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Filed: AOS (apr) Country: England
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Can these AOS hold ups affect your entitlement to work? Someone mentioned jobs which require US citizenship but is there also a possibility after K1 that your EAD can be withheld for such unreasonable lengths of time that you are unable to secure any work? I'm not even K1 approved yet but it is useful to stay informed on possible problems.

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Filed: K-1 Visa Country: India
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I too am waiting for my wife's green card. We filed back in March of '07. I made an infopass appointment on December 28th and true enough on the INS computer screen it said pending FBI background check. The lady was nice enough to show it to us. She said that we are just going to have to wait it out. Sigh. She also said be prepared to apply for advance parole if travelling abroad and renewing the ead if it is expiring.

Here's a question. Does anybody what is the date you are accorded conditional residence status ? Is it the date it was filed or the date it was approved. I asked since applying for the I-751 lifting of conditions stipulates this "you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires". If it is the latter, then it is really going to suck :help:

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Filed: Other Timeline
I too am waiting for my wife's green card. We filed back in March of '07. I made an infopass appointment on December 28th and true enough on the INS computer screen it said pending FBI background check. The lady was nice enough to show it to us. She said that we are just going to have to wait it out. Sigh. She also said be prepared to apply for advance parole if travelling abroad and renewing the ead if it is expiring.

Here's a question. Does anybody what is the date you are accorded conditional residence status ? Is it the date it was filed or the date it was approved. I asked since applying for the I-751 lifting of conditions stipulates this "you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires". If it is the latter, then it is really going to suck :help:

It's the latter. Sorry.

Can these AOS hold ups affect your entitlement to work? Someone mentioned jobs which require US citizenship but is there also a possibility after K1 that your EAD can be withheld for such unreasonable lengths of time that you are unable to secure any work? I'm not even K1 approved yet but it is useful to stay informed on possible problems.

I want Lal to answer this 'cause - her hubby is on his THIRD EAD.

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Filed: AOS (apr) Country: England
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Can these AOS hold ups affect your entitlement to work? Someone mentioned jobs which require US citizenship but is there also a possibility after K1 that your EAD can be withheld for such unreasonable lengths of time that you are unable to secure any work? I'm not even K1 approved yet but it is useful to stay informed on possible problems.

I want Lal to answer this 'cause - her hubby is on his THIRD EAD.

Three EAD's would presumably mean the same issues with securing a long-term job that obtaining a temp EAD at the POE would. I would be interested to hear what issues this has caused Lal's husband if she wouldn't mind sharing.

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CKS, if your application is held up long enough, you won't have to apply to remove conditions. This is yet another silly side effect of the hold-ups. Our application has been pending for two years now. Our second anniversary was last month, so when my husband's green card is finally issued, it should be a 10-year card. It gets tricky--and I think this is what you're concerned about--if the application is held up for a while but not quite two years. For example, let's say that my husband's green card was finally issued November 30, 2007. Because we we were a few days shy of two years, he'd have to apply to remove conditions 21 months later, at which point we'd have been married for nearly four years. In the namecheck thread, a few of us posted when we'd passed the two-year anniversary mark (for marriage, that is), celebrating that at least we'd be able to skip the removal of conditions step.

I'd say a major drag--aside from the obvious pisser of the general anxiety and having to fork over hundreds of dollars to renew interim benefits--is that the time spent in name check delay doesn't count toward the residency required for citizenship. If my husband had received his green card shortly after the interview, we'd be thinking about applying for naturalization next year. As it is, it will be at least three years from when he finally receives the card, which hasn't happened yet. Now, that sucks.

My husband's third EAD is currently in process.

Babblesgirl, the regular EAD isn't as complicated as the temporary EAD. Regular EADs are good for a year. You just have to be careful to reapply 90 days before the previous one expires to ensure that there isn't a gap in employment authorization. I don't think there's a sure way to avoid a gap w/ the temp EAD.

K-1

March 7, 2005: I-129F NOA1

September 20, 2005: K-1 Interview in London. Visa received shortly thereafter.

AOS

December 30, 2005: I-485 received by USCIS

May 5, 2006: Interview at Phoenix district office. Approval pending FBI background check clearance. AOS finally approved almost two years later: February 14, 2008.

Received 10-year green card February 28, 2008

Your Humble Advice Columnist, Joyce

Come check out the most happenin' thread on VJ: Dear Joyce

Click here to see me visiting with my homebodies.

[The grooviest signature you've ever seen is under construction!]

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Filed: AOS (apr) Country: England
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I'd say a major drag--aside from the obvious pisser of the general anxiety and having to fork over hundreds of dollars to renew interim benefits--is that the time spent in name check delay doesn't count toward the residency required for citizenship. If my husband had received his green card shortly after the interview, we'd be thinking about applying for naturalization next year. As it is, it will be at least three years from when he finally receives the card, which hasn't happened yet. Now, that sucks.

My husband's third EAD is currently in process.

