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DialNoises

AOS denied due to missing supporting Affidavit Of Support documents.

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Filed: Citizen (apr) Country: Russia
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18 hours ago, DialNoises said:

Also how is it possible to get an SSN number before getting my EAD

Although some offices make it difficult due to misunderstanding the law and/or regulations, if you apply for an SSN during the first 76 days you're here on a K-1 (you need to be in status, technically able to work legally -- a K1 can apply for an EAD, it just takes too long to actually get one off of the K1 so it's pointless to apply off of the K1 rather than off of AOS, and have enough time left that you'd get the card while that's still the case), you should be able to get one (my wife did).

 

After that, you have to wait for EAD or GC.

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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6 hours ago, DaveAndAnastasia said:

Although some offices make it difficult due to misunderstanding the law and/or regulations, if you apply for an SSN during the first 76 days you're here on a K-1 (you need to be in status, technically able to work legally -- a K1 can apply for an EAD, it just takes too long to actually get one off of the K1 so it's pointless to apply off of the K1 rather than off of AOS, and have enough time left that you'd get the card while that's still the case), you should be able to get one (my wife did).

 

After that, you have to wait for EAD or GC.

Huh, I see! Than you very much! 

Unfortunately I tried to apply and get my SSN at the social security office multiple times when I was visiting during my stay before my K1 visa has expired, they were handling my case for a bit too long and unfortunately processing my SSN got denied because the actual steps were taken after my k1 visa had reached it's deadline. 

 

Well hopefully we will be able to ammend the tax return forms and change it to married using only the only information that I have got in hand since I don't have my SSN in hands yet! 

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  • 2 months later...
  • 1 month later...

I have been holding off doing a medical exam because of covid 19 knowing that the offices were closed and could have been closed for months, but considaring the offices have opened, I'm feeling conflicted on when to get an examination. 

My original plan is as soon as my status changes from "were going to schedule you an interview" to "an interview has been scheduled", I'll call to make a medical appointment to get a new medical examination for the interview.

All though the medical examination is going to be valid for two years, I know there's a lot of backlogigng in the USCIS and my interview might as well be scedualed months ahead of now (which obviously could even be very soon, like any day now even, it's very unperdictable!)

Or if the offices close again since I'm living one of the top covid 19 possessing states, that's gonna shave a lot of time of how long I can use my medicals if my interview somewhat goes wrong and I'll be needing to file again, especially if offices close again due to another wave of covid 19, and the USCIS gonna start issuing approvals like they were back in April this year. (which would make the expensive medical a waste of money) 

This is why I'm considaring booking myself an appointment as soon as they schedule us out interview. 

But this as long as it's possible to initiate a medical exam during the period of the 30 days they give you to get prepared for the interview. 

 

Would it be a really bad idea to sceduale a medical as soon as you get your interview scheduled? 

Or is it a common practice among most K1 immigrants to sceduale a medical appointment as soon as you get your interview scheduled? (back home the uscis certified doctor was insisting that I should only get my medical with them as soon as my k1 visa (not AOS) interview is scheduled) 

 

feedback would be appreciated! 

 

 

Also I have been using the USCIS doctors search tool, and I noticed that there's a lot of "doctors" in my area, even doctors that are local to me and live about a few miles away, 

It's not possible that all these doctors are USCIS certified, right? 

Does the tool looks for all (certified and not certified) doctors in your area? 

Or is thd search tool is as strict as only looking up uscis certified doctors? 

It doesn't make sense to me to have so many uscis certified doctors around, I don't want to make a mistake and bring myself to a non uscis certified surgeon to make my medical examination since mine is expired. 

 

Regardless, thank you for everything and helping me through my journey!! 

Imagine! If it weren't for you guys, I'd be making the mistake of filing documents to make the uscis reconsiderate their decision, which would not only be a waste of money, but also time! 

Thank you for leading me into the right path! Than you for being such a helpful community, I'll be forever grateful. 

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Filed: Citizen (apr) Country: Russia
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Remember that you only need a new medical for AOS from a K-1 if one of these is true

  • Your K-1 medical did not have all vaccinations marked as complete OR
  • Your K-1 medical was over a year before you filed for AOS OR (pretty much only possible if you were already out of status when you filed for AOS)
  • Your K-1 medical came back with a condition that requires a follow-up US medical (extremely rare)

 

I'd definitely hold off scheduling your AOS medical (if you're sure you need one) until your interview is actually scheduled (not just 'ready to be scheduled') because your medical exam has a limited validity period.

 

The doctors you find from the search tool on USCIS' site are all certified civil surgeons. There really aren't that many of them if you think about it. IIRC, USCIS processes something around a million AOS applications every year, though less than 200K are marriage-based and less than a quarter of the marriage-based ones are AOS specifically AOS from a K-1.

