Guest thinkaican Posted August 11, 2005 Report Share Posted August 11, 2005 My wife Xia entered the US on a K1 on March 30, 2005 and we were married on April 10, 2005. I applied for AOS, EAD and AP at the same time and all were received on May 26, 2005. We just did biometrics yesterday for the AOS but today I received a denial letter in regards to the EAD. Xia did not receive a 90 day EAD as some have. The letter basically states that because her K1 visa was good for 3 months and that 3 months has now passed that she can no longer apply for employment. Of course, this should have been solved by us concurrently applying for the AOS. The end of the letter states: There are no provisions in Service regulations which provide for an appeal from this decision. So I'm not sure what to do. Reapply? Go to the office in Boston? This is exhausting. Thanks for any help--this site is fantastic. Best of luck to all of you. Kai and Xia It is ordered that your