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miranda

advice please!

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Hi, my fiance arrived in america about 4 weeks ago and we've now been married almost 2 weeks.

We haven't yet filed for an AOS or an EAD. I've just read that they can both be applied for at the same time but I'm not sure if this will affect how long the EAD will take to process. I was told it will take up to 90days for the EAD but approx 2years for the AOS...if I file them together will the EAD still take the shorter amount of time or will it come through at the same time as the AOS?? We really cant afford for him to be out of work for 2years(90 days is bad enough!).

I'm really just looking for some advice so anything you could offer would be appreciated.


December 12 2005 ~ sent I129F packet to

December 14 2005 ~ Packet Recieved by

December 20 2005 ~ NOA 1

December 29 2005 ~ Touched

March 9 2006 ~ NOA2

April 5 2006 ~ Packet 3 arrives

April 11 2006 ~ Packet 3 returned to London Embassy

June 12 2006 ~ Interview Date (APPROVED!)

June 26 2006 ~ Entered the U.S. under K-1 Visa

July 06 2006 ~ JOP marriage

September 12 2006~ I-485 Received by INS

September 18 2006~ NOA recieved

September 30 2006~ Married

October 3 2006 ~ Biometrics Appointment (Fingerprinted)

November 16, 2006~ RFE reply received ...didn't even know we had an RFE (INS stated that the RFE was

probably sent to the DR. that did our biometrics)

January 17, 2007 ~ CSC is now processing cases received September 25 (11 days after ours was received) :(

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Hi, my fiance arrived in america about 4 weeks ago and we've now been married almost 2 weeks.

We haven't yet filed for an AOS or an EAD. I've just read that they can both be applied for at the same time but I'm not sure if this will affect how long the EAD will take to process. I was told it will take up to 90days for the EAD but approx 2years for the AOS...if I file them together will the EAD still take the shorter amount of time or will it come through at the same time as the AOS?? We really cant afford for him to be out of work for 2years(90 days is bad enough!).

I'm really just looking for some advice so anything you could offer would be appreciated.

Yes you can file AOS & EAD at the same time. EAD could take up to 90 days. If your office is in atlanta it could take little longer than in any other local office,I don't know why it takes that long for them to process AOS. (who knows you might get transfer to CSC?) Good luck!

Edited by JRluvsLhyn

11-1999---Meet in Taiwan

08-2002---Wedding in Philippines

10-2003---Enter U.S.A.

07-2006---10 yrs Green Card

11-2010---Proud to be U.S. Citizen :joy:

12 Yrs Married and counting (L) (L) (L)

IR5 (Mother)

01-16-2014---I130 Sent

01-21-2014---NOA1 Recv

02-22-2014---RFE Recv

02-27-2014---RFE Docs Sent

03-14-2014---I130 Approved

03-20-2013---Case Shipped to NVC

03-21-2014---NOA2 Approval Recv

04-01-2014---NVC Recv Approved Papers

04-30-2014---Sent email request to NVC for expedited process

04-30-2014---Case # and Invoice ID # assigned

05-02-2014---Recv NVC email asking for foreign contact # to complete expedited request

05-05-2014---DS 261 available and completed

05-07-2014---AOS show up payable and paid

05-09-2014---AOS Paid (shows processed 5/08/2014)

05-09-2014---Case Sent To US Embassy, Manila

05-11-2014---DS-260 Completed Online

05-12-2014---Case is READY!

06-25-2014---Medical Exam done in one day but ask to come back for Sputum test

07-07-2014---Interview Schedule @ 6:30AM Cancelled due to sputum test

07-08-2014---to 7-10-2014 (3 days Sputum Test) Negative result

09-09-2014---Sputum Final Result: (PASSED!!! 9-08-14 )

09-16-2014---Interview (221(g) for NBI a.k.a. name, I864 Orig. Signature & NSO verification)

09-25-2014---Documents sent via 2go

09-29-2014---221g documents delivered. & signed by L. Bernardino

09-30-2014---and 10-01-2014,Touched but still on AP

10-07-2014---Email sent to USEM

10-15-2014---Called USEM

10-16-2014---Sent Fax to USEM of approved expedited letter from U.S. Embassy General

10-21-2014---Touched but still on AP

10-22-2014---Visa Issued :joy:

"It's good to have money and the things that money can buy, but it's good to check up once in a while to make sure you haven't lost the things that money can't buy."

