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Posted

Hey there,

Can I get some other opinions on what I should do please?

 

Lodged AOS for K1 in April 2024, been 10months and now outside of the 80% of cases window. Am really keen to work so am waiting on that employment auth!!

 

Will contact the congress person- are there specific things I need to mention? Our K1 took longer than others too- will this make a difference? Our finances could do with me working soon (is this worth mentioning?) and I'm sure it will be mutually beneficial- to have people working and contributing.

 

is calling or emailing better ?

 

Thanks all!!

 

Posted (edited)
59 minutes ago, cosyvibes said:

Hey there,

Can I get some other opinions on what I should do please?

 

Lodged AOS for K1 in April 2024, been 10months and now outside of the 80% of cases window. Am really keen to work so am waiting on that employment auth!!

 

Will contact the congress person- are there specific things I need to mention? Our K1 took longer than others too- will this make a difference? Our finances could do with me working soon (is this worth mentioning?) and I'm sure it will be mutually beneficial- to have people working and contributing.

 

is calling or emailing better ?

 

Thanks all!!

First, please fill out your Timeline as your data can help others and others know your USCIS status to help you. Did you file concurrently I-485 and I-765?

 

Past K1 process time is irrelevant to AOS or EAD process times.

 

I-485 expedite approval is rare and hardly worth pursuing, and may slow your approval.

 

I-765 expedite is more feasible provided you can prove certain criteria and circumstances listed here

https://www.uscis.gov/forms/filing-guidance/expedite-requests

Remember the AOS and EAD are petitioned by the foreign spouse and financially supported by the US sponsor(s) so proof of severe financial loss may contradict the I-864 filed.  Some have used a job offer as reason for loss to the company, etc.

 

35 minutes ago, cosyvibes said:

In particular, does it cost extra to expedite it? or can the congress person just do it for you? Can you get it expedited on the grounds that it sits outside of regular processing times or do you need to cite financial / personal reasons ?

No cost to I-765 expedite.

You can get your congressman to inquire the case status for you, but you have to request expedite yourself. 

 

Yes, you need a reason listed for expedite. 

If you see our past I-765 expedite, we used humanitarian reason for our i-765 expedite. 

https://www.visajourney.com/forums/topic/789757-is-expiring-drivers-license-reason-for-expediting-ead/#findComment-10792667

 

 

Edited by EatBulaga
Posted

Thank you so much for your reply, it was very helpful for me to understand the lay of the land. I had a look at the expedite criteria and I don't those criteria apply to me currently so i may have to drop that avenue. I submitted all aos forms april 2024 (10months waiting) yes concurrent filing for EAD. My best bet is  perhaps getting a senator letting them know my case is outside of regular processing times, asking them to inquire and hopefully that revives the case. As well as calling the service line and getting through to someone who can pull up the case perhaps.

 

Perhaps another avenue is to get a work offer - does anyone know what the paperwork avenue for this is? Should I go looking for people who would be willing to employ me and write a letter of support to fast track this?

 

Thank you

 

Filed: K-1 Visa Country: Netherlands
Timeline
Posted
49 minutes ago, cosyvibes said:

Thank you so much for your reply, it was very helpful for me to understand the lay of the land. I had a look at the expedite criteria and I don't those criteria apply to me currently so i may have to drop that avenue. I submitted all aos forms april 2024 (10months waiting) yes concurrent filing for EAD. My best bet is  perhaps getting a senator letting them know my case is outside of regular processing times, asking them to inquire and hopefully that revives the case. As well as calling the service line and getting through to someone who can pull up the case perhaps.

 

Perhaps another avenue is to get a work offer - does anyone know what the paperwork avenue for this is? Should I go looking for people who would be willing to employ me and write a letter of support to fast track this?

 

Thank you

 

Have you received anything regarding the EAD? NOA1? Like EatBulaga said, your timeline helps us give advice. 

Submitted i-129F: 12-4-23
Received/NOA1: 01-31-24
Approved/NOA2: 06-05-24

Medical Exam: 08-06-24
Interview: 09-13-24 APPROVED
Visa in hand: 09-23-24
Moving date: 11-02-24
Married: 01-03-25
AOS Filed: 01-28-25

 

Biggest delay so far: requested SSN on 13th of November, never received the card, got the number in person Jan 16th.

Posted (edited)
4 hours ago, cosyvibes said:

Hey there,

Can I get some other opinions on what I should do please?

 

Lodged AOS for K1 in April 2024, been 10months and now outside of the 80% of cases window. Am really keen to work so am waiting on that employment auth!!

I765 and I485 are completely separate but parallel processes. 

4 hours ago, cosyvibes said:

Will contact the congress person- are there specific things I need to mention?

You are only eligble to contact your government rep once you have exceeded the timeline for EACH process you wish to enquire about AND have waited out the online outside of normal processing times enquiry process completely for THAT individual application

 

That means you can contact them for i765 once that normal processing timeline AND enquiry process wait has been exceeded and you have not received a result. 

You are not eligible to ask for help until then. 

 

I485 cannot be expedited under normal circumstances. 

4 hours ago, cosyvibes said:

Our K1 took longer than others too- will this make a difference?

 

Nope.

4 hours ago, cosyvibes said:

Our finances could do with me working soon (is this worth mentioning?)

For what? Do you mean when you place an expedite enquiry for you're I765 because you've found a job that will employ you and is willing to write you a letter of proof once you've received your I765? I765 can be expedited only on grounds of immediate work possibilities.

