mervin338

Her I-131, advance parole, that was from the AOS is not the same as a re-entry permit for someone staying outside the USA for extended periods of time.

Keep in mind she just got her green card. Is staying outside the USA for 6+ months a good idea when she needs to be applying for ROC in 2 years. I don't care why you need it, so no explanation is needed here, obviously; however it's something to put into your mind to think about.

Got it, thanks for clarifying. And yes, I was very confused.

hi

ditto,

as I said, she applied for advance parole, which was canceled once she had her GC, she doesn't need a reentry permit to travel for 6 months

if for some reason she would need to be out of the US for over a year, she must apply for the reentry permit, which would be filing another i131, but this time as a reentry permit after she got her GC

Thanks for your explanation.

~~moved to travelling and working during immigraiton from K1 process and procedures~~

That I-131 was her advanced parole. She doesn't need a reentry permit with a green card unless she plans on staying out of the USA for a year or more. With the green card (and passport) she can leave and enter the USA.

The I-131 is her also her application for a re-entry permit. And leaving the US for a long period of time is exactly what she plans on doing, which is why I'm asking. All these forms have been approved, but we still don't have any sort of card, or stamps that says re-entry permit. She'll be gone for 6 months.

My wife had her I-131 approved last year, as part of her I-485 and 797, but I don't have any sort of piece of paper or stamp in her passport that says "re entry permit." They didn't give us anything at the bio-metrics appointment either. This may sound silly, but where the heck is she supposed to find this permit that she's supposedly been approved for? Is it hard-coded into her green card?

Is the approval notice we received from USCIS her permit?

What did they say? Do they know they can actually hire her?

The store manager pulled out the corporate rule book which she said indicated that no one with a temporary social security card was eligible for employment at H&M clothing store. I don't think they were trying to find an excuse not to hire her, if they were, that's not the kind of excuse they would use.

I told the manager very clearly that she's eligible for employment. The manager is a young girl, and she's probably misunderstanding what the company rules really state. Regardless, there's lots of these types of jobs out there. We'll just move on and find something else.

Employers must accept a valid EAD as proof of employment eligibility, and it's illegal for them to deny employment based on what you've outlined above (unless citizenship/residency is a legal requirement for the position). I don't have any practical suggestions for dealing this, but it would pay to read up on the rules so you can approach this with all the facts.

The EAD card is itself the DHS authorization that the note on the SS card references. The only thing that condition means is that the SS card, if presented on its own, isn't proof of work authorization. But the EAD absolutely is.

A lot of information is available here: http://www.justice.gov/crt/about/osc/htm/facts.php#ead

As someone posted above, employers are indeed ignorant. I actually called the H&M clothing store my wife was interviewed at and told them she's legally eligible to work and that her social security card was valid, regardless of what they disliked about the language on the card. This was her second interview, and they were prepared to hire her.

You're right, there aren't any practical ways to deal with it, other than to have her look some place else for a job.

The SSN is permanent; 'temporary' numbers are not issued.

The EAD is the authorization from DHS that the statement on the card is referring to.

Employers, like people, are often ignorant of these things.

They will remove the statement after LPR has been granted; she can revisit the Social Security Office when she has her Green Card and have another card issued without the disclaimer. In the meantime, the only recourse is to 'gently' educate potential employers on why this SSN/EAD combination are perfectly valid for employment.

Of course the number is permanent, I was implying the language on the card isn't permanent. You're indeed correct about employers being ignorant. Finding her a job has proven to be a lot harder than I expected. Even menial retails jobs are not as easy to get as I thought and she's starting to get upset no one wants to hire her.

Thanks everyone for your advice.

Make sure her ssn card has the wording "valid for work only with DHS authorization" . If it does not say it, then go back to the ssn building with the EAD, ssn card, passport, etc so they include that phrase on the card.

This is exactly what her card says. She presented her EAD card to the social security office, which is how she got her SSN to begin with. I find it very strange that some employers won't accept this for employment.

