Jump to content
srg3037

Wife received green card in Jan '19, my daughter's I-485 case is still pending

11 posts in this topic

Recommended Posts

Hello all,

 

I'm concerned that my daughter's I-485 my have hit some brick wall.  As the subject line indicates thankfully my wife got her green card approved in Jan '19 but my daughter's I-485 application status is still the same since the Oct '18 interview.  My wife came over on a k1 and our daughter came over at the same time on a k-2 (now 8 years old).  Filed the two I-485 applications as  I should, got an interview date for October 21, 2018 for the both of them (same time but separate letters).   When my wife's case was approved in January but my daughter's was not at the same time I was told that was normal.  In mid-March '19 I scheduled an Infopass because it was 120+ days without a decision post interview.  I was told at the Infopass (after they emailed the officer) that it would be escalated to a supervisor and I should hear back in 2-3 weeks.   I received no word so I decided to try my Senator.  I wrote a letter in mid-May and the Senator's response was the local office in Baltimore said the standard time was 11 months to 30 months and I was in that time period (I-485 was filed in June '17).      

 

Is this wait time still normal?  Should I schedule another Infopass?  Any other avenues?   

 

The other side issue is without a GC I cant get my daughter an SSN and without a SSN I cannot claim the full child credit (applied for extension).  So the difference in taxes is I owe $1,600.00 or I owe nothing (tax credit with valid SSN is $2,000 or just with a TIN is $500.00

Share this post


Link to post
Share on other sites

Your wife and daughter could've gotten SSNs as soon as they landed in the US, is there a reason you didn't apply for SSNs then?

 

The daughter can get an SSN with her EAD, she doesn't need to wait for the greencard.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC:

04-19-2019 - Earliest filing date

04-22-2019 - I-751 sent with USPS (AZ lockbox)

04-24-2019 - Delivered/Received date

04-30-2019 - Check cashed

04-30-2019 - NOA1 text/email (WAC)

05-03-2019 - NOA1 hardcopy/extension letter

Share this post


Link to post
Share on other sites

My experience was long long ago but it did take an additional 4 months for my kids k2's to be approved. One thing different from your wife's case than mine. Is I had my approval in Sept but they did not send my card until my kids K2's were approved. 

2 minutes ago, Scandi said:

Your wife and daughter could've gotten SSNs as soon as they landed in the US, is there a reason you didn't apply for SSNs then?

 

The daughter can get an SSN with her EAD, she doesn't need to wait for the greencard.

The K2's cannot get a SSN until EAD


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
Posted (edited)
17 minutes ago, Ontarkie said:

My experience was long long ago but it did take an additional 4 months for my kids k2's to be approved. One thing different from your wife's case than mine. Is I had my approval in Sept but they did not send my card until my kids K2's were approved. 

The K2's cannot get a SSN until EAD

Alright, so she can get one now then, as I assume they filed for AOS/EAD many months ago.

Edited by Scandi

K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC:

04-19-2019 - Earliest filing date

04-22-2019 - I-751 sent with USPS (AZ lockbox)

04-24-2019 - Delivered/Received date

04-30-2019 - Check cashed

04-30-2019 - NOA1 text/email (WAC)

05-03-2019 - NOA1 hardcopy/extension letter

Share this post


Link to post
Share on other sites
Posted (edited)
4 minutes ago, Scandi said:

Alright, so she can get one now then, as I assume they filed for AOS/EAD many months ago.

 

I'm confused, how can my 8 year old daughter apply for an EAD?  They would never issue it because she is not old enough to work. 

Edited by srg3037

Share this post


Link to post
Share on other sites
33 minutes ago, srg3037 said:

 

I'm confused, how can my 8 year old daughter apply for an EAD?  They would never issue it because she is not old enough to work. 

Yes she can have an EAD. It's needed to work but in K2's situation it is also needed for ID and SSN. I had no issues getting them for my kids.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
38 minutes ago, Scandi said:

Alright, so she can get one now then, as I assume they filed for AOS/EAD many months ago.

I guess he did not from his other comment :(


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
14 minutes ago, Ontarkie said:

I guess he did not from his other comment :(

 

That is correct I did not 😪  Part of it probably was prior to tax year 2018, a TIN would get you the full child tax credit.  However with the tax change in 2018 and to combat fraud they no longer allow you to claim the credit with a TIN and you cant go back and amend once the SSN is issued.

 

Let's hope they can approve my daughter's adjustment soon, otherwise this will be a costly mistake on my part tax wise since it appears I could have got her an SSN all along.  

 

As far as my daughter's I-485, since it has been pending 8 months since the interview is it worth going to another Infopass?   

Share this post


Link to post
Share on other sites
1 minute ago, srg3037 said:

 

That is correct I did not 😪  Part of it probably was prior to tax year 2018, a TIN would get you the full child tax credit.  However with the tax change in 2018 and to combat fraud they no longer allow you to claim the credit with a TIN and you cant go back and amend once the SSN is issued.

 

Let's hope they can approve my daughter's adjustment soon, otherwise this will be a costly mistake on my part tax wise since it appears I could have got her an SSN all along.  

 

As far as my daughter's I-485, since it has been pending 8 months since the interview is it worth going to another Infopass?   

I would try just about anything at this point. I have not seen where it has taken this long after the k1 got their GC. It sure can't hurt. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
14 minutes ago, Ontarkie said:

I would try just about anything at this point. I have not seen where it has taken this long after the k1 got their GC. It sure can't hurt. 

That is what I was thinking as well.  Does my daughter have to be at the Infopass appointment?  She is going away from summer camp with my grandparents for 6 weeks.  

Share this post


Link to post
Share on other sites
3 minutes ago, srg3037 said:

That is what I was thinking as well.  Does my daughter have to be at the Infopass appointment?  She is going away from summer camp with my grandparents for 6 weeks.  

That I am not sure about.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...