AOS taking obnoxiously long, moving to the UK is becoming a choice also

[Onyx & Inari 0]

Well, it's been a while and a rocky while at that!

Since moving here to the US things have been far from easy! However we have been waiting over a year for an AOS and have had very little luck talking to USCIS. In fact we started our I-485 last December, 2011, it was moved from Vermont to California in February 2012, since then nothing! Biometrics for EAD that was all. However that runs out this coming February! Every time we call the USCIS we are told that they haven't processed our case yet and there is nothing they can do!

Is there really nothing? Because if I am not allowed to work and things continue to drag along I will be financially screwed for the following year thanks to some unexpected medical costs!

My next question, is that my mother in law... Dangerous word I know, has been doing her very best to make things harder. And it's come to the point where we have considered moving further away, out of state was our first thoughts. But since then we have toyed with the idea of moving back to the UK, however my wife has the impression that we would be penalized and I would be banned from entering the US for up to ten years! Is this true? As I cannot find anything on such a subject!

[Lainie B 465]

So you don't even have your EAD? That is insane. You need to get your congressman's help immediately, and the ombudsman too. USCIS are required to make a decision on the EAD within 90 days.

[Dave&Roza 748]

Well, it's been a while and a rocky while at that!

Since moving here to the US things have been far from easy! However we have been waiting over a year for an AOS and have had very little luck talking to USCIS. In fact we started our I-485 last December, 2011, it was moved from Vermont to California in February 2012, since then nothing! Biometrics for EAD that was all. However that runs out this coming February! Every time we call the USCIS we are told that they haven't processed our case yet and there is nothing they can do!

Is there really nothing? Because if I am not allowed to work and things continue to drag along I will be financially screwed for the following year thanks to some unexpected medical costs!

My next question, is that my mother in law... Dangerous word I know, has been doing her very best to make things harder. And it's come to the point where we have considered moving further away, out of state was our first thoughts. But since then we have toyed with the idea of moving back to the UK, however my wife has the impression that we would be penalized and I would be banned from entering the US for up to ten years! Is this true? As I cannot find anything on such a subject!

I would put in a service request, make an INFOPASS appointment, get my congresscritters involved as you are WELL outside the normal processing time and to me this is totally unacceptable. You need to become the squeeky wheel. Call the USCIS and ask for a tier 2 supervisor. Tell them you are 6 months BEYOND the processing time for AOS and your EAD is about to expire and have them put in a service request. I would also go on-line and make an INFOPASS appointment. I would contact BOTH Senators and your Representattive. Become a royal PITA.

As far as moving back to the UK, there should be no problem in returning other than having to file a spousal visa and waiting for that to be approved.

I hope something happens soon for you.

Dave

[Pitaya 2,577]

I would put in a service request, make an INFOPASS appointment, get my congresscritters involved as you are WELL outside the normal processing time and to me this is totally unacceptable. You need to become the squeeky wheel. Call the USCIS and ask for a tier 2 supervisor. Tell them you are 6 months BEYOND the processing time for AOS and your EAD is about to expire and have them put in a service request. I would also go on-line and make an INFOPASS appointment. I would contact BOTH Senators and your Representattive. Become a royal PITA.

As far as moving back to the UK, there should be no problem in returning other than having to file a spousal visa and waiting for that to be approved.

I hope something happens soon for you.

Dave

Indeed !

[didopage 337]

My next question, is that my mother in law... Dangerous word I know, has been doing her very best to make things harder. And it's come to the point where we have considered moving further away, out of state was our first thoughts. But since then we have toyed with the idea of moving back to the UK, however my wife has the impression that we would be penalized and I would be banned from entering the US for up to ten years! Is this true? As I cannot find anything on such a subject!

You would not be banned from the US. You are here legally and your status as "AOS pending" protects you from a ban. You are in a period of authorized stay since you filed for AOS. You filed for AOS 2 months after your POE, no you never overstayed. No overstay, so no ban.

If you want to move back to the UK, inquire more about it, because from what I've read from experienced UK members here, it is not so easy to bring your wife there (you need to have proofs of assets, things like that....).

About your AOS, I agree with other replies. Tier 2, service request, congressman, senator... you are wayyyyy past their processing time.

Edited December 2, 2012 by didopage

[Onyx & Inari 0]

When I last called they said they had previously put in a service request, this was begining of October originally! I called back towards the end, and was blanked and reminded that they cannot do anything more at this time, I called again 4 weeks after that... Same answer, and again refused to put in another request saying they will deal with my case when they get to it! I have all intentions of calling again tomorrow to most likely receive yet again the same reply.

I will contact our state senators and see what they can do to help, but still worried as our family business is Tax, and were pretty damn close to the start of Tax season now!

I have also tried to locate an Ombudsman for my area, and having no such luck also, so any advice on this would be appreciated too.

