December 2018 AOS Filers [merged threads]

[K1visaHopeful 2,817]

1 hour ago, yuni_yuni said:

Being around this site almost 2 year, and this is 1st time someone say K1 visa is legal to work without EAD.

Anyone can confirm?

False. They are working illegally. SSA does not have the authority to allow an immigrant to obtain employment. USCIS does.

Edited May 10, 2019 by K1visaHopeful

[K1visaHopeful 2,817]

2 hours ago, Real_Hubby said:

Well, I guess my case is different. I got my SSN and sources around me told me with my SSN i am good to go. Applied for a job without EAD, got the job. My SSN was the only thing they asked for. A form was filled out by my employers and it has something to do with DHS. I’ll post details here. I just got to work.

I'd love to hear how as K1 you are different than every other K1 in this forum who also has an SSN stating that they are allowed to work with DHS authorization only (meaning an approved EAD). You arent any different except that you are working illegally.

 

I suggest you take a look here :

https://www.e-verify.gov/employees

 

And I would also Google "can I work with my SSN and no EAD". It will pull up a slew of facts proving you cant.

 

You filled out an I9. Likely incorrectly. Your employer did not run e-Verify for you. Their problem now but be prepared to disclose all of this at your GC interview when they ask if you worked (they will).

Edited May 10, 2019 by K1visaHopeful

[kanderson101 131]

5 hours ago, Real_Hubby said:

K1 visa allows you to work with your social security number. I arrived the USA in October 2018, got my social security number in December (with a DHS restriction on it). I applied for a job at a pharmaceutical store, got the job in February and i can see my payroll with all the Federal, state, social security and county taxes being deducted. 

 

I still do not have my EAD but i am scheduled for GC interview on 21st of May. Go to social security administration website and read more about eligibility to work with K1. 

K1 visa holders with SSN are allowed to work without EAD. That is my case though, i don't know about others. 

 

A k1 visa holder is a legal alien allowed to work.

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

 

"In theory, fiancés have the right to work in the U.S. during the 90 days they are allowed to be in the U.S. to marry. In practice, taking advantage of this right is more difficult than it sounds—close to impossible, in fact. As a K-1 visa holder, you can work in the U.S. only if, after entering, you apply for and receive a work permit. This is known by U.S. Citizenship and Immigration Services (USCIS) as an Employment Authorization Document (EAD) [...] The difficulty with applying for a work permit is that the USCIS Service Centers routinely take from 45 to 90 days to issue them. This means that your chances of receiving your work permit while you are still eligible for it, as the holder of a fiancé visa, are slim. You would likely be better off marrying as soon as possible and focusing on preparing your adjustment of status (green card) application"

 

I think you have misunderstood the situation. You are correct, it appears, that theoretically, one could apply for EAD once they arrive in the US and a K1 visa. It is my understanding that this means BEFORE you get married and apply for AOS. The reason why no one does this is because people typically get married and adjust status within 90 days of entering anyway. Once you have filed to adjust your status, you actually aren't a K1 visa holder - that visa is what you entered on, but now you are adjusting status. It doesn't sound like your employer followed protocol. 

 

@K1visaHopeful may be able to elucidate further on this but this is my understanding. Correct me if I'm wrong. 

[LoveBird 64]

On 5/9/2019 at 1:19 AM, Joe_UK said:

Congratulations!! That's amazing news..

 

Out of interest; how are you able to work without EAD/AP?

I'm the USC (so I have to work, a lot!), this AOS is for my husband

[LoveBird 64]

15 hours ago, Joe_UK said:

Your'e correct not everyone arrives with a K1 but the person who originally posted that message states on their timeline they arrived on a K1 visa in 2018?

Sorry I wasn't very clear in my excitement.  I'm the USC, the petition is for my husband

[K1visaHopeful 2,817]

27 minutes ago, kanderson101 said:

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

 

"In theory, fiancés have the right to work in the U.S. during the 90 days they are allowed to be in the U.S. to marry. In practice, taking advantage of this right is more difficult than it sounds—close to impossible, in fact. As a K-1 visa holder, you can work in the U.S. only if, after entering, you apply for and receive a work permit. This is known by U.S. Citizenship and Immigration Services (USCIS) as an Employment Authorization Document (EAD) [...] The difficulty with applying for a work permit is that the USCIS Service Centers routinely take from 45 to 90 days to issue them. This means that your chances of receiving your work permit while you are still eligible for it, as the holder of a fiancé visa, are slim. You would likely be better off marrying as soon as possible and focusing on preparing your adjustment of status (green card) application"

 

I think you have misunderstood the situation. You are correct, it appears, that theoretically, one could apply for EAD once they arrive in the US and a K1 visa. It is my understanding that this means BEFORE you get married and apply for AOS. The reason why no one does this is because people typically get married and adjust status within 90 days of entering anyway. Once you have filed to adjust your status, you actually aren't a K1 visa holder - that visa is what you entered on, but now you are adjusting status. It doesn't sound like your employer followed protocol. 

 

@K1visaHopeful may be able to elucidate further on this but this is my understanding. Correct me if I'm wrong. 

A K1 is a Visa category "allowed to work" according to SSA. But that only means you are entitled to work based on an approved EAD and are therefore entitled to apply for an SSN based on your eligibilty to apply for a work permit. An SSN alone does not entitle you to work.

As a K1 you have two options upon arrival.

1. You can apply for an EAD under category A6 which is a temporary 90 day EAD (and is not free). Those are rarely approved nowadays because the processing times for EAD exceed 90 days but if by chance you apply on Day 2 of your entry, apply for an expedite and get approved for that A6 EAD you can work up until day 90. Keep in mind that that may only be for a few days after all is said and done. Ie. Dont waste the $500 or so fee.

