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He has to pay the fee, the only time you don't pay the fee is filing at the same time of filing the whole AOS packet.

This is what has me confused from the I-765 directions:

Renewal EAD: If this is a renewal application and you are applying under one of the following categories, a filing fee is not required:

5. (c9) or (c16) Adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.

My husband is ready to send in his renewal EAD application because it is soon to expire and the decision has not yet been made for his AOS. We initially sent in his AOS and EAD applications together (in 2008) and did not have to pay the I-765 filing fee at that time. I am confused whether it must be paid at this point. It appears in the directions that he does not need to, but a friend mentioned that he actually does. Does anyone know how this works???? Thanks!!!

My husband was denied his AOS due to a past criminal record (possession of a controlled substance when he was 18). Apparrently there is a new law that gives applicants only a few weeks to file a waiver after their AOS denial. We hired an attorney to help with this process, however this time around I am not clear as to how the process actually works. I know there is a long waiting period, but is there an interview? Can someone give me an idea of what to expect and what the present wait is? We are filing next week, in the U.S. Thanks for the help.

My husband has his AOS interview in a few days and we FINALLY got his police record from abroad. (It is for possession of cannabis when he was a teenager, many years ago).

What will happen if we cannot provide the translation? I have been slaving over it all weekend and am exhuasted. It is over 50 pages long and is full of legal terminology that is very hard to translate correctly. I am not going to be able to get it done in time.

Paying a translation company is not possible because they need more time, and afterwards I worry as well considering we were quoted a few thousand dollars.

But to the point, what will happen if we arrive without the translation?

Thanks for feedback.

Thanks everyone for your comments. This has been such a nightmare. I recently hired a lawyer and was told that my husband WILL be denied his AOS. The next step is to submit a waiver since the arrest was for possession of less than 2 grams, but I was told that this will also be DENIED. My lawyer said that my husband will be put in removal proceedings and that this last event will be our chance to get the decision overturned, but it still looks bleak. Since I do speak his language and I have lived in his home-country, I am not a good candidate for showing hardship. The fact that we have a $25,000 loan being paid off together would not matter either. If I moved to Chile we would never be able to make enough money to make our debt payments in addition to living expenses, but I was told that immigration would not care about this aspect. So, our interview is in two weeks and we will just have to see what happens. I will post again to describe our experience.... maybe it will help someone else who is going through a similar situation.

Hello everyone, I am in dire need of advice.

My husband was detained at the age of 18 (now age 32) for possession of marijuana and was sentenced to assist a 60-day drug-prevention program (therapy sessions) at his local hospital. He completed the program. When I traveled to Chile to be present for his K-1 visa interview, we got a certified police record of the incident. There were two MAJOR problems with it. For starters, the person who wrote the report accidentally wrote the word "cocaine" in one sentence instead of "marijuana".... to anyone who reads the report it is very obvious that it is a mistake because the other is mentioned over and over and then out of the blue "cocaine" is mentioned instead. It is really a tragic mistake- my husband was furious, to say the least. We did not have to provide this document for the K-1 interview and he was granted the visa. We do need to provide it now at the AOS interview and I am very worried whether the officer will be level-headed enough to see the mistake.

The second MAJOR problem is that we must provide proof that he attended the drug-prevention program. We had gone to the hospital in Chile in order to discuss the fact that they never reported to the police that he had fullfilled his "prevention" sentence. They told us that the hospital had recently changed from paper documents to a computerized system and had no records whatsoever from as far back as 1995. We attempted to speak with numerous people and no one was willing to help us. We ended up having to leave the town in order to make it back for his interview in Santiago.

Yesterday we received his interview notice which is scheduled in a little over a month from now (early May). There was also another notice stating all the requirements for people with past criminal records and it stipulates that we MUST have both the certified police record (which we do have, but with the word mistake in it) and legal proof of his rehabilitation completion (which appears impossible to get).

I have written the Chilean embassy in the U.S. to ask for help/advice, hopefully someone will help us, but I sincerely doubt anything will come of it.

I honestly do not know what to do.

Is he doomed to be denied?

Has anyone else ever had a similar record and was approved for AOS? I really appreciate the feedback everyone, thanks.

I called USCIS to put in a "service request" after my husband's EAD still hadn't been approved after 90 days of the NOA. I was told I would hear back from USCIS within a week and now that time has lapsed as well. How long has it taken others to be notified after putting in a service request???? When you did hear from USCIS, was it an approval for the EAD or just a notification that they were going to start working on the case again? In case it matters, my husband sent in his AOS and EAD applications at the same time.

Thanks for the feedback. I called USCIS again after my husband got home and the person I spoke with at USCIS said that she would mark our case in the system to have it looked at. She wasn't sure whether he would need another appointment, but she seemed to think that the one would suffice for the two applications. I hope it doesn't take a long time to get a response in the mail. I am not quite sure whether they are just going to end up sending him another biometrics appointment letter or not, but I hope whatever happens it doesn't result in another long wait. Thanks again for the feedback.