 

4 hours ago, cosyvibes said:

and I'm sure it will be mutually beneficial- to have people working and contributing.

 

is calling or emailing better ?

 

 

Calling or emailing whom? 

USCIS? You have no reasons to contact USCIS unless you're eligible to place an online enquiry and followed through with that process to completion.

Same with your government rep.

 

3 hours ago, cosyvibes said:

In particular, does it cost extra to expedite it?

It? I765? No.

I485? Cannot expedite.

3 hours ago, cosyvibes said:

or can the congress person just do it for you?

Under the grounds you have spoken of? No. At th stage you are at, a government rep cannot help you yet. 

3 hours ago, cosyvibes said:

Can you get it expedited on the grounds that it sits outside of regular processing times or do you need to cite financial / personal reasons ?

According to what you at have stated, you are not outside of normal processing times. 

I've linked the important pages that you seem to have quoted as you know you've passed the 80% mark for I485.

What about i765?

 

Ensure you've read through those webpages as they explain in extreme detail WHEN you are allowed to contact USCIS. 

 

Enquiry process is USCIS Online first, THEN your Government rep AFTER you've waited out the USCIS Online enquiry process.

Edited by K1visaHopeful
Posted

https://egov.uscis.gov/processing-times/

 

That is the website you've quoted. 

Check your I485 timeline at YOUR LFO.

I765 is at the NBC for K1s.

 

Those timelines will tell you WHEN you can place an enquiry when you input your Noa1 date at the bottom. 

 

 

 

 

Processing time for Application for Employment Authorization (I-765) at National Benefits Center

80% of cases are completed within
5
Months

 

Sign in or create a new account to see your estimated case timeline.

What does this processing time mean?

We generally process cases in the order we receive them. This processing time is based on how long it took us to complete 80% of adjudicated cases over the past six months. Each case is unique, and some cases may take longer than others. Processing times should be used as a reference point, not an absolute measure of how long your case will take to be completed.

Learn more about processing times.

When can I ask about my case?

Many routine factors impact how quickly a case is processed. We only allow inquiries for cases that are well outside the processing time listed above.

Learn more about the Case Inquiry Date.

Enter your receipt date below to find out if you can contact us with questions.

When is your receipt date?
Get Inquiry Date
Posted

Learn more about the case enquiry date:

 

When and How Can I Ask a Question About the Status of My Case?

Processing times are provided as a reference point for how long we have taken to complete most cases. Because many factors impact the processing time – and to better manage our limited resources by allowing staff to focus on adjudicating cases rather than responding to inquiries – we allow inquiries for cases that are taking longer than the time USCIS took to complete 93% of adjudications. Those cases are deemed to be outside normal processing times. For forms that still use the cycle time methodology, we generally define outside normal processing times as those cases that are taking longer than 130% of the cycle time.2

You must go to the processing times webpage, where we provide a tool to help you determine whether you can request an update on your case. Using the tool, you enter your receipt date, which can be found on your receipt notice, into the text box. If your case is outside normal processing times (beyond the time to complete 93% of adjudicated cases or beyond 130% of the cycle time), you will be provided a link for submitting an inquiry. If your case is within normal processing times, you will be provided an estimated date for when you can contact us. Please check back periodically because processing times may change.

2. We use 130% of the cycle time because it is close to the time to complete 93% of adjudicated cases – though this can vary by form type and office. Because cycle times use a different methodology, they do not correspond directly to the processing times produced with our current methodology.

Posted

MOTS: this is their online procedure that we must adhere to. 

Contacting them by other means, although the desire is understandable, is not acceptable until their online system allows us to based on the webpage results when we enter our correct info. 

If it says you aren't eligble, you just aren't yet. 

The good thing is you can check this on your own whenever you feel like and at the moment you are eligble you can get the ball rolling yourself by placing an online outside of normal processing times enquiry.

Posted

If you can get a written job offer, you can use that to request an expedite for your EAD with USCIS.

 

Please note that if you want to contact a Congressman, you technically are not one of their constituents yet; their constituents are US citizens and to some extent LPRs, and you aren't yet. Your US Citizen spouse will need to contact them. Some Congressmen are more strict about this than others.

Filed: K-1 Visa Country: Pakistan
Timeline
Posted

If I may ask

 

1) Can you kindly update your timeline here (trust me it helps a lot)

2) What does it show on the USCIS website? Does it show the application received and that's all?

  • Jan 26, 2021 = NOA 1 for I-129F (K1 Visa application)
  • Sep 8, 2021 = NOA 2 for I-129F (K1 Visa application)
  • Nov 16, 2021 =  K1 visa issued in Islamabad, Pakistan
  • Jan 20, 2022 = POE Dallas, Texas
  • Feb 14, 2022 = AOS (I-451, I-131, I765) Filed
  • Feb 20, 2022 = Receipt notice for all three received
  • March 21, 2022 = Biometrics in Dallas, Texas
  • August 9, 2022 = EAD (I-751 approved)
  • August 13, 2022 = EAD and SSN received (SSN applied with EAD)
  • September 6, 2022 = AP (I-131 approved)
  • September 13, 2022 = AP (I-131 receieved) 
  • March 15, 2023 = I-485 approved (interview waived, New SSN received without DHS wording)
  • March 31, 2023 = GC in hand (Total time from NOA-1 to GC in hand 794 days)
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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