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zeilend

Expediting AP for Financial Loss?

By zeilend in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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zeilend Rookie

zeilend   1

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

So we aren't at the AOS process quite yet (fiancee moving in early March, current plans to get married on April 1), but we're already coming across worries regarding AP.

 

Her company is withholding her 2016 bonus (a few thousand dollars) unless she returns to Canada for a week in mid-April to help reintegrate a coworker who is on maternity leave. They are being a bit terrible about the situation, but the bonus will be key for us to have while she's unable to work here, due to the various expenses that we're incurring throughout this process.

 

1. Does that constitute "financial loss"?

2. Is it admissible under the limitations of working in the US while awaiting EAD? (even if it's for prior payment)

3. Even if we can submit AOS papers on April 2, is it even possible to get things expedited that quickly?

 

If anyone can provide any help or insight as to how to approach this situation, it would be hugely appreciated, even if it's just ways to deal with her company. This is weird and kind of stupid, but I figure it's better to ask than to not ask :) 

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted (edited)

It will be best to just wait until she is done with her work in April and come after then. Even the expedite (if approved) will take some time. Also, it is dependent on your timing of events. If you get married April 1st, even if you send the AOS/AP/EAD packet the day after it will take about a week before you get a notice that they received the AOS. AP/EAD takes about 90 days and an expedite will also take a couple of weeks.  

 

Look at my timeline. My wife filed for AOS/EAD/AP in March and did not get her EAD/AP until end of May.

 

Based on your timeline of events it is almost guaranteed that an expedite will not come as fast as you want.

 

Now here comes the issue with asking for expedite with your situation. You will have to prove financial hardship because you fiance must return soon after arriving in the US. If you knew that she had to return for previous commitments why didn't you make arrangements for her to come AFTER her commitment? This is the kind of scrutiny you will get by immigration. It is like you kind of put yourself in that bind.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
21 minutes ago, zeilend said:

So we aren't at the AOS process quite yet (fiancee moving in early March, current plans to get married on April 1), but we're already coming across worries regarding AP.

 

Her company is withholding her 2016 bonus (a few thousand dollars) unless she returns to Canada for a week in mid-April to help reintegrate a coworker who is on maternity leave. They are being a bit terrible about the situation, but the bonus will be key for us to have while she's unable to work here, due to the various expenses that we're incurring throughout this process.

 

1. Does that constitute "financial loss"? If you can show well documented evidence of this, yes but it is still up to their discretion

2. Is it admissible under the limitations of working in the US while awaiting EAD? (even if it's for prior payment) It is not on US soil and she is not yet a resident, no

3. Even if we can submit AOS papers on April 2, is it even possible to get things expedited that quickly? AP can be given within a few days. Mostly ppl who get it that fast have emergency medical situations or a death in family or similar.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

 

If anyone can provide any help or insight as to how to approach this situation, it would be hugely appreciated, even if it's just ways to deal with her company. This is weird and kind of stupid, but I figure it's better to ask than to not ask :) 

I agree with the poster above since you have absolutely no guarantees.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

I agree, she should not come to the USA until her job is done there. Change the wedding date or lose the bonus.
It it would not qualify for an infopass travel emergency pass because she is not supposed to be working without her EAD anyway.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
5 minutes ago, Ebunoluwa said:

I agree, she should not come to the USA until her job is done there. Change the wedding date or lose the bonus.
It it would not qualify for an infopass travel emergency pass because she is not supposed to be working without her EAD anyway.

It depends on work in your home country.  It's a grey area.  Many Canadians do satellite work as long as it goes into a Canadian account and there's no American office.

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