My journey - after marriage

[NancyLyz 58]

Hi All,

 

I'm so frustrated these days that I have to share my story here. If any part of my story can help anyone better in the future, I'd feel happy and better.

 

In short, I married my husband on January 27th, 2018 (Ceremony date) in Long Beach, California. Before receiving my marriage certificate about 8 weeks later, I started to work with my attorney on preparing my application package. I was previously on F1/OPT status for my Master's degree, with my EAD card expiring May 21st, 2018. I never overstayed, or was illegally employed. I kept a record of all my employment history and I knew I've never broken any immigration laws. I had always filed my tax and never received social benefits. My graduating GPA was 3.73 and I never failed any classes in school. I currently work as an HR assistant in a real estate firm. My husband was born and raised in the States, currently working on his own store (self-employed).  Since my company doesn't sponsor H1B and the only foreign employees they have are executives on L1 visas, I decided not to even try to ask for an H1B visa sponsorship. Neither my husband nor I has any criminal records. I don't have any DUIs, unpaid debts, previous marriages, kids, or anything that may negatively affect my application. I don't even have any relatives in the States and I don't have any siblings.

 

Now to be fair, I think my attorney is very fair and nice, and I actually recommended him to a friend of mine who will get married and go through the same process soon. But whatever minor mistakes he had made or just the bad luck he and I had, created quite some issues for my case.

 

To begin with, my attorney I didn't file my application until March 30 (Permanent Address in Los Angeles County/Redondo Beach), thinking that two months would be plenty for receiving my new EAD receipt (which was a big big big mistake; I definitely should have filed my case earlier than that).

 

Surprisingly fast as it was, USCIS received my package (I485, I130, I131, I765) on April 2nd, accepted my case on April 10th, and I received four receipts on April 17th. My attorney was glad about how fast they have processed my case until we read through all four receipts.

 

Since my check was cashed the day before I received the receipts, I was thinking, "oh everything seems to go well".

 

However, among the four receipts I got, only three were notifying me that my application was received and being processed (I485, I130 & I131). My I765 application, the most urgent of them all considering my EAD card is expiring and I don't want to lose my job, was rejected due to two reasons: 1. Insufficient fees; 2. Outdated form. Even though the receipt states that they'd return my fees and application package due to the two reasons listed above, I didn't receive anything but the receipt itself.

 

For anyone who has submitted a marriage-based application package or has read updated USCIS policy, you will know that when you submit a package of all four forms (I485, I130, I131, I765), you pay for all your fees on one check, and the total amount is different than if you submit forms separately. Considering USCIS has cashed my check, accepted my other forms, and has no other expired I765  online except for the one available on their page (which states that it expires on 2/28/2018), I couldn't figure out what happened. My attorney was just as confused. After communicating with me and assuring that mail will be a better way to communicate with USCIS, he mailed a letter to USCIS (2nd mistake here: should have called USCIS customer service right away), stating that not only did I pay the right amount but also that's the only form available on USCIS website. The letter was mailed out via Express delivery service on April 19th. Funny as it may sound, I received another receipt of rejection for my I765 form on April 29th, saying that the form is outdated. I guess at least USCIS now doesn't say I have insufficient funds. Again, I didn't receive any returned packages or the check I sent out. 

 

At this point, I was getting frustrated not only with USCIS but also my attorney. I called him first thing in the morning and asked him to explain. He later called USCIS with some other attorneys working in the same firm, listening to the phone call. USCIS admitted that 1. they are supposed to update the I765 form but they haven't. That's why the form says expires 2/28 but as a matter of fact, it's the up-to-date form (even if you check their website now, which was last updated on 4/11, it's still the same form); 2. a checker (who preview all application packages) must have made a mistake. They're very sorry that this has happened and suggested my attorney to send another I765 form with additional explanation just to speed up the process. The new form was mailed out via Express on April 30th. I appreciated my attorney's immediate response but if that was the end of my application preparation story, I'd be more than happy to call it an Okay one. 

