Is expiring Driver's License reason for expediting EAD?

[EatBulaga 316]

Hello AOS filing experts,

We are K1-to-AOS along with EAD and AP. 

My foreign spouse wife has extended her state driver's license expiration using the AOS I-797C for an extra 4-months, which is the state one-time extension from the I-94.

The next extension will require the EAD card.

I have the feeling that we will not get the EAD within the next 4-months so she will not be able to drive after the license expires, especially that our USCIS earliest inquiry date for EAD is July 6, 2023.

https://egov.uscis.gov/processing-times/

Is an expiring driver's license reasonable grounds to request expedite EAD?

Thanks in advance for any response.

 

Edited September 16, 2022 by EatBulaga

[powerpuff 6,728]

~~ Topic moved from AOS K1 to Working & Traveling during US immigration where EADs & expedited are discussed ~~
 

I have never heard of an expiring DL being grounds for an expedite. Personally, I don’t think that’s reasonable grounds for an expedite, but you’re free to try. 

[OldUser 6,865]

@EatBulaga I don't think this is gonna work.

[Verrou 1,962]

1 hour ago, EatBulaga said:

Hello AOS filing experts,

We are K1-to-AOS along with EAD and AP. 

My foreign spouse wife has extended her state driver's license expiration using the AOS I-797C for an extra 4-months, which is the state one-time extension from the I-94.

The next extension will require the EAD card.

I have the feeling that we will not get the EAD within the next 4-months so she will not be able to drive after the license expires, especially that our USCIS earliest inquiry date for EAD is July 6, 2023.

https://egov.uscis.gov/processing-times/

Is an expiring driver's license reasonable grounds to request expedite EAD?

Thanks in advance for any response.

 

I did try and got denied 1 time, got ignored 3 times. And then suddenly it got approved. My reason because I can’t go to work without driving a car. Public transportation is no go 

Edited September 17, 2022 by Misscloud

[EatBulaga 316]

15 hours ago, Misscloud said:

I did try and got denied 1 time, got ignored 3 times. And then suddenly it got approved. My reason because I can’t go to work without driving a car. Public transportation is no go 

So did you already have a job offer before requesting an expedite EAD?

 

In my foreign wife's case, she has not looked for a job because of no EAD. But she does have a driver's license, which will expire in 4-months, but need an EAD or GC to extend the expiration of the driver's license.

Edited September 17, 2022 by EatBulaga

[Verrou 1,962]

4 hours ago, EatBulaga said:

So did you already have a job offer before requesting an expedite EAD?

 

In my foreign wife's case, she has not looked for a job because of no EAD. But she does have a driver's license, which will expire in 4-months, but need an EAD or GC to extend the expiration of the driver's license.

I already worked with EAD from asylum. Then I expedite when I applied EAD from marriage case. So when I finally got the EAD from marriage then I can renew my DL 

[EatBulaga 316]

Greetings to those interested,

I just wanted to follow-up that we did receive the EAD/Combo Card (I-766/I-512) with an I-765 expedite request. You can see the details on our Timeline and Profile. At the time of this post, about 75% of the cases with the similar receipt numbers as ours were still pending, so consider us blessed with our expedite request.

https://www.casestatusext.com/forms/I-765/IOE-LB

 

Our reason for the expedite was for "Emergencies and urgent humanitarian reasons" since my foreign spouse's driver license was expiring in January 2023, and she has been helping to drive my elderly Mother to the doctor or to run caregiving errands. 

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

For our state, non-US citizen K1-to-AOS filers can only be issued a driver license/permit/state ID to the I-94 expiration date, and granted one 4-month extension with the I-485 NOA1 I-797C. To extend past the 4-month extension, an EAD or GC is required. Again, each state can have very different driver license requirements for non-US citizens so you will need to look up your state's driving requirements.

 

Here are some lessons learned from filing the I-765 expedite request (see our Timeline or Profile for the details).

 

1. To query the online live agents chat, they usually want your Case Receipt Number, Name, alien number, email, phone number, address, or more. The online chat is VERY slow so typing in all those info is a pain sometimes. So best to try from a fast computer using Chrome.

 

2. It may take more than 1 expedite request. We ended up filing 2 separate requests and USCIS gives very specific long expedite filing numbers each time that are very different from your receipt numbers, which you need to write down. So have a pen/paper ready. And you may refer back to that very specific long number to check later with Emma online or online live agent for status.

 

3. Both of our expedite requests were by phone talking to a live agent. The phone agent doesn't really know much more than the status that you can already see in myUSCIS or Case Status. But they can take your expedite request verbally. And you need to explain slowly using one of the reasons because they have to type in what you said. The problem is that you can't verify what they typed. So best to keep your reason short and succinct like: I request an I-765 expedite for "Emergencies and urgent humanitarian reasons" because I need to drive my elderly Mother-in-law to the doctor, etc. And in the end, they will give you a very specific long filing number.

 

4. The USCIS case worker emailed us for "additional information", and instructed us to FAX in the "additional information". Yes, FAX. 

https://www.visajourney.com/forums/topic/786775-july-2022-aos-filers/page/8/?tab=comments#comment-10788044

Make sure you provide the necessary documents to support your reason--not just a long written plea to USCIS. Our total fax was 18 pages with 1 header page, 1 written letter, and 16 supporting pages of evidence like IDs, doctor visit receipts, pharmacy receipts, expired licenses, state driving requirements for non-US citizen, etc. and describing what each of those evidence is supposed to prove for our reason in the written letter in somewhat chronological order.

 

5. Now that we got the EAD/AP Combo Card (I-766/I-512)--we can't just jet away overseas or have the foreign spouse just get any job. My foreign spouse did update her driver license with the Combo Card, and will continue to help drive and take care of my Mom. We have to continue to build our evidence and anticipate for the next interview (whether it be I-485, I-751, or N-400). USCIS may well ask the foreign spouse "how is your Mother-In-Law?" And we need to show specific evidences of how having the Combo Card and driver license helped.

 

Sorry for the long read. But I'm documenting this not only for myself, but also so I can refer others to this whenever someone asks how did we do the I-765 expedite request.

Edited January 28, 2023 by EatBulaga

[OldUser 6,865]

Thank you for sharing your experience of expediting @EatBulaga

 

I'm glad it worked out. I wish your original post included information about the reason for expediting EAD, which was your foreign spouse helping your mother.

 

[EatBulaga 316]

2 hours ago, OldUser said:

Thank you for sharing your experience of expediting @EatBulaga

 

I'm glad it worked out. I wish your original post included information about the reason for expediting EAD, which was your foreign spouse helping your mother.

 

I didn't include the reason in the original post since 1) I didn't realize there were a set of standard reasons that USCIS accepted, and 2) at the time, we didn't really depend on my foreign spouse to help my Mom like she has been doing. So after a few of months of marriage, we have really grown as a family depending on each other.

 

So the lesson is if you have a situation that falls under the set of standard reasons from USCIS site and have the evidences to support the reason, then expedite may be an option. And two, start collecting evidences of how your relationship is growing while waiting for the AOS. You may not realize how dependent you are on each other, which shows bona fide marriage for expedite, upcoming interviews, etc.