How to streamline AOS and EAD steps?

[Artuicune 1]

I finally got my K-1 visa mid-november, after starting the process back in April 2021, and I will enter on January 12 (POE will be IAD). So soon we will be in the last part of the process!

 

Even better, I got a job offer in the biotech sector, valid until March 31. They are willing to be flexible for my start date to a certain extent, but of course they won't wait the full process of EAD being currently over 5 months. I have read posts on this forum, but I wanted to get some opinions about meeting that deadline through my own post.

 

In an effort to streamline the process as much as possible, ideally to make the deadline of the job offer, our plans are to get married at the courthouse on January 13. Afterwards, I will wait to get my SSN before submitting AOS paperwork. Once I did that, getting biometrics done so I can apply for the expedited process of EAD after getting reception notice of the AOS package at USCIS. 

 

A couple questions I had with this, since not everything is 100% clear to me:

• There is no issues with marrying a day after entry as far as I know, as long as we have the marriage license beforehand?
• I know guides say that for the SSN, it's best to go the Social Security office after 2 weeks in the country. Is it worth a shot to go check already after 7-10 days if I'm already in the system? I know that if they can't find me, it is better to say that I will come back and they should not do a manual search.
• Am I correct in my understanding that I need the SSN before submitting the AOS paperwork? Or do these two processes not implicate each other and can be executed independently?
• Biometrics are not needed for the AOS filing, but are required for the expedited process? If I understood correctly you can either wait for the invitation after filing AOS, but it is possible to go without an appointment and try to get them done that way? How early could I go without appointment? Do I need the reception notice of the USCIS, or could I theoretically go after getting married already?

 

Thanks in advance for the input!

[Kanja 201]

Hi,

 

What is the expedited process? You are definitely not going to make your deadline. Though I’m not familiar with the expedited process so I’m not taking that into consideration.

 

- you can marry whenever legally possible in your state 

-I don’t think it would be worth your time but I guess all you lose is gas money 

-you are not correct, you don’t need a social to execute AOS paperwork 

-I don’t know the answer to this because I’m not familiar with the expedited process 

[powerpuff 6,054]

2 hours ago, Artuicune said:

There is no issues with marrying a day after entry as far as I know, as long as we have the marriage license beforehand?

Correct

2 hours ago, Artuicune said:

I know guides say that for the SSN, it's best to go the Social Security office after 2 weeks in the country. Is it worth a shot to go check already after 7-10 days if I'm already in the system?

I’d go after 2 business days

 

2 hours ago, Artuicune said:

Am I correct in my understanding that I need the SSN before submitting the AOS paperwork? Or do these two processes not implicate each other and can be executed independently?

You do not need SSN to apply for AOS.

 

2 hours ago, Artuicune said:

Biometrics are not needed for the AOS filing, but are required for the expedited process? If I understood correctly you can either wait for the invitation after filing AOS, but it is possible to go without an appointment and try to get them done that way? How early could I go without appointment? Do I need the reception notice of the USCIS, or could I theoretically go after getting married already?

Biometrics are going to be done as part of the overall AOS and EAD process . It is true that in order to request an expedite, you would need your biometrics to be competed. You cannot go as a walk in if you do not have a biometrics appointment notice from USCIS. Once they send it, you can try to come as a walk in before your appointment date but you might be turned away. Depends on who you get at the door I guess. 
 

 

Just being realistic here - you should be ready to let that job go if you do not receive an expedited EAD. It is not a guarantee it will work 100% and be ready by your deadline. This is the downside of choosing the K1 path (which I have myself gone through). There was someone who posted the other day who requested an expedite for their EAD but hasn’t received it. Perhaps you can message them and ask questions:

 

[Artuicune 1]

1 hour ago, powerpuff said:

Biometrics are going to be done as part of the overall AOS and EAD process . It is true that in order to request an expedite, you would need your biometrics to be competed. You cannot go as a walk in if you do not have a biometrics appointment notice from USCIS. Once they send it, you can try to come as a walk in before your appointment date but you might be turned away. Depends on who you get at the door I guess. 

I see. Then I will try to walk in after I have received the biometrics appointment notice from USCIS.

 

1 hour ago, powerpuff said:

Just being realistic here - you should be ready to let that job go if you do not receive an expedited EAD. It is not a guarantee it will work 100% and be ready by your deadline. This is the downside of choosing the K1 path (which I have myself gone through). There was someone who posted the other day who requested an expedite for their EAD but hasn’t received it. Perhaps you can message them and ask questions:

 

Thank you for the input. I will definitely contact this user.

