Question about AOS and EAD

[Lady A 51]

6 minutes ago, Crazy Cat said:

I am eager to see if USCIS accepts the petitions as is.  

I’ll try to let you know if I remember. I’m so mad I wasted my money but it’s all good. Just glad I finally have my man here after two years of separation! 

[JeanneAdil 6,693]

he interviewed at embassy in January but when did he actually come?

Are you still within the I 94 date to go to SS to apply for SS # (not sure of the actual timeframe needed to do this but if the POE date was on your profile timeline, it would enable others to help u with this )

[Lady A 51]

Just now, JeanneAdil said:

he interviewed at embassy in January but when did he actually come?

Are you still within the I 94 date to go to SS to apply for SS # (not sure of the actual timeframe needed to do this but if the POE date was on your profile timeline, it would enable others to help u with this )

January 13 he arrived 

too late to apply for SSN

Unfortunately we were misinformed by a non-VJ member and thought he could not get an SSN. I’m back patrolling the topics on VJ and see I could have saved myself much trouble. 

 

[Mike E 11,742]

 I think locating the adjustment of status from guide  K-1 link so far from the K-1 visa guide link contributes to these mistakes. 

[JeanneAdil 6,693]

6 minutes ago, Lady A said:

January 13 he arrived 

too late to apply for SSN

Unfortunately we were misinformed by a non-VJ member and thought he could not get an SSN. I’m back patrolling the topics on VJ and see I could have saved myself much trouble. 

 

sorry u did not know this

understand that this is why the embassy gives out the Welcome to the USA booklet

 

also if he is under 26 ,  he must register for selective service /not doing this affects many later when they apply for citizenship

 

Take a deep breathe and relax

you have the best answers now so you can ride the waves of AOS 

[Lady A 51]

6 minutes ago, JeanneAdil said:

sorry u did not know this

understand that this is why the embassy gives out the Welcome to the USA booklet

 

also if he is under 26 ,  he must register for selective service /not doing this affects many later when they apply for citizenship

 

Take a deep breathe and relax

you have the best answers now so you can ride the waves of AOS 

Thanks so much. Appreciate the encouragement! I’ll be following the guide from here on out! 

[dwheels76 5,469]

6 hours ago, Lady A said:

Thanks so much. Appreciate the encouragement! I’ll be following the guide from here on out! 

Just get your receipt notice (I-797) for I-485 and I-131 and copy and attach with I-765 (EAD) filing. Once you get EAD or green card you can go apply for SS card.
Sorry u were misinformed and didn't know but now you here and we are here to guide you down the right path.

[SalishSea 18,219]

18 hours ago, Lady A said:

Hello all! Need some help. We recently filed I-130

and I-485. How long does AOS usually take? Can we apply for EAD while we wait even if he doesn’t have an SSN yet? Sorry I’m quite naive so please be kind!

Thought you were waiting on a K-1?

[Adventine 3,215]

18 hours ago, Lady A said:

Thanks so much. Appreciate the encouragement! I’ll be following the guide from here on out! 

 

Ask your spouse to create their own VJ account. Understanding the process and completing all the paperwork should be a team effort.

[Lady A 51]

On 4/18/2022 at 8:34 AM, Crazy Cat said:

I am eager to see if USCIS accepts the petitions as is.  

Hi there. Got NOA for the I-130 (you know the one I didn’t need lol) but it’s an RFE for my husband to fill out I-130A. Should we do it or just wait on AOS and EAD? Not even sure what to do 

[dwheels76 5,469]

3 hours ago, Lady A said:

Hi there. Got NOA for the I-130 (you know the one I didn’t need lol) but it’s an RFE for my husband to fill out I-130A. Should we do it or just wait on AOS and EAD? Not even sure what to do 

I would call them because you don;t need I-130 since you married within 90 days from a K1 not needed. However in their system they seem to not be as astute.

Call them and clear it up.

[Chancy 6,243]

19 hours ago, dwheels76 said:

I would call them because you don;t need I-130 since you married within 90 days from a K1 not needed. However in their system they seem to not be as astute.

 

It also matters what petition was listed in the I-485 as the basis for filing.  If they listed the concurrently filed I-130 as the basis for the I-485, then they should respond to the RFE with the completed I-130A.  Or withdraw the I-130 petition, very clearly stating that the reason for withdrawal is due to filing error, as the beneficiary entered with K1 visa and married the petitioner within 90 days of entry.  The I-485 must also be updated by sending a correction for the receipt number of the underlying petition and a copy of the I-129F approval notice.  More complicated and no certainty that the correction will find its way to the I-485 case file.  Since the I-130 has already been filed anyway, I recommend just following the instructions on the RFE and sending the I-130A.

 

[NB5347 43]

On 4/18/2022 at 7:58 AM, Lady A said:

Hello all! Need some help. We recently filed I-130

and I-485. How long does AOS usually take? Can we apply for EAD while we wait even if he doesn’t have an SSN yet? Sorry I’m quite naive so please be kind!

EAD took 150 days to show "Card being produced" for us!