AOS Pending - Employment Situation - HELP!

[cjsmith718 0]

Hello all.

I need some advice since there seems to be no one available at USCIS to help.

There has been so many things that have been unclear and my wife and I are still finding out now/

My situation is I applied for the AOS in Oct 2014. Since then there has been such a poor response. I have been working as soon as I got my social security number. Now, 16 months later I am starting to find out that I have been working illegally since then. I came in on the K-1 Visa, poured a fortune into all of these forms, get next to no help and as a result of that my case can be declined because of this.

What I am looking for is someone out there who can honestly help us and answer our questions. Thousands of USDs have gone into this so I am sure you can imagine that recently finding out that me working, potentially without authorization, can have a negative impact on the case. Oh, and the Employment Authorization form costs almost another $400.

Any feedback would be greatly a[[appreciated.

Chris and Bea

[Jo Së 200]

You are working illegally, I would recommend you stop working if possible.

Since you came to the US on a K1, you can apply for your EAD for free, simply mail in form I-765 with all required documents and a copy of your I485 NOA1. Do not send payment with it.

[Lainie B 465]

The EAD is free when you apply with adjustment of status. Where are you getting that it costs $400? If you had submitted form I-765 (for free) when you submitted the I-485, you would have got the EAD within 60-90 days of applying.

Your green card is taking unusally long, have you inquired with USCIS?

You were not working "potentially" without authorization, you were working illegally.

[cjsmith718 0]

I appreciate your responses.

I had a social security number and I have, since been here, worked for 2 different employers. Both just wanted my social security number and a recent copy of my I-94.

I may have sent the form off. If there a way I can find out if I did or not? This has been a complete misunderstanding and I am afraid it it isn't going to end well. My wife and I also have a baby on the way together so it just make me even more nervous.

I haven't had any kind of EAD card though.

[Lainie B 465]

Do you have the receipts from USCIS? Check the number or numbers and look at the case status online at uscis.gov

Did you do your biometrics? You should have got an appointment notice for about a month after the AOS was submitted.

Both of your employers were breaking the law by not having you fill in the I-9 form and verifying your authorization to work.

[cjsmith718 0]

Do you have the receipts from USCIS? Check the number or numbers and look at the case status online at uscis.gov

Did you do your biometrics? You should have got an appointment notice for about a month after the AOS was submitted.

Both of your employers were breaking the law by not having you fill in the I-9 form and verifying your authorization to work.

I have filled out I-9 forms. The proof that I have them was the foreign passport with the Temp. stamp and a social security card. This is what both employers took?

I am not questioning you but is it too much of a coincidence that both employers hired me illegally?

EDIT --------------------

I did have my bio metrics, I have my case number and it only talks about submitting the I-485.

Edited January 23, 2016 by cjsmith718

[Lainie B 465]

Then your employers did not understand how to check your documents properly. You are not legal to work without the EAD or the green card.

What does your case status say online?

[Lainie B 465]

If you only one receipt then you only submitted the I-485. If you'd submitted the I-765 you would have got a separate receipt with a different case number.

You can still file the I-765 for free by submitting it with a copy of the I-485 receipt. However I am concerned with why your I-485 is taking so long.

[cjsmith718 0]

Then your employers did not understand how to check your documents properly. You are not legal to work without the EAD or the green card.

What does your case status say online?

I have called USCIS 3 times within submitting this and I get the same response on 'how they are expecting a delay' or some other reason. I can never get a straight answer from someone on the phone.

Here is the Case Status on USCIS

[Lainie B 465]

OK, so you got an RFE and you responded, that explains why it is taking longer than usual. When did you respond to the RFE?

You can contact your senator or congressman's office to ask for assistance. They will make an inquiry to USCIS on your behalf. Often that has helped speed things along, or at least get more information than you are able to get yourself.

[cjsmith718 0]

OK, so you got an RFE and you responded, that explains why it is taking longer than usual. When did you respond to the RFE?

You can contact your senator or congressman's office to ask for assistance. They will make an inquiry to USCIS on your behalf. Often that has helped speed things along, or at least get more information than you are able to get yourself.

I appreciate you advice. I have just filled out the form now.

I have recently been in contact with that very person. It is going through some sort of interview wavier? Not sure what that is but it is in Dallas at the moment. She said she will reach out to USCIS again in 1 month if she doesn't hear anything back by then.

Should I call her on the next business day and tell her this recent discovery about me working illegally?

[cjsmith718 0]

Just to add, I have also well exceeded the 180 forgiveness.

What should I do?

[cjsmith718 0]

My main concern right now is this:

I am married to a US citien and we have a baby on the way (due in June 2016). Will I be deported because of this mistake of working without authorization?

I'd appreciate a quick and accurate response of possible.

Thank you.

[Lainie B 465]

Unlikely, as working illegally is forgiven for spouses of US citizens

What was the RFE about? Were you able to address it?

[Lainie B 465]

I appreciate you advice. I have just filled out the form now.

I have recently been in contact with that very person. It is going through some sort of interview wavier? Not sure what that is but it is in Dallas at the moment. She said she will reach out to USCIS again in 1 month if she doesn't hear anything back by then.

Should I call her on the next business day and tell her this recent discovery about me working illegally?

Interview waivers are pretty common for K-1 AOSers. Odd though that your application is in Dallas.

It's up to you about whether to tell her you were working illegally. If it were me, I wouldn't. It shouldn't affect your application.