luv2teach77

How long has it been since you sent in the EAD and AOS applications ?

The rules on EAD's are that if its been more than 90 days since you received an NOA for the EAD application, then you can arrange an infopass appointment at your local office to request an interim EAD. The problem you have is you don't physically have an NOA to use as the starting point for this 90 day count.

Did you receive any email updates from the USCIS website that alerted you to the fact that something was being mailed ? If so you could use this date (plus about a week or so) to give you a rough idea of when an NOA *Might* have arrived.

The problems I forsee with an infopass appointment is that without an NOA in hand, they may be unwilling to give you any concrete answers regarding the mythical 90 day count. Also, as you don't have an NOA you probably haven't attended a biometrics appointment. Your EAD won't be approved without this appointment because they need to run your name and fingerprints through the FBI systems before they will approve an EAD application. I guess you could use this fact to get past the thought that you missed on a job because whatever the USCIS sent you went missing. Without biometrics you won't have been approved.

My guess is that the document(s) that have gone missing are the NOA's saying that applications have been received, not notifications that applications have been approved.

Not sure if I've been any help there or not.

Best of luck with everything. You can take a look at my timeline to see how long I had to wait for my EAD !!)

Mark

This is the letter I sent to my governor regarding the wait I had to endure for my EAD....

Mr. Shimkus,

I am writing to you in connection with two ongoing applications I have filed with the United States Citizenship and Immigration Service. In particular, I would greatly appreciate it if your office could look into the status of the I-765 Application for Employment Authorization (EAD) which I submitted at the end of May, 2005. Below I have outlined the details of my case.

On March 11th 2005 I entered the US on a K-1 Fiance Visa which had been issued by the US Embassy in London, UK at the end of February 2005. At the end of April, in accordance with the conditions of my K-1 visa, I was married. I then set about putting together two applications which were sent to the USCIS District Office in Chicago. The first was the forms and supporting documents for an I-485 Application to Register Permanent Residence or Adjust Status (AOS). The second was the forms and supporting documents for an I-765 Application for Employment Authorization (EAD). Both applications were mailed on May 24th and the USCIS mailed me two I-797C notices of action which I received on June 18th, stating that both applications had been received. The notices of action (NOA) for both the I-485 and I-765 asked me to arrange a Biometrics appointment at my local USCIS office in St. Louis. I did as instructed and attended a Biometrics appointment on July 26th. The online case status for my I-765 application stated a projected processing timeline of between 30 and 90 days.

On July 21st, I received a letter from the USCIS, requesting additional evidence in the form of a Vaccination Supplement (Form I-693). According to the letter, this request was associated with my I-485 Application to Register Permanent Residence or Adjust Status as no mention was made of my I-765 Application for Employment Authorization. I returned the completed vaccination supplement to the Missouri Service Center (Otherwise known as the National Benefits Center) on July 28th, 2005 and received and online case update on August 3rd that the requested document had been received and that processing would resume on this application. Since August 3rd, I have had no word on the progress of either of these applications.

On September 7th 2005, I arranged an INFOPASS appointment at my local USCIS office in St. Louis for September 16th in the hope that I would be able to successfully request an Interim Employment Authorization Document. September 16th would be 92 days since receiving an NOA for my I-765 application. I had checked on the USCIS website about the conditions under which an Interim EAD could be issued and found the following information at http://uscis.gov/text/howdoi/ead.htm …

“What is an Employment Authorization Document?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD: This document proves you are allowed to work in the United States.

• Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.

• Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.

• Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document. “

Also further down the same page on the USCIS website I found the following…

“If USCIS does not approve or deny your Employment Authorization Document application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim Employment Authorization Document. You must go to your local USCIS office and bring with you proof of your identity and any documents that USCIS has sent you about your employment authorization application. Please click here for more information on USCIS field offices.”

I attended my INFOPASS appointment on September 16th, bringing with me the I-797C notice of action issued in connection with my I-765 Application and my passport and state ID. When I explained to the woman answering questions that it was now 92 days since receiving an NOA for my I-765 application and that I would like to request an Interim EAD, I was told that she couldn’t do anything because “The 90 day count after which an Interim EAD can be issued doesn’t start until the date that your Biometrics were completed”. There is no mention of this requirement on either the USCIS website or the online case status that gives the projected processing time for the application. When I showed her printouts of the webpage that I’ve quoted above, I was told that an I-765 application is not considered complete until Biometrics have been completed. Again, there is no mention of this condition on any of the documentation available from the USCIS.