 

Ironically, I received my bio-metrics appointment notice on April 27th, which scheduled my appointment on May 7th. I guess that's somewhat a good part of my journey since they never questioned any actual materials I submitted. For that, my attorney did a great job of collecting as much information as he could before filing my case.

 

Anyhow, the next twist of the story of me receiving a request for initial evidence on May 1st, requesting my I130A form. Now this could be a mistake that my attorney probably shouldn't have made out of all the mistakes that happened in my application. For whatever the reason was, starting from 2017, an I130A is required to be submitted together with I130. I wasn't sure whether my attorney submitted the form together with I130 or not. But I remembered clearly filing in something similar. I should have made a copy of all forms that I've submitted, which is the 3rd mistake I made during my application. 

 

Frustrated as I was, I managed to not yell at the attorney or anyone thought I definitely looked furious and upset when I came into the attorney's office the second time in the same week to sign off a new I130A form. What's worse, since the attorney doesn't seem to have a digital version of completed forms, he has to fill in a new one that morning in a hurry, which resulted in a few mistakes on the form. As understanding as I tried my best to, I corrected the form and signed it, delivered it at the office, stated my frustration to the front desk boy, who probably has done nothing wrong trying to defend the attorney. So the I130A form was mailed out via Express on May 2nd. 

 

Completing my bio-metric appointment was easier than I thought, considering I only spent like 20 mins there. I have my last name changed after marriage and a supervisor reviewed my document and sent me off to the staff collecting fingerprints.

Upon leaving the USCIS support center (Gardena), I looked their Google reviews and was not surprised that they received 4+ stars. Their staff are mostly bilingual (English and Spanish). They're pretty nice and they don't seem to care about the regulations of "no cellphones" there. They don't do security check either. They'd ask for you ID and appointment notice, together with other supporting materials (In my case, a certified copy of my marriage certificate).

 

Upon completing the fingerprint collection/bio-metrics appointment, I received a stamp on my appointment notice and later an update on my I485 (May 8th). USCIS has received my bio-metrics. No updates about the newly submitted I130A form yet but I'm just happy enough to move forward a little bit.

 

Since my current EAD card expires on May 21st, I'm getting nervous about not being able to continue working. I checked online. Apparently, with my name changed and a current Social Security number, I can't change my name on my social security number until I receive my new EAD card. Without a renewed Social security card and EAD card, I can't renew my driver's license. And without a valid I797C receipt, I probably shouldn't be working after May 21st. Without a renewed Driver's license, a social security card, or other valid IDs with my new name, I can't update my bank information. So all I can do now is praying and waiting for USCIS to give me my freaking I765 receipt and to deliver my EAD card. 

 

I will keep my story updated probably until I complete my naturalization. My husband has been very supportive throughout the whole process tho there isn't much he could do to help. He hated to see me upset and frustrated. The fact that I've broken into tears a couple of times for my application had made him sort of being angry and disappointed at the attorney and USCIS. I love him very much and I appreciate all his support. 

 

 

If you have any questions, feel free to ask away. I'm more than glad to share and to help. I think different states will have different policies on certain procedures, so if you are not from California, I can't really answer any questions that are too specific.

(Last updated May 8th, 2018)

 

Timeline (Brief version)

1/27/18 Married

3/30/18 Filed application package (485,130,131,765)

4/17/18 Received 3 receipts and 1 rejection receipt

4/27/18 Received Bio-metrics appointment notice

4/30/18 Resubmitted I765

5/1/18 Received Request for Initial Evidence 

5/2/18 Submitted I130A

5/7/18 Completed Bio-metrics appointment

To be continued....

Edited May 8, 2018 by NancyLyz

[A&H2018 146]

Hi there, from California here. To give you an idea my lawyer while slow helped make sure our initial paperwork was solid. No RFE/RFIE but since then it has been super slow. California is pretty backlogged currently and USCIS as a whole is beyond back logged. 

 

I would suggest asap based on what you wrote on your timeline to aim to make an infopass appointment and take your "expiring drivers license, wedding cerfiticate" and all our documents and talk to the IO to push for an expeidte for your EAD asap. Actually you may want to reach your congressman or someone to try to start an expedite process.

