Adjustment of Status Confirmation

[Son of Clyde]

I filed the paperwork at the Chicago Lockbox on October 4 and received delivery confirmation from USPS about 3 work days later.

Can someone tell me how long it might take before I am contacted by immigration?

I filed for an EAD and Advance Parole at the same time and her current EAD will expire in 2 weeks. Can she work temporarily if she is paid "under the table" when the temporary EAD expires?

[Son of Clyde]

Actually delivery confirmation was October 6 at 5:07am in Chicago.

Priority Mail is not so bad.

[catzenmouse]

Elena didn't get a temporary EAD. We filed the paperwork for both EAD and AP at the same time (think it was in early February but am not really sure) and she got her AP after about 4 months and the EAD card about August.

Ken

[Son of Clyde]

Thanks for the help. What I really meant was that I am concerned that I have not received a confirmation letter that US-CIS received my documents. I found out last night that the 3 checks I submitted were not cashed. I have the delivery confirmation from USPS so I imagine US-CIS is bogged down with mail and have not had time to open my envelope. There was a federal holiday last Monday.

[Jet]

This is a new game with BCIS. It used to be that they calculated "normal proccessing time" by the date they recieved an application. (you are entitled to bitch at them once your app is 30 outside "normal proccessing time") Now they calculate it by date of their response, so in many cases they sit on an app for a month or more before sending the I-797 reciept back to you.

[catzenmouse]

SoC,

 The confirmation of receipt letter came about 45 - 60 days after I sent the apps in along with a request for more documents and a doc to call and set up her biometrics (fingerprints) appointment.

Ken

[Son of Clyde]

Thank you.

This is not very encouraging because her EAD will expire on October 27.

Will she be "outside of status" for the time when her K-1 expires and the I-797 receipt is received?

The only good news is that SSA will send her card in 5 days. We had problems with SSA not knowing about the single letter tolerance in her last name when immigration misspelled her name.

[catzenmouse]

[user=130]Son of Clyde[/user] wrote:

Thank you.

This is not very encouraging because her EAD will expire on October 27.

Will she be "outside of status" for the time when her K-1 expires and the I-797 receipt is received?

The only good news is that SSA will send her card in 5 days. We had problems with SSA not knowing about the single letter tolerance in her last name when immigration misspelled her name.

SoC,

 Sorry to say that you'll probably have to call USCIS and find out about the EAD status. Maybe they have an extension while the processing is going on. You may even want to call a couple of times with the same list of questions. I've had good people and bad people answer when I've called and I never got the same answer.

Best of luck!

Ken

[Son of Clyde]

I hate calling them, being placed on hold for 20 minutes, and having some clerk answer who must be reading the same website I am reading because they know about as much as me.

These clerks are a ruse to make us think US-CIS is trying to help when they are like any other government agency and we are the nameless, faceless, masses.

[catzenmouse]

[user=130]Son of Clyde[/user] wrote:

I hate calling them, being placed on hold for 20 minutes, and having some clerk answer who must be reading the same website I am reading because they know about as much as me.

These clerks are a ruse to make us think US-CIS is trying to help when they are like any other government agency and we are the nameless, faceless, masses.

Agreed on both counts. But unless you can find something on the site about extending her EAD or about the status of it during the time between the end of the current one and the receipt of the new one I don't see much choice about calling.

We both know more than we want to about gov't agencies being inside of them so I just try to remember that it is good that I don't work for USCIS. It's even more f'd up than the Fed.

Ken

[Son of Clyde]

I called the line (25 -35 minute wait :huh:) and the recording says not to phone unless the applications are 4 weeks old. I just can't stop work for 25 minutes so I will try at home.

[Jet]

They're not going to extend her EAD and you can't pressure them into moving until the new EAD application is +90days old - been there, done that, got a couple of tee shirts. :X Best you can hope for is to lie to the automated system until you go through enough menus to get to a breathing soul, then ask questions they can't answer until they transfer you to an immigration specialist, then...maybe... you might get a tidbit of info you don't already know .

[Son of Clyde]

Good news,

I received receipt letters from USCIS (5 envelopes) for all the forms I had submitted. No RFE this time and no request for another medical exam.

The only thing they asked for were the fingerprints and they are going to let me know exactly when they need these.

It looks like the EAD process has been initiated.

[Jet]

Glad to hear it!

Check your reciept, in FL YOU have to call them to set the biometrics appointment at your local ASC center (call the usual 800 # wait the usual 25-45 minutes) but MD may be different.

[Voyageur]

Jet,

I just received the same confirmation as Clyde and on the forms it says that "USCIS will schedule your Biometrics Appointment".

It is good to know that this process has started.  I have also signed up for EMAIL notices of any actions or "touches".

[catzenmouse]

We had to call them to set up the biometrics appointment. That was just 3 or 4 months ago so you might want to double check on them setting the appointment for you. She also has to be there with you when you call to set up the appointment. They need to have her permission to go ahead with the appointment.

Ken

[Son of Clyde]

I was looking at the processing dates and saw October 1 for I-485.

Unfortunately, the date is October 1, 2004.

The AP & EAD processing dates are May or July of 2005.

Do the biometrics have to be done now if the interview might not be for another 12 months? 

[Son of Clyde]

This is for the Baltimore Service Center.

[catzenmouse]

Sounds like another case of "pick your rules to follow" with USCIS. We were required to get the biometrics for the EAD. Still waiting to hear about our AOS interview.

Ken

[Son of Clyde]

catzenmouse,

The fingerprints are required for her EAD.

I chacked the DHS website for the Baltimore office and they are just processing EAD applications from July of 2005. By the time they get to ours it will be 2006. I think the I-131's are being processed from May of 2005 so we have a longer wait and maybe a year for the AOS. I could be wrong. I hope I am. 

[Jet]

Clyde,

One bright spot! No matter what the processing time states for the EAD they are REQUIRED to process you in 90 days (it actually takes longer but....) When you look at the EAD reciept find their response date in the upper left (it will be underneath the "recieved" date) once you are 90 days out from that date you can set an appointment with your local office and if you go in person they will issue her the EAD right from there. It might take two trips but it shouldn't take more than 30 days after the initial 90 to get an EAD card "in hand" and they will not make you pay the fee again (like they do when you get emergency AP from the local office while original is pending)

 

 

My spelling sux tonight, I'm tired and I don't care --- shoot me............

[catzenmouse]

It wouldn't surprise me if it takes a year. I know of other cases that took over 2 years before they got the green card. The only good thing about that was because of the time it took they got the 10 year card instead of the 2 year card.

Ken

[Son of Clyde]

If it takes 90 days for her EAD does it mean if she gets a job now it will not be legal?

Has her status changed because we received acknowledgment letters?

Will she not be considered "out of status" after October 27?

[catzenmouse]

[user=130]Son of Clyde[/user] wrote:

If it takes 90 days for her EAD does it mean if she gets a job now it will not be legal?

Has her status changed because we received acknowledgment letters?

Will she not be considered "out of status" after October 27?

Sorry SoC, that's all uncharted territory for us. Elena didn't even try to work before we got the EAD card. I don't think that the status changes due to a letter. It only changed for us after we got the offical documents/permission from USCIS.

Ken

[Son of Clyde]

This sounds strange because it would mean a large percentage of K-1 spouses who filed for AOS would be out of status if it takes so long for the interview.

Even if they get married within the first 2 weeks and file AOS the same day it would still take USCIS more than 90 days to schedule the interview.

So my wife and stepson will be a non resident aliens for the time, until the interview date.