EAD getting desperate

[hvanda]

Sir,

I recently married a US citizen. As part of the process I filed the I
130, I 485, I 765 and I 131.

I filed the application July 12 with the NY BCIS office. July 15 I
received a fee receipt.

Two weeks ago I received a Notice of Action with a receipt number from
Missouri Processing Center telling me to schedule a biometrics
appointment. This was in reference to my I 765 application.

I was originally told that it takes between 3-4 months in NY office to
process the I 765. However, when I called the BCIS and gave them the
receipt number I was told that the application was filed with the
Missouri Processing Center September 12, meaning it will take another 90
days to process the I 765.

My question is whether I can receive temporary EAD on October 15 (90days
from the date I filed) or whether I must wait another 90 days. Also, can
you tell me why would Missouri process an application that was filed in
NY?
:(

[SWaiting]

I dont have the answer to your first question but as per the new pilot program all the family based applications are now first going to the new Missourie center for central processing. I saw that article at murty.com.

[helpmeimmi]

SWaiting,

Could you send the link on murthy.com which gives info about this pilot that BCIS is doing? I tried to look this up on the site but could not get the related article.
I have applied in San Jose service center and am worried that now the application would be delayed.

Thanks
helpmeimmi

[hvanda]

Thanks for the info. Apparently, it's called Missouri Service Center but it is actually being processed in Chicago, for reasons unknown to me.

I am getting many contradicting informations from the BCIS 1-800 number. According to some the 90 days period start running from the date the BCIS physically receives the application, according to others the period starts running from the Receipt date on the Notice of Action. I guess even the BCIS seems to be confused as to what the right answer is.

[helpmeimmi]

I spoke too soon.
Got the link:
http://www.murthy.com/ukcitfam.html

Boy now this means I am stuck for a long time I guess :(

[VivaLasVegas]

if you filed / e-filed your EAD application with the missouri service center you need to get your biometrics done (a fingerprint and a pic) at your local application support center. MSC cannot process the EAD without it.

HTH

[hvanda]

I went for Biometrics appointment September 16. What I am puzzled about is the fact that I Fedex-ed the application to NY office July 12, yet the Notice of Action stipulates that it has been received in MSC September 12. Does it mean that I can walk into the NY office October 13 (91days) and get the interim work authorization valid for 240 days?

[VivaLasVegas]

did u get a case number from the MSC?? check your status online.. you should get your EAD in 90 days after the application date.

[hvanda]

I have received a number starting with MSC-03-...............
NY BCIS received the application July 12 (FEDEX signature confirmation) but the Missouri office apparently has not received it until September 12. Why this two months delay?

I know that it is difficult to try to fight the buerocracy of the DHS but it appears to me that a spouse of a US-citizen receives EAD in approximately 5-6 months from the time the application is physically received by the BCIS. If we consider that it takes up to 12 weeks to receive Social Security Number we are already talking 8-9 months before foreign spouse can open his own bank account, get medical insurance and also get a job since most employers require EAD and Social Security Number.

This is a policy which has no counterpart in other industrial countries. For instance, spouses of EU citizens can work immediately and obtaining long-term residence permit (in general 5 years) takes less than 2 months.

I seems to me that the US government is intentionally discouraging foreign spouses from marrying US-citizens by rendering the entire AOS process extremely complicated and protracted.

AP is another rudiment of stone age. Not being able to leave the country without permission of the USG for almost half a year is just absurd. Even the term 'Advanced Parole' has a strange connotation. Parole in colloquial meaning of word refers to as releasing a convicted criminal from jail after serving part of a sentence, on the condition that he stay out of trouble with the law and comply with other requierements. If parolee conditions are violated, parole can be revoked and the parolee returned to confinement, which according to BCIS means not being able to leave the country.

I always thought of this country as a country which based its success on new stream of immigrants from other countries but to my dismay I must conclude that this is no longer true. Foreign born spouses of US citizens are being treated in a very hostile manner by the USG and I dare to say it will only get worse for those who are reaching out to these shores.

[VivaLasVegas]

I empathise with you on your feelings towards the BCIS and let me tell you .. you arent alone.. there are million others who feel the same way. The BCIS has been known for its poor service and 9/11 has made matters worse.

I would suggest that you ask your Congressman / Congresswoman to look into this matter.
Hang in there this ordeal will be over soon.

[VivaLasVegas]

1 - 2 weeks

[hvanda]

This is my experience with BCIS so far:

Filed for AOS: July 11, 2003
Fee receipt: July 15, 2003
Biometrics: September 16, 2003
EAD approved: October 4, 2003

now waiting for the card...

sachinphadke, how long does it take to get an interview for me and my wife from the date of filing?

Thanks

[VivaLasVegas]

This is New Yorks current time frame

Permanent Residence - Adjustment of Status

Filing Until Approval (With Interview) 720+ Days
8
Work Permit ("Employment Authorization Document") 120+ Days

Travel Permit ("Advanced Parole") 80+ Days


http://shusterman.com/aos3.html#28

[hvanda]

once I receive AP, will it be safe for me to leave the country for 2 week long trip to Europe and come back? Apparantly, BCIS prefers people adjusting their status to remain in the country

[VivaLasVegas]

once you get your AP you could leave the US for a short period of time. Letting you back in on your AP is solely at the Immigration Inspectors discretion.. also if you have had any overstay I would advise against leaving the US till your I485 is approved.

[hvanda]

but when I went for Biometrics they stamped my Notice of Action with a LIFE Processing stamp. I am now worried that my application is being processed under the LIFE Act despite the fact that I have never been illegally in the US. In 2002 I was approved for H1B but I never took the visa, and the company revoked it later on.

Question: If I was approved for H1B in 2002 but never went to get the visa, might this be a problem in my AOS?

