This is too much

[GordonFreeman 0]

We're the same who asked about AOS request for additional evidence here: ( http://www.visajourney.com/forums/index.ph...p;#entry3325448 )

We're still gathering the tax papers from our joint sponsor, to send it out ASAP to the USCIS.

I did the biometrics, but they sent us an RFE without even processing the form to get a temporary job.

I'm married now, I'm the man in the family, and my wife is the only one working... a minimum wage job. I can't legally get a job, apparently.

I do have a SSN, but it says "valid only with DHS authorization", and I only used it to work on campus, while an international student.

They can't possibly make us wait more! It's been 7 months almost, and I CAN'T GET A JOB! This is insane - some illegals got married for the visa, and they started working a couple weeks after!

We're 100% legal and I've been waiting several months without being able to work!!! It's IMPOSSIBLE for a family to survive like this! We're going to be homeless!

What can I possibly say to the USCIS on monday, if I call them to the NCSC number?

PLEASE someone help me out! What are my options? I NEED TO WORK, families are struggling in California with twice the opportunities we get. This HAS to be a violation of human rights! How is this LEGAL for them to do this to a legal immigrant??? 7 months and COUNTING, without a chance to get a job legally???

I passed the K1 and had to come here, but I could have work in Europe!

What are the chances that I'd be caught if I got an under the table job? They can't blame me!!! We need to live

[GordonFreeman 0]

Sorry that I'm so nervous. We petitioned for AOS, and I'm not even asking for the green card at this point. Just for the temporary work permit!!! That's all I need now, and they haven't even processed THAT... I can't possibly imagine anyone in this situation not getting mad and desperate, so you have to forgive me.

I have a resume, I have recommendation letters, I've worked with the hollywood film and music industry before. Disney, Dreamworks - I've scored for FILM while I was a student! I'm an entertainment professional - but I'll work at TACO BELL if I have to! All I want is a chance to support me and my wife in a decent way

Edited October 17, 2009 by GordonFreeman

[Kathryn41 3,205]

When you call the 1-800 number you are not speaking to an immigration officer, you are speaking to a call center person reading answers off of a scripted list. You may be able to get them to escalate the call to a real immigration officer by asking them a question they don't have on their script, but sometimes you just have to really push to get to speak to someone higher up. If that doesn't provide you with any satisfaction you could make an infopass appointment at your local USCIS office. You can do that by going to the USCIS website at http://www.uscis.gov, then on the lower left hand side under "Other Options" you can select 'Schedule an appointment/infopass' and follow the directions. If that doesn't give you an answer, then you can also contact your Senator or local Representative's office - they have staff people who deal with immigration issues and they may be able to help you out.

You mention that you received an RFE. That could be the cause of the delay - generally processing is put on hold until they receive the results back from the RFE. Have you sent back the information requested by the RFE? Once they receive it they will resume processing on your application.

You really should have received an EAD within 90 days of filing though, so you can try to push through on that information and request a temporary EAD to hold you through until you 1 year one arrives. It is worth looking into. Good luck.

[Old Dominion 26]

A difficult situation, but there's no quick way out of it.

Whether or not USCIS made some mistake along the way, you must provide exactly the information they want. I can't believe it has taken three weeks to get the joint sponsor's stuff together.

On Monday you should try to schedule an InfoPass at the nearest USCIS office so you can sit down with someone and get the answers to your questions. That is the good advice you received several weeks ago. Trying to deal on the phone with USCIS is not going to be productive.

In addition, there is no benefit at all if you get into insulting the USCIS staff or ranting about the U.S. Keep the theatrics at home, and when you start work, use your talents there.

Don't even THINK of working illegally. Have you used up your own cash in the bank and other assets in the last few weeks? All the more reason to GO to a USCIS office to talk with someone in person.

[Gary and Alla 3,694]

We're the same who asked about AOS request for additional evidence here: ( http://www.visajourney.com/forums/index.ph...p;#entry3325448 )

We're still gathering the tax papers from our joint sponsor, to send it out ASAP to the USCIS.

I did the biometrics, but they sent us an RFE without even processing the form to get a temporary job.

