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How long after biometric test should there be decision on I-765

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The I-485 and I-765 for my wife were sent to Immigration Services on 2/14/12. (following the acquisition of a K-1 visa and our marriage on 12/3012) Her biometrics was scheduled for 3/13/12 and was completed. How long does it typically take for the I-485 and I-765 decisions to be made? My immediate concern is that my wife's temporary driver's license permit expires on 4/10/12 and that if we don't get an I-765 soon, it may be difficult for my wife to get a driver's license without a social security no. (I realize that my wife is legally in the U.S. under something like pending status before the Attorney General, but it may not be easy to explain this to Ohio Driver's license agencies.) Any help will be greatly appreciated.

Thanks,

JD

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She might not be able to get a license. This is a common scenario. Most states won't accept an EAD anyway, just the GC. EAD takes 70-90 days from when you filed. When you did biometrics doesn't affect it.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Be patient - still takes time - We had biometrics done in Nov and the interview didn't happen until Feb.

Good luck.


Met on line: 7-4-2007

Sent petition to Vermont Service Center on 8-11-2010

NOA1 VSC 8-27-10

NOA2 VSC 2-7-11

Interview 5-12-11

Approved 5-12-11

POE: LA/6-15-2011

Married 8-26-2011

AOS: Submitted 10-7-2011

AOS Interview: 2-23-2012 Approved

Green Card Recvd: 2-28-2012

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EAD takes 2-3 months regardless of how quickly you get biometrics in most cases. Expect it sometime between mid-April to mid-May.


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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Your receipt from USCIS will add a year extension with the AOS application and should work to renew the DL till the year is up. When you get your GC go back to DMV and up date again. Our AOS to GC was 10 months FYI. Apply for your Social before your K-1 expires.


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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Thanks to everyone for their contributions. When I initially went to Social Security, I believe I was told that if my wife received employment authorization, she would receive a ssn. (Can't imagine why not. If she is authorized to work, she should have an ssn. Should also mention that I was previously told by our K-1 lawyers that some immigration stations gave employment authorization on the first landing in the U.S. ) Also, the Ohio Driver's License Bureaus seem to be cooperative. We received a temporary license before the biometric exam was scheduled. It seems to me that if the Biometric is scheduled, it means that our 485 and 765 are presumptively valid and that we should be able to get a driver's license up to the time a 485 or 765 is denied. (Not saying in any way that I expect a denial. Merely stating the principle that I believe applies) If we have a problem getting a license, I have no issue with contacting my congressperson or state representative to help things along. As far as I am concerned, if my wife is legally in the U.S., she is entitled to a driver's license.

Best wishes,

JD

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Thanks to everyone for their contributions. When I initially went to Social Security, I believe I was told that if my wife received employment authorization, she would receive a ssn. (Can't imagine why not. If she is authorized to work, she should have an ssn. Should also mention that I was previously told by our K-1 lawyers that some immigration stations gave employment authorization on the first landing in the U.S. ) Also, the Ohio Driver's License Bureaus seem to be cooperative. We received a temporary license before the biometric exam was scheduled. It seems to me that if the Biometric is scheduled, it means that our 485 and 765 are presumptively valid and that we should be able to get a driver's license up to the time a 485 or 765 is denied. (Not saying in any way that I expect a denial. Merely stating the principle that I believe applies) If we have a problem getting a license, I have no issue with contacting my congressperson or state representative to help things along. As far as I am concerned, if my wife is legally in the U.S., she is entitled to a driver's license.

Best wishes,

JD

JFK used to put a stamp in the passport that was supposed to act as employment authorization, but a K-1 cannot work with just that stamp anyway. A K-1 visa holder must have an SSN and an EAD, which you apply for with your I-485.

Some states will accept the EAD for a drivers license, and some want the green card. Those are just the laws of the state used for preventing undocumented immigrants from getting state/government IDs and licenses.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I got my SSN about a month ago, pre submitting my I-485. All I had to take to the office was my passport and marriage license, took about 4 weeks after the appointment to get it in the mail. Does state “only valid with ead”. But no issues getting it. 

Immigration officer at the airport actually told me I could work straight away, which isn’t true. 

I cant get my driving license without my ead as my I-94 is now expired, and would’ve only been a temporary one, though this is seemingly state dependent - I’m in Florida. 

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