bhlloy

Hi all,

I recieved three letters today dated August 8th - two telling me that I needed to make an additional appointment for the additional biometrics but one saying that I had been approved and the card was in the mail. I have also recieved an e-mail stating this.

Of course, I'm sure that this isn't possible (to get the card without the interview), but I'm also worried that somehow they have screwed the case up or I have missed something previously that is going to be held against me. Anyone have any experience with this? The two letters regarding the biometrics state "In processing your case we have reached the point where we need you to make an appointment to go to one of our ASC's to have additional biometrics done...." - is this the standard letter for the biometrics before the interview?

Thanks again in advance.

Yodrak - yes I am applying as c-9. I have not had an EAD before. I had exactly the same discussion with the hiring manager at my potential job on Friday - she has hired plenty of people whose EAD has expired on the basis of a receipt, but I can't see any way that I can tick "yes" on section 1 of the I-9 - unless a) as zixuandavid is arguing USCIS does consider K1 work authorised and just doesn't bother to tell anyone about it or B) my e-mail(s) saying that my case has been approved are "good enough" to allow me to tick that I am work authorised. And even if B) is the case, I still don't have a card number or an expiry date to enter in section 1, so I still can't fill it out in full.

At the moment I am playing it safe - I'm going into Santa Ana DO on Thursday and seeing what they have to say. I really appreciate both you guys input on the matter.

Zixuandavid - you haven't pushed it off my concerns at all. Both my wife and an immigration lawyer I went to a while back both fully agree with your view. I also appreciate what you are saying - BUT even you say that USCIS are only just coming around to that view and that their Code of Federal Regulations do not support that K-1 is work authorised without EAD - and as USCIS are the ones making the decision on my GC, I'm just not willing to take a chance on it.

http://www.visajourney.com/forums/index.php?showtopic=21313

Thanks - that is very helpful reading. From what I am reading that only appears to apply to replacement documents though as in the other thread - if I never recieved the document, is that still going to apply to my case? I guess the short answer is if the card doesn't turn up to call the NVC and go from there.

Hi All,

I have a bit of a problem with the mail in my area, especially with official documents and it's been well over a week since my EAD approval e-mail arrived saying that they were sending the card. I'm getting a sinking feeling that my card has been lost in the mail - as have a number of other less important documents from INS over the past 6 months.

I have a job offer and the employer is willing to employ me right now on "good faith" - i.e. that I have been approved, I am legit to work and all I am waiting for is the physical EAD card. On my side, is this a) completely illegal or B) likely to prove a problem down the road with INS? Or will INS look at it as I have already been approved, and the EAD is just the burden on the employers side for them to prove that they can employ me? When I went to an immigration lawyer earlier in the year this was basically what he said - that K-1 is legally authorized to work but an employer cannot employ you on their side without I9 proof - which is basically an EAD or green card. I do not want to do anything remotely illegal or that will jeopardize my status here as a K1.

This brings up a second question - if the card has been lost in the mail, what sort of timeframe am I looking at for a replacement? Will INS even believe that I haven't recieved it?

Any help or guidance as always is greatly appreciated

bhlloy,

If you married within the 90-day time period allowed after entry on a K1 then you do not need to submit an I-130 with the I-485.

Yodrak

Thanks so much!

Hi all,

I went to the USCIS local office in Los Angeles this morning to see about my work permit being delayed, and was told by the officer there that I would recieve (another) RFE because I had never filed I-130 after we were married. I came in on I-129F and this is the first I have ever heard of it. I had thought that the I-130 was strictly for couples who were married outside the US and wanted to enter based on married status. He showed me an I-485 form that looked completely different to the one I filled out (looked a lot older and crappier) that clearly said that I-130 was requisite for AOS. I told him that as far as I was aware this wasn't the case - at which point he basically said that was fine, but if I didn't send it in I would get another RFE. The original RFE mentioned nothing about needing this form. He also then wouldn't discuss the work permit at all

This has freaked me out a bit so I would appreciate somebody clearing this up for me. Am I missing something on this site so completely obvious, because I thought all I needed was I-129F approval and marriage certificate to adjust (and the I-485 I filled out seems to confirm this). Thanks in advance!

We got an RFE also for not having ours. We had to file the form I-824 & $200 to get a new copy. Check out my timeline if you want to see how long the process took us.

Thanks for the advice guys. Is this also going to hold up my EAD?

Hi all,

I appear to be in a very bad situation. I have completely lost the final NOA (I797) that was sent with the Fiancee Visa, which is a requirement for AOS and EAD. I had filed AOS 2 months ago with a full explaination of this and enclosing other "proof" of the I129F, but just got the RFE back today that says they must have it to proceed. I have all other documents from the embassy but I have no idea where this particular document is (I actually think that the immigration officer at POE mistakenly took it, or maybe I forgot to pick it back up)

Anybody have any experience with this? I've e-mailed the embassy but I doubt they will be able to mail me a copy. Beyond calling the NSC on Monday and making the next possible infopass appointment to speak with an immigration officer, I am at a complete loss. Any help or reassurance would be greatly appreciated.

Just a quick question, does anybody know if the option of filing the I-765 (EAD) with the AOS receipt at your local office is any quicker than just mailing the I-765 with the AOS packet to Chicago?

Anybody who has gone this route - I would be very grateful to hear your experiences.

I'm also assuming that the information on this site is correct and LA county office does still allow this practice.

Thanks in advance!

Hi all, just a quick easy question (I hope)

My USC fiancee has come straight out of university into a job and as such doesn't have any years of tax history for Part 4 - question C. The form states that in that case, she needs to provide an explanation, which is fine, but there doesn't appear to be a corresponding box to tick. Do we just leave that question blank? If so, where do we put the explanation?

I also have someone who is willing to co-sponsor if necessary. Is the lack of tax history something that will hurt my case (my fiancee is making way above the poverty line, so income isn't a problem, but she's only been in the job a couple of months)

Thanks in advance

Hi guys,

I'm getting married in a couple of weeks and naturally I'm keen to get EAD as soon as possible. I've read on this site that as of OCT 2005 the Los Angeles field office will accept EAD applications in person with a valid NOA for AOS. I was just wondering if this was still the case, and if this is at all quicker than sending the EAD with the AOS to Chicago?

I've tried to get in touch with the office themselves, but can't find any number other than the national service center which doesn't seem to be much help (all automated messages) and don't really want to have to schedule an InfoPass appointment and travel all the way downtown just for a five minute chat.

Thanks in advance