I'm married now, I'm the man in the family, and my wife is the only one working... a minimum wage job. I can't legally get a job, apparently.

I do have a SSN, but it says "valid only with DHS authorization", and I only used it to work on campus, while an international student.

They can't possibly make us wait more! It's been 7 months almost, and I CAN'T GET A JOB! This is insane - some illegals got married for the visa, and they started working a couple weeks after!

We're 100% legal and I've been waiting several months without being able to work!!! It's IMPOSSIBLE for a family to survive like this! We're going to be homeless!

What can I possibly say to the USCIS on monday, if I call them to the NCSC number?

PLEASE someone help me out! What are my options? I NEED TO WORK, families are struggling in California with twice the opportunities we get. This HAS to be a violation of human rights! How is this LEGAL for them to do this to a legal immigrant??? 7 months and COUNTING, without a chance to get a job legally???

I passed the K1 and had to come here, but I could have work in Europe!

What are the chances that I'd be caught if I got an under the table job? They can't blame me!!! We need to live

Obviously the K-1 was not the best choice for you. You should have gone the CR-1 route and been able to work immediately. Your fiancee and/or co-sponsor have, at this point, presented TWO affidavists of support specifically stating they CAN support you indefinitely. It would not be wise to tell USCIS that is not true.

You are not a "legal immigrant" yet. You are not even an immigrant, your visa is specifically a NON-immigrant visa and you are applying to become an immigrant. The CR-1 IS an immigrant visa and as such you would be given a green card upon arrival. Why did you CHOOSE the K-1 knowing there was this work restriction when you arrived?

I am not sure of the chances of you getting caught, yes they CAN blame you, and yes it CAN have severe consequences.

[GordonFreeman 0]

Obviously the K-1 was not the best choice for you. You should have gone the CR-1 route and been able to work immediately. Your fiancee and/or co-sponsor have, at this point, presented TWO affidavists of support specifically stating they CAN support you indefinitely. It would not be wise to tell USCIS that is not true.

You are not a "legal immigrant" yet. You are not even an immigrant, your visa is specifically a NON-immigrant visa and you are applying to become an immigrant. The CR-1 IS an immigrant visa and as such you would be given a green card upon arrival. Why did you CHOOSE the K-1 knowing there was this work restriction when you arrived?

I am not sure of the chances of you getting caught, yes they CAN blame you, and yes it CAN have severe consequences.

We didn't go any other route, because my wife (American) didn't want to. Technically, it's all her mom's fault, because she basically stopped us from getting married in cali right when I stopped my F1, and I was forced to go back to Europe still unmarried. etc etc

We can dwell on the past once again, but it's not an option now. I need to live and work. You know this well - with this immigration #######, we can't look back. What's done is done.

Yeah, I have sponsors (and I've been waiting on my joint sponsors papers now, to send them ASAP) but come on - we all here know that this sponsor thing is BS! No 26-year old grown man like me is supposed to rely on "sponsors" to live his life in a dignifying way, especially AFTER getting married. It's not like I'm trying to make ends meet with my girlfriend - WE'RE MARRIED NOW!!

The complete acceptance that I see in this forum, I can understand - but come on guys, my situation is JUST ridiculous! No human being is supposed to live like this! Can't I make a complain of violation of human rights to some organization? Even a bum living in his van has MORE opportunities to make a life than I do, right now! At least a bum can LEGALLY WORK! Or get food stamps and welfare. I can't have ANY of that and I'm frozen in this situation!! I have been, for months now! And I made some money with freelance work to Europe, in the mean time. That's the only thing I can do, legally - but it's not easy to come by! I can't even travel at this point

Edited October 17, 2009 by GordonFreeman

[Kathryn41 3,205]

I know it is tough waiting. Unfortunately, unless that bum was a US citizen or green card holder he wouldn't be allowed to work or apply for means tested benefits either. You are basically in a no man's land until you receive the proper documentation. The reason they ask for sponsorship is to ensure that tax payers do not end up supporting you when you have not contributed to the tax base. Having a sponsor ensures that the sponsor will reimburse the tax base if you do get such benefits. While your work ethic is such that you do not find it acceptable to depend upon someone else like this, there are, unfortunately, a lot of people who do so this was set in place for the benefit of the American taxpayer and not the immigrant. As you are finding out, the US is not immigrant friendly.