 

Without expedite and fact you got an RFIE my guess you will get your EAD in October of 2018 potentially.

[NancyLyz 58]

5 minutes ago, A&H2018 said:

Hi there, from California here. To give you an idea my lawyer while slow helped make sure our initial paperwork was solid. No RFE/RFIE but since then it has been super slow. California is pretty backlogged currently and USCIS as a whole is beyond back logged. 

 

I would suggest asap based on what you wrote on your timeline to aim to make an infopass appointment and take your "expiring drivers license, wedding cerfiticate" and all our documents and talk to the IO to push for an expeidte for your EAD asap. Actually you may want to reach your congressman or someone to try to start an expedite process.

 

Without expedite and fact you got an RFIE my guess you will get your EAD in October of 2018 potentially.

Thank you! I've heard about different stories but in general and process has been painfully slow in California. Since I'm applying for an EAD extension, a receipt saying that the EAD is being processed should be good enough for verification. II scheduled an InfoPass session at the earliest available date. And I'll talk to my attorney to see if anything else can be done or if talking to anyone can help to expedite my case.

 

 

 

 

 

[txkangaroo 91]

Since your current EAD is based on F1-OPT, I don't think you can use the i-765 receipt under C09 category as the renewal/extension. Because when you first filled out the 765 form, you are supposed to tick the "new" option instead of "renewal".

[NancyLyz 58]

1 hour ago, txkangaroo said:

Since your current EAD is based on F1-OPT, I don't think you can use the i-765 receipt under C09 category as the renewal/extension. Because when you first filled out the 765 form, you are supposed to tick the "new" option instead of "renewal".

Yeah you're probably right. Anyway I do not want to put my employer in trouble due to my employment authorization problem. I may just quit first and see when my EAD arrives, whether my position will still be open.

 

And btw I was looking at your timeline and I'm wondering whether you have any updates after March 22nd? And how long does it take for USCIS to update the received RFIE online?

 

Thank you 

 

[Bfree3 132]

Firstly- Based on the experience of others I’ve read, before quitting, you may want to speak to whoever is in charge of personnel at your job and just let them know the situation. You are in fact working towards getting your EAD and have been in good standing all along. I’d leave the situation up to them, at least you will have given them notice; if you’re invaluable I’m sure they’ll want to keep you. 

 

Secondly, all the issues you have went through is exactly why I didn’t go with a lawyer and preferred to read and research (until my eyes bled) everything and then do everything on my own. I didn’t want the blame on anyone especially for something so important. I’m my own toughest critic so I knew I couldn’t leave it up to anyone else, I would’ve pulled all my hair out wondering 😩 I know some people like to leave it up to others but I just cannot. Have you signed up for updates on the uscis dhs site for all of your forms? 

 

[NancyLyz 58]

18 hours ago, NancyLyz said:

Hi All,

 

I'm so frustrated these days that I have to share my story here. If any part of my story can help anyone better in the future, I'd feel happy and better.

 

In short, I married my husband on January 27th, 2018 (Ceremony date) in Long Beach, California. Before receiving my marriage certificate about 8 weeks later, I started to work with my attorney on preparing my application package. I was previously on F1/OPT status for my Master's degree, with my EAD card expiring May 21st, 2018. I never overstayed, or was illegally employed. I kept a record of all my employment history and I knew I've never broken any immigration laws. I had always filed my tax and never received social benefits. My graduating GPA was 3.73 and I never failed any classes in school. I currently work as an HR assistant in a real estate firm. My husband was born and raised in the States, currently working on his own store (self-employed).  Since my company doesn't sponsor H1B and the only foreign employees they have are executives on L1 visas, I decided not to even try to ask for an H1B visa sponsorship. Neither my husband nor I has any criminal records. I don't have any DUIs, unpaid debts, previous marriages, kids, or anything that may negatively affect my application. I don't even have any relatives in the States and I don't have any siblings.

 

Now to be fair, I think my attorney is very fair and nice, and I actually recommended him to a friend of mine who will get married and go through the same process soon. But whatever minor mistakes he had made or just the bad luck he and I had, created quite some issues for my case.

