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Posted

I paid for it, of course I did. I paid for my green card application too.

What I meant was nobody asked me for the $85 fee for fingerprints.

I feel like I've been pumping money into this country and not getting anything in return.

You do not pay the biometrics fee with the I-765. All you pay is the filing fee of $380 if filing before your AOS.

If you were denied, it is likely that denial is because your I-94 is expired. The EAD you applied for is only valid until the expiration in your I-94.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Filed: Citizen (apr) Country: Ireland
Timeline
Posted (edited)

To the OP:

First off, welcome to the grand adventure that is applying for adjustment of status.

I'm adjusting from a K1 visa also and recently received my EAD card, but am still waiting for my Green Card.

As other posters have said, the most likely reason for you to receive the rejection is because you filed the EAD *before* you applied for AOS.

The best way to apply is to apply at the same time or after you file for adjustment of status - and it will not cost anything extra.

I can understand the frustration you must feel, but please do not let it get you down.

I suggest you do the following:

  1. Re-file for an employment authorisation document based on your pending AOS application. I recommend you do so as soon as possible. As you have an AOS application pending there is no fee for those adjusting from a K1 visa.
  2. You should have received a Form I-797C - Notice of Action confirming receipt of the adjustment of status application and the fees you have paid - include a photocopy of this notice with your application as proof you have an application for a green card pending. This will ensure that you don't end up paying for the application. If you have not received it yet, wait until it arrives and then file.
  3. Before filing, look at the VisaJourney guide for completing the form for AOS(K1) applicants. http://www.visajourney.com/content/k1k3ead - I found it really helpful especially in listing the documents which should be filed.
  4. On the form, be sure and fill in the category question as ( c ) ( 9 ) - adjustment applicant.

Best of luck!

Edited by trekkypj

K1 Visa Timeline

  • I-129F Sent via USPS EXPRESS MAIL: 05/01/2013 -  NOA1: 05/10/2013 - I-129F NOA2: 08/06/2013 Consulate Interview Date (Dublin, Ireland): 11/25/2013 - Interview Result: APPROVED! - Entered US via DBL POE (Dublin,IE): 04/27/2014 
  • Married on 05/11/2014

AOS Timeline

  • Mailed I-485, I-765 to Chicago Lockbox: 05/28/2014 - I-485 and I-765 NOA1: 06/03/2014 received -  06/10/2014 Biometrics Appointment -  06/25/2014  I-765 Approved -  08/11/2014 - *POTENTIAL INTERVIEW WAIVER LETTER*: Dated 09/10/2014 .  EAD/AP renewal sent by FedEx - 04/13/2015 NOA1 for EAD/AP Renewal -  04/16/2015 Green Card Ordered for production!!! 05/01/2015

ROC Timeline 

  • Mailed I-751 application California Service Center : 2017-01-25 NOA1 / 1 Year Extension letter date : 2017-01-26 Biometrics Appointment - 2017-02-22 Nebraska DMV does not recognize extension letter - require I551 stamp  Got I-551 Stamp valid until 3/20/2018 - 2017-03-21 - Infopass Omaha NE: 2018-03-06 - I-551 stamp for renewing Driving License  - Approved during N-400 interview 2018-05-17. :jest:

Naturalization Timeline 

  • N-400 e-filed: 2018-02-17 - NOA1 received: 2018-02-17 - Biometrics Appointment:2018-03-15 (Early walkin on 2018-03-06) - 2018-04-11 - Notification of Interview Scheduled  - Interview set for 2018-05-17 :dance:
  • N-400 Interview on 2018-05-17 - Passed - Administrative Oath Ceremony same day.

 

am a US Citizen now.B-)

Posted

You do not pay the biometrics fee with the I-765. All you pay is the filing fee of $380 if filing before your AOS.

If you were denied, it is likely that denial is because your I-94 is expired. The EAD you applied for is only valid until the expiration in your I-94.

There was a person not too long back who applied based on the I-94 for a K-1 and had a 1 year expiration date on the EAD. I'm assuming an error in her favor, as its not common to apply for on the I-94, and its supposed to expire with the I-94.

