my wedding dress fit, and to do all the preparatives. My lawyer says this is not a strong reason to expedite my AP application, but that we can try it anyway, showing to the local officer all the receipts and saying that this is going to be a "Severe financial Loss." The fact that I have been waiting for already 94 days would be on my side, of course.

What should I do? Do you suggest me to try anyway to expedite the process or is it likely going to be only a waste of money (my lawyer would get paid a lot for that)?

I really don't understand why everything is taking so long! It is so frustating not being able to go home or to work. To me this is like a violation of individual freedom, and I find it particularly offensive since the US are supposed to be the paladin of freedom. I have never felt so impotent in my whole life!

Thanks to you all, and good luck with your applications!

[TBoneTX 46,189]

Welcome to VJ! I'm moving your thread to the "Adjustment of Status from Family-Based Visas" main forum so that you'll have a wider audience to advise you.

I would definitely pursue an expedite. "The squeaky wheel gets the grease" and "we rarely get what we don't ask for."

[aaron2020 11,651]

Good luck getting your AP.

Unfortunately you may get hit with the "We told ya not to make travel plans without the appropriate documents in your hands. Your failure to follow instructions does not constitute an emergency for us."

[KayDeeCee 4,896]

It will not hurt you to try the expedite. The worst they can do is say no. The best they can do is say yes. So, go for it, and good luck.

[agnesb 47]

I'd do that. The website is still showing 3 months although it has not been updated since dec 31st. I think you'll get it soon though, it just see, long but there was the christmas break and couple of other national holidays in a way.

You don't need a lawyer to do that though. Just make an infopass appointment and go there with all the receipts etc.

[canusa920 11]

Hello everyone!

After going through a super long wait last year, I finally got my K-1 visa last Fall, I moved to the States and got married. I thought everything was going to be easy after that, but clearly I was wrong. I applied for my AOS, EAD, and AP on the 12-13-2014. I have been waiting for 94 days, and my AD and EAD are still at "Initial Review." On my personal page, they say that the average processing time for AP is three months (and I know that many people get that after 2 months), but when I called to inquire why the AP is taking so long, they told me that now National Benefits Center is taking 4 months. So I can't even submit the E-request to check my application status. Did someone have the same experience?

Now, I really need to go back to Italy because I am having a religious wedding at the end of May and I need to have my wedding dress fit, and to do all the preparatives. My lawyer says this is not a strong reason to expedite my AP application, but that we can try it anyway, showing to the local officer all the receipts and saying that this is going to be a "Severe financial Loss." The fact that I have been waiting for already 94 days would be on my side, of course.

What should I do? Do you suggest me to try anyway to expedite the process or is it likely going to be only a waste of money (my lawyer would get paid a lot for that)?

I really don't understand why everything is taking so long! It is so frustating not being able to go home or to work. To me this is like a violation of individual freedom, and I find it particularly offensive since the US are supposed to be the paladin of freedom. I have never felt so impotent in my whole life!

Thanks to you all, and good luck with your applications!

Hi there, I applied for my AP.EAD on November 18th, and didn't receive it until well over 110 days later. I filed for Ombudsman, and also contacted our local senator for help. But within a few days of doing that it was in "Card Production". But you could still try that and see if it helps you!

[bigdog 376]

Go for it!

[Europa85 0]

Thank you to you all, that was helpful! I went to the local congresswoman today, and I took an Infopass appointment at NYC office for the 28th of March to expedite (I'll go without the lawyer). There is no harm in trying -- let's hope this works out!

[VicMark2013 0]

The chances of expidited AP are virtually zero. The process takes exactly 90 days, and they will use all of it. Your AP, if approved, will arrive much faster than they state in letters (10 days for my wife).

Be calm, and do not push. Squeaky wheels do not get greased ay USCIS. They have heard every excuse, reason, and plea- the answer will not change unless it is literally you life that hangs in the balance, and then probably not.

Remember, the entire process is set up to identify fraud.

[KayDeeCee 4,896]

The chances of expidited AP are virtually zero. The process takes exactly 90 days, and they will use all of it. Your AP, if approved, will arrive much faster than they state in letters (10 days for my wife).

Be calm, and do not push. Squeaky wheels do not get greased ay USCIS. They have heard every excuse, reason, and plea- the answer will not change unless it is literally you life that hangs in the balance, and then probably not.

Remember, the entire process is set up to identify fraud.

You obviously did not read the part of the OP's post where it was stated they have already been waiting 94 days, 97 days now since this was posted 3 days ago.

[Europa85 0]

Exactly, Jay-Kay. They have been 102 days now and still nothing. Apparently National Benefits Center is currently being very slow. I'll try to expedite Friday, but of course my expectations of success are low. I did everything legally since the beginning, and it would be impossible and crazy to identify my case as a fraud. How frustrating.

[Mike Bowman 8]

We did our AOS, AP, EAD about the same time you did. We just got out AP, EAD card in the mail yesterday...Thank God! The green card....well who knows. So here's a story for ya that will make you boil. I have a coworker who found a Ukrainian woman while she was here on vacation. She went back home after meeting him, then came back using her tourist visa. They decided to get married. This is a violation of US Visa. They did the AOS...it got RFE'd 2 times! They finally got it right the third time. This was back in November...2 weeks before I submitted my AOS paperwork (legally)...we live in the same area. Within two weeks she got a notice to get her biometrics done . They did that. Within a month after that they had the interview! The USCIS officer yelled at her for violating VISA rules and said they will have to take this case under careful review. They made a decision overnight and approved her for her green card! She got the card the same day as the EAD and AP (a week later). She went to Ukraine for a month and came back already! Me and my wife still hadn't got a notice about biometrics! We finally did. That was a month ago. We are still waiting for our green card yet someone who violates their tourist visa gets a nice smooth "jump in front of the line" and gets everything done in less than 2 months! Talk about being pissed! At least my wife can look for a job but can't drive yet. If that makes any sense. So I feel ya! Hang in there. I'm sure it will come soon enough. On the website ours does not say card processing....but we have our EAD card in hand. AOS paperwork still says in Initial Review.

[californiasunset 0]

We got a letter from USCIS on 13th December 2013 confirming they had received our AOS etc, we had our biometric appointment a few weeks later and and RFE end of January.

We are still awaiting our EAD & AP which my attorney told me it would be 80-90 x days, we are now well over 100 x days. My application is being processed by the NBC in Missouri.

At least i know we are not the only ones with a delay now after reading this thread, please keep me updated with your progress.

Our acceptance form and biometric appointment came through so quickly that i presumed the EAD would but i guess not