2. File I485 and I765 concurrently after marriage. This would be under category C9 as we are all so familiar with and wait the 5 to 7 months for it to be approved.

 

SSA has no say on whether you are allowed to work. You are allowed to apply for an SSN merely because as a K1 you can apply for an EAD. You need both to work. 

 

The OPs employer made a grave mistake and did not e-Verify their immigration status before hiring them.

https://www.uscis.gov/i-9-central/penalties

 

At the GC interview we will be asked if we worked and we will have to disclose under oath whether we have or not.

 

https://www.alllaw.com/articles/nolo/us-immigration/get-green-card-ive-worked-unlawfully.html

 

 

[alun 73]

Hello , 

I ' m AOS ing from K1 and arrived in the USA in Dec 2018 . I was wondering if someone had a translator at the AOS interview and if it needs to be a professional translator or a friend or family member who is fluent in both languages  is allowed ( by the USCIS ) . Thank you ! 

I read some of the pages here , I ' m a March filler and I not  expedited  anything . 

[Gamisha 50]

@ C💏A

2 days ago my case status for AoS finally changed to "Case is Ready to Be Scheduled for An Interview".

A little consolation.

Still no updates for EAD/AP.  

 

NOA 1: December 10, 2018

[C💏A 90]

51 minutes ago, Gamisha said:

@ C💏A

2 days ago my case status for AoS finally changed to "Case is Ready to Be Scheduled for An Interview".

A little consolation.

Still no updates for EAD/AP.  

 

NOA 1: December 10, 2018

Cheer up bella! soon you will get it 🙌😇 

You might get an interview for GC first!

 

My NOA1 was 7th Dec and looking at case tracker there are still lots of cases from my date with no EAD(not to mention all the guys from September up to December)!

[JasonGG 280]

Two days ago, USPS Informed Delivery said my step son - who applied for AOS/EAD/AP in December - was getting a letter from USCIS National Benefits Center (Lees Summit, MO).  That letter still hasn't arrived, though.  I called USCIS spoke to a tier 1 and a tier 2 today and neither had any record of anything being mailed in their systems.  Last update was biometrics being received in February.  Tier 2 said if I don't get the letter by the middle of next week, I should call again.  By then, he thought their system would update and they tell me what the letter is and then resend it.

 

Could this be his EAD/AP?  VisaJourney's estimate for these passed a week ago.  I am now stalking the mailman!

 

Thanks - Jason

[JasonGG 280]

23 minutes ago, JasonGG said:

Two days ago, USPS Informed Delivery said my step son - who applied for AOS/EAD/AP in December - was getting a letter from USCIS National Benefits Center (Lees Summit, MO).  That letter still hasn't arrived, though.  I called USCIS spoke to a tier 1 and a tier 2 today and neither had any record of anything being mailed in their systems.  Last update was biometrics being received in February.  Tier 2 said if I don't get the letter by the middle of next week, I should call again.  By then, he thought their system would update and they tell me what the letter is and then resend it.

 

Could this be his EAD/AP?  VisaJourney's estimate for these passed a week ago.  I am now stalking the mailman!

 

Thanks - Jason

Also, no update on the old or new USCIS websites since NOA1 (December 27, 2018). - Jason

[JasonGG 280]

20 hours ago, JasonGG said:

Two days ago, USPS Informed Delivery said my step son - who applied for AOS/EAD/AP in December - was getting a letter from USCIS National Benefits Center (Lees Summit, MO).  That letter still hasn't arrived, though.  I called USCIS spoke to a tier 1 and a tier 2 today and neither had any record of anything being mailed in their systems.  Last update was biometrics being received in February.  Tier 2 said if I don't get the letter by the middle of next week, I should call again.  By then, he thought their system would update and they tell me what the letter is and then resend it.

 

Could this be his EAD/AP?  VisaJourney's estimate for these passed a week ago.  I am now stalking the mailman!

 

Thanks - Jason

Finally got the letter . . . he has to go to a 2nd biometrics appointment later this month.  This one says it is specifically for the I485.  The notice from his appointment in February says it was for AOS and EAD.  Anyone else have to go to 2 biometrics appointments 3 months apart? - Jason

[K1visaHopeful 2,817]

30 minutes ago, JasonGG said:

Finally got the letter . . . he has to go to a 2nd biometrics appointment later this month.  This one says it is specifically for the I485.  The notice from his appointment in February says it was for AOS and EAD.  Anyone else have to go to 2 biometrics appointments 3 months apart? - Jason

Usually the Biometrics notice states that it's for the i485 and the i765 unlike yours which states i765 and i131. There was probably just some mix-up upon initial receipt and they did not realize you had also filed an I-485 concurrently when they scheduled you for your original Biometrics.

[StokesA92 36]

My I-485 status finally updated on Friday. (NOA December 6) and we got RFIE'd. Still waiting on mail. 

 

It's a cyclone of emotions, one hand we are frustrated because we have been extremely organized and to our knowledge everything they need is with them. And on the other hand it's nice to know our case is being worked on! 

 

Dammit, but woohoo?

[AnJay 137]

4 hours ago, StokesA92 said:

My I-485 status finally updated on Friday. (NOA December 6) and we got RFIE'd. Still waiting on mail. 

 

It's a cyclone of emotions, one hand we are frustrated because we have been extremely organized and to our knowledge everything they need is with them. And on the other hand it's nice to know our case is being worked on! 

 

Dammit, but woohoo?

Hope its something very small and easy to fix  but yes, at least it shows they actually looked at your papers.

my pd is December 5th and nothing changed since bio, meh...