EAD time reset because of RFE!! Losing patience,time, and hope

[Mochara 2]

Hey everyone,

New to this site (commenting, anyway) but have used it for support and guidance the last two years and it has been extremely useful! Thanks for sharing your stories, they certainly helped me over the months.

Anyway im seeking advice for my current situation- Adjusting status in the US and currently waiting on AP/EAD which has been pending 80 days, until I called today, and found out they RESET the time because they required further evidence 2 months after we had sent in all our stuff. I am absolutely livid! I have a job waiting and there was me thinking the latest I've have the EAD would be the end of this month, until today they tell me actually it could be March!

I truly am losing hope and considering abandoning my application by going home. I had a job in Ireland and was only supposed to be visiting the US in October, but at customs they denied my esta for no coherant reason, and left me crying in Further Questioning for an hour before deciding theyd let me in. (Ive travelled on the esta back and forth the past two years- almost 8 times, 2 periods of which I stayed for the full 90 days. Even after getting married, submitting the petition for Alien relative I still travelled with no problems)

So I was allowed into the US on an Advance Parole card and told by the officer to make up my mind and either stay in the US or wait out the consular process back in Ireland. This confused me because I thought AP worked the opposite way- Allowed people in the immigration process to travel home prior to recieving their GC, not allowing people in.

So anyway, decided to stay with my Husband in the US since denial on the Esta means you can no longer travel on it, and I didnt want to be seperated from my Partner for god knows how long. Had to leave my job in Ireland, miss my graduation, and tell my family and friends I couldnt come back.

So filed the forms in October, had my Biometrics in November, Requested an expedite (denied) called the local congressman to help with the processing (still no action) and then after waiting 80 days call to submit a service request and find out it was reset, with 90days from the 12/12/14. I am so upset its ridiculous. I miss working, miss home, and the only thing that got me through was looking forward to January so I could finally start working and have a life again! I just graduated (had to get my Degree posted to the US) and cant work or do anything, and just feel like Im stagnating here in a place where I dont know anybody, cant go anywhere or do anything.


Genuinely considering leaving

Doing 3 months unexpectedly unemployed and stuck in limbo here was rough, another 2 I dont think I can do.

[TabeaK 517]

I empathize with your USCIS frustration - trust me!

Your case consuses me though. So you did what? K1 and marry in the states? Or enter on ESTA and file AOS?

If you did the latter your are bound to be under more scrutiny - sorry....

[Dohan 133]

Like Tabeak said above, any other kind of visa adjusted after marriage takes a longer time because they look into why you stayed back, etc. You said you had an RFE, were you not notified? Btw, 90 days is the normal processing time for EAD.

You've already come this far, there is no need to abandon the situation now. If you leave now, you will have to be apart from your partner even longer and most likely go through the I 130 route.

You also mentioned you have a job waiting for you, believe me, you are in a much better state than others find themselves in during this adjustment time. I would suggest requesting an expedite again and continuing to get in touch with your congresspeople. You already have a job offer so you have a valid reason to expedite. When you request to expedite, cite extreme hardship due to inability to work, and extreme financial hardship. This is why we the petitioners sign I 134 and I 864 for our fiances/spouses. But it is worth a try raising a storm and saying extreme harship, etc.

Also, if you were not timely notified of the RFE, unless you moved and did not tell them, this is their shortcoming and you should really badger them about improper processing of documents, and throw in something about human rights. Those of us who have complained a lot, seem to eventually get through.

I know it's hard and frustrating but now is not the time to give up when you are so close!!!!

[Mochara 2]

Hey guys, thanks for your replies.


We were originally doing consular processing- we got married Feb, filed I-130 in March, then I went home because I was finishing studies. So we were visiting back and forth while married and with a pending I-130, no problems until I tried to visit in October.

So had to file AOS then

We got the RFE in November, send the stuff back ASAP, they didnt recieve it until 12/12/14. So now its 90 days from then, instead of October. I did request expedite and they said they needed evidence of financial loss, no word back.

[KayDeeCee 4,896]

You can request an expedite of the EAD based on a job offer.

http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

http://www.visajourney.com/forums/topic/517032-sharing-on-how-to-expedite-ead-based-on-job-offer/

http://www.visajourney.com/forums/topic/495278-i-765-ead-expedite-successful-experience-with-job-offer/

http://www.visajourney.com/forums/topic/496455-ead-expedite-based-on-job-offer/

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[TabeaK 517]

Still confused - weren't you issued with a green card after your DCF in March?

Why were you still traveling on ESTA?

Or did your DCF-CR1 never complete and you essentially tried to adjust status with a still pending CR-1 hence confusing the heck out of USCIS?

Edited January 20, 2015 by TabeaK

[Mochara 2]

Tabeak, no..


We were doing CR-I through consular processing. We filed the petition in March 2014 after getting married.
I had always travelled on an Esta,
Havent got a GC yet.

USCIS shouldnt have been confused as we spoke to them and NVC throughout the whole thing.

[Mochara 2]

KayDeeCee,

Have done that already, read that thread a while ago. No luck yet. Maybe the xmas lull slowed them down, I dont know

[KayDeeCee 4,896]

Perhaps contact the USCIS to inquire about your expedite request, and contact congressman about your case and expedite as some others linked above did.