Is there any way to find out what is happening?

[Matt_Stevens 5]

My wife had her biometrics appointment the first week of December. It was easy, in and out. But now nothing. I had a computer virus so all of the pages I saved are gone and I am not finding the area here at VJ to figure out how long it takes for a K1 visa holder living in North Carolina to get an AOS interview. Can anyone point me in the right direrction? We are worried about the AOS process because at the time we had to file both I and Anh's co-sponsor were not working because of moving from CT to NC. So that is something we want to update, but all we ever find in research is that there is no way to do that. I and Anh's co-sponsor are now working and it seems ridiculous that we cannot just update our case with that information.

The other issue, one that is really having us at the point of insanity, is my wife's inability to legally work. This is just insane and the person(s) I have spoken with in the government tell me that we cannot expect approval for that until after AOS. Anh has been here since July of last year and so that is six months of not being allowed to do anything. It's just sheer lunacy.

I have found this entire process to be infuriating, as some of you know. Is there any hope out there?

Edited January 15, 2007 by Matt_Stevens

[Matt_Stevens 5]

By the way, some have told us Anh should just go and work because she has a SSN, but I don't want her to do that if it could result in her getting in trouble fown the road. We don't want to do anything that will violate her status. It is my understanding that without a working permit she cannot work, SSN or not.

[rebeccajo 14]

Matt, did you file for an Employment Authorization Document (I-765) along with filing the Adjustment of Status (I-485).

This will allow her to work prior to the greencard being issued.

Issuance of a greencard can take anywhere from 2 months (if you are a lucky CSC transferree) to years, depending on if you are unlucky and caught in FBI security clearance.

[Matt_Stevens 5]

Yes, sorry, I thought I made that clear. My bad. We DID file for the I-765 (same time as AOS) and received the letter stating the form had been received. Since then nothing. When I called two weeks ago to enquire I was told that Anh might not get approval on that until after AOS, which sounds completely insane to me since AOS could take, as you say, months or years. How can the government force her to stay here at home and do nothing?!

We are really worried and poor Anh is getting more and more depressed. She has always worked since graduating (and all through college) and feels useless. She also feels remendous guilt that she cannot send a little money home each month. I have sent some, but I cannot just hand over my paycheck. We have bills to pay, she knows that and has not asked for anything.

Lunar New Year is coming up and she hoped to be able to send her parents a little bit of money for them to celebrate and now she cannot because of the inability to work. This sort of situation is not good for married life. It does put a strain on us and I have had to have tremendous amounts of patience and understanding with her about this.

This is just horrible, folks.

[rebeccajo 14]

I hear ya, Matt. Believe me, I do.

EAD not being granted is RARE. It does happen, but I have no idea what triggers that. I can only hazard a guess there might be some suspicion on the government's part that the petitioners prior work history involves 'sensitive information' and they don't want them out there having access to same. But that's really just me guessing.

EAD usually comes in 90 to 100 days. It's good for one year. If Ahn doesn't have her greencard about 5 months before it expires, you will need to file for a renewal of the EAD in order to keep her legally working.

It's not unusual at all for you to have heard nothing at this point. Your file is barely 6 weeks old. Hang in there.

[Matt_Stevens 5]

OK. Her past work was not sensitive. She worked as an English language teacher, in an art gallery and at a foreign company in the HR department.

[sweettweety 0]

Hey,same here. I had my biometrics December last year,& since then we haven't heard anything. I too is getting depress already because I cannot work, I have a very good job offer but can't start. I feel so useless,can't even send some money back home. I keep on checking my email & the USCIS website trying my luck. My last touch was 1/10/2007. I can feel for your wife.....

[Girona40 0]

My wife had her biometrics appointment the first week of December. It was easy, in and out. But now nothing. I had a computer virus so all of the pages I saved are gone and I am not finding the area here at VJ to figure out how long it takes for a K1 visa holder living in North Carolina to get an AOS interview. Can anyone point me in the right direrction? We are worried about the AOS process because at the time we had to file both I and Anh's co-sponsor were not working because of moving from CT to NC. So that is something we want to update, but all we ever find in research is that there is no way to do that. I and Anh's co-sponsor are now working and it seems ridiculous that we cannot just update our case with that information.

The other issue, one that is really having us at the point of insanity, is my wife's inability to legally work. This is just insane and the person(s) I have spoken with in the government tell me that we cannot expect approval for that until after AOS. Anh has been here since July of last year and so that is six months of not being allowed to do anything. It's just sheer lunacy.

I have found this entire process to be infuriating, as some of you know. Is there any hope out there?

