EAD/AP processing time?

[haroldpburton 1]

Background: I’m a US citizen. Wife came to the US on a K1 visa in March 2020, we got married in May 2020, and applied for AOS in August 2020. We received a notice from USCIS in October that we had used an out of date form and needed to resubmit, so we did. They received our resubmission on 11/27. We then realized we could apply for her EAD/AP so she can begin working while we wait for her green card. That application was sent at the end of December and delivered to the Chicago lockbox this week. We have yet to receive a notice of receipt for that, which I assume will come within the next few weeks.

 

I have a few questions. First, when do you think we may get her EAD/AP so she can begin working? I’m seeing some people say at least a year - I truly hope it’s sooner than that. Second, we still haven’t heard anything about our resubmission of her AOS. At what point can we inquire about that? 90 days? Finally, is it true that her EAD/AP won’t move until the RFE is satisfied? In that case, should we push to get that taken care of ASAP? If so, how?

 

Thanks in advance!

[HRQX 4,145]

20 minutes ago, haroldpburton said:

That application was sent at the end of December and delivered to the Chicago lockbox this week.

Did the EAD/AP application include a copy of I-485 receipt notice?

[haroldpburton 1]

Just now, HRQX said:

Did the EAD/AP application include a copy of I-485 receipt notice?

Yes. In the package I sent them was the EAD application, AP application, a copy of the I-485 receipt notice, and my wife’s passport photos.

[HRQX 4,145]

28 minutes ago, haroldpburton said:

First, when do you think we may get her EAD/AP so she can begin working?

It can vary wildly. One factor is if your local ASC has a backlog for biometric appointments because in the beginning of the pandemic ASCs were closed for a few months.

[haroldpburton 1]

19 minutes ago, HRQX said:

It can vary wildly. One factor is if your local ASC has a backlog for biometric appointments because in the beginning of the pandemic ASCs were closed for a few months.

Is there any way to tell if our local ASC is backed up? We live in Portland OR. Do you think there’s any chance she could get her combo card within the next few months or is next year more likely?

[Lucky2Lucky 2,526]

It took our cousin 10 months-from Pennsylvania.  Applied February 2020 and received it December 2020. (If working is a priority one should never chose k1)

[haroldpburton 1]

10 minutes ago, Luckycuds said:

It took our cousin 10 months-from Pennsylvania.  Applied February 2020 and received it December 2020. (If working is a priority one should never chose k1)

Wish I had known that when we began this, but we’re stuck now. Is there any way to speed this up or do we just have to wait?

[mushroomspore 3,044]

10 minutes ago, haroldpburton said:

Is there any way to speed this up or do we just have to wait?

No way to speed it up. Otherwise, everyone would be requesting that. It is what it is. 

Edited January 7, 2021 by mushroomspore

[haroldpburton 1]

6 minutes ago, mushroomspore said:

No way to speed it up. Otherwise, everyone would be requesting that. It is what it is. 

Understood. So if you had to guess: will she get her combo card sometime this year? Next year?

[mushroomspore 3,044]

1 minute ago, haroldpburton said:

Understood. So if you had to guess: will she get her combo card sometime this year? Next year?

Probably this year. But hard to say when exactly. Mine took 8 months back in 2017-2018. COVID really put a wrench in everything. Expedite requests are available but you need to fall under one of the categories/requirements and must provide evidence. See below.

 

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

[haroldpburton 1]

1 minute ago, mushroomspore said:

Probably this year. But hard to say when exactly. Mine took 8 months back in 2017-2018. COVID really put a wrench in everything. Expedite requests are available but you need to fall under one of the categories/requirements and must provide evidence. See below.

 

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Do you have any idea if our pending RFE on our I-485 will hold this up? Should we be trying to get that resolved?

[mushroomspore 3,044]

2 minutes ago, haroldpburton said:

Do you have any idea if our pending RFE on our I-485 will hold this up? Should we be trying to get that resolved?

Yes they don't approve EAD/AP if you've got a pending RFE on the I-485. The EAD/AP is dependent on the I-485 being given the "all-clear", so to speak. But even after you submit for the RFE, it's unclear how long the EAD/AP will take to be approved.

[haroldpburton 1]

1 minute ago, mushroomspore said:

Yes they don't approve EAD/AP if you've got a pending RFE on the I-485. The EAD/AP is dependent on the I-485 being given the "all-clear", so to speak. But even after you submit for the RFE, it's unclear how long the EAD/AP will take to be approved.

Is there any way to speed up that pending RFE? They received it on 11/27 so I’m sure they haven’t even opened it yet. Just curious.

[mushroomspore 3,044]

1 minute ago, haroldpburton said:

Is there any way to speed up that pending RFE? They received it on 11/27 so I’m sure they haven’t even opened it yet. Just curious.

Nope. Again, if there was any way to speed things up with a government agency, all applicants would be doing/requesting that method. And yeah, with COVID, expect for a longer-than-usual wait.

[haroldpburton 1]

Just now, mushroomspore said:

Nope. Again, if there was any way to speed things up with a government agency, all applicants would be doing/requesting that method. And yeah, with COVID, expect for a longer-than-usual wait.

That makes sense. I think I read somewhere that if your RFE hasn’t been touched after 90 days, you can inquire about having it expedited - is that true?