I would have been happy to go home and wait, potentially until October 24th, for the new 90 day mark to be reached before I contacted the USCIS. However, I have been made aware through an online immigration forum which I am actively involved in, that other people in my exact situation have successfully requested an interim EAD at their local USCIS office on the 91st day after they received their I-797C notice of action. It appears clear to me that it has been left up to the individual field offices to interpret the 90 day rule as they see fit. When the officers adjudicating these requests hold the power to fundamentally affect someone’s life so powerfully by withholding the permission they need to go out and legally earn money, I think it is a disgrace that the guidelines governing the issuance of such an important document are so fluid.

Having spent 8 months in the UK waiting for my initial visa application to be approved, I had more than enough time to research the process that I would have to go through once I arrived in the US. My wife and I were fully prepared for a wait once I was in the US, before I would be in a position to look for work and truly start contributing to my new life. However, at the moment I feel like I have done everything that the USCIS has requested and barriers are still being placed in my way.

I would be hugely grateful if your office could use the information that I’ve provided to look into the situation I have outlined. I want nothing more than to be able to go out and start looking for work. If your office could either look into the current status of my EAD application, or provide me with something concrete that I can present to my local USCIS office in St. Louis, so that they cannot dispute a future request for an Interim EAD, I would be most appreciative.

Yours Sincerely,

The woman who dealt with my case praised me on the information included in my letter. As one of the previous posters stated, assume they know nothing about the immigration service and provide as much information as you can in a logical (preferably chronological) order.

Good luck

Mark

As long as the address information that the USCIS has on file for you is correct then there is a pretty good chance that an RFE will reach you within a reasonable time frame. A lot of the problems people have with RFE's are associated with changes of address, PO Boxes etc, incorrectly specified postal addresses etc.. As long as none of these scenarios cover you then you should be good to go.

I think you could probably call the USCIS and confirm that they have the correct postal address for you. At least that way you'll know that it wasn't the USCIS who messed up if it doesn't arrive.

My RFE took about a week to get to me from the time I was notified it was on its way.

Mark

How much are you talking about ??

I think you can bring up to $10,000 in cash into the US without needing to declare it. If thats correct (you might need to check that) then you could do what I did and change money at the post office which doesn't charge any commission. If I remember rightly I brought about $4,000 with me and wasn't asked any questions at all.

Mark

A lot depends on what qualifications and experience you have that could be applied to a new job now you're in the US.

Without previous experience or some specific qualifications you'll be hard pushed to get anything but an entry level position but it is always possible to work your way up if you can prove you are a quick learner and willing to do what it takes.

If you have previous experience in a certain field then I would suggest trying to use that to improve your chances of getting a job offer. I would strongly suggest the use of staffing and temp agencies to help you get a foot in the door. Being new to the US you won't have the contacts which help you to find out about new openings. A staffing or temp agency will provide the crucial link between newly available employment opportunities and you.

A good staffing agency can also provide more information on your skills, experience and immigration situation than is normally possible in a resume. This extra info could be the difference between getting an interview and not getting onto a shortlist.

Good luck with your job search

Mark

Oops !!...

I carry my GC and my Drivers Lisence at all times. EVERYONE in the US carries their drivers lisence and its a requirement that GC holders carry that too.

Mark

If you are filling out these forms in readiness for your interview at the embassy in London then there is no specific filing fee just for them.

Once you send them in along with the document checklist you will receive another packet of forms from the embassy which will include a payment slip which has to be paid before you show up at the embassy for the interview. I beleive this is 60 pounds (or at least it was when I applied back in 2005).

Mark

I looked into it as a way to get some cash while I was looking for a REAL job after getting my EAD. I signed up to the mystery shopping network which required me to pay something like $25 for a list of mystery shopping companies. I spent a couple of days filling out the application information for a long list of these companies and sure enough, I started getting emails about assignments that they needed people to complete for them.

The problem was that NONE of these assignments were anywhere near where I lived, even though I specified a large number of towns and cities surrounding where I lived. What use was accepting an assignment 2 hours drive away for $15 of free groceries !!

I had a 60 day money back garuntee on the money I spent for access to this list and had no problems getting the money back when I explained that I was unable to accept any of the assignments because they were all so far away !!

