EAD Expedite Process in K-1 Status

[DmytriiD 186]

Hi Community,

 

 

I need advice from someone who successfully got EAD expedited in K-1 status.

So I requested to expedite my  EAD on October 15th and got denied because biometrics was not done yet, then after biometrics was done I requested it again and got denied again.

The letter says: "you did not provide evidence of an extreme emergent need". 

I sent them an explanation letter stating that we are in hard financial situation with attached pending job offer as a reply to their request for evidence that I qualify for an expedite request.

Soo...the question is, what did I do wrong in this story? Does it make sense to request again or not because I see a lot of ppl in K-1 status getting it expedited.

And I can't get why it should be an issue for USCIS to expedite if ppl need to survive and eat...I will not have a choice and will need to find work and money in any case to live. soo.....

 

 

Thank you for help!

 

[K & R 343]

5 minutes ago, DmytriiD said:

Hi Community,

 

 

I need advice from someone who successfully got EAD expedited in K-1 status.

So I requested to expedite my  EAD on October 15th and got denied because biometrics was not done yet, then after biometrics was done I requested it again and got denied again.

The letter says: "you did not provide evidence of an extreme emergent need". 

I sent them an explanation letter stating that we are in hard financial situation with attached pending job offer as a reply to their request for evidence that I qualify for an expedite request.

Soo...the question is, what did I do wrong in this story? Does it make sense to request again or not because I see a lot of ppl in K-1 status getting it expedited.

And I can't get why it should be an issue for USCIS to expedite if ppl need to survive and eat...I will not have a choice and will need to find work and money in any case to live. soo.....

 

 

Thank you for help!

 

Proving financial hardship for an EAD is kinda tricky because in order to get a k-1 visa and apply for AOS you have to prove that your petitioner can financially support you if you’re not working etc. it’s difficult for everyone coming over on a k-1 when their fiancé can’t work so if they approved everyone for just financial hardship during the AOS process there would be no expediting. Having a job offer strengthens your case but the job offer can’t really be for something likebagging groceries or waitressing. So unless you have a really serious job offer where they can’t have anyone but you work the job it’s gonna be an uphill battle. 

[Unlockable 7,306]

2 minutes ago, DmytriiD said:

Hi Community,

 

 

I need advice from someone who successfully got EAD expedited in K-1 status.

So I requested to expedite my  EAD on October 15th and got denied because biometrics was not done yet, then after biometrics was done I requested it again and got denied again.

The letter says: "you did not provide evidence of an extreme emergent need". 

I sent them an explanation letter stating that we are in hard financial situation with attached pending job offer as a reply to their request for evidence that I qualify for an expedite request.

Soo...the question is, what did I do wrong in this story? Does it make sense to request again or not because I see a lot of ppl in K-1 status getting it expedited.

And I can't get why it should be an issue for USCIS to expedite if ppl need to survive and eat...I will not have a choice and will need to find work and money in any case to live. soo.....

 

 

Thank you for help!

 

Sorry to hear about your denial. Was the job offer a hard offer? Meaning was it an official job offer or was it a "come back after you are able to work" type thing?

 

You evidence may not have been sufficient enough to show the officer that you are loosing out on potential work because of the lack of authorization. Best thing is to continue seeking employment and if there are more job offers, you can add those to a new request to show that you have many offers that are being missed out on.

 

Also, when you say that "ppl need to survive and eat" it is the reason why the petitioner provides financial evidence (current job's pay, tax history) plus sign an Affidavit of Support stating they can  provide for the incoming immigrant. The process is long, costly, a trying and there is some expectation that there will be some financial burden.  And to add, you have a choice between a fiance visa and a spousal visa, so when making that decision if working immediately is important, we always recommend the spousal visa over the K1 because the spousal visa allows the immigrant to work immediately upon entry (not to mention, the spousal visa also costs less overall).

[debbiedoo 2,339]

financial hardship doesnt really fly because the sponsor is supposed to be able to support you.

 

also, if the job offer isnt for a job that the employer has had a hard time filling with qualified candidates, then it carries less weight.

 

you didnt do anything wrong, you simply dont qualify.

[DmytriiD 186]

2 minutes ago, K & R said:

Proving financial hardship for an EAD is kinda tricky because in order to get a k-1 visa and apply for AOS you have to prove that your petitioner can financially support you if you’re not working etc. it’s difficult for everyone coming over on a k-1 when their fiancé can’t work so if they approved everyone for just financial hardship during the AOS process there would be no expediting. Having a job offer strengthens your case but the job offer can’t really be for something likebagging groceries or waitressing. So unless you have a really serious job offer where they can’t have anyone but you work the job it’s gonna be an uphill battle. 

A job offer for sales manager at charter business aviation company...

[DmytriiD 186]

3 minutes ago, NuestraUnion said:

Sorry to hear about your denial. Was the job offer a hard offer? Meaning was it an official job offer or was it a "come back after you are able to work" type thing?

 

You evidence may not have been sufficient enough to show the officer that you are loosing out on potential work because of the lack of authorization. Best thing is to continue seeking employment and if there are more job offers, you can add those to a new request to show that you have many offers that are being missed out on.

 

Also, when you say that "ppl need to survive and eat" it is the reason why the petitioner provides financial evidence (current job's pay, tax history) plus sign an Affidavit of Support stating they can  provide for the incoming immigrant. The process is long, costly, a trying and there is some expectation that there will be some financial burden.  And to add, you have a choice between a fiance visa and a spousal visa, so when making that decision if working immediately is important, we always recommend the spousal visa over the K1 because the spousal visa allows the immigrant to work immediately upon entry (not to mention, the spousal visa also costs less overall).

My job offer is a hard offer...start date is OCT 22..which is already in the past. I even said it to USCIS...like look I am already delaying my start date due to absence of an EAD.

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8 minutes ago, DmytriiD said:

My job offer is a hard offer...start date is OCT 22..which is already in the past. I even said it to USCIS...like look I am already delaying my start date due to absence of an EAD.

That sucks. Sounds like it is a good gig and you had sufficient evidence. Still, the harsh truth is that they don't HAVE to expedite anything. It really does suck but you are at the mercy of them.

 

But to answer your original question, I would definitely try for an expedite again. Maybe even get more evidence from that company to show they are serious about hiring you.

Edited November 6, 2018 by NuestraUnion

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*** Moved  from K1 Fiance(e) Visa Case Filing and Progress Reports to "Working & Traveling During US Immigration" ***

[DmytriiD 186]

7 minutes ago, NuestraUnion said:

That sucks. Sounds like it is a good gig and you had sufficient evidence. Still, the harsh truth is that they don't HAVE to expedite anything. It really does suck but you are at the mercy of them.

 

But to answer your original question, I would definitely try for an expedite again. Maybe even get more evidence from that company to show they are serious about hiring you.

Will it help to submit my reply to them through congressman or it does not matter for USCIS ?

[Unlockable 7,306]

1 minute ago, DmytriiD said:

Will it help to submit my reply to them through congressman or it does not matter for USCIS ?

You can have a Congressperson's office or Ombudsman inquire about the status of your expedite request, EAD, or even your AOS status. Bear in mind that they will not have any influence over the decision. They can only inquire on your behalf.