We started the K-1 process when we were still under the impression it was shorter than CR-1, but of course I understand the implications now we are here. I am planning to request expedition under financial loss, including the dated offer letter. Aside from that, I will contact a senator's/representative's office to try to get them to advocate for me at USCIS for this request.

 

If this does not work out, I will have to deal with the consequences of course and sit it out. My SO is employed and makes decent income but there will be financial strain since we will live in a HCOL area.

 

[Kanja 201]

4 minutes ago, Artuicune said:

I see. Then I will try to walk in after I have received the biometrics appointment notice from USCIS.

 

Thank you for the input. I will definitely contact this user.

We started the K-1 process when we were still under the impression it was shorter than CR-1, but of course I understand the implications now we are here. I am planning to request expedition under financial loss, including the dated offer letter. Aside from that, I will contact a senator's/representative's office to try to get them to advocate for me at USCIS for this request.

 

If this does not work out, I will have to deal with the consequences of course and sit it out. My SO is employed and makes decent income but there will be financial strain since we will live in a HCOL area.

 

I doubt the financial loss argument will be enough. Your spouse had to submit documents basically indicating they were Financially able to support you (with or without a sponsor). 

[Artuicune 1]

3 minutes ago, Kanja said:

I doubt the financial loss argument will be enough. Your spouse had to submit documents basically indicating they were Financially able to support you (with or without a sponsor). 

I appreciate your argument, and I am aware it is not at all airtight, but I do not know of alternatives. I could argue that there is also financial loss in it for the company that would be employing me, as they would lose a skilled worker of have to wait a long period in which they will be short an employee? If you have any further suggestions, they are very welcome.

[Kanja 201]

41 minutes ago, Artuicune said:

I appreciate your argument, and I am aware it is not at all airtight, but I do not know of alternatives. I could argue that there is also financial loss in it for the company that would be employing me, as they would lose a skilled worker of have to wait a long period in which they will be short an employee? If you have any further suggestions, they are very welcome.

By any chance does this job have anything to do with healthcare? I’ve anecdotally heard that they are more likely to expedite EADs for healthcare workers and healthcare fields due to the shortage in labor since the pandemic. 

[Artuicune 1]

5 minutes ago, Kanja said:

By any chance does this job have anything to do with healthcare? I’ve anecdotally heard that they are more likely to expedite EADs for healthcare workers and healthcare fields due to the shortage in labor since the pandemic. 

Unfortunately no, it is as application scientist for a biotechnology company, although their devices are used in healthcare research (cancer etc.)

[Kanja 201]

2 minutes ago, Artuicune said:

Unfortunately no, it is as application scientist for a biotechnology company, although their devices are used in healthcare research (cancer etc.)

I’m not familiar with  the application or request for expediting but it wouldn’t hurt to say you not working is delaying groundbreaking research for cancer 😊

[Mike E 11,730]

6 hours ago, Artuicune said:

• There is no issues with marrying a day after entry as far as I know, as long as we have the marriage license beforehand?
• I know guides say that for the SSN, it's best to go the Social Security office after 2 weeks in the country

Delay marriage until the trip to SSA.  
 

Go to SSA 2 business days after arrival into USA as @powerpuff wrote. 
 

Fwiw we did.  Even in 2019 a growing chorus on VJ said 2 weeks was too conservative.  
 

As I recall,  the SSA clerk asked my fiancée if she was married. She was not. 
 

So go to  SSA in the morning and then get married later that day. 
 

Since you have a job offer, and thus will have future income, I suggest that while saving money through DIY is virtuous, a DIY I-765 expedite might be penny wise and pound foolish. So I would be now lining up a lawyer to takeover the entire I-485 process, with  the lawyer understanding that you want I-765 expedited and if necessary litigated.
 

With a signed job offer this should be a routine case for an experienced litigator. 
 

Make sure to go the state motor vehicles department with no less  than 61 days left on the I-94 authorized  stay.  

[Marieke H 2,365]

If you go to the SSA after your marriage, they likely will not be able to issue a SSN to you, because the records in the system (from when you entered the country) do not match your current status (you are married, while you entered the country as single). You would then need to wait until you have some kind of government issued documentation (and EAD or green card) before they can issue a SSN.

 

You do not need a SSN for the AOS application; you will need one for the new hire paperwork at your job. So it would be nice to have that done already, but it usually doesn't take very long to get done.

