Raked over coals by USCIS so called Senator and ranted

[whysodifficult? 31]

So, this is really complicated. Wife entered on K1 and right away we applied for EAD, knowing it would only be valid for a short time. Got married and applied for AOS. AOS got kicked back because we missed ticking one box on one form. Called USCIS to get help in being sure we had it all right. At this point, the original I-765 had been out there for over three months. We were told on the phone that we should pull the I-765 from the AOS package and allow the first one to be processed. Assked them to repeat it because it sounded wrong but I was told this is what I should do. Went to USCIS office to be certain we had all of the paperwork done correctly. They confirmed, yep, don,t resubmit I-765, so we let it fly. Had some other questions so we made an appointment and spoke to the USCIS people again (we like this better because you can get someone's name and you know where they work if you need to complain). This time, we told her about the I-765 and she said it would be denied for a whole list of reasons and that we had been misinformed. Not cool. Now, we are >4 months past the original I-765 and have zip. Even worse, we are told we need to wait for I-765 to be denied so we can reapply. On the way home in the car, I called the US Senator and read them my tale of woe. They said they will try to help to get the process expedited. Will keep you posted.

[N-o-l-a 7,168]

I'm sorry that you've also had problems with the misinformation line. They gave us a ton of trouble with our CR1 process. By the 3rd or 4th time they gave us wrong information which was go stand outside an embassy that didn't have an immigrant visa unit to ask for information about our I-130, I gave up on calling them for advice or information.

I hope that other people can learn from your mistake and not trust what is told to them on the phone. Come on to visa journey and ask for confirmation.

[TBoneTX 45,961]

*** Thread moved from AOS/Family-Based main forum to the Case Progress subforum. ***

[milimelo 4,544]

Next time follow the guides from VJ and you won't have such issues.

[whysodifficult? 31]

Next time follow the guides from VJ and you won't have such issues.

And how would one find such specific advice in VJ? Perhaps it is buried in here somewhere but who knows.

[milimelo 4,544]

And how would one find such specific advice in VJ? Perhaps it is buried in here somewhere but who knows.

Really? You've been a member since April 2014 and in 8 months or so never bothered to read the guides on AoS from K1 visa, Step by step guide on EAD and any of the topics folks post in AOS from family based visa forum?

[KVE 29]

And how would one find such specific advice in VJ? Perhaps it is buried in here somewhere but who knows.

If you click the Guides thing on the navigation bar, and then look on that page and then on the top of the right hand of the page click Adjustment of Status Guide (K1 & K3 Visa Holders) you probably will see the guide.

I think the issue you have here is that you filed for EAD while on the K-1 visa, since it would only be valid til the end of the 90 days. The EAD takes about 60-90 days to process so that wouldn't really be any use.

Once married you can apply for the EAD and it will also take 60-90 days to process and should be valid for 1 year.

You can apply for the EAD without paying anything due to the pending I-485 (just include a copy of the NOA1 in your application).

It may help to include a cover letter explaining your situation clearly and that should then be seen by the guys actually processing things rather than the people on the phone who only know what they see on the system.

I used the guide I linked above and have had no problems thus far. I am also unfortunately in the NPIW (Potential Interview Waiver) group. But maybe because of the confusion with your application you might get an interview and then you will get your green card a long time before me. If you get a NPIW then it says it takes 6-9 months from the date of the letter.

[whysodifficult? 31]

Really? You've been a member since April 2014 and in 8 months or so never bothered to read the guides on AoS from K1 visa, Step by step guide on EAD and any of the topics folks post in AOS from family based visa forum?

Had you read the first couple of sentences of the OP rather than immediately hitting the condescension button, you would have seen I realized the EAD had a very short shelf life. My point was that I submitted a new I765 with the AOS and I was told twice byUSCIS agents to not include it. Rather, I should let the original one filed under the K1 stay in the queue. Both agents were told exactly what I was doing and they knew the timeline.

Bottom line is that I should not need to relay on the advice of a bunch of people who may or may not know what they are writing about. I should be able to rely on the information (not advice) provided by USCIS. After all, I am paying them to do this and I deserve accuracy.

[whysodifficult? 31]

If you click the Guides thing on the navigation bar, and then look on that page and then on the top of the right hand of the page click Adjustment of Status Guide (K1 & K3 Visa Holders) you probably will see the guide.

I think the issue you have here is that you filed for EAD while on the K-1 visa, since it would only be valid til the end of the 90 days. The EAD takes about 60-90 days to process so that wouldn't really be any use.

Once married you can apply for the EAD and it will also take 60-90 days to process and should be valid for 1 year.

You can apply for the EAD without paying anything due to the pending I-485 (just include a copy of the NOA1 in your application).

It may help to include a cover letter explaining your situation clearly and that should then be seen by the guys actually processing things rather than the people on the phone who only know what they see on the system.

I used the guide I linked above and have had no problems thus far. I am also unfortunately in the NPIW (Potential Interview Waiver) group. But maybe because of the confusion with your application you might get an interview and then you will get your green card a long time before me. If you get a NPIW then it says it takes 6-9 months from the date of the letter.

My objective is to use the weight of the inquiries from two senators to push the whole process faster. None of this takes a long time to do once a government employee actually comes back from his/her break and gets to work.