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happycouple1974 Newbie

happycouple1974   0

Posted
Timeline
Posted

My husband and I decided to take the leap and file for his adjustment of status.  We just started, haven't even filed yet because right now we are doing all the forms and proof with the lawyer and I'm already frustrated.  His birth certificate doesn't have his father listed so that has been a worry.  I guess we didn't time this right either, should have done this back in September because now I am finding out that the EAD card will take approximately 4.5 months to process and approve and his current work status ends the end of this month.  So for the next 4.5 months, he will have to sit at home not be able to work or drive, just great.  Right now I feel like the best option would have been just to have him go back to his country (it's his second year here on a work visa) and we just live our lives apart for 4 months out of the year and re-enter next year on a new work visa. So now the guys that he works with might be able to come back and start working again before his EAD card is approved!  Anyway, it's frustrating as I can see, just looking for support. How do people get through this?   Thanks!

Ashley Scott Enthusiast

Ashley Scott   180

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

The birth certificate with no father listed should not be an issue.  My husband's does not have his father listed and it was no issue at all at his interview.  As for the work thing, I don't have much advice.  I am not too familiar with how the AOS from a work visa really works.  Hope you are able to get it sorted though!  Good luck to you.

:wub:"Waiting is a sign of true love and patience.  Anyone can say "I love you", but not everyone can wait and prove it's true" :wub:

 

12/21/16 - I-129f packet sent to Texas

12/23/16 - I-129f packet received

1/5/17- NOA1 receipt date

1/10/17 - NOA1 Hardcopy received

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

What is his current status in the US (i.e. what visa did he enter on, assuming he did not change status within the US)?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

EvieMN Enthusiast

EvieMN   105

Posted
Filed: AOS (apr) Country: Bulgaria
 Timeline
Posted

EADs are unfortunately taking longer right now. I did something similar and am doing my AOS from a temporary work visa as well. I knew I wouldn't be able to work and it is frustrating but oh well.

The thing with your case is that if he goes back, gets another H2B visa and enters the USA with the intent to AOS on this trip, it is considered visa fraud. I know this will give you time and he will be able to work but it is still fraud.

Your legal ways to go right now are either AOS now and wait for his EAD or if he goes back to his country, file for a CR1 visa - this way he'll be able to work as soon as he enters the US.

05/24/2017 Entered the US on a J1 visa

10/10/2017 We got married!

10/27/2017 AOS Package sent via USPS - Chicago Lockbox

10/30/2017 Package delivered 

10/31/2017 Priority Date

11/07/2017 Received email and text notifications about all 4 forms

11/14/2017 Received hard copies of all 4 NOAs

11/21/2017 Received biometrics appointment notice scheduled for 11/29

12/15/2017 Interview notice - interview is scheduled for January 19th! Holy #$%^ that's less than 3 months from PD!

01/02/2018 EAD + AP approved

01/16/2018 Combo card delivered

01/19/2018 Interview - recommended for approval

01/22/2018 New card is being produced :dance:

 

UBtw.png
geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
8 hours ago, TheMedinas said:

His current status is on an H2B Visa.

Yeah, that's an issue then. He cannot leave and then return with intent to stay / AOS. H-2B does not support immigrant intent, so it would be fraud to do so. As stated above, you would either need to AOS without leaving the US (since he already entered without immigrant intent) - until he gets AP - or you can start the process for a CR-1/IR-1 visa now and wait it out abroad (ETA: ~12-14 months).

He can use another visa in the meantime to visit/work as appropriate, but would need to interview abroad for the CR-1/IR-1 visa.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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