If the EAD based on the I-94 is not adjudicated before the I-94 expires, the EAD will be denied.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: K-1 Visa Country: Wales
Timeline
Posted

Some people do apply for EAD based on K1, but most do not. I think the OP is confused about the process, she mentions GC and there is of course no need for EAD once she has GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (pnd) Country: Poland
Timeline
Posted

First of all,thank you very much for your advice and support, especially trekkypj, you helped a lot!

Second of all, my notice finally came in the mail. It says I exceeded the 90 day period after entering the country. They included Form I-290B, notice of appeal or motion. Should I file that or just redo my EAD application? With my AOS receipt of course.

Filed: K-1 Visa Country: Wales
Timeline
Posted

They denied it correctly, what would the basis of an appeal?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Singapore
Timeline
Posted

Just redo the EAD application form , using the guide here on VJ: http://www.visajourney.com/examples/INS-Form-I-765.pdf, and send it in with your I-485 receipt (NOA1). The fees for EAD will be waived.

There is not much point in appealing as they correctly denied the EAD on the basis that your I-94 was expired by that time.

Flying to Seattle on 6 May 2014!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

First of all,thank you very much for your advice and support, especially trekkypj, you helped a lot!

Second of all, my notice finally came in the mail. It says I exceeded the 90 day period after entering the country. They included Form I-290B, notice of appeal or motion. Should I file that or just redo my EAD application? With my AOS receipt of course.

Best thing is to do a fresh EAD application enclosing a copy of the AOS receipt. There's no benefit in trying to reopen the rejected application.

K1 Visa Timeline

  • I-129F Sent via USPS EXPRESS MAIL: 05/01/2013 -  NOA1: 05/10/2013 - I-129F NOA2: 08/06/2013 Consulate Interview Date (Dublin, Ireland): 11/25/2013 - Interview Result: APPROVED! - Entered US via DBL POE (Dublin,IE): 04/27/2014 
  • Married on 05/11/2014

AOS Timeline

  • Mailed I-485, I-765 to Chicago Lockbox: 05/28/2014 - I-485 and I-765 NOA1: 06/03/2014 received -  06/10/2014 Biometrics Appointment -  06/25/2014  I-765 Approved -  08/11/2014 - *POTENTIAL INTERVIEW WAIVER LETTER*: Dated 09/10/2014 .  EAD/AP renewal sent by FedEx - 04/13/2015 NOA1 for EAD/AP Renewal -  04/16/2015 Green Card Ordered for production!!! 05/01/2015

ROC Timeline 

  • Mailed I-751 application California Service Center : 2017-01-25 NOA1 / 1 Year Extension letter date : 2017-01-26 Biometrics Appointment - 2017-02-22 Nebraska DMV does not recognize extension letter - require I551 stamp  Got I-551 Stamp valid until 3/20/2018 - 2017-03-21 - Infopass Omaha NE: 2018-03-06 - I-551 stamp for renewing Driving License  - Approved during N-400 interview 2018-05-17. :jest:

Naturalization Timeline 

  • N-400 e-filed: 2018-02-17 - NOA1 received: 2018-02-17 - Biometrics Appointment:2018-03-15 (Early walkin on 2018-03-06) - 2018-04-11 - Notification of Interview Scheduled  - Interview set for 2018-05-17 :dance:
  • N-400 Interview on 2018-05-17 - Passed - Administrative Oath Ceremony same day.

 

am a US Citizen now.B-)

Posted

Refile for the EAD based as an adjustment applicant...category C9. Include a copy of your AOS NOA1 with your application.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Posted (edited)

First of all,thank you very much for your advice and support, especially trekkypj, you helped a lot!

Second of all, my notice finally came in the mail. It says I exceeded the 90 day period after entering the country. They included Form I-290B, notice of appeal or motion. Should I file that or just redo my EAD application? With my AOS receipt of course.

You'll be all set then. And there's no fee for the EAD application when you include the AOS NOA1. You might want to include the AP application at the same time, just in case you need to leave the country before the green card arrives. Its also free

Edited by Caryh

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

triage over ? OK ! yay !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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