We just applied for my son's EAD (his 4th one!) and it took about 100 days. You can't chase them up until the application has been processing for 90 days. If you only applied 6 weeks ago, or thereabouts, you may find you have to wait a little longer. I know it must be frustrating for you and your wife, but fingers-crossed it won't be much longer now. Oh, and whoever told you that you don't get approval for your EAD until after AOS is talking nonsense! If that were the case, all those awaiting FBI background checks would be unable to work also, that is not the case.

Patience is something you soon realise is a "must" when dealing with the USCIS, and lots of it! lol

[Em&Ed 0]

Hi Matt.....I'm in the same boat as Anh, I am also waiting for my EAD to come through after being here since July. I had my biometrics done in November and since then nothing.....I keep checking my case status, but nothing ever changes. I can understand her frustrations and how it makes you feel useless 'cause I go though the same..... I can also understand how hard it must be for her not being able to send money home to her parents.....Just let her know that she is not alone in this and that there are plenty of people who know exactly what she is going through. Good luck to the both of you!

[sarahsmiles 0]

You can add my husband's case to the list of people out there in no man's land for the past several weeks. I think I would feel better if we had any touches, but we got nothin'. It's also frustrating since another K1er that I talk to here in VJ with the same DO filed right before us, got transferred to CSC and approved with lightening speed.....but we just continue to wait.

[Lizzy 0]

I am waiting since October last year when i applyed for my EAD! Had biometrics also.

Edited January 15, 2007 by Lizzy

[xjennyinstereox 0]

I didn't get touched for two whole months before things started moving again. I'd say be patient. I'm glad I was. After a month of no touches, the interview letter came.. then a month later, the EAD got approved, and i had my interview. Recommended for approval. Yay! So you see, good things come to those who wait.

Edited January 15, 2007 by xjennyinstereox

[Emo 0]

Yes, sorry, I thought I made that clear. My bad. We DID file for the I-765 (same time as AOS) and received the letter stating the form had been received. Since then nothing. When I called two weeks ago to enquire I was told that Anh might not get approval on that until after AOS, which sounds completely insane to me since AOS could take, as you say, months or years. How can the government force her to stay here at home and do nothing?!

We are really worried and poor Anh is getting more and more depressed. She has always worked since graduating (and all through college) and feels useless. She also feels remendous guilt that she cannot send a little money home each month. I have sent some, but I cannot just hand over my paycheck. We have bills to pay, she knows that and has not asked for anything.

Lunar New Year is coming up and she hoped to be able to send her parents a little bit of money for them to celebrate and now she cannot because of the inability to work. This sort of situation is not good for married life. It does put a strain on us and I have had to have tremendous amounts of patience and understanding with her about this.

This is just horrible, folks.

This might help :

http://www.americanlaw.com/aos.html

Unauthorized Employment,

Aliens who have engaged in unauthorized employment since their entry into the United States are barred from adjustment of status. However, this statutory bar does not apply to immediate relatives of United States citizens

[Synthetrix 0]

My wife and I are in the same boat. She came here last April, we were married that month and also got her SSN number. She was unable to get a CA state driver's license though becuase there was not enough time left on the k-1 visa by the time she got here. We filed for AOS and EAD at the same time at the end of May 2006. We got the NOAs, biometrics and AOS interview within 3 months after that, but our case has not been "touched" since October and is sitting in the long line of FBI name checks at the Missouri center with a lot of the other people on these forums.

We have an INFOPASS appt. this week to try and find out what's going on.

She is a nurse and has been out of work in her profession for a year now and is really getting bummed out.

[lisanne 0]

My wife had her biometrics appointment the first week of December. It was easy, in and out. But now nothing. I had a computer virus so all of the pages I saved are gone and I am not finding the area here at VJ to figure out how long it takes for a K1 visa holder living in North Carolina to get an AOS interview. Can anyone point me in the right direrction? We are worried about the AOS process because at the time we had to file both I and Anh's co-sponsor were not working because of moving from CT to NC. So that is something we want to update, but all we ever find in research is that there is no way to do that. I and Anh's co-sponsor are now working and it seems ridiculous that we cannot just update our case with that information.

The other issue, one that is really having us at the point of insanity, is my wife's inability to legally work. This is just insane and the person(s) I have spoken with in the government tell me that we cannot expect approval for that until after AOS. Anh has been here since July of last year and so that is six months of not being allowed to do anything. It's just sheer lunacy.

I have found this entire process to be infuriating, as some of you know. Is there any hope out there?

I know this is too late, but she should have been able to get a EAD stamp at JFK, which would have allowed her to work for 90 days. Although she could only start working after getting her social security card. There's a lot of us in this boat waiting for an EAD. My husband had to quit his job because his 90 days ran out and the EAD card hadn't come yet. No touches on our AOS or EAD since Nov. 21 and still waiting........