speedster

Actually going to note that she isn't in AOS yet as she's TPS status and we still have to get a AP for her legal entry

Hey there, my now wife is still awaiting her EAD since Feb, we went to SSA to change her name, they said no cause her Plastic EAD is expired (she has an extension letter so it is still valid), and her USCIS name shows her maiden name, SSA said we have to change the name on the EAD first,

how can we go about changing that while it's still in process?

Will it now take more months to wait for USCIS to change he name on the incoming EAD?

Bumping this topic, from our VJ timeline it seems like she'll getting her EAD right around our wedding, so to follow up my question is should we just wait till her EAD comes get an expedited AP to see her sick family member or wait for the EAD/AP combo card?

Answering the question above I don't think having the same cover letters is an issue? Or well it shouldn't be because it's just our the person explaining the documents in hand and the situation. 🤔

13 hours ago, TM92 said:

Since you mentioned that TPS for your fiance's country ends in January 2019, I assume she is from Nicaragua. Her EAD has an expiration date of January 5, 2018, but USCIS automatically extended it to July 4, 2018 because she filed to renew her TPS (see https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nicaragua and https://www.federalregister.gov/documents/2017/12/15/2017-27141/termination-of-the-designation-of-nicaragua-for-temporary-protected-status). Advance Parole is her best option because (based on your profile) she resides in the Third Circuit (Delaware, New Jersey, Pennsylvania), not the Sixth (Kentucky, Michigan, Ohio, and Tennessee) or Ninth (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington (state)) Circuits: http://www.visajourney.com/forums/topic/656548-tps-beneficiaries-that-entered-illegally-may-adjust-status-if-they-reside-in-the-6th-cir-or-9th-cir/. With advance parole she can travel back to the US from any country, so Nicaragua is just one of many options. If she wants to visit Canada she will need a Canadian visitor visa (costs 100 Canadian dollars plus 85 Canadian dollars if biometrics are required), with current processing time of 16 days not including transit time between the VAC (Visa Application Centre) and IRCC (Immigration, Refugees and Citizenship Canada) office. If she wants to visit Mexico she will need a Mexican visitor visa (costs $36 US dollars), and it can take up to ten business days to process. Or she can visit any of the 71 countries that are visa-free for Nicaraguan citizens: https://www.passportindex.org/comparebyPassport.php?p1=ni&fl=&s=yes. She can apply for advance parole at any time before or after your wedding. Once she has entered the US with advance parole and you are married, then she can file for AOS from TPS. When she files for AOS she will have legal status as a pending AOS applicant so don't worry if her TPS expires. She can also apply for a free initial EAD (or EAD/Advance Parole combo card) under (c)(9) "Pending adjustment of status under Section 245 of the Act" category with her AOS packet.

 

Thank you for the response! I do see what you're saying, I have other questions too. 

The EAD card is expired but of course because she is renewing the current card status is valid under the federal registrar notice, should we wait to get an expedited AP when her renewal EAD comes in or should we try to get the expedited AP now.

Also while of course AP is a risk to take is it a difference if you use AP with TPS or under AOS pending status?

Kinda in the same boat as you, but I thought I heard that even if you entered the US illegally for example at age 2 and got TPS in the US 2 months later I thought something like that excludes you from needing a petition wavier, but of course you need AP to leave and be paroled into the USA....right?

Hello all,

So my fiancee is TPS which is ending upcoming January and we're getting married in May the issue is that she still need to enter legally as she came to the USA illegally but we're trying to see once her renewed EAD comes (still waiting since January), to get Advance Parole and then of course be paroled into the country. With that then when we get married we'll do all the AOS married to me (USC). Will she have any issues with having TPS or her coming EAD From TPS when we apply for AOS or it doesn't matter?

Also when we apply for AOS can she still legally stay in the USA when her TPS expires?

1 hour ago, f f said:

both parents arrived at least 22 years ago since they met here and he is at least 21 years old to be able to petition.

Yeah they came a while back

On 8/8/2017 at 9:58 PM, Boiler said:

Name she used?

I think she does as well but like f f said she doesn't have any literal proof of her coming here under that name. 

1 hour ago, f f said:

nope

 

just make sure a few say the same thing to make sure one is not wrong.

 

what information do you know about how she arrived?

date? flight number? airline? city she flew to/from?

Well she knows the flight, airline, day she came, and origin and destination, which makes me question how that FOIA is taking more than 6 months.

On 8/2/2017 at 11:11 PM, f f said:

it never stops them from saying they can if you pay for the deluxe service.

 

OP consult with a few lawyers to make sure the one you chose knows what they are doing and they are not just milking you for money.

Any tips on finding the right one? Cause my mother is currently working with a lawyer that's trying to find the i-94 she came with and temp employment authorization they gave her via FOIA but it's been over 6 months now.

4 hours ago, Roel said:

I say find a lawyer. 

Oh yeah i know that for both of them lol

I was just seeing if anyone has a similar situation or spread their knowledge on tips and all.

41 minutes ago, Boiler said:

They file an I 102 to obtain duplicate I 94's showing they were inspected.

Yeahhh not sure if they remember anything at all for their old I-94, since they came like in the late 80s, early 90s. Also doesn't CBP throw out those I-94s after a certain period of time? Out of knowledge?

Thank you for all the information and too fill in the question marks, my mother arrived here under a different persons name and was inspected with that, she doesn't have that passport with her at all, the SSN is actually under the name she had a false marriage with (ovbsly not married anymore) and father pretty much just owes couple thousand in child support, and he also doesn't have the passport he came with here either. 

6 minutes ago, missileman said:

Please clarify.........Where do your parents live now?  

Sorry should've said that but both parents still live here in the US near me.

Hello all!

So I personally am a US Citizen but both of my parents are not....My mother was brought over here under another name and all via airplane, and she also has a SSN under her actual name. My father came to the US with a visa and he overstayed it. Both of my parents met I was born (yippee) they separated and never got married. Now I am reaching the age that I can get my mother and father a green card. I know both of them are different situations so I was wondering how I should go about with adjusting both of their statuses and an guessimate on how long as well maybe? Also will petitioning for both mom and dad now affect my petition for my future wife/finance down the road?

Thank you for all the help! P.S. I wasn't too sure if I posted in the correct area.