 

To begin with, my attorney I didn't file my application until March 30 (Permanent Address in Los Angeles County/Redondo Beach), thinking that two months would be plenty for receiving my new EAD receipt (which was a big big big mistake; I definitely should have filed my case earlier than that).

 

Surprisingly fast as it was, USCIS received my package (I485, I130, I131, I765) on April 2nd, accepted my case on April 10th, and I received four receipts on April 17th. My attorney was glad about how fast they have processed my case until we read through all four receipts.

 

Since my check was cashed the day before I received the receipts, I was thinking, "oh everything seems to go well".

 

However, among the four receipts I got, only three were notifying me that my application was received and being processed (I485, I130 & I131). My I765 application, the most urgent of them all considering my EAD card is expiring and I don't want to lose my job, was rejected due to two reasons: 1. Insufficient fees; 2. Outdated form. Even though the receipt states that they'd return my fees and application package due to the two reasons listed above, I didn't receive anything but the receipt itself.

 

For anyone who has submitted a marriage-based application package or has read updated USCIS policy, you will know that when you submit a package of all four forms (I485, I130, I131, I765), you pay for all your fees on one check, and the total amount is different than if you submit forms separately. Considering USCIS has cashed my check, accepted my other forms, and has no other expired I765  online except for the one available on their page (which states that it expires on 2/28/2018), I couldn't figure out what happened. My attorney was just as confused. After communicating with me and assuring that mail will be a better way to communicate with USCIS, he mailed a letter to USCIS (2nd mistake here: should have called USCIS customer service right away), stating that not only did I pay the right amount but also that's the only form available on USCIS website. The letter was mailed out via Express delivery service on April 19th. Funny as it may sound, I received another receipt of rejection for my I765 form on April 29th, saying that the form is outdated. I guess at least USCIS now doesn't say I have insufficient funds. Again, I didn't receive any returned packages or the check I sent out. 

 

At this point, I was getting frustrated not only with USCIS but also my attorney. I called him first thing in the morning and asked him to explain. He later called USCIS with some other attorneys working in the same firm, listening to the phone call. USCIS admitted that 1. they are supposed to update the I765 form but they haven't. That's why the form says expires 2/28 but as a matter of fact, it's the up-to-date form (even if you check their website now, which was last updated on 4/11, it's still the same form); 2. a checker (who preview all application packages) must have made a mistake. They're very sorry that this has happened and suggested my attorney to send another I765 form with additional explanation just to speed up the process. The new form was mailed out via Express on April 30th. I appreciated my attorney's immediate response but if that was the end of my application preparation story, I'd be more than happy to call it an Okay one. 

 

Ironically, I received my bio-metrics appointment notice on April 27th, which scheduled my appointment on May 7th. I guess that's somewhat a good part of my journey since they never questioned any actual materials I submitted. For that, my attorney did a great job of collecting as much information as he could before filing my case.

 

Anyhow, the next twist of the story of me receiving a request for initial evidence on May 1st, requesting my I130A form. Now this could be a mistake that my attorney probably shouldn't have made out of all the mistakes that happened in my application. For whatever the reason was, starting from 2017, an I130A is required to be submitted together with I130. I wasn't sure whether my attorney submitted the form together with I130 or not. But I remembered clearly filing in something similar. I should have made a copy of all forms that I've submitted, which is the 3rd mistake I made during my application. 

 

Frustrated as I was, I managed to not yell at the attorney or anyone thought I definitely looked furious and upset when I came into the attorney's office the second time in the same week to sign off a new I130A form. What's worse, since the attorney doesn't seem to have a digital version of completed forms, he has to fill in a new one that morning in a hurry, which resulted in a few mistakes on the form. As understanding as I tried my best to, I corrected the form and signed it, delivered it at the office, stated my frustration to the front desk boy, who probably has done nothing wrong trying to defend the attorney. So the I130A form was mailed out via Express on May 2nd. 

