Help! AOS..

[djcess 0]

Hi! I came here on a fiance visa. I am so confused with all the information i'm receiving with adjustment of status. Correct me if I'm wrong in these areas:

a) I prepared all the paperworks for AOS in this forum. With all of my readings from the past I assume that the AOS approval would take almost 2 years, you first need to be interviewed and submit all supporting documents that you're a couple, and then you will receive your greencard. That's why we need to submit the I-765 EAD inorder to work legally in the US (cause ithe EAD will be approved earlier 2-3 months?) That way, while waiting for your AOS to be approved, you can get a job.

B) From other sources as well, EAD is an option. If I submit my AOS it would be approved in 3-4 months and NOT 2 years? By then, I would get my greencard in 4 months. SO If i want to work within the 4 months of waiting, I should file EAD and pay $180.

* Which of the above is correct? a or b?

* Assuming B is correct, what happens after i get my greencard?

-What will the future interview for?

-How will I know that I will have an interview coming? Will they give me another case number?

*What will my current status be?

I do hope somebody can help me out, my mind is so messed up right now and any advice from you guys would be highly appreciated.

[rebelheart 0]

Hi djcess,

First, CONGRATS! for your wedding, nice to hear about u again. Anyway, about your questions... i won't focus on it much, but i will tell you about my experience with filling my AOS.

I sent my application for AOS "with" EAD together at chicago lockbox. EAD is needed if you really want to work early than waiting for the greencard. But yes, EAD is an option ... you could apply or not.

But with regards with the "approval" of your AOS, they have a timeline for the processing of it as they say 6 months or 1 year, or 2 years. It's because jurisdiction of USCIS upon to your AOS application depends on how they find your case approvable early or not.

Approval of EAD is depends upon your service center how fast or slow they could process it, but EAD usually granted 3 months, not unlike me came upon 4 months (my guess it happened bcos of the one who handle my case and upon the followup of my local office). Upon the approval of my AOS, it came a little early about the notice took me 4months, but its just an email i received, depends until i got the "physical" greencard and welcome to US letter itself in my mailbox or hand.

So if ever i got my greencard maybe 1-2 months which is the "processing timeline" they emailed me upon sending the welcome letter and greencard. My EAD is not use-able anymore, if my greencard arrived, though I took the risk of losing amount of $180 for EAD, but i don't regret it because i knew my case is different, i filed K1/K2. But luckily my AOS approved early but my son K2 AOS though was still pending now.

So my advice, you have to be the one to decide, but EAD is optional, but you don't know when you will approve your AOS or how long it gonna be the greencard in your hand.

The problems or results sometimes you will read to some other VJ experiences:

- approved EAD early

- pending EAD bcos of RFE's of your AOS (mostly did received RFE for affidavit of support).

- pending cases of AOS because of (RFE) asking for more documents

- approved AOS a little early from 6 months, but waiting or pending for FBI namecheck for quite long months

- approved AOS thru after interview but still getting RFE's

- approved AOS without interview (like me) but still waiting the arrival of the greencard itself

- approved AOS early being transferred to CSC (like me) "but" some people after they've been notice of transfer their cases sent back again to MSC for further interview or checking cases.

- approval of EAD in processing timeline, and approval of AOS early from its processing timeline.

it's really depends, regular EAD processing is 90 days (3 months), and regular processing of AOS is 6 months. again depends how they find your case approvable.

Goodluck! and godbless!

-rebelheart-

[john_and_marlene 162]

There not a single answer. The times for AOS vary by case and location. Some locations have large backlogs and others do not. Some cases get delayed with security checks. You should look first for the timelines for your local office for AOS. Generally you can anticipate based on those timelines, but even then you could take longer depending on the security checks.

[rebeccajo 14]

Approval of EAD is depends upon your service center how fast or slow they could process it......

EAD's are not processed at the service centers. They are all processed at NBC.

Fingerprinting and RFE's are the only thing that impact speed of processing for the EAD.

