She's HERE! Married July 11, 2016

[Hickock 12]

now trying to do the adjustment of status application and also the application for her EAD work permit. I believe that I can apply for both at the same time, and there's no additional $380 for the EAD, that way, just the $1070 for the AOS. I am trying to do this online, today. thanks for your help. I am not good at searching here, sorry

[EM_Vandaveer 2,408]

Filing online? That's not an option, you have to file by mail.

Here is the guide:

http://www.visajourney.com/content/k1k3aos

[greg2014 24]

Yes, you can apply for the EAD and Advance parole (travel document) together with AOS and they don't cost you extra but as EM_Vandaveer said you have to mail those forms in along with your payment.

Edited August 1, 2016 by greg2014

[Hickock 12]

Thanks a lot. Can anyone tell me how long it takes to get the work permit and green card. She is from Phills, if that matters? I"m a 60% disabled vet and on SS retirement, so my income, while small, is very stable.

[Hickock 12]

Does anyone have data on how long we must wait for her green card? I've found info suggesting that her EAD work permit is likely to take 3 months+, but i could not find much about a green card. She'll have been here about a month when the application gets to them. We got married right away. Got her college credits evaluated. All but her Tagalog classes received full credit here in US. ECE got the eval to us just as promised, after I sent the "rush" money of $80.

Since her fiance visa expires in 70 days, what is her legal status, " married having applied for green card" seems very nebulous and ephemeral to me.

[Mykonos 10]

Time to get GC all depends on your local USIS office. Her visa expired when she entered the US..the 'expiry' date is just the date you had to get married by. Once AOS is filed, she still has legal status, so nothing to worry about.

[KayDeeCee 4,893]

Does anyone have data on how long we must wait for her green card? I've found info suggesting that her EAD work permit is likely to take 3 months+, but i could not find much about a green card. She'll have been here about a month when the application gets to them. We got married right away. Got her college credits evaluated. All but her Tagalog classes received full credit here in US. ECE got the eval to us just as promised, after I sent the "rush" money of $80.

Since her fiance visa expires in 70 days, what is her legal status, " married having applied for green card" seems very nebulous and ephemeral to me.

60-90+ days for EAD and AP. 4-12+ months for green card.

The K-1 visa became null and void once she used it to enter the US. She was given a 90 day stay in the US, shown by the I-94. Once you file for AOS, you will be in a new period of authorized stay as an adjustment applicant.

[Hickock 12]

She gave her biometics today, and then I got a letter saying that my income is not sufficient (the hell it aint, it's a CLEAR 21k per year. which is the same as grossing 25k per year They asked for income tax, altho I clearly stated that my income is un-taxed (SS retirement and VA disability) and I had sent copies of my award letters. My wife's in panic mode. My income is a LOT more secure than practically anybody's job. Somebody can be grossing 40k per year and not have that job the next day. If VA and SS stop paying me, it's cause the US is not a nation any more! :-) can anyone advise me? I figure to just again make copies of my award letters, send it to ICE with a letter of explanation and send copies of everything to my Congressman. Any other ideas?

Edited September 23, 2016 by Hickock

[Pitaya 2,577]

Welcome to the forum.

It helps everyone that uses, or is helped by the forum. Additionally, other forum members can quickly determine your place on your immigration journey, and post appropriate responses.

Why do you want to contact ICE (Immigration and Customs Enforcement)? Are you in an enforcement proceeding?

You may want to consider contacting CISOMB: https://cisomb.dhs.gov/oca/form7001.aspx

[EM_Vandaveer 2,408]

I'd also send bank account statements showing the SSA and VA deposits every month for the last 12 months.

If you are not filing taxes, did you send an explanation letter about why you are not required to file?

[KayDeeCee 4,893]

She gave her biometics today, and then I got a letter saying that my income is not sufficient (the hell it aint, it's a CLEAR 21k per year. which is the same as grossing 25k per year They asked for income tax, altho I clearly stated that my income is un-taxed (SS retirement and VA disability) and I had sent copies of my award letters. My wife's in panic mode. My income is a LOT more secure than practically anybody's job. Somebody can be grossing 40k per year and not have that job the next day. If VA and SS stop paying me, it's cause the US is not a nation any more! :-) can anyone advise me? I figure to just again make copies of my award letters, send it to ICE with a letter of explanation and send copies of everything to my Congressman. Any other ideas?

You included the required statement explaining why you were not legally required to file any of the last 3 years that you did not? Let them know all your income is non-taxable. Include the benefits letters and 1099s received for the income each year. Also, include the last 12 months of bank statements with the monthly deposits highlighted. You need to show them and prove to them that your income meets the requirement. And you need to explain why you did not file taxes and submit the required most recent tax return.

You will return it to the USCIS at the address listed on your RFE. ICE did not mail you the RFE. Not sure what your congressman has to do with it either.

[Hickock 12]

thanks for the info, but the award from VA only started 10 months ago. So the past year would not show the required income level, anyway.

She got an approval letter today, Oct 21, for her advanced parole. Does that mean that her green card is approved? We have not yet received the actual parole document, thanks!

[KayDeeCee 4,893]

The benefits letter should show what the annual amount of what the benefit is. Does not matter if you have only had it for 10 months.

AP being approved is not the green card. Those are two separate things.

[Hickock 12]

thanks. She got her EAD work permit yesterday. I had to involve our congressman and re-send the award letters, but I think all will be well. Nov 1, 2016. She's been here almost 4 months, it has taken 2.5 months to get the work permit. thanks again to all here

[Hickock 12]

she used her work permit to get a state ID, used that to open a checking acct, so she's on her way. Now to pass the TOEFL english test and get her enrolled in nursing college, get her grants and loans, buy her a small, old car and she'll be rocking right along!