Venting my Frustration

[Gomast 65]

4 hours ago, Jorgedig said:

Did you not apply for all three concurrently?  (AOS/EAD/AP)

In September 2019, I applied concurrently but I used an expired form for the I-131. So a few weeks later I resubmitted the I-131. It was approved in May 2020, after 8 months. In March 2021 I applied for renewal of the AP. 

Basically, from the 2.5 years that I’m in the US, I was only able to leave during the 1 year of the AP. USCIS is treating a renewal application for AP in the same way and with the same processing times as a first AP application. I think that the policy should be that once you approve the first AP application, the AP should be extended throughout the processing of the I-485. 

[Redro 4,611]

15 hours ago, Gomast said:

While I feel very lucky to share my life with my wife here in the US, especially after we lived apart during the K-1 process, I am frustrated that I haven't been able to visit my home country (Israel) and see my friends and family since I arrived to the US on July 2019. I have been waiting for the GC since 9/23/19. I have been waiting for AP approval since 3/21/21. I already submitted 3 outside normal processing times requests. USCIS hasn't responded to any requests. The EAD took 18 months to approve. My drivers license renewal was pending EAD approval.

 

It's kinda your fault you haven't traveled back home. You only applied for AP in 2021. You could have submitted the I-131 when you submitted your AOS. 

 

15 hours ago, Gomast said:

I think that the USCIS should change their AP policy:

1. EAD should be automatically issued for 180 days, upon entry with K-1.

2. Once USCIS approves the I-131, it should be valid for at least for 3 years, (considering current "normal processing times"). Otherwise, the AP should be valid until USCIS decision on the I-485.

 

I know that I need to be patient, and I am trying, but this immigration process could be made much more accommodating to the beneficiary, without compromising the immigration process.

K3 and K4 was a multiple entry visa and it came with work authorization. But, this visa was only valid for 2 years. 3 years is pushing your luck. 

 

The K1 visa isn't the same as the K3 and K4 though. You don't have a USC relative when you receive it. K1 visa is only valid for 90 days so EAD should last that long. 180 days would mean EAD is valid while the person is theoretically out of status (as some do not file AOS on time). 

 

To extend the work authorization (after the initial 90 days), I suppose one could go to a field office and show proof of marriage before the 90 days to extend EAD and receive AP but that would mean a change in the rules of the K1. 

 

 >>K1 is a single entry visa BUT if you marry the USC spouse before the 90 Days you automatically receive and extension of EAD and you receive AP. <<

 

(stamp in passport while you wait for the physical card?)

 

I wonder if this change is feasible and practical? K1's get their work and travel privilege as soon as they marry and they're able to make INFOPASS appointments to obtain the privilege? How many K1s enter every year?

 

The process is frustrating I agree. And it really doesn't seem fair that one needs to choose either being separated from family and friends back in the home country or being separated from your partner for an unknown period. But, that's one of the major drawbacks of choosing to be with someone from another country. 

[iwannaplay54 985]

K visa holders are definitely at a disadvantage when it comes to basic things like travel and work

If I were to go back, I would have gone CR every time.  
This is the hardest part and seems in your case to be unnecessarily extended.  Can’t help you but I remember those days and it was tough on us.  Your vent is accepted with empathy.  Best of luck to ya.

[iwannaplay54 985]

2 hours ago, Kor2USA said:

It's kinda your fault you haven't traveled back home. You only applied for AP in 2021. You could have submitted the I-131 when you submitted your AOS. 

 

K3 and K4 was a multiple entry visa and it came with work authorization. But, this visa was only valid for 2 years. 3 years is pushing your luck. 

 

The K1 visa isn't the same as the K3 and K4 though. You don't have a USC relative when you receive it. K1 visa is only valid for 90 days so EAD should last that long. 180 days would mean EAD is valid while the person is theoretically out of status (as some do not file AOS on time). 

 

To extend the work authorization (after the initial 90 days), I suppose one could go to a field office and show proof of marriage before the 90 days to extend EAD and receive AP but that would mean a change in the rules of the K1. 

 

 >>K1 is a single entry visa BUT if you marry the USC spouse before the 90 Days you automatically receive and extension of EAD and you receive AP. <<

 

(stamp in passport while you wait for the physical card?)

 

I wonder if this change is feasible and practical? K1's get their work and travel privilege as soon as they marry and they're able to make INFOPASS appointments to obtain the privilege? How many K1s enter every year?

 

The process is frustrating I agree. And it really doesn't seem fair that one needs to choose either being separated from family and friends back in the home country or being separated from your partner for an unknown period. But, that's one of the major drawbacks of choosing to be with someone from another country. 

K3 does NOT come with work authorization and to get a SS card and drivers license we had to wait for EAD to be approved

K3 visaholders cannot even get a SS card, at all, until EAD is approved.  K1 can get a card but cannot work.

The only difference between K1 and K3 is K3 allows travel on the visa for a year.

Edited January 5, 2022 by iwannaplay54

[P055UM 288]

19 hours ago, Gomast said:

Exactly, that would have been ideal. I assume that it was canceled because they wanted to prioritize Americans for jobs, and I can understand it. 

They should give a stamp in the passport for AP. It won’t hurt Americans, and it would be such help for beneficiaries who still need to visit their home country. 

