ShinyDaisy
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Posts posted by ShinyDaisy
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The entry being legal is not important, as he violated the law 3 times. You not being a US citizen either leaves a lot of questions to be asked.
Your case is not unique. There are many people who have overstayed. The only unique part is overstaying 3 times, which is an enormous red flag. Immigration to the US for both of you seems like it shouldn't be your Plan A.
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I wish I'd seen some more posts about people's experience with a successful EAD expedite process when we were going through it to have some idea of what to expect, so I want to share our experience and would also like to invite others to share theirs. Note: we did not apply for AP. I am not sure if this make a difference in the time.
We filed for my husband's work authorization in mid January of 2019, and at the time we filed, the processing times for EAD were estimated at 4-6 months. We knew at the time that I was several weeks pregnant and figured based on that estimation that he would get the work authorization 2-3 months before the baby was born. My husband got a job offer in late May, when we were expecting the work authorization to come any day....aaaaaand then they increased the processing time estimation to 8.5 months, which would have put us past the time the baby was born (and therefore in financial straits). So we attempted to expedite and got approved. We submitted the following paperwork:
- my husband's offer of employment
- my husband's appointment to take a drug test for his job (the date had already passed, and he had passed the drug test)
- a letter from my OBGYN stating that I am pregnant and when my due date is
Our timeline:
6.19.19: we faxed our paperwork to USCIS
7.06.19: we called to inquire about the status of our expedite request and were informed that they had not received the paperwork. We faxed the documents again
7.14.19: we received the NOA in the mail that our expedite request had been approved. Note: this document does NOT confer work authorization. You cannot use this document to start working!
7.19.19: received EAD!
I know this was simplistic, but I hope it can be of some help to someone else.
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Everything said here is correct. But know that you can apply for the CR1 while your spouse has an active B2. My husband visited twice for several weeks at a time during the petition process, but he did show records of property and active employment back home, so be prepared to show ties to her country.
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With many people meeting their spouses through social media (myself included), they will want to confirm that the foreigner hadn't been attempting to find any USC to swindle and petition for them; i.e: that the relationship was legit.
There's also the concern about how often the government finds retroactively that terrorists had been in social media contact with extremist groups before carrying out their attacks.
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Yes, do call. You are outside of processing time, so you should be able to speak to someone.
We had my husband's expedited with a letter of job offer, passed employment drug screening, and a note from my OB saying that I'm close to giving birth. We will be receiving his EAD hopefully this week. If you have anything similar going on, you may want to try to expedite it. -
In a legal sense, no. You don't need his permission. In a personal sense, I hope he's informed. I most certainly would want my husband to let me know if he's going to be outside the country.
- Carpe Vinum and Boris Farage
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If it's important, my job is keeping me on as a consultant. I won't be entirely without income, but it won't be what I was making before.
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Our household will not fall below the poverty line. There's no concern there.
But we will need to update the affidavit of support to his income? An immigrant can provide the income for his own support affidavit?
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Hello,
I am the US citizen. My husband (who came on a K-1) is currently adjusting status. I currently make about $43k/yr but am about 6 weeks away from giving birth. My husband has a job offer and will start once his EAD arrives, which should be within a week. I will be transitioning to a stay-at-home mom, and I'm wondering if this will affect the process going forward at all. If my husband is making enough to support us, will this be alright? Will there be any issue with me no longer making the money to be a sponsor?
More evidence required
in Removing Conditions on Residency General Discussion
Posted
Just wanted to support commenters who said this sounds like a lawyer issue. The evidence you say you've submitted sounds like overkill compared to how the rest of us have been faring in this process, and it does sound like the lawyer tried to transfer blame to the Trump admin instead of owning up to whatever her role may have been. It seems quite fishy. I would do this yourself or look for legal help elsewhere. Good luck.