It seemed like a great idea at the time but in reality it was a waste of time for me. Maybe if I lived in a large city like New York or Chicago it would be a better bet.

Mark

Jodee,

Not to rain on your parade but getting a report from one agency doesn't really give you the full picture. As I said in response to your PM, I got reports from each of the big three credit agencies (Equifax, Experian and Trans Union). The scores they gave me had (I think ??) a 50 point range. Some companies don't report to all agencies so stuff shows up on some reports that doesn't show up on others. Before you base all your assumptions on the report you just got I'd advise you to get reports from the other companies and take the average of the three.

Mark

Use the online version if you can. It used to say that using the non-electronic version would increase processing time of packet 3. I don't know if anyone has actually proved if this is true or not but If you can avoid any possible delays by using the elctronic one, I'd go for it !!

Mark

You only need a police certificate for any country that you have lived in for longer than 12 months since the age of 16. If you were under 16 when you lived abroad then you don't need to worry. If you were over 16 then you will need to contact the police force who had jurisdiction over where you lived to request a certificate.

Mark

Head on over to http://www.diveintoamerica.com

While they are also predominantly a UK - US forum, there are many members who have done exactly what you are wanting to do.

Mark

Ditto that,

Debs bought me a Cyberhome DVD player from walmart (about $30 also available from target). I found a hack online to make it region free and it works a treat.

I actually posted the hack on here a while ago... I'll see if I can find it !!

Edited to ad... Here it is

Mark

About 2 months after I arrived, received my SSN and got married I was added to my wifes bank account as a joint account holder. Soon after that I started getting credit card offers in the mail. I waited until I was offered one which I could apply for online with an instant approval and also that asked for household income as opposed to personal income. In the end I received an offer from Bank Of America for a Platinum visa card that met all the criteria. I filled out the online application and was approved on the spot for $2500. That was in June of 2005. I recently opened another credit card account in my own name with Chase and had the credit limit increased to over $5000.

In addition to getting my own line of credit through these 2 credit cards I was also added to several utility bills which I beleive have also helped my credit score (which is now in the high 600's). I've only been working since January but again these are all things that help improve the score. We recently started looking into mortgages and we had no trouble getting pre-approved for a loan through 3 lenders.

You've only been in the US since April so I'd give it a little bit more time before you seriously start looking into credit cards and mortgages. I also left perfect credit in the UK and had to start from scratch over here but one of the lenders we approached said they would consider doing an international credit check if we proceeded with a loan through them. It would cost us slightly more than the usual credit check but would be worth it if it lowered the rate they were planning on offering us. This is something to look into if you wish to proceed down that path now !!

Mark

I have many many examples of my accent either being a source of interest of an absolute block during everyday communication. Here are few of the choice ones...

1) Waiting to order in KFC. I decided to make things simple by ordering using the menu number instead of the meal name. Me - "I'll take a number 3 please", KFC Worker - "Huh ??", My Wife - "HAHAHAHAHAHAHAHA".

2) Whenever I have to give my name in a resteraunt etc.. I say "Mark" like I have for the last 28 years but to people around here it sounds like "Mork" or "Molk" or "Malk". depending on my mood I either just go with whatever they write down or spend 5 minutes trying to sound out the letters so they get it right.

3) Ordering water is always a tricky one. At the moment I refuse to change the way I say it so I either say "I'll take the same as her" or I order coke.

4) I've lost count of the number of times I've been asked where I was from but the funniest times are when people try and guess without asking. "I'd love to visit Australia" or "I've never been to New Zealand". The best one was when i was in Best Buy last weekend and a woman at the cash register asked me if my accent from the East Coast ?? "Ummm... Slightly East of Boston yeah !!" nudge nudge wink wink.

Most of the time I can laugh it off and am pretty understanding about the source of the confusion. It's only when the reactions are rude or the confusion is almost treated like it's my fault that I speak differently. Only then do I get rude back.

Anyways... I have no intentions of trying to tone down my accent, It's what makes me me. I am in touch with enough friends and family back home that the second I start sounding even slightly American they'll let me know !!

Mark

I am currently using a Cingular 8125 which is provided by work. I was a bit worried it would be too big but its easily pocketable and has pretty much everything but the kitchen sink !! Work paid for the handset, an unlimited data plan and all my calls so I can't really complain. I Love it !!