[CanadaGirl 0]

If you want to be working I would suggest submitted the AOS and EAD. The AOS could take anywhere from 4 months to 2 years. There are so many factors involved. You can get your EAD in 90 days and it is optional. I guess what you need to do is figure out how soon you need to start working. If you are more of a stay at home mom then you could take the chance of filing AOS with no EAD and getting your green card in 6 months.

Not sure how helpfull I was but the main thing is EAD is optional and AOS processing times can vary greatly!

If you go with option B you will get a new case number. In short...you will have to go get biometrics and then they will mail you a notice of when your interview will be. I'm not sure what your status is since I am a K3 and don't really know about K1 status however, I'm pretty sure you can't leave the county until you get your green card without advanced parole which you can apply for with your AOS. You should read the guides at the top of the AOS forum for more info on what you need and what will happen.

Also, check out the AOS processing times in the Timelines feature.

Good Luck to you!

[motu 5]

We opted for jus the AOS (no EAD) as she is still learning English. It took about 6 months to get the greencard and by now she is ready to work (if she can find something she likes.) You can save the $$$ by not filing for EAD if you are OK with the wait. Good Luck

[djcess 0]

Thanks for all your replies. They are very helpful.. It is quite tricky that they approve your EAD in 3 months but some get their AOS approval in just 4 months. Such a waste of $$$. But if they get approved in 2 years time, then I guess the $180 is worth it.. but who would want to be approved that long?!!

[belladona_ph 0]

[Hello and welcome!

I would suggest that you also apply for the EAD. Like what you stated, at least you can work while waiting for the approval of the AOS ( from some of the experience here, even after two years no AOS yet). When I got the packet from USCIS for AOS, it included the application for the EAD. Until now my AOS is pending, and I do have my EAD card, and now looking for employment. I am just conditioning myself that I have to renew it by January in case my AOS is still pending.

After mailing all the documents required for AOS..you will have an appointment for biometrics, then your interview.

* Now if you choose option B, when you get your greencard, you don't have to renew your EAD if you have one. Having that greencard allows you to work.

* For the interview USCIS will send you a notice. They will send a notice of reciept of your document frist, Then send you a notice for biometrics and intervew. In your notice , you will see your case number.

The interview is their way of checking if you and partner are really living together as husband and wife. You have to show proofs fro these like marriage certificate, photos, etc.

* Your current status after your fiance visa expires is "Pending AOS", others describe it "in limbo"

anyway, while waiting, get a Sate ID, SSN, learn how to drive, scout for possible employment.

Happy thanksgiving!

Jan

[KarenCee 3]

Others will tell you that the EAD is like insurance. The "what if" far outweighs the gamble of not getting AOS approved quickly. My husband applied for all three: AOS, EAD, and AP. He's already gotten his EAD. AP was another of those "just in case" things, since he has an elderly grandpére back home. Of course, it's up to you as to what you want to do and how much you want to spend.

[djcess 0]

Thanks jan and karencee.. I think I will have to send out an EAD (EXPENSIVE WAAAHHH ) but it's risky without it; I might get stuck. I want to get the AP also karencee, do they accept installments?!

[KarenCee 3]

LOL, don't I wish! But y'know, it's worth it all to be with our husbands, regardless of the cost.

[I'm Gone 60]

Have you applied for an SSN yet?

[djcess 0]

Have you applied for an SSN yet?

Yeah, I applied 3 days since I got here.. i know too soon , that's why I got it soo late like around a month after would you believe that? it's best to get it 2 weeks prior to your arrival. Now I have to go back because I need to change my name since I'm married... wish I didnt get one in the first place. LOL.

[I'm Gone 60]

Yeah, I applied 3 days since I got here.. i know too soon , that's why I got it soo late like around a month after would you believe that? it's best to get it 2 weeks prior to your arrival. Now I have to go back because I need to change my name since I'm married... wish I didnt get one in the first place. LOL.

If you arrived 09/05/2006 you are now going to need the EAD card to be issued an SSN card in your married name. You are much better off having an SSN and card with your maiden name than not have one at all.