Ok, so my wife received her EAD and her social security card a little over a month ago, though we're still waiting for her green card interview. Regardless, she's got everything she needs to legally work, but it seems that some employers won't hire her a job because her social security card has that temporary stamp on it? She was turned down for a job today because of it. I was flabbergasted. What's the point of having an EAD card and a SSN if employers won't accept it? I'm sure this won't be the case with all employers (at least I hope not), but it's certainly troubling, to say the least. Anyone had experience with this?

Usually there is a statement when the status changes online regarding receiving a notice within 30 days. I would suggest calling the National Customer Service Center number (I believe it is 800 375 5283) on Wednesday which based on your date above would be 30 days.

Good Luck!

Yep, you are correct. I called USCIS last week and they said the webpage would be updated when the interview was scheduled. For now, I'm still waiting.

*** Thread moved from AOS/Family-Based main forum to the Case Progress subforum. ***

[Moderator hat off]

It might be that bad weather across the country has adversely affected scheduling, even in temperate climes. Be patient awhile longer, then consider setting an InfoPass appointment to inquire.

Are you being serious? Weather is the last thing I'd imagine would be causing a delay. I was thinking that maybe they mailed the notice, and the letter got mis-delivered. What I'm wondering is, if the letter did get mis-delivered, would the case status change to say the letter was mailed and an appointment had been made? I'm thinking the current case status already indicates the letter was mailed.

My wife has received her travel documents and her employment authorization card, but no letter stating when her green card appointment will be. Yet the USCIS website has the following message when I type in her case number:

"As of February 17, 2015, we are ready to schedule your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number #####, for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice."

It's strange that it's now mid March and we still haven't received a letter for an appointment the USCIS webpage said was ready to be scheduled almost a month ago. Is this normal?

Take a look at the EAD and see if it is also the I-512 advance parole. Typically, when you app;ly for EAD and AP, they send a combo card which has both documents on it. I cannot remember if it is on the back or near the bottom, but it should state it acts as advance parole as well as employment authorization.

Dave

Wow, thanks for mentioning that to me, I think it does say it. I had no idea they were part of the EAD. I'll look when I get home, but as I said, I seem to recall it says advance parole.

An update, just to document my case which may be helpful to other members:

I wound up accidentally omitting some info that I was supposed to send in with the I-485, so they mailed everything back to me and said to provide my tax returns and banking data. I thought I'd included both, but I guess I didn't. Regardless, I was glad they returned my documents because it gave me the opportunity to resubmit the I-485 with the I-131 that's I'd previously neglected.

And for the record, you don't need to submit more than 2 passport photos with the I-485, I-765 and the I-131, provided you submit them all together. I sent in only 2 and they approved the application the 2nd time around, no problems. We did biometrics in December and 2 days ago she finally got her EAD card. I'm still waiting for the travel documents and the I-485 approval letter. According the the USCIS website, my case was approved about 10-12 days ago.

You apply. They send off the application to the main office. The main office assigns the SSN and mails it out to you. You can go back after a few days and request a printout of the number--we did this because the USPS returned my wife's SSC because her name was not on the mailbox. So we went in to see why she had not received her card and had them mail it to the local office and got a printout of the number.

Dave

That's some very good advice. I might do that.

You'll get your SS card in the mail. The number is not assigned on the spot.

Thanks for the response. I guess I was mistaken. Though I thought I'd read other people claim they were issued a number immediately, but waited for the physical card to be mailed.

Please correct me if I'm wrong, but I was under the impression that the social security office was supposed to issue you a number at the time of application? The office I went to today refused to do that. They said they have no way of knowing what card number would be assigned, and that I'd have to wait 10 days for the physical card, with the number to be issued. Am I wrong to think otherwise?

Took me about 5 weeks to get one. I don't know why you're surprised. When it comes to government, don't expect fast results. And to put your 42 days in context, I mailed off my wife's I-485, I-131 and I-765 back in November, did the biometrics shortly after receiving the case number, but I'm still waiting for them to approve her travel papers and work release.

You will just have to convience her that if she does get that wild hair to leave, she will be able to vist her mother for a very long time as you will be force to file for a spousal visa and wait about a year for it to be approved. How long has she been apart from her mother anyway? What's a few more months? If she does leave before the advance parole (AP) or GC is issued the AOS wil be denied and that is when you have to file the spousal visa if she wants to return.