 

Because EADs are taking so long right now, USCIS is getting tons of expedite requests; chances of approval are small, but you could be lucky. I attempted to expedite my EAD years ago, after I had been waiting for 6 months already and I had started to look for jobs because I thought I would get my EAD "anytime now". I still don't know if my expedite request and the Senator's involvement actually affected anything or if it was just my time to get that approval, but about 6 weeks after I got the job offer I received my EAD.

 

You have a VERY short timeline; you would need to get so much done in just 2.5 months: arrive in the US, get married, submit AOS, get receipt notice (this can take weeks), get biometrics notice (this can take weeks or months), request the expedite, submit requested documentation, the expedite requests needs to be processed (this can take weeks) and then finally you would need to receive your EAD (and get a SSN if you haven't done so yet). I think 2.5 months for all this is not realistic. You'll need to ask for some flexibility with the employer's required start date, or you would have to let this job go. 

[SalishSea 16,978]

11 hours ago, Artuicune said:

expedited process

There is no such process.

 

Anyone may request an expedite; the requirements for seeking an EAD are no different.

 

A written job offer will increase your chances.  It is still unlikely you will be working 5 months after POE.

9 hours ago, Kanja said:

What is the expedited process? You are definitely not going to make your deadline. Though I’m not familiar with the expedited process so I’m not taking that into consideration.

There is no "expedited process."  It is a request.

[SalishSea 16,978]

7 hours ago, Artuicune said:

I see. Then I will try to walk in after I have received the biometrics appointment notice from USCIS.

 

Thank you for the input. I will definitely contact this user.

We started the K-1 process when we were still under the impression it was shorter than CR-1, but of course I understand the implications now we are here. I am planning to request expedition under financial loss, including the dated offer letter. Aside from that, I will contact a senator's/representative's office to try to get them to advocate for me at USCIS for this request.

 

If this does not work out, I will have to deal with the consequences of course and sit it out. My SO is employed and makes decent income but there will be financial strain since we will live in a HCOL area.

 

Expediting under financial loss can be a catch-22, as your spouse is expected to be able to financially sponsor you.  See how that might backfire?

[GCG 9]

6 hours ago, Jorgedig said:

Expediting under financial loss can be a catch-22, as your spouse is expected to be able to financially sponsor you.  See how that might backfire?

 

12 hours ago, Artuicune said:

Unfortunately no, it is as application scientist for a biotechnology company, although their devices are used in healthcare research (cancer etc.)

Thanks for reaching out @Artuicune

As I said in private, I agree with others here that chances of expedite being approved in such a short timeline are very slim. If not backed by a strong evidence (and/or compeling storytelling) listed in USCIS' list of expedite categories, most likely will be denied.

I, myself, am a healthcare worker (biomedical researcher), I have a job offer for a very specialized and highly regulated FDA position and they are just basically ignoring my request. Beyond being a healthcare worker, it's base as well of financial loss (almost 5 months AOS without a salary is a third of our family's income - I used to work under a H1B), also the company can't hire anybody else because it's a very specialized position, they are losing literally millions and research that could be saving lives is being postponed, still USCIS doesn't give a(removed)! 😃 

I wish you best of luck on your travels, wedding and future application - but don't keep hopes too high about actually starting this job anytime soon.

Edited January 6, 2023 by Ontarkie
by-passing language filter

[Artuicune 1]

6 hours ago, Mike E said:

Since you have a job offer, and thus will have future income, I suggest that while saving money through DIY is virtuous, a DIY I-765 expedite might be penny wise and pound foolish. So I would be now lining up a lawyer to takeover the entire I-485 process, with  the lawyer understanding that you want I-765 expedited and if necessary litigated.

Thanks for the general info. I will look into hiring a lawyer to do this. If you have any indication on where to start searching for one, it would be appreciated, as I don't have any experience with lawyers.

 

1 hour ago, Jorgedig said:

Expediting under financial loss can be a catch-22, as your spouse is expected to be able to financially sponsor you.  See how that might backfire?

I understand and agree that this is true. However, afaik the income treshold my spouse is expected to meet is determined nation-wide, right? So living in HCOL area still has implications, and I had hoped that it could be used as part of the argument when expediting the process.

 

2 hours ago, Marieke H said:

If you go to the SSA after your marriage, they likely will not be able to issue a SSN to you, because the records in the system (from when you entered the country) do not match your current status (you are married, while you entered the country as single). You would then need to wait until you have some kind of government issued documentation (and EAD or green card) before they can issue a SSN.

Thanks for pointing this out, I will adjust my planning accordingly. SSN on 2 business days later, and getting married afterwards.