Edited December 2, 2012 by Onyx & Inari

[Lainie B 465]

When I last called they said they had previously put in a service request, this was begining of October originally! I called back towards the end, and was blanked and reminded that they cannot do anything more at this time, I called again 4 weeks after that... Same answer, and again refused to put in another request saying they will deal with my case when they get to it! I have all intentions of calling again tomorrow to most likely receive yet again the same reply.

I will contact our state senators and see what they can do to help, but still worried as our family business is Tax, and were pretty damn close to the start of Tax season now!

I have also tried to locate an Ombudsman for my area, and having no such luck also, so any advice on this would be appreciated too.

There is only one ombudsman for USCIS (actually for DHS) - use this one

http://www.dhs.gov/ombudsman-case-assistance

There is a form online you can fill out. You are supposed to have tried and failed to resolve the problem with USCIS first, but it sounds like you have already tried that through numerous phone calls and service requests.

[hmh33 117]

When you're making your complaints / service requests, make sure to specifically ask about the I-765 and I-131 (the application for EAD and advance parole). The I-485 processing from K-1 is taking a long time at the moment, so it's not too surprising that that hasn't been approved yet, but you should have had your EAD months ago. Maybe the people you're talking to have been assuming you were asking about the I-485. BTW, "EAD" and "AP" are abbreviations used on internet forums, not used by USCIS.

[Harpa Timsah 13,258]

I am not sure the OP even applied for EAD and AP because 1. They would be approved by now and 2. It is not in their signature, just the I-485 (written there as I-484).

[Lainie B 465]

I am not sure the OP even applied for EAD and AP because 1. They would be approved by now and 2. It is not in their signature, just the I-485 (written there as I-484).

They said in the first post they had "biometrics for EAD", though I assume they meant it was for both the EAD and GC. But maybe they only submitted the I-485 and not the I-765 and I-131, in which case the biometrics would have been just for the GC. Hopefully they can clear that up.

[Onyx & Inari 0]

I am not sure the OP even applied for EAD and AP because 1. They would be approved by now and 2. It is not in their signature, just the I-485 (written there as I-484).

Your signature says nothing, so what has mine got to do with anything?

I have had the biometrics, I have the EAD, but its running out, in February of this coming year which I stated in my first post. The problem is that nothing else has happened, and when the EAD runs out I will be unable to work legally. I applied for the AOS with everything else a year ago, and have been blanked by USCIS Officials and told to wait, while I look on here and see people beyond my position after filing months after me!

We are all here for the same reason Harpa, everyone has questions, and everyone has answers. And thankfully when ever I see that little Koala, I see some helpful information!

So I ask in future that you ask people things if you are unsure or misread, as "they" are looking at this page for suggestions and advice continuously! And take note that a signature on a forum board means nothing in the grand scheme of things, especially when dealing with the unnessecary stress provided to you courtesy of the USCIS!

[Lainie B 465]

Just checking on something - you said you had "biometrics for EAD" but that should have been for AOS as well. Check your appointment letter - it should have had both receipt numbers on it (one for the I-485, one for the I-765). (I missed that part in your original post where you said your EAD ran out in February - I though you meant you never got your EAD at all, my mistake, my first post probably contributed to the confusion).

You can try an infopass appointment but I have seen others here try that and it doesn't seem to help much since your local office won't be able to do a lot without the paperwork, which is at CSC. The only thing people have been able to achieve with an Infopass appointment is a service request, but you've been able to do that yourself by phone and it hasn't helped.

Here are the steps I took when I was in your situation:

-Service request (came back with some lame reply that they are really busy right now and be patient)

-Email CSC directly (they replied, but didn't seem to help much, same kind of response as the service request)

-Senator (could only help once application had been at CSC for over six months, after that they can request the file be "pulled"

-Ombudsman (they took a while to get back to me, and were very nice, by that time the application had already been approved)

Out of those the senator's office was the one that made the difference. Once they were able to request the file be pulled, my application was approved within a few days. I think the ombudsman's office would have helped too but by the time the made an inquiry to CSC, it had already been approved.

Yours is an unusually long wait but there was someone here else recently (Soju) whose application took over a year.

[didopage 337]

Also, as you seem worried about your EAD expiring in a few months, and in the case your AOS is not approved soon, you can consider renewing your EAD for free, still based on your pending AOS.

Edited December 3, 2012 by didopage

[Hypnos 6,576]

Your EAD and AP can be renewed as many times as you need them to be - free of charge - until your green card is approved.

Simply submit a new I-765, together with a colour copy of the front and back of your current EAD and a copy of the NOA for your I-485, 120 days before your current EAD expires (you're a little late, so you should do this now).

[Onyx & Inari 0]

Your EAD and AP can be renewed as many times as you need them to be - free of charge - until your green card is approved.

Simply submit a new I-765, together with a colour copy of the front and back of your current EAD and a copy of the NOA for your I-485, 120 days before your current EAD expires (you're a little late, so you should do this now).

This is fantasic news, as I was afraid it was going to cost us even more money! I can assume that we send this to the usual mailing address? Or to the field office closest to me?

Thank you all by the way for your help and words of wisdom!

Edited December 3, 2012 by Onyx & Inari