Babblesgirl, the regular EAD isn't as complicated as the temporary EAD. Regular EADs are good for a year. You just have to be careful to reapply 90 days before the previous one expires to ensure that there isn't a gap in employment authorization. I don't think there's a sure way to avoid a gap w/ the temp EAD.

Thanks, very informative post. You answered exactly what I was going to ask next - cost of renewal. I wish you luck in getting out of AOS despair. Will you be changing it to AOS delight when you do? :P

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Can these AOS hold ups affect your entitlement to work? Someone mentioned jobs which require US citizenship but is there also a possibility after K1 that your EAD can be withheld for such unreasonable lengths of time that you are unable to secure any work? I'm not even K1 approved yet but it is useful to stay informed on possible problems.

I want Lal to answer this 'cause - her hubby is on his THIRD EAD.

Three EAD's would presumably mean the same issues with securing a long-term job that obtaining a temp EAD at the POE would. I would be interested to hear what issues this has caused Lal's husband if she wouldn't mind sharing.

My husband is an engineer and they are pretty well used to seeing people "other than" citizens. They are accustomed to seeing immigration documents. I would say the only issues other than the big holes burning in our pockets are the positions that he was not eligible for due to requirements of security clearance & citizenship (as already stated).

Maintaining the authorization really takes nothing other than diligence to apply prior enough to expiration of the previous document. It might be important to note - in rare occasions - the EAD *is* held up for security clearances as in zsam's case. Luckily somehow they have been cleared to work, and now are still awaiting some news on AOS.

Also - Becca is right about the no-fly list. Its an annoying hangnail of his name. Many people are actually on it and does not exclude USC's.

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Filed: AOS (apr) Country: England
Timeline
Can these AOS hold ups affect your entitlement to work? Someone mentioned jobs which require US citizenship but is there also a possibility after K1 that your EAD can be withheld for such unreasonable lengths of time that you are unable to secure any work? I'm not even K1 approved yet but it is useful to stay informed on possible problems.

I want Lal to answer this 'cause - her hubby is on his THIRD EAD.

Three EAD's would presumably mean the same issues with securing a long-term job that obtaining a temp EAD at the POE would. I would be interested to hear what issues this has caused Lal's husband if she wouldn't mind sharing.

My husband is an engineer and they are pretty well used to seeing people "other than" citizens. They are accustomed to seeing immigration documents. I would say the only issues other than the big holes burning in our pockets are the positions that he was not eligible for due to requirements of security clearance & citizenship (as already stated).

Maintaining the authorization really takes nothing other than diligence to apply prior enough to expiration of the previous document. It might be important to note - in rare occasions - the EAD *is* held up for security clearances as in zsam's case. Luckily somehow they have been cleared to work, and now are still awaiting some news on AOS.

Also - Becca is right about the no-fly list. Its an annoying hangnail of his name. Many people are actually on it and does not exclude USC's.

Thanks Lal. I think many of us are unaware of the issues facing people after arrival in the US. Someone already noted here that you never imagine anything but plain-sailing after the initial application stage is overcome. Reading this thread has been an eye-opener. Hope your husband gets his green card very soon. Good luck!

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Filed: Other Timeline

I'd like to expound on the EAD thing - and this might have just been a problem for us because of where we live (not a very sophistacated state).

My husband had found a job with his EAD, but he wasn't having a lot of luck finding a better one. He had a job interview just after he got his greencard and - voila! - he got the job.

Now it could have just been luck, but I don't think so. I know that employers are supposed to know how to determine if someone is legally work authorized. And I know they aren't supposed to discriminate. But if all you have to produce is a card with a one-year expiration date - well I'm not sure that really cuts the mustard in the eyes of people who have culturally only ever really heard of one immigration document - the 'greencard'. A greencard not only looks like 'legal' but it looks like 'permanent' - like a commitment to living and working in the US and the area you live in. Something employers want.

Make sense?

PS - We are one of the couples who got stuck in namecheck, but not stuck long enough. The card came 6 months before our second wedding anniversary (we filed immediately after we married). We will have to lift conditions.

Edited by rebeccajo
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Filed: AOS (apr) Country: England
Timeline
I'd like to expound on the EAD thing - and this might have just been a problem for us because of where we live (not a very sophistacated state).

My husband had found a job with his EAD, but he wasn't having a lot of luck finding a better one. He had a job interview just after he got his greencard and - voila! - he got the job.

Now it could have just been luck, but I don't think so. I know that employers are supposed to know how to determine if someone is legally work authorized. And I know they aren't supposed to discriminate. But if all you have to produce is a card with a one-year expiration date - well I'm not sure that really cuts the mustard in the eyes of people who have culturally only ever really heard of one immigration document - the 'greencard'. A greencard not only looks like 'legal' but it looks like 'permanent' - like a commitment to living and working in the US and the area you live in. Something employers want.

Make sense?

PS - We are one of the couples who got stuck in namecheck, but not stuck long enough. The card came 6 months before our second wedding anniversary (we filed immediately after we married). We will have to lift conditions.