 

Completing my bio-metric appointment was easier than I thought, considering I only spent like 20 mins there. I have my last name changed after marriage and a supervisor reviewed my document and sent me off to the staff collecting fingerprints.

Upon leaving the USCIS support center (Gardena), I looked their Google reviews and was not surprised that they received 4+ stars. Their staff are mostly bilingual (English and Spanish). They're pretty nice and they don't seem to care about the regulations of "no cellphones" there. They don't do security check either. They'd ask for you ID and appointment notice, together with other supporting materials (In my case, a certified copy of my marriage certificate).

 

Upon completing the fingerprint collection/bio-metrics appointment, I received a stamp on my appointment notice and later an update on my I485 (May 8th). USCIS has received my bio-metrics. No updates about the newly submitted I130A form yet but I'm just happy enough to move forward a little bit.

 

Since my current EAD card expires on May 21st, I'm getting nervous about not being able to continue working. I checked online. Apparently, with my name changed and a current Social Security number, I can't change my name on my social security number until I receive my new EAD card. Without a renewed Social security card and EAD card, I can't renew my driver's license. And without a valid I797C receipt, I probably shouldn't be working after May 21st. Without a renewed Driver's license, a social security card, or other valid IDs with my new name, I can't update my bank information. So all I can do now is praying and waiting for USCIS to give me my freaking I765 receipt and to deliver my EAD card. 

 

I will keep my story updated probably until I complete my naturalization. My husband has been very supportive throughout the whole process tho there isn't much he could do to help. He hated to see me upset and frustrated. The fact that I've broken into tears a couple of times for my application had made him sort of being angry and disappointed at the attorney and USCIS. I love him very much and I appreciate all his support. 

 

 

If you have any questions, feel free to ask away. I'm more than glad to share and to help. I think different states will have different policies on certain procedures, so if you are not from California, I can't really answer any questions that are too specific.

(Last updated May 8th, 2018)

 

Timeline (Brief version)

1/27/18 Married

3/30/18 Filed application package (485,130,131,765)

4/17/18 Received 3 receipts and 1 rejection receipt

4/27/18 Received Bio-metrics appointment notice

4/30/18 Resubmitted I765

5/1/18 Received Request for Initial Evidence 

5/2/18 Submitted I130A

5/7/18 Completed Bio-metrics appointment

To be continued....

A few minor updates

 

1. My employer is not supposed to continue my employment after my current EAD expires and before my next EAD arrives. 

2. My attorney suggested that I should not try to renew my driver's license or social security number until I receive my new EAD card.

3. I'll probably take a summer certificate program or sth while I'm waiting for my EAD to arrive (which should arrive before October unless my application is denied).

[NancyLyz 58]

18 minutes ago, Bfree3 said:

Firstly- Based on the experience of others I’ve read, before quitting, you may want to speak to whoever is in charge of personnel at your job and just let them know the situation. You are in fact working towards getting your EAD and have been in good standing all along. I’d leave the situation up to them, at least you will have given them notice; if you’re invaluable I’m sure they’ll want to keep you. 

 

Secondly, all the issues you have went through is exactly why I didn’t go with a lawyer and preferred to read and research (until my eyes bled) everything and then do everything on my own. I didn’t want the blame on anyone especially for something so important. I’m my own toughest critic so I knew I couldn’t leave it up to anyone else, I would’ve pulled all my hair out wondering 😩 I know some people like to leave it up to others but I just cannot. Have you signed up for updates on the uscis dhs site for all of your forms? 

 

Yeah I've created an account to track all updates. The thing is I was working full-time and didn't really have all the energy in the world to prepare my own case. It's probably my own fault not being more careful. But my attorney did help a lot with my case. 

 

I've talked to my employer, and my boss very much would like to keep me but she is usually very cautious. They can keep hiring and paying me under my current SSN but they may be questioned or penalized for hiring someone who's not authorized to work (even if it's just for a few months). I fully understand if they don't want to risk that. I'll see what my boss/Head of HR thinks of that.