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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4 minutes ago, DaveAndAnastasia said:

Remember that you only need a new medical for AOS from a K-1 if one of these is true

  • Your K-1 medical did not have all vaccinations marked as complete OR
  • Your K-1 medical was over a year before you filed for AOS OR (pretty much only possible if you were already out of status when you filed for AOS)
  • Your K-1 medical came back with a condition that requires a follow-up US medical (extremely rare)

 

I'd definitely hold off scheduling your AOS medical (if you're sure you need one) until your interview is actually scheduled (not just 'ready to be scheduled') because your medical exam has a limited validity period.

 

The doctors you find from the search tool on USCIS' site are all certified civil surgeons. There really aren't that many of them if you think about it. IIRC, USCIS processes something around a million AOS applications every year, though less than 200K are marriage-based and less than a quarter of the marriage-based ones are AOS specifically AOS from a K-1.

Thank you so much for your response! 

My overseas medical is definitely over a year, hense why I'm doing a new one! 

 

I would definitely follow your advice then, I thought I perhaps have been careless not doing the medical any sooner, but same goes around if I were!

 

And in regards to the USCIS doctor search tool, that's really relieving to know! It surpsied me how many doctors I could have chosen from and I couldn't exactly confirm if they are uscis certified!

Knowing that helps a lot! 

Hopefully I can now find a doctor that wouldn't rip me off using the useful thread you can find on the K1 AOS sub forum! 

 

On the bright side, my EAD and AP have been approved today!! 

I have been laid off for so long that going to work again is going to be mind blowing and something my body is totally not in shape for anymore 😝

I wonder what rights do I get with my EAD

I know I can finally work now in any institution (until my EAD expires 😒 but thankfully it is something that can extended 😄

But as a previous freelance worker, is it legal to do some side freelance work as well? 

With employment authorization am I also allowed to accept any money given to me? 

My wife is finally going to be able to amend her tax forms and and file as married once I aquire my social security (the ITIN number has never arrived..) and considering there is going to be a second wave of stimulus checks, I might just get one as well as my wife whom got it previously, am I allowed to cash that as well? Or do I must cash it only when my green card is issued? if then, is my wife allowed to cash my stimulus check in her bank? Or would it be considered illegal? 

 

Thank you so much! 

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On 6/8/2020 at 1:10 PM, DialNoises said:

Thank you so much for your response! 

My overseas medical is definitely over a year, hense why I'm doing a new one! 

 

I would definitely follow your advice then, I thought I perhaps have been careless not doing the medical any sooner, but same goes around if I were!

 

And in regards to the USCIS doctor search tool, that's really relieving to know! It surpsied me how many doctors I could have chosen from and I couldn't exactly confirm if they are uscis certified!

Knowing that helps a lot! 

Hopefully I can now find a doctor that wouldn't rip me off using the useful thread you can find on the K1 AOS sub forum! 

 

On the bright side, my EAD and AP have been approved today!! 

I have been laid off for so long that going to work again is going to be mind blowing and something my body is totally not in shape for anymore 😝

I wonder what rights do I get with my EAD

I know I can finally work now in any institution (until my EAD expires 😒 but thankfully it is something that can extended 😄

But as a previous freelance worker, is it legal to do some side freelance work as well? 

With employment authorization am I also allowed to accept any money given to me? 

My wife is finally going to be able to amend her tax forms and and file as married once I aquire my social security (the ITIN number has never arrived..) and considering there is going to be a second wave of stimulus checks, I might just get one as well as my wife whom got it previously, am I allowed to cash that as well? Or do I must cash it only when my green card is issued? if then, is my wife allowed to cash my stimulus check in her bank? Or would it be considered illegal? 

 

Thank you so much! 

Also! Does the Combo Card expires when a pending AOS gets rejected? 

So if I were to work, and I would get rejected after appearing in the interview, would I not be able to walk back to work legally? 

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Filed: Citizen (pnd) Country: Brazil
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3 hours ago, DialNoises said:

Also! Does the Combo Card expires when a pending AOS gets rejected? 

So if I were to work, and I would get rejected after appearing in the interview, would I not be able to walk back to work legally? 

Yes. The combo card is valid based on the pending AOS. If the AOS is not pending anymore and rejected EAD is also terminated.

Edited by Ayrton
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16 hours ago, Ayrton said:

Yes. The combo card is valid based on the pending AOS. If the AOS is not pending anymore and rejected EAD is also terminated.

Huh! That's a shame, this will make getting me hired more a difficult (or extremely easy) decision for employers to make then considaring I could lose my legal right to work only within a month or two (depending how soon that AOS interview will be scheduled)

Too risky to spend money to train employees who are not legally guaranteed to stay. 