Fully agree with this. At a stretch, I can see the rationale behind the EAD. But AP? I don't get that at all. Going home to visit family whilst waiting for the EAD would be a nice way to fill the time  

[millefleur 5,047]

5 hours ago, Gomast said:

In September 2019, I applied concurrently but I used an expired form for the I-131. So a few weeks later I resubmitted the I-131. It was approved in May 2020, after 8 months. In March 2021 I applied for renewal of the AP. 

Basically, from the 2.5 years that I’m in the US, I was only able to leave during the 1 year of the AP. USCIS is treating a renewal application for AP in the same way and with the same processing times as a first AP application. I think that the policy should be that once you approve the first AP application, the AP should be extended throughout the processing of the I-485. 

The AP renewal should just be switched over to a stamp in the passport like an extension, similar to people who get I-551 stamps while waiting out ROC. If you were approved for AP before, starting all over again from zero seems like it creates redundant work and bogs down USCIS even more. You raise some great points, the current system with this makes little sense.

 

 

[.yana 598]

I filed for my EAD in 2016, and it was approved in 80-ish days. And that was considered on a longer end back then.

Crazy how long people have to wait now. 

 

And the fact that I had to file for a renewal EAD just weeks before my greencard was approved, and shell out smth like $400 is a BS. 

IMO if your case is still pending, and you're forced to renewal your EAD / AP - the fee should be waived. Not sure, maybe it is these days since wait times are so long.

[Unlockable 7,315]

*** One post removed for derailing thread with political views. Please post constructively.

 

VJ Moderation

[Gomast 65]

7 hours ago, Kor2USA said:

It's kinda your fault you haven't traveled back home. You only applied for AP in 2021. You could have submitted the I-131 when you submitted your AOS. 

 

K3 and K4 was a multiple entry visa and it came with work authorization. But, this visa was only valid for 2 years. 3 years is pushing your luck. 

 

The K1 visa isn't the same as the K3 and K4 though. You don't have a USC relative when you receive it. K1 visa is only valid for 90 days so EAD should last that long. 180 days would mean EAD is valid while the person is theoretically out of status (as some do not file AOS on time). 

 

To extend the work authorization (after the initial 90 days), I suppose one could go to a field office and show proof of marriage before the 90 days to extend EAD and receive AP but that would mean a change in the rules of the K1. 

 

 >>K1 is a single entry visa BUT if you marry the USC spouse before the 90 Days you automatically receive and extension of EAD and you receive AP. <<

 

(stamp in passport while you wait for the physical card?)

 

I wonder if this change is feasible and practical? K1's get their work and travel privilege as soon as they marry and they're able to make INFOPASS appointments to obtain the privilege? How many K1s enter every year?

 

The process is frustrating I agree. And it really doesn't seem fair that one needs to choose either being separated from family and friends back in the home country or being separated from your partner for an unknown period. But, that's one of the major drawbacks of choosing to be with someone from another country. 

I did submit the I-131 with the AOS. It was approved after 8 months, and then Covid-19 started. Two months before the AP expired, I reapplied and I have been waiting since then (for about 10 months now). 
 

The USCIS changed the policy of EADs due to increased processing times. They granted automatic 180 days extension for some existing EADs. They should do the same for existing APs. 

[arken 4,197]

16 minutes ago, Gomast said:

The USCIS changed the policy of EADs due to increased processing times. They granted automatic 180 days extension for some existing EADs.

It was already enacted in 2017, 3 years before Covid happened.

 

Anyway, there are so many things uscis could do something even if temporarily to provide some relief from ongoing backlogs for sure.

[Redro 4,611]

9 hours ago, iwannaplay54 said:

K3 does NOT come with work authorization and to get a SS card and drivers license we had to wait for EAD to be approved

K3 visaholders cannot even get a SS card, at all, until EAD is approved.  K1 can get a card but cannot work.

The only difference between K1 and K3 is K3 allows travel on the visa for a year.

Perhaps they changed the rules? 

 

If you are admitted to the United States with a K-3 or K-4 visa, you are automatically authorized to work based on your status. To obtain evidence of employment authorization, you may file Form I-765, Application for Employment Authorization at any time after being admitted to the U.S. Alternatively, you may file an application for a Green Card and then apply for employment authorization based on that pending application even if your K-3 or K-4 nonimmigrant status expires.  

 

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

 

Everything I stated was quoted from the uscis webpage. 

[iwannaplay54 985]

4 hours ago, Kor2USA said:

Perhaps they changed the rules? 

 

If you are admitted to the United States with a K-3 or K-4 visa, you are automatically authorized to work based on your status. To obtain evidence of employment authorization, you may file Form I-765, Application for Employment Authorization at any time after being admitted to the U.S. Alternatively, you may file an application for a Green Card and then apply for employment authorization based on that pending application even if your K-3 or K-4 nonimmigrant status expires.  

 

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

 

Everything I stated was quoted from the uscis webpage. 

The webpage summarizes what I said.  No EAD, no SS.  No SS, no proof of employment and no job.  You have to file I-765 first.

 

We went through all of this.  Website said the same thing then that it says now.  OP raises good points.  

Edited January 6, 2022 by iwannaplay54

[Redro 4,611]

1 hour ago, iwannaplay54 said:

The webpage summarizes what I said.  No EAD, no SS.  No SS, no proof of employment and no job.  You have to file I-765 first.

 

We went through all of this.  Website said the same thing then that it says now.  OP raises good points.  

I suppose that makes sense. The point of the K visa is reunification not to grant the intending immigrant work and travel privileges.

I mistakenly assumed one would receive a stamp in the passport and apply for SSN upon arrival.