[txkangaroo 91]

1 hour ago, NancyLyz said:

Yeah you're probably right. Anyway I do not want to put my employer in trouble due to my employment authorization problem. I may just quit first and see when my EAD arrives, whether my position will still be open.

 

And btw I was looking at your timeline and I'm wondering whether you have any updates after March 22nd? And how long does it take for USCIS to update the received RFIE online?

 

Thank you 

 

Hi, you can generally ask the employer to issue you a letter stating they are in need of people like you, and they would suffer from financial loss if you couldn't get the EAD card to continue working there. Then you can call the USCIS officer and ask help from congressman to expedite your case. I've seen several successful expedition in this forum.

 

To answer your question, it normally takes them 2-7 days to update the status after receiving your response. I've tried to submitted service request online for my pending i-765 two weeks ago, and it's still "not assign for processing" as to today. People who filed in December are starting to get the EAD card so I would think it should be another two months of waiting for me.   Luckily I have H1b visa current so it's less hardship than other fellow filers...

[NancyLyz 58]

1 hour ago, txkangaroo said:

Hi, you can generally ask the employer to issue you a letter stating they are in need of people like you, and they would suffer from financial loss if you couldn't get the EAD card to continue working there. Then you can call the USCIS officer and ask help from congressman to expedite your case. I've seen several successful expedition in this forum.

 

To answer your question, it normally takes them 2-7 days to update the status after receiving your response. I've tried to submitted service request online for my pending i-765 two weeks ago, and it's still "not assign for processing" as to today. People who filed in December are starting to get the EAD card so I would think it should be another two months of waiting for me.   Luckily I have H1b visa current so it's less hardship than other fellow filers...

I'll see whether the company is willing to issue a letter. I'll try to see if they can expedite the process. Thank you for the suggestion.

 

 

[A&H2018 146]

Hey,

 

That is what I meant by my post, your F1 OPT is not applicable for renewal, so now you goto the other category and start over which becomes the October timeline. But they seem to be working on expedite cases if you show you have a current job offer and employer ready in your case since its the same employer would just need a new job offer letter or explation letter and then it would work, you would get your EAD probably within 6 weeks vs October in that case.

 

Search for posts by kvito28 , similar situation to yourself.

 

 

[NancyLyz 58]

2 hours ago, A&H2018 said:

Hey,

 

That is what I meant by my post, your F1 OPT is not applicable for renewal, so now you goto the other category and start over which becomes the October timeline. But they seem to be working on expedite cases if you show you have a current job offer and employer ready in your case since its the same employer would just need a new job offer letter or explation letter and then it would work, you would get your EAD probably within 6 weeks vs October in that case.

 

Search for posts by kvito28 , similar situation to yourself.

 

 

Yeah I'll probably try that. Plus USCIS did make mistakes. In need of continuing my employment and USCIS mistakes should qualify me for an expedition.

 

Thank you! I checked Kvito28's case. Learned a lot from the January filers. My priority date is April 2nd, 2018. I've no clue whether the RFIE I received would affect that but I'll always hope for the best.

 

 

[NancyLyz 58]

Update 5/15/2018

 

I finally received the receipt of my  I765 application 5/14, with a notice date 5/7 and a received date 5/2. On the receipt, it has a statement "Please note that if a priority date is printed on this notice, the priority date does not reflect earlier retained priority dates". But since I don't have a priority date listed on the form, I'd assume it either retained my previous priority date (I-485 PD 4/2/2018) or the new priority date (The date they received the RFIE, which is somewhere in May). 

 

My Info Pass Appointment is made on May 21st, hopefully the officer will be able to help with EAD expedition. And if you want to schedule an Info Pass in Los Angeles, you'd better do it early in the morning when they release available slots. 

 

 

[NancyLyz 58]

Update 5/21/2018

 

So I'm going for the Info Pass Appointment today and since I've received another Bio-metrics appointment (May 30th) for my EAD, I'm going to ask the officer whether I can get my 2nd appointment done before the scheduled one. 

In addition, using the separation letter from my current employer, I hope I can request for an expedition. 

 

Wish me best of luck. 

 

 

[A&H2018 146]

Good luck let us know how it goes.