Good luck on getting the RFE returned quickly and do consider making an infopass appointment to see if you can get the EAD moved along more quickly. 7 months is indeed too long to wait and I fully appreciate your frustration.

[Old Dominion 26]

Good luck! I hope you follow the good advice given here already. Seven months is a long time. When did you apply for the EAD and AOS? By law, assuming everything is in order, the EAD must be issued within 90 days of the date they got your application. That's why you need to go visit a USCIS office in person, with an InfoPass. Meanwhile, as a free-lancer, you can continue to pick up a few bucks here and there so long as you are not "employed."

[GordonFreeman 0]

Good luck! I hope you follow the good advice given here already. Seven months is a long time. When did you apply for the EAD and AOS? By law, assuming everything is in order, the EAD must be issued within 90 days of the date they got your application. That's why you need to go visit a USCIS office in person, with an InfoPass. Meanwhile, as a free-lancer, you can continue to pick up a few bucks here and there so long as you are not "employed."

I can't freelance overseas on a daily basis. it's a 1 gig a year that only pays for a couple months of rent, each.

The AOS was sent about a month after we got married, so about 5/6 months ago... About a month ago we got the RFE and we're still gathering all the documents to send back to them - with no guarantee that this is exactly what they asked for, and that the RFE will not be sent back again, asking different things and delaying things another month or 2. I am absolutely sure this is a violation of human rights.

The American taxpayer is not protected, so if that's their argument, it's ridiculous. Wanna protect the American taxpayer? LET ME GET A JOB!!! I will support the economy and the country by being productive. Yeah, as a composer or producer, I will take a job position that would have been used by a Japanese kid or something. Big deal. THAT's gonna set back American entertainment professionals... /s

The sponsor wasn't even APPROVED yet! We're getting a joint sponsor still, after they took about 4 months to even reply with an RFE. So how does it protect the taxpayer? While they're denying sponsors, I'm living here with 0 opportunities! And then if I need help later (wouldn't be surprising, considering how they are pushing us down now - me and my American wife), they wanna call my sponsor and complain? This is ridiculous!! What about my American wife's rights to have a husband that can bring food to the table?... Those are not important?

[Darnell 8,478]

By any chance, have you moved since sending off the RFE evidence?

USPS will not forward any postal mail from DOS/USCIS/ICE - there's always a notice on the front of the envelope 'DO NOT FORWARD'.

I suggest setting up an infopass appointment (today) for sometime in the upcoming week.

Ask them where the casefile is (at the appointment ) . You may not get an answer, though.

[belinda63 2,981]

Make an infopass appointment. Find out, if possible, why you have not received the EAD. I believe it specifically states that if you have NOT received your EAD within 75 days of filing to contact USCIS. I say an infopass appt because the ppl at the phone liine are just contractors who follow a script and they know nothing of the immigration process.

While I understand your frustration, my husband felt the same way, coming to the US, living in the US, working in the US is not a right of every human being. Everyone has to wait their turn in line, we waited nine months to receive an RFE that his medical was expired, which it was after the nine month wait. Were we happy we had to pay for another medical because USCIS took nine months to process his AOS? No. Could we do anything about it? NO.

I suggest the infopass appointment and submitting the response to the RFE as soon as possible, you state you have been working on it for a period of time, you might want to look at the date to see when you must respond by. Failure to respond by the given date is an automatic denial of AOS.

[anitacastillo 0]

If the stress is too much - and it sounds like it is. You could return home, work there, and apply for a K-3 or CR-1. Better than being homeless.

Maybe a short term loan from your mother-in-law is in order???

It is not a human right to be able to legally work in the US. And it sounds like your spouse was not prepared to support you --- which is her responsibility until you have the EAD.

[GordonFreeman 0]

By any chance, have you moved since sending off the RFE evidence?

USPS will not forward any postal mail from DOS/USCIS/ICE - there's always a notice on the front of the envelope 'DO NOT FORWARD'.

I suggest setting up an infopass appointment (today) for sometime in the upcoming week.