Before that I flip flopped between a Sony Ericsson Z500 flip phone, A crappy Sony Ericsson pay as you go (both on Cingular) and my old Nokia 6100 which I brought over from the UK and unlocked onto the Cingular network using Uniquephones.com.

Mark

While it is generally advised that people try and apply for AOS before their I-94 expires, in reality it is not a problem to apply some time after this period. You just need to bear in mind that every day after the I-94 expires is considered time out of status. Accrue more than 180 days out of status and you will almost certainly run into problems. There have been countless examples on VJ where people have waited 2 or 3 months after their I-94 expired with no problems whatsover.

Best of luck

Mark

If a K-1 visa holder who has got married within 90 days, leaves the US before being granted either Advanced Parole (permission to travel) or their Green card, they will invalidate their K-1 and will require a spousal visa to gain entry back into the US. If she had left before you'd got married then you would have also had the K-1 as an option but as you are now married it will have to be one of the spousal visas (K-3, CR-1, DCF).

Applying for her AOS before she left would not have prevented the problems you now face. The only document that would have allowed her to leave the US before being granted her green card would have been Advanced Parole. This is applied for in conjunction with AOS and allows a K-1 holder with a pending AOS application to travel outside the US without abandoning their AOS application. Emergency AP is also available to people with family emergencies etc..

It is not going to be possible to apply for her AOS now that she has left the US. She will almost certainly be denied entry if she attempts to come back into the US.

Best of luck with everything

Mark

Born in wonderful Stamford-Le-Hope, Essex. Moved to Harrow in North West London when I was 4. I spent 3 years at University in Eastbourne and Lived for about 9 months in a wonderful flat in Stamford Brook (Near Chiswick, West London).

Debs and I first met in person in Chicago. I flew to O'Hare from London and she flew from St. Louis to meet me. We stayed in Chicago for a week before I then visited some other friends in ND for a few days. I flew down to St. Louis and stayed with her for a few more days before flying home.

In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband?

If you apply for AOS, regardless of the visa you entered the US on, you will need to remain in the US until either the AOS application has been approved and you hold LPR status OR you receive AP.

I beleive (and someone please correct me if I'm wrong) that once you apply to adjust your status, whatever visa you entered on becomes null and void for the purposes of re-entry to the US.

Mark

I wouldn't worry about justifying what you have or haven't been doing since arriving in the US. I had a full work history up until the point I arrived in the US and the gap between my last job in the UK and any interviews for new jobs once in the US could be explained in just 5 letters... USCIS !! If you cannot legally work in the US until being granted an EAD then there is ALWAYS going to be a break in employment history. You have NOA's to show you haven't been "lollygagging around" to coin a US phrase so I wouldn't worry about it.

Mark

YES BUT YOU NEED TO PROVE THAT YOU WANT TO GET MARRIED BY PROVIDING EVIDENCES SUCH AS CATERER QUOTES!!!

How do you solve the catch 22???

(It is said everywhere that you have to prove:

That the couple previously met within the two (2) years of the date of filing the petition, UNLESS A WAIVER IS GRANTED;

That the couple has a bona fide intention to marry; AND

The couple is legally able and actually willing to conclude a valid marriage in the United States within 90 days after the foreign fiancee’s arrival.)

It is not a requirement to show receipts for caterers etc.. at the embassy interview. While some people feel that it adds weight to their evidence of actually planning to marry, many many people have courthouse weddings that don't ever include caterers etc.. A bona fide intent to marry is confirmed by the signed letters of intent, that is all that is required by the USCIS to determine your desire to actually follow through with the marriage within the allotted timeframe.

I know that we went ahead and finalised all of our wedding plans before the interview but we didn't do so until I had been granted an interview date. We had a very straightforward case and I was confident that if I could get as far as an Embassy interview, we wouldn't have any problems. We knew that booking anything any further ahead than that would be way too risky.

Hopefully the OP will find the Embassy to be accommodating of their situation.

Mark

The I-94 is the white card issued to your Fiancee just prior to her coming into the US. For example... If she came in by air she would have been handed the card on the plane and she would have had to fill it out before getting face to face with a POE officer.

The I-94 will be stamped with her entry date and an expiry date 90 days after that entry date. She should have been given the I-94 back after being let through by the POE officer. If she wasn't you'll have to contact the CBP officers at her point of entry to either request a new one or get the old one back. She MUST have this document as copies of it are required for the AOS application and you must be able to present it to get a SSN, Driver lisence etc..

Mark