Requesting Expeditious EAD Processing But Not For/With JO

[Ava Monsoon 1]

I am new here and have scrubbed the forum for answers and might have just missed it, as my concern pertains to an EAD expedite but without a pending job offer. I would appreciate any advice for financial loss as an expedite reason but for financial obligations overseas.

 

A quick background - I filed for AOS after 120 days of being in the US. We got married 15 months before that. It was not concurrent filing, by the way. I went back home after we got married, and continued working until I resigned. I visited my husband in July 2022 (we initially planned to do every 6 months of alternate traveling to our respective locations until the petition comes through) but we got anxious about the delay as we plan to begin a family that we decided to apply for AOS in November. The I-130 at this point has not moved for 13 months despite our constant follow ups and a congressional.

 

My AOS + EAD + AP was filed and I was made to undergo biometrics. I would like to apply for expedite at least for EAD because the money I saved up is almost gone. The thing though is that the financial loss is mainly for my financial obligations back home/overseas. My husband is employed and has provided for me since I got here but we agreed that my financial concerns are my own, and I also would not want to burden him with it. The obligations are not substantial (for some, but to a Php earner like I used to be, IT IS) if taken in on a monthly basis ($800 for loan amortizations and $900 for parental assistance with living conditions and medicines) but they are regular, like clockwork. I have funded this for a year with my savings some of which were also used to pay for half of the AOS fees, my plane ticket, very minimal grocery expenses since I got here (the PHP to USD exchange rate slapped me hard despite these "little expenses") etc. Now that source has dried up.

 

I wont be able to present a JO as not having an EAD blocks me from even being considered for a job. Even part-times in bookstores and retail shops require an EAD. I was also informed that any virtual work that seems to be popular now is not allowed because even if I get paid through my PH bank account, the work is still done in the US where i'm physically located and that is "working without a permit". I have attended "almost there!!!" interviews like that which didn't push through with an offer (I was short of saying you can hire me and pay me third-country labor rates despite my being in the US, please just hire me! but i guess they'e not that interested, and i digress).

 

Anyway, I have belabored the point too much. I requested an expedite and received a USCIS email requesting me to fax supporting docs. I just dont want to mess it up and save both of us time because I know there are far more valid expedite reasons that mine. Any advice and tips would be appreciated. Thank you!

 

 

[Boiler 45,445]

You need to send in documents to support the basis that you are seeking an expedite, severe financial loss.

[Chancy 6,241]

*** Moved from AOS from Work/Student/Tourist Visas forum to Working & Traveling During US Immigration, to be among other threads about EAD expedite ***

 

[Ava Monsoon 1]

22 minutes ago, Boiler said:

You need to send in documents to support the basis that you are seeking an expedite, severe financial loss.

Thank you! Planning to include that in my supporting documents, specifically the bank's schedules of amortization I have to settle monthly and my redacted statement of account where the payment is deducted regularly which now shows theres nothing to debit from due to lack of funds.

[Boiler 45,445]

I would have a Plan B

[Family 3,988]

8 hours ago, Ava Monsoon said:

very minimal grocery expenses since I got here

You have better chances persuading your husband to stop being a tightwad. Even by PhP standards a monthly $1,700 expense is grand..you must have been earning good$$. ..but won’t get you an expedite
 

Try community /friends /reference source out a smaller mom and pop shop willing to write up a Job Offer Letter…if you want to be effective, then reach out to Congressman’s office for help. 

[Lemonslice 4,831]

That is a big downside of the AOS.  Discuss with your husband, and family back home, how they can support you while you're unable to work.  Even if the expedite request was approved, it's not instantaneous. 

[Boiler 45,445]

Seems to take a couple of months to review an expedite request.

[carmel34 3,620]

20 hours ago, Ava Monsoon said:

The thing though is that the financial loss is mainly for my financial obligations back home/overseas. My husband is employed and has provided for me since I got here but we agreed that my financial concerns are my own, and I also would not want to burden him with it. The obligations are not substantial (for some, but to a Php earner like I used to be, IT IS) if taken in on a monthly basis ($800 for loan amortizations and $900 for parental assistance with living conditions and medicines) but they are regular, like clockwork. I have funded this for a year with my savings some of which were also used to pay for half of the AOS fees, my plane ticket, very minimal grocery expenses since I got here (the PHP to USD exchange rate slapped me hard despite these "little expenses") etc. Now that source has dried up.

You can ask for an expedited EAD, but "financial obligations overseas" will be a challenge.  Normally expedite requests require financial hardship to the US citizen/LPR petitioner.  If you can show that your financial obligations back home are overly burdensome to yourself and your husband, it may be granted.  This is one drawback of AOS that many overlook--you and your husband filed documents stating that he has sufficient income to sponsor you financially.  I assume that you were upfront with your husband about your previous financial obligations?  Debt of one spouse becomes debt of the other, at least that's how the courts view the situation, not sure if USCIS will agree, but it's worth a try.  I agree with others that your best path forward is to get a written job offer in the US, conditional on your getting your EAD, and send that in with other documents showing financial hardship to your family unit.  Good luck!

[Ava Monsoon 1]

On 2/11/2023 at 8:59 AM, carmel34 said:

You can ask for an expedited EAD, but "financial obligations overseas" will be a challenge.  Normally expedite requests require financial hardship to the US citizen/LPR petitioner.  If you can show that your financial obligations back home are overly burdensome to yourself and your husband, it may be granted.  This is one drawback of AOS that many overlook--you and your husband filed documents stating that he has sufficient income to sponsor you financially.  I assume that you were upfront with your husband about your previous financial obligations?  Debt of one spouse becomes debt of the other, at least that's how the courts view the situation, not sure if USCIS will agree, but it's worth a try.  I agree with others that your best path forward is to get a written job offer in the US, conditional on your getting your EAD, and send that in with other documents showing financial hardship to your family unit.  Good luck!

Thank you for your insight. Yes, my husband is aware, and I would like to think if push comes to shove he will cover me in the meantime. I am just trying as much as I can to stick to my own plans especially for obligations that existed way before I got married. I will consider pursuing those written job offers for the employers that would consider interviewing me despite my lack of an EAD!