Hi, I have finally gotten someone to help me over at USCIS and they filed a "referral" to have someone look into my husband's case as to why his EAD is past the typical processing time. Today is Februray 24th and I was told we should have a reponse in the mail by March 1st. Once I got off the phone it seemed ridiculously fast for USCIS, so I am wondering if she meant to say "April", considering it would only be 5 days from now that something should arrive in the mail. How long has it taken others to get a response after asking USCIS to look into your case?

I am really upset right now. My husband filed his I-485 and I-765 (EAD) concurrently back in November. We received the NOA's for both, which were dated November 26, 2008. We received a letter for a biometrics appointment and he had it on January 23rd, 2009. The letter indicated that it was for the I-485, but since I have read online that sometimes people only have to have one biometrics appointment and it is applied to both applications, I did not think anything about it. As of today, it has been 90 days since the NOA's. I called USCIS to request that they look into our case to find out why it is out of the normal processing time, and I was told that I cannot even request this because my husband never had his biometrics appointment for the I-765. I was told I would have to call back when he is present so he could authorize a request for another biometrics letter, and that letter would (supposedly) arrive in the next 45 days. I started sobbing on the phone, making a fool out of myself, but I couldn't control my tears. I am a student and I am trying so hard to get through school while having a non-working spouse. Furthurmore, we live over four hours from the closest USCIS office and it was already difficult enough to get time off school as well as get the money in order to make the trip for the other appointment. I feel so discouraged. I am so worried that USCIS is going to keep pulling these charades and dragging the situation on.

Does anyone have any advice or has anyone dealt with a similar situation? I am not quite sure wether there is anything that I can do?

I'd really appreciate some feedback. Thanks everyone.

Hello, I just posted elsewhere on the site but I am new to this and I am not quite sure whether I am doing it right....

SO, I sent in the AOS paperwork for my husband on November 15th, 2008. Soon after the check was cashed and we received both the AOS and the EAD Notices of Action. My husband had his Biometrics appointment on January 27th and there has never been any update to his case status on the USCIS site. I have noticed that even early December filers have been receiving their EAD approvals and so many people have been scheduled for their AOS interviews. I do not understand why our case would be taking longer. Does nayone have any insight or any ideas? Has anyone gone through a similar situation? I'd really appreciate some help!

In case it matters, he entered on a K-1 visa.

Hello, I just found this forum for the November 2008 AOS filers. I sent my husbands AOS packet on Nov 15th, 2008, he had his Biometrics appointment on Jan 27th, 2009, and we are anxiously waiting for his EAD to arrive (we sent it in at the same time). I am very worried because I see everyone else, including those that sent in the AOS paperwork much later than us, have received interview dates, EAD approval, etc. I consistently check on the "case status" for both the EAD and the AOS, and there has never been any update since his Biometrics appointment. Is anyone having a similar problem/delay? I'm not quite sure what to think......

(I am not quite sure how to post.... I assume it will automatically attach my timeline...)

My fiance arrived on a K1 visa and we got married a few weeks ago. His 90 days have expired, but the USCIS informed me that it was NOT critical to send the paperwork in before the 90 days were up. I will be sending in the forms soon, about 4 months since his arrival date. Anyway, I am confused as to whether he was supposed to apply for a SSN or whether he should wait until his work authorization papers arrive in the next few months (I will be sending in this application with the AOS paperwork). The G-325A asks for the SSN, so did we mess up by not already applying for one? Thanks.

I am extremely worried. My fiance and I have waited to get married and file the I-485 until just a few weeks before the 90 days are up for his K-1 visa. I was just going through all the paperwork to prepare and fill out and I noticed that on the I-94 form stapled in his passport, the entry date is written down as May 21, 2008 and below it says "until May 27, 2008", only 6 days later. Is this a mistake??? There is no other date indicated on the I-94 that could be considered an expiration date. Does this mean they only gave him 6 days to legally be in the country? What is the purpose fo the I-94?

I haven't gotten onto this site for some time- I am also happy to see some others out there concerning visas in Santiago. My fiance has his medical interview set up next week and his interview on May 7th.

As for communication with the embassy, they have at times answered my e-mails very quickly and at other times taken a couple of weeks. I know that the embassy is trying to encourage people to call their hotline now instead of sending e-mails, so maybe that is why they are taking so long.

I still can't believe that my visa petition was processed so fast. I submitted it in October 2007 and in January 2008 the US Embassy in Santiago had received it. My fiance never received his packet from the embassy because he had moved to a different home during the process. In early March he went to the embassy in person to inquire about it and they said that they had sent him his packet in February. They allowed him to schedule his interview at that time, so it seems that the embassy took less than 2 months to process the application.

I am hoping to get some advice from anyone who has gone through the visa process in Santiago, Chile. What questions were asked at the medical exam and what procedures were performed? Thanks for the help!