Good luck,

Dave

She knows, believe me. I was just trying to say she's hot blooded and she has unreasonable expectations sometimes. She's been here for less than a year. I waited several months after we got married to file the I-485 papers, which admittedly, I shouldn't have done. But that's a whole different story I don't want to address.

Yes, you need to submit passport photos and all the supporting evidence required for the I-131 as this form is processed separately from the I-485 (adjustment of status) form.

From the I-131 instructions, what is needed:

1. Copy of photo ID (e.g. passport biographical details page)

2. Copy of document showing present status (e.g. K1 visa page in passport)

3. Copy of USCIS receipt (I-485 NOA1)

4, 2 passport sized photographs taken within 30 days

Follow the sample I-131 form on VJ: http://www.visajourney.com/examples/INS-Form-I-131.pdf. Include a freshly filled G-1145 if you wish to receive text/email notifications once the I-131 forms have been received.

Very helpful. That's exactly what I wanted to know; albeit it's annoying that I have to submit more passport photos and all the other nonsense required - again.

Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007.

Those instructions are from the I-131. From that it's clear that you can't submit the application without the NOA1 for the AOS. Did you send the I-765 as well? If not, you should send that as well. The EAD/AP can take up to 3 months to be issued, so your wife wouldn't be able to travel until this doc is in her hand. By the way, if you sent the I-765 already, you would receive a separate AP doc, which I believe is in the form of a letter.

Yep, I sent off the I-765 with the I-485.

You seem to know what you're talking about a lot more than I do, regarding the I-131, so I'll probably just wait for the AOS letter at this point. LOL, and you should never put it past my wife to do whatever she wants, regardless of what USCIS wants her to do. There's no doubt in my mind she'd get on a plane and fly home to Russia, regardless of what documents USCIS gives here, if she decides they're taking too long to process them, and then leave me with the nightmare of trying to figure out how to get her back to the US. Russian women are crazy this way.

 

I don't know about that. That I'm aware of you either have to send it with the AOS, or with the NOA1 for the AOS, in order for it to be free. The NOA1 takes like 2 weeks to receive, it's the receipt for the application.

Well, if it's only 2 weeks than I'll consider just waiting. My wife is the one getting on my case about this and wanting me to send it off immediately. She's mad that she hasn't been able to see her mother in so long and she's itching to go home to Russia to go see her. She's even more irritated that I didn't mail off this document with I-485 paperwork last week. I think I'll call USCIS tomorrow and see if someone can clarify this.

My apologies for posting in the wrong forum.

 

You have to wait for the NOA1, then send a copy of it with the I-131.

Thanks for the reply. I'm a bit confused though.

I've read many people say they sent it off at the same time as their I-485, or shortly thereafter, well before they received a notification of action letter.

Do I need to take new passport photos of my wife, and provide copies of all her passport pages again if I forgot to mail form I-131 along with her change of status forms? I'm thinking I won't, but I wanted to see what other people thought.

I mailed her I-485 literally 5-6 days ago, so it's still being processed obviously.

Mervin,

Went through the same hassles trying to pay by credit card. The message I rec'd states something to the effect that the bank has declined payment... While my calls to the bank they say they have no record of receiving a credit request. My guess it that they've blocked it permanently because you are waiving your right to dispute your charge, which is a violation of federal law? Probably would work with a Russian credit card though.

- I ended up going with my fiancee to a VTB24 branch and paying by cash. It was easy and the receipt has the date-number you need to schedule the interview. Download the pdf for the 240.00 VTB24 Payment Slip - $240 MRV Fee

BTW just enter any numbers for passport... doesn't get added to the form.

Good luck!

Hope this would be helpful

https://payusvisafee.rsb.ru ( switch to english in the upper right corner)

here is the direct link for payment

It is from us embassy site, you can find it here, http://ustraveldocs.com/ru/ru-niv-paymentinfo.asp#options, chapter Credit Card.

K1 visa is non-immigrant, and you have to pay $240 ( or 7290 rub )

Do not forget to put HER date of birth! It is really important.

You wil have to wait ( I waited for 24 hours approximately ) until their system recognises your payment, and than you will be able to see possible for interview dates.

good luck!

Thank you both. Some very helpful information.