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ryna

Proof of work status

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My wife's AOS interview is in two days. Our original plan was for her not to work for her first year here but I lost my job about a week ago. Now, she wants to start looking to help out until I can find something new. (We don't need it as of now, but she'll feel much better if she's helping. And, it would help).

My question is:

If her GC is approved on Wednesday, she would obviously be work-eligible, but what would she use to prove it (if hired) between Wednesday and the arrival of her GC (up to 30 days according to USCIS)? She has her EAD but from what I've seen here on VJ, it's about 50/50 whether the IO takes it upon GC approval which would leave her nothing (in writing). Should we make a photocopy of the EAD to keep at home just in case? No job that she could jump into right now would be willing to wait up to 30 days for her to start. She worked in a professional setting in Colombia but would have to take a retail/service sector job here and they won't wait...

If (and I don't even want to think about this after 8 months of waiting) the GC is not approved on Wednesday due to my recent change in employment status, what happens to her EAD/AP status? Would it be cancelled immediately or would it continue until its expiration date in May 2012? My guess is that it would depend on whether the AOS is denied or put on hold (it really shouldn't be since I have already lined up a joint sponsor but I trust in nothing when it comes to USCIS.)

Mainly, I don't want her out there wasting her time if she won't be able to do anything in the interim.

Edited by ryna

N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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My wife's AOS interview is in two days. Our original plan was for her not to work for her first year here but I lost my job about a week ago. Now, she wants to start looking to help out until I can find something new. (We don't need it as of now, but she'll feel much better if she's helping. And, it would help).

My question is:

If her GC is approved on Wednesday, she would obviously be work-eligible, but what would she use to prove it (if hired) between Wednesday and the arrival of her GC (up to 30 days according to USCIS)? She has her EAD but from what I've seen here on VJ, it's about 50/50 whether the IO takes it upon GC approval which would leave her nothing (in writing). Should we make a photocopy of the EAD to keep at home just in case? No job that she could jump into right now would be willing to wait up to 30 days for her to start. She worked in a professional setting in Colombia but would have to take a retail/service sector job here and they won't wait...

If (and I don't even want to think about this after 8 months of waiting) the GC is not approved on Wednesday due to my recent change in employment status, what happens to her EAD/AP status? Would it be cancelled immediately or would it continue until its expiration date in May 2012? My guess is that it would depend on whether the AOS is denied or put on hold (it really shouldn't be since I have already lined up a joint sponsor but I trust in nothing when it comes to USCIS.)

Mainly, I don't want her out there wasting her time if she won't be able to do anything in the interim.

If they approve you on the spot and take the EAD explain your situation and ask about an I-551 stamp in her passport. They don't give them often anymore but it's a possibility.

If not approved on the spot, it's unlikely you'd be denied outright. Unless there is a major problem they'd review your case (common) and either approve it soon thereafter or request more evidence or even a Stokes interview (unlikely). In this case your wife can continue to work on her EAD.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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If they approve you on the spot and take the EAD explain your situation and ask about an I-551 stamp in her passport. They don't give them often anymore but it's a possibility.

If not approved on the spot, it's unlikely you'd be denied outright. Unless there is a major problem they'd review your case (common) and either approve it soon thereafter or request more evidence or even a Stokes interview (unlikely). In this case your wife can continue to work on her EAD.

I had forgotten about the possibility of the I-551 stamp. Thanks! It's worth a try...


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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I had forgotten about the possibility of the I-551 stamp. Thanks! It's worth a try...

When we had our interview, my wife was concerned about giving up her EAD/AP card and the IO asked if we thought that we might need it during the time that we were waiting for the resident card. We said that we might and he gave us an address to send it back to them after we received the resident card. My wife still has it and we'll mail it back to them as soon as the resident card arrives.


7-30-07 - Met in Santa Marta, Colombia

9-19-08 - Engaged

7-13-10 - I-129F sent by USPS Expressmail to VSC;

10-18-10 - NOA2!!!!!!!!!! (Received in hand 10-22-10)

11-12-10 - Sent email to Embassy asking about petition; response "Petition rec'd; send in documents"; sent same day

11-24-10 - Called the Department of State; interview has been scheduled

11-29-10 - Package 3 received by beneficiary

01-19-11 - Interview - VISA APPROVED!!!!!!!!!!!

01-27-11 - Passport received; visa in hand

02-08-11 - POE - Fort Lauderdale, Fla MISSED FLIGHT; 02-10-11 - POE second time's the charm. Easy POE. Welcome to the USA.

03-04-11 - Married

AOS

05-08-11 - Mailed out I-485, I-765 & I-131;

05-16-11 - Text & email msgs with Receipt Number

05-17-11 - Applied for Expedited AP as Victoria's mother was very ill; 05-18-11 - Picked up AP document

05-20-11 - Victoria returns to Colombia; NOA1 for all 3 forms arrive

06-03-11 - Text message "Case now updated"; RFE 06-07-11 - RFE arrives for 2010 Tax Return

06-08-11 - Text message "Case now updated"; Post Office returned a letter that was sent by USCIS; 06-09-11 - Issue resolved

06-14-11 - RFE response sent; 06-21-11 - Text message "Case now updated"; RFE response under review

06-29-11 - Text message "Case now updated"; Case transferred to CSC

08-30-11 - Victoria returns to US

08-31-11 - Biometrics done; Text message - "EAD Card Production ordered"

09-11 - Case transferred back from CSC

11-22-11 - Interview in Albany Field Office. AOS APPROVED.

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