Ask them where the casefile is (at the appointment ) . You may not get an answer, though.

I sent the package for AOS months ago, then they sent me the RFE 3 or 4 months later, and now I'm working on sending the evidence they requested. I haven't sent it yet!...

Make an infopass appointment. Find out, if possible, why you have not received the EAD. I believe it specifically states that if you have NOT received your EAD within 75 days of filing to contact USCIS. I say an infopass appt because the ppl at the phone liine are just contractors who follow a script and they know nothing of the immigration process.

While I understand your frustration, my husband felt the same way, coming to the US, living in the US, working in the US is not a right of every human being. Everyone has to wait their turn in line, we waited nine months to receive an RFE that his medical was expired, which it was after the nine month wait. Were we happy we had to pay for another medical because USCIS took nine months to process his AOS? No. Could we do anything about it? NO.

I suggest the infopass appointment and submitting the response to the RFE as soon as possible, you state you have been working on it for a period of time, you might want to look at the date to see when you must respond by. Failure to respond by the given date is an automatic denial of AOS.

What is an EAD?...

If the stress is too much - and it sounds like it is. You could return home, work there, and apply for a K-3 or CR-1. Better than being homeless.

Maybe a short term loan from your mother-in-law is in order???

It is not a human right to be able to legally work in the US. And it sounds like your spouse was not prepared to support you --- which is her responsibility until you have the EAD.

I'm not homeless. I'm just worried about my life and money, contrary to the people who probably have less money than me, but have an iPhone and drive a new Lexus. I don't consider being in debt acceptable, like apparently most people in America.

Yeah, it's also "not a human right" to get basic healthcare in America either. But it should.

I'm not saying EVERYONE should be able to legally work. It should be a human right for ME, because I'm supporting an American citizen - I'm her HUSBAND.

So in this country, marriage is too "sacred" to allow gays to get married, but suddenly it's not sacred enough to stop them from screwing up an American citizen's life, just because they married someone who's not a citizen?

Don't talk to me like you're better than me, or like I'm demanding too much. All I'm asking is to be treated with the minimum respect and dignity that I deserve as a human being. Apparently, that's asking too much to the US immigration.

It's HER responsibility to support ME? I don't know what laws you've been reading and I don't care. The irony of all this is that you're probably even more broke than me... And you're making judgments about who I married with, or who should be supporting me? How dare you! You need a lot of nerve

I love this forum and most people here are amazing, but once in a while I see a douche bag who thinks just because they already went through it, they have now the right to consider themselves anti-immigration, law-abiding Americans.

Cut the ####### You're not better than me.

Edited October 18, 2009 by GordonFreeman

[Kathryn41 3,205]

I sent the package for AOS months ago, then they sent me the RFE 3 or 4 months later, and now I'm working on sending the evidence they requested. I haven't sent it yet!...

Make an infopass appointment. Find out, if possible, why you have not received the EAD. I believe it specifically states that if you have NOT received your EAD within 75 days of filing to contact USCIS. I say an infopass appt because the ppl at the phone liine are just contractors who follow a script and they know nothing of the immigration process.

.

What is an EAD?...

An EAD is "Employment Authorization Document" - your work permit that you filed for at the same time as the AOS using form I-765. It is permission to work while you are waiting for your AOS (I-485) to be approved. It generally takes about 90 days to be approved so if you applied 7 months ago, you should have received the EAD before you received the RFE for the AOS. Did you include an I-765 application form in with the AOS? It is all covered by one fee but is a totally separate form with separate attachments.

You also mentioned that you can't travel. Did you include an I-131 form with your AOS? That is for a travel permit that allows you to leave the US and return while you are waiting for the green card. It is called 'Advance Parole" and also takes about 90 days to process.

These documents are used to allow the applicant to work and travel while waiting for a green card since AOS can sometimes take a while - for instance, mine took 22 months to be approved without an RFE. Hopefully, once they receive the information requested in the RFE they will approve your green card quickly and the EAD and AP will become unnecessary.

Edited October 18, 2009 by Kathryn41

[rebeccajo 14]

He's not getting his EAD because he hasn't responded to the RFE. Processing of interim benefits is suspended until the RFE is answered.