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You can apply for both your AOS and EAD at the same time. Your EAD should be approved in about 90 days and your AOS sometime after that. All because you submit the AOS/EAD together doesn't mean the EAD will have to wait for the AOS to be approved .


K-1 Journey*

Nov 2004 Met in Recife

02-01-06 I-129F Sent to VSC

04-26-06 Interview APPROVED!!!!!!!

05-18-06 Eliana arrived in New York

07-22-06 Married in Las Vegas!!!!!

AOS/AP Journey*

07-25-06 I-485 and I-131 Sent to Chicago

08-18-06 Biometrics Appointment (Completed)

10-06-06 AP Approved

10-11-06 AOS Approved (without interview)

10-20-06 Green Card Received!! Done until July 2008

01-27-07 Second Wedding (in Brazil)

I-751 Journey*

07-09-08 I-751 Sent to VSC

09-16-08 Biometrics Appointment (Completed)

02-25-09 Transferred to CSC

03-20-09 Approved (without interview)

03-27-09 Emily is born!!!

04-07-09 Green Card Received!!

11-18-11 Lucas is born!!!

N-400 Journey*

12-15-11 N-400 Sent to Texas

02-09-12 Biometrics Appointmnet (Completed)

03-21-12 Interview (Approved)

03-21-12 Oath Ceremony

PROCESS IS DONE!!!!!!

*See Profile for detailed list of all dates

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All because you submit the AOS/EAD together doesn't mean the EAD will have to wait for the AOS to be approved .

Cooooooooooorecct. :)


AOS married to USC Filed to Chicago lockbox 130 131 765 485 4/10

Day 01-RD 4/25 - ND 4/25

Day 08-FP Notice 5/03

Day 15-FP BIO3 5/06

Day 23-LUD 130,131,765,485-5/18

Day 29-LUD 130,131,765,485-5/24

Day 36-RFE for i-485 5/31

Day 43-Mailed RFE 6/7

Day 54 6/18 Email from USCIS RFE RD 6/16

Day 55 LUD 485 6/19

Day 57 LUD 485 6/21

Day 76 LUD 131, 765 7/10

Day 77 EAD approved email 7/11

Day 81 EAD CARD REC'd !! 7/15

Applied for Social Security 7/21/06 - Re'd 8/25/06

Day 91 LUD 485 130 765 131 7/25/06

Day 93 LUD 485 130 765 131 7/27/06

Infopass appointment made 7/27, earliest date 8.10 @ 1PM

Infopass found that NBC lost our 131 photos, it was approved on 7/10!

They are using 485 photos to process the 131 and should have sent it

out to us on 8/11 --- RECEIVED AP 8/18 !! whoohoo

Appointment notice rec'd 7/28, GC interview 9/19 @ 1PM

APPROVED, given a 1 year stamp - told the card would be mailed right away :)

Rec'd 2yr conditional GC 10 days after interview :)

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Ok guys, thanks for the advice...but now I've got more questions!

Filling out the form I-765 we see that you need to put yourself into an "eligibility Categorie". We thought that we would fall under (a)(6) - "K-1 Nonimmigrant Fiance(e) of U.S. Citizen" - but it also says that - "Any EAD application other than for a replacement must be based on your pending application for adjustment under ©(9)".

Our situation is that we ARE married but have NOT yet applied for an AOS(we're applying for both AOS and EAD together) so what category do we currently fall into. I'm still thinking it's (a)(6) but I just want to make sure - we've come so far it'd be more than I could take to mess somthing up now!


December 12 2005 ~ sent I129F packet to

December 14 2005 ~ Packet Recieved by

December 20 2005 ~ NOA 1

December 29 2005 ~ Touched

March 9 2006 ~ NOA2

April 5 2006 ~ Packet 3 arrives

April 11 2006 ~ Packet 3 returned to London Embassy

June 12 2006 ~ Interview Date (APPROVED!)

June 26 2006 ~ Entered the U.S. under K-1 Visa

July 06 2006 ~ JOP marriage

September 12 2006~ I-485 Received by INS

September 18 2006~ NOA recieved

September 30 2006~ Married

October 3 2006 ~ Biometrics Appointment (Fingerprinted)

November 16, 2006~ RFE reply received ...didn't even know we had an RFE (INS stated that the RFE was

probably sent to the DR. that did our biometrics)

January 17, 2007 ~ CSC is now processing cases received September 25 (11 days after ours was received) :(

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