But thank you!!! I wonder if I'm even allowed to cash in my paycheck after when my EAD gets terminated, 

Regardless, thank you for your response!! 

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Filed: Citizen (pnd) Country: Brazil
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41 minutes ago, DialNoises said:

Huh! That's a shame, this will make getting me hired more a difficult (or extremely easy) decision for employers to make then considaring I could lose my legal right to work only within a month or two (depending how soon that AOS interview will be scheduled)

Too risky to spend money to train employees who are not legally guaranteed to stay. 

But thank you!!! I wonder if I'm even allowed to cash in my paycheck after when my EAD gets terminated, 

Regardless, thank you for your response!! 

 

You can't be discriminated by using an EAD.  It's the law. If they say they're not giving you a job because you have an EAD or because your EAD will expire in one year, there's a number you can call, from the government I believe, and they will call the company and explain they can face charges if they discriminate someone for using EAD.

 

 

This is on the I-9 that you fill out when you get hired: 

 

"ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination."

Edited by Ayrton
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3 hours ago, Ayrton said:

 

You can't be discriminated by using an EAD.  It's the law. If they say they're not giving you a job because you have an EAD or because your EAD will expire in one year, there's a number you can call, from the government I believe, and they will call the company and explain they can face charges if they discriminate someone for using EAD.

 

 

This is on the I-9 that you fill out when you get hired: 

 

"ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination."

Huh! Wow! That's cool then! 

If that ever does happen I can totally use that! 

Though I have a feeling that employers really don't owe giving me reason on why they swiped me to the left or cook up a different legitimate excuse for why they chose other candidates over me, ya kno how it is, always a way around 

But thank you for informing me! 

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Filed: Citizen (pnd) Country: Brazil
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5 hours ago, DialNoises said:

Huh! Wow! That's cool then! 

If that ever does happen I can totally use that! 

Though I have a feeling that employers really don't owe giving me reason on why they swiped me to the left or cook up a different legitimate excuse for why they chose other candidates over me, ya kno how it is, always a way around 

But thank you for informing me! 

You're also not legally required to tell them what kind of work authorization you have, until you have to file I-9, which you should have the offer already.

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  • 4 weeks later...
On 6/14/2020 at 10:15 AM, Ayrton said:

You're also not legally required to tell them what kind of work authorization you have, until you have to file I-9, which you should have the offer already.

I never realized my reply never went through! So sorry for the lack of response! 

Regardless, thank you so much! This could stand aidful for anything situation that would go this kind of wrong! 

 

Also are you suppose to get an SSN after getting your EAD

I checked the part in the forms requesting for an SSN, and I saw on the uscis website that an SSN card should arrive within two weeks after recieving the EAD

It's been almost a month and I haven't recorded an SSN, I called the social security offices to see if I could schedule an appointment to get my SSN issued since everything had opened again Friday, and we were told that the offices are still remaining closed.. 

Probably gonna hit them with another call soon later to see if there have been any changes, 

But are you suppose to get an SSN from the USCIS? Should I not attempt to issue my own SSN at the social security office? Or am I suppose to apply for it? And if so, how should I? 

Thank!! 

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Filed: Citizen (pnd) Country: Brazil
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1 hour ago, DialNoises said:

I never realized my reply never went through! So sorry for the lack of response! 

Regardless, thank you so much! This could stand aidful for anything situation that would go this kind of wrong! 

 

Also are you suppose to get an SSN after getting your EAD

I checked the part in the forms requesting for an SSN, and I saw on the uscis website that an SSN card should arrive within two weeks after recieving the EAD

It's been almost a month and I haven't recorded an SSN, I called the social security offices to see if I could schedule an appointment to get my SSN issued since everything had opened again Friday, and we were told that the offices are still remaining closed.. 

Probably gonna hit them with another call soon later to see if there have been any changes, 

But are you suppose to get an SSN from the USCIS? Should I not attempt to issue my own SSN at the social security office? Or am I suppose to apply for it? And if so, how should I? 

Thank!! 

If you checked the yes box to get a SSN issued, you will receive it. But it can take several weeks. Some people received after 6 weeks.

 

 

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18 hours ago, Ayrton said:

If you checked the yes box to get a SSN issued, you will receive it. But it can take several weeks. Some people received after 6 weeks.

 

 

Ohh boy! Hopefully I'll be getting it within this timeline or at all! Not sure how covid 19 is affecting it and if the uscis depends on if the social security offices are open.

I still wonder what things am I allowed to explore legally with my work permit and what's not, like from home freelance, accepting money or gifts from people with no regards to work (or money exchange for working one timely for an individual) or if being allowed to get and cash a stimulus check as a pending immigrant with an EAD, as I brought up a few conversations back in the thread, curious! 

 

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