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Delay in green card effecting amazing career opportunity

By newsboy in Working & Traveling During US Immigration

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newsboy Rookie

newsboy   0

Posted
Filed: K-1 Visa Country: El Salvador
 Timeline
Posted

-Entered on a K-1 visa November 20, 2013

-Married December 21

-Applied for AOS January 29.

-Received interview waver March 14.

-Received RFE for translated birth certificate in late September.

-Sent evidence (a notarized one) near the end of October.

-her I-94 expired November 30

During all this time she got a job, SN, and we got pregnant and had a daughter in October. During her medical leave the I-94 expired. Work asked that we get done kind of paperwork.

But we are in "pending" limbo.

On top of that we have both just been offered amazing news jobs at the same place. They want us to start the 5th

BUT we don't have anything other than service request inquiries, SN, and a marriage license...

The Chicago office is currently working on cases from Feb 22nd according to the USCIS website.

Are we SOL? Is there anything we can do that could ease their concerns? Is employment possible?

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Boiler Grand Master

Boiler   45,402

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You have not mentioned EAD, has she been working illegally?

“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.”

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Boiler Grand Master

Boiler   45,402

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

PS I 94 would have expired after 90 days so not sure what date you were looking at. Not relevant to the issue.

“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.”

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newsboy Rookie

newsboy   0

Posted
Filed: K-1 Visa Country: El Salvador
 Timeline
  • Author
Posted

She has a SNN from when we were dating in college while she was getting her degree. The customs agent told her that we didn't have to submit anything more than the I-485 after we were married.

Work double checked this information with the IRS. The IRS started that she was authorized to work until the I-94 form of entry expired

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Boiler Grand Master

Boiler   45,402

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

IRS have nothing to do with immigration and a SSN does not give you work authorisation.

“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.”

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newsboy Rookie

newsboy   0

Posted
Filed: K-1 Visa Country: El Salvador
 Timeline
  • Author
Posted

We were under the impression that the EAD was only needed before we were married, because the customs officer stated from the moment she was married she became a legal resident of the United States

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Boiler Grand Master

Boiler   45,402

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Suggest you read the guides.

You are in the process of adjusting to legal residency, that is the point of filing.

“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.”

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Your impression was wrong, and you have received some poor advice from people on top of that.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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bob.sansmal Contributor

bob.sansmal   14

Posted
Filed: K-1 Visa Country: Mauritius
 Timeline
Posted

The point behind EAD (as I understand it anyway, plz correct if I'm wrong) is to allow work while waiting for AOS - which is the situation you're now in. As I recall there is no additional fee for it (and AP) when filing the K1 AOS paperwork, and our took about 2 months - you just need to include the application for it.

It's a little late now, of course...and I dunno what you can do but wait in the meantime :-(

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belinda63 Experienced

belinda63   3,031

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Her social security card should say something like "only valid with DHS authorization". If she does not have a work permit she has no authorization to work. Check out the acceptable I-9 documents here http://www.uscis.gov/sites/default/files/files/form/i-9.pdf. You received some very bad advice and she has been working illegally, not sure how the company's HR department filled out the I-9.

You can file the I-751 now and send a copy of the I-485 NOA-1 with it and it will not cost anything. No way she will have her EAD by the 5th.

Just FYI, you don't become an LPR just by marrying a USC. If that were true none of us would have to go through the immigrant visa process nor would you have to file for AOS.

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MichelleNGeorge Explorer

MichelleNGeorge   10

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

You can try to get the GC expedited. I found this to be VERY hard though.

(L) Married 03/18/14 (L)

AOS

AOS filed: 04/04/14

Files received: 04/09/14

NOA1: 04/15/14

Biometrics letter: 04/18/14

Biometrics completed: 05/13/14

EAD shipped: 06/19/14

Potential interview waiver: 07/11/14

Unsuccessful Infopass: 08/11/14

Third expedite request approved: 08/26/14

GC in production: 08/26/14

GC received: 03/09/14

Enlistment oath for the US ARMY 28/10/14

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kzielu Experienced

kzielu   1,149

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

We were under the impression that the EAD was only needed before we were married, because the customs officer stated from the moment she was married she became a legal resident of the United States

Complete nonsense - if she had been a resident, she would be eligible to work. Also, if you have filed for EAD, you wont need to wait for GC. All you can do now is try to apply for EAD through info pass or wait for GC.

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Pinkrlion Mentor

Pinkrlion   2,713

Posted
Filed: Country: Jamaica
 Timeline
Posted

You can still apply for EAD, just submit a copy of NOA1 from AOS. It will take 3 months to process, and then she can work. GC can take up to one year to receive

Phase I - IV - Completed the Immigration Journey 

 

 

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from Fam.-based AOS to Working & Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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