Yep, sounds like a likely assessment of a general attitude towards immigrants. I suppose employers may also be concerned that renewal of the EAD may not be guaranteed. Just as we look for long-term job security many employers will want to ensure they are investing in a long-term employee. The work thing is one that concerns me greatly. I am trying now, whilst still in the UK, to build up some funds to back me up should there be a delay in obtaining suitable employment.

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Filed: AOS (pnd) Country: Canada
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Man Its good the read this thread. At least I am not the only one. It's been well over 1200 days for us. I was denied my dream job also due to not being a permanent resident. It just sucks. I'm Canadian born, my wife American. I think we're on our 4th EAD now. Not really a big deal. I just get a little nervous around renewal time sine I am the breadwinner of our family. We just had a baby girl and my wife is now a full time mommy!!

Hubby - Canada Wife- USA

Came to USA on an F1 Visa

Met my wife to be August 2001 at college in Nebraska

May 29,2004 - Married!!!!!

July 1, 2004 - Filed AOS, AP, I-130 and Ead in person-Houston

July 12, 2004 - Notice date

July 29, 2004 - Bios

Nov 10, 2004 - I-485 touched

Nov 17, 2004 - I-131 approved

Nov 24, 2004 - I-765 approved

Apr 25, 2005 - status inquiry since AOS is 90 days overdue

May 2, 2005 - status inquiry letter to Houston office

May 19, 2005 - had a meeting with the ICE ( they said they didnt know I filed for AOS???)

July 7, 2005 - sent a letter to Senator, Missouri Cis, CIS Ombudsman

July 27, 2005 - letter from Ombudsman - they will start an inquiry into my case.

Sept 14, 2005 - receieved a letter from USCIS Houston that I need to contact Missouri ( from status inquiry)

Oct 6, 2005 - fingerprinting- EAD

Nov 15, 2005 - Received letter from CIS Ombudsman-I need to contact the Houston USCIS

Nov 17, 2005 - Received AP and Ead in mail

Dec 28, 2005 - fingerprinting- AOS

Feb 9, 2006 - Aos interiew- still waiting for background check

Nov 3, 2006 - Second AOS interview, still waiting for background check

Nov 3, 2006 - I-130 approved

Dec 2, 2007 - Fingerprinted again..third time for AOS

Feb 14, 2008 - Received email case approved

Feb 26, 2008 - received Green Card

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Filed: Other Timeline
Man Its good the read this thread. At least I am not the only one. It's been well over 1200 days for us. I was denied my dream job also due to not being a permanent resident. It just sucks. I'm Canadian born, my wife American. I think we're on our 4th EAD now. Not really a big deal. I just get a little nervous around renewal time sine I am the breadwinner of our family. We just had a baby girl and my wife is now a full time mommy!!

((((hugs)))) for huskerfan

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Man Its good the read this thread. At least I am not the only one. It's been well over 1200 days for us. I was denied my dream job also due to not being a permanent resident. It just sucks. I'm Canadian born, my wife American. I think we're on our 4th EAD now. Not really a big deal. I just get a little nervous around renewal time sine I am the breadwinner of our family. We just had a baby girl and my wife is now a full time mommy!!

You are so not alone - we are pulling for you!!! 2008 for all of us!!!

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We are now at 800 days since filing for AOS. Just wanted to put that out there - it seems many are surprised when they hear of lengthy AOS waits, perhaps because we aren't as vocal about it. There are others much worse off than us, and at least we are together. Just wanted to provide an update - this is not a pity me thread, or where is my greencard thread :) - like I said I just wanted to put it out there, the world does not end if your greencard is not in hand in a quick turnaround.

:star:

I understand what you mean. (F)

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Filed: Country: Germany
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Can these AOS hold ups affect your entitlement to work? Someone mentioned jobs which require US citizenship but is there also a possibility after K1 that your EAD can be withheld for such unreasonable lengths of time that you are unable to secure any work? I'm not even K1 approved yet but it is useful to stay informed on possible problems.

I want Lal to answer this 'cause - her hubby is on his THIRD EAD.

Three EAD's would presumably mean the same issues with securing a long-term job that obtaining a temp EAD at the POE would. I would be interested to hear what issues this has caused Lal's husband if she wouldn't mind sharing.

My husband is an engineer and they are pretty well used to seeing people "other than" citizens. They are accustomed to seeing immigration documents. I would say the only issues other than the big holes burning in our pockets are the positions that he was not eligible for due to requirements of security clearance & citizenship (as already stated).

Maintaining the authorization really takes nothing other than diligence to apply prior enough to expiration of the previous document. It might be important to note - in rare occasions - the EAD *is* held up for security clearances as in zsam's case. Luckily somehow they have been cleared to work, and now are still awaiting some news on AOS.

Also - Becca is right about the no-fly list. Its an annoying hangnail of his name. Many people are actually on it and does not exclude USC's.

Thanks for the info, Becca and LaL. Annoying as this must be, at least it's not ANOTHER downside of being in immigration limbo.

Rooting for all those still waiting!

Conditional Permanent Resident since September 20, 2006

Conditions removed February 23, 2009

I am extraordinarily patient,

provided I get my own way in the end!

Margaret Thatcher

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