Thanks

[VivaLasVegas]

Don't worry about that stamp...

if you didnt take your H-1b what basis were you staying working in the US?? was it an F-1 (OPT) was it an EAD based on your pending I485?? The fact that you didnt take your H-1 wont be an issue with your AOS..

hth

[hvanda]

I was just worried about that LIFE stamp on my Notice of Action.

Question: If you get approved for H1B which is subsequently revoked by the sponsoring company, does the INS (BCIS) cancel your B2 visa?

[VivaLasVegas]

they dont physically cancel it but I do believe that they update the status change on their computer.

what is your immigration history?? from the 1'st day you came to the US??

[hvanda]

it was always valid, unexpired I 94 (B2 visa). My I 94 will expire end of November.

[VivaLasVegas]

Ok so you came to the US on a B-2 (NIV) then got your H-1B company revoked it.. (got married to a USC within the last 6 months??) is that correct?

[hvanda]

I was approved for H1B while I was in the country on B2, left the US, H1B revoked, came back on B2 and got married, and filed for AOS

Q: do you think this might be a problem?

[VivaLasVegas]

It could be considering the fact that you entered the US on a B-2 with an intent to get married. I would suggest that you talk to an attorney about your situation. How long have you known your wife?? when you first came here on a B-2 or on your second visit??

[hvanda]

We met in November 2002 while I was here on B2. Then in March we spent some time in Europe and I came back on B2 in April. Then we went to Rome for 2 weeks, came back again on B2, and in June got married. I also took the New York Bar Exam in July and filed for my AOS July 11.

The intent to get married arose in June while I was here on a valid B2. There was no intent present while I entered the country on B2.

How could that be construed by the BCIS?

[VivaLasVegas]

From Immigrations perspective you entered and left the US multiple times in a very short period. you also had an H-1B in that period.

what you should have done was left the US and came back on a K-1 or you should have used an H-1B.

I would suggest that you talk to an Immigration Attorney (just to be on the safer side).. you could get away with INS or they can grill you based on your frequent entries in a short period.

[hvanda]

Would you suggest just to wait for EAD card for the time being, and then, before GC interview, consult an attorney about my case?

Since the EAD has already been approved, I think the first hurdle has already been overcome, don't you reckon?

[VivaLasVegas]

An EAD is just a document with allows you to work (based on your I485 which is pending). EAD approval has nothing to do with your I485 case status.

I would suggest that you talk to an attorney sooner to discuss your case and not wait till the last minute. I am not saying your case is complex but if I was INS your frequent trips to the US on a B-2 and then getting married on the second entry would raise an eyebrow.

[tsaran]

Hi Hvanda,
I read that you fedexed your EAD documents the next day. I had similar process (efiling) but INS didnot ask me for any documents. After contacting INS they told me that they will inform me if they need additional information. I believe since they asked me to take two copies of the documents after i complete my application online that they will ask me to send it to them. How did you know that you have to send your documents in? and where to send it to.

Neha

[hvanda]

I filed everything with the NYC office, yet every N/O came from MSC. This has been my road to PR so far:

7/14 filed I-130, I-485, I-765, I-131, I-864, G-325
7/14 received yellow receipt acknowledging payment
9/12 Notice of Action I-765
9/16 FP for I-765
10/04 I-765 approved
10/11 Notice of Action for I-485, I-131, I-864
10/15 FP scheduled for I-485

[VivaLasVegas]

9/16 FP for I-765

thats not a FD-258. it's just your index finger print on the EAD.

the appt you have scheduled in Oct is your fingerprint appt & do remember fingerprints are valid for 14 months.

HTH

[hvanda]

I've already had my index finger fingerprinted. that was on September 16.

tomorrow's appointment is for I 485 - application to register permanent residence or adjustment of status, notice of action I received this past Saturday.

or do they just FP my left index finger this time?

[VivaLasVegas]

Originally posted by hvanda
I've already had my index finger fingerprinted. that was on September 16.

tomorrow's appointment is for I 485 - application to register permanent residence or adjustment of status, notice of action I received this past Saturday.

or do they just FP my left index finger this time?

That index print was for your EAD.

this Fingerprint for your I485 is where they will print all your fingers and send it to the FBI for verification (you get the results as IDENT or NON-IDENT that very moment)

FYI : a NON-IDENT message from the FBI is a good sign (which means you donot exist on their files)

Once the fingerprints are done comes the wait for the final interview.

[hvanda]

and the wait for final interview takes how long on average?

thanks

[hvanda]

this Fingerprint for your I485 is where they will print all your fingers and send it to the FBI for verification (you get the results as IDENT or NON-IDENT that very moment)

do you mean I will get the results already tomorrow?

[VivaLasVegas]

Yes if your local ASC has the state of the art BioMetrics machine you should get it right there.

the wait for the final interview depends on the local office.. it can be anywhere from 1 month to 1 year.

[tsaran]

Hi,
I have applied my I-765 online through Internet. I went to INS local office for fingerprint, picture as well as signature. I was told during that time that they would ask me to send in supoorting documents if they need any but my receipt doesnot state any additional documents that they would want. Also it has been 2 months and I have not heard anything from them. Can someone please let me know what should I do.

[VivaLasVegas]

Keep checking your status online. they generally approve your EAD in around 80 days from what iv'e heard.

[hvanda]

I received EAD today, exactly 3 months from the date of filing

[tsaran]

My Only concern is if the receipt date for my I-485 is later then the recepit date of I-765, do they reject my petition for EAD or do I count my 80 days from the day I received my I-485 receipt (I was told by my local INS office) ? The reason being my I-765 is based on my pending case for I-485. Since my I-485 was not accepted at the time I applied for EAD what happens to my petition for EAD?

Thank you.