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hedwigcharms

i-765 DENIED.....re-application processing time

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Hello Everyone,

My husband came over on a k-1 visa in October. We immediately applied for the i-765 under the a(6) category. In the meantime we got married and applied for the AOS. Recently we called to check on the status of the EAD and were told it was denied back in February. This seemed pretty unbelievable considering we were never notified and not returned the fee we sent in. In any case we were told that it was pointless to have applied for the EAD under the a(6) and should have waited until after we were married and filed under c(9). In hindsight, I really wish i would have researched this a little more!!! Nothing I can do now by reapply. So we sent in the application again with the corrected category. Does anyone know if this is going take an additional 90 days? Or can we expect it to come sooner? anything we can do to expedite the situation? would getting an immigration attorney speed up the process?

any information you could provide would be greatly appreciated :)

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No an immigration does NOTHING to speed up the process.

And yes, it will take 60-90 days, like any other EAD application.

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Did you include a copy of the NOA receipt notice from filing the I-485 so the fee will be waived? It will still take the usual processing time. A lawyer cannot help speed up the process for you and there is nothing to do to expedite. It will take about 2-3 months.


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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Your username is awesome, by the way.

Good luck!


AOS JOURNEY FROM VISA WAIVER PROGRAM
EAD (I-765) APPROVED IN 30 DAYS
I-485 APPROVED IN 96 DAYS
• I-130 APPROVED IN 96 DAYS

---------------------------------------------------------------------------------
Full timeline (click show)

Day 1 - April 10th, 2013 - I-485, I-130, I-765 Mailed

Day 2 - April 11th, 2013 - Delivery confirmation, Chicago

Day 9 - April 19th, 2013 - Text NOAs for all three - NBC

Day 12 - April 22nd, 2013 - NOAs in mail for all three - NBC

Day 15 - April 25th, 2013 - Biometric walk-in at Fort Worth

Day 28 - May 8th, 2013 - RFE received (I-485) - immediately responded by fax

Day 30 - May 10th, 2013 - EAD approved, card sent to production

Day 35 - May 15th, 2013 - RFE processed for I-485

Day 38 - May 18th, 2013 - EAD card arrives in mail!

Day 41 - May 21st, 2013 - I-485 updated to "Testing and Interview"

Day 51 - May 31st, 2013 - Interview scheduled for July 16th, Dallas

Day 62 - June 11th, 2013 - Started work as a Systems Engineer (IT)!

Day 96 - July 16th, 2013 - Approved at interview in Dallas, Texas! (I-485)

Day 96 - July 16th, 2013 - I-485 updated to "Card/Document production", I-485 updated to "Approved, mailed welcome letter", I-130 updated to "Approved"

------------------------------------------------------------------------

Day 104 - July 24th, 2013 - Green Card arrives in mail

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**** Moving from K1 to AOS from Family Visa as OP is already in the USA and question is about EAD *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I-765 is free when filed with a pending AOS... There was only one check to write, total is $1,070.

How many checks and how much did you send them? I hope you didn't pay for the EAD a second time?


K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

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Hello Everyone,

My husband came over on a k-1 visa in October. We immediately applied for the i-765 under the a(6) category. In the meantime we got married and applied for the AOS. Recently we called to check on the status of the EAD and were told it was denied back in February. This seemed pretty unbelievable considering we were never notified and not returned the fee we sent in. In any case we were told that it was pointless to have applied for the EAD under the a(6) and should have waited until after we were married and filed under c(9). In hindsight, I really wish i would have researched this a little more!!! Nothing I can do now by reapply. So we sent in the application again with the corrected category. Does anyone know if this is going take an additional 90 days? Or can we expect it to come sooner? anything we can do to expedite the situation? would getting an immigration attorney speed up the process?

any information you could provide would be greatly appreciated smile.png

It won't, 6 weeks max if so long , trust me


" You never can win, when you play dirty"

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I sent a check in for $380 when I sent in the application in October, Then I sent a check for $1,070 when I sent in my application for AOS in January. So then obviously I overpaid. Does that mean that I am entitled to a refund?

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I sent a check in for $380 when I sent in the application in October, Then I sent a check for $1,070 when I sent in my application for AOS in January. So then obviously I overpaid. Does that mean that I am entitled to a refund?

No.


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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No.

... Because in October you had no AOS pending when you filed for EAD. That is why it is best to file for EAD at the same time as AOS, or later but it's simpler to file for both at once. Fees for EAD would have been waived.


K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

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It won't, 6 weeks max if so long , trust me

Where did you get this figure? The stats are 60-90 days. That would be 2-3 months. It depends on a lot of factors. Add to it the OP didn't file it concurrently.

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Where did you get this figure? The stats are 60-90 days. That would be 2-3 months. It depends on a lot of factors. Add to it the OP didn't file it concurrently

My EAD was filed last. it was not filed with other documents. When I received my first EAD it took 5 weeks, my renewal took 3 weeks. As a matteer of fact i filed on the 26th april and I received the card today. Different strokes for different folks.. God is in the midst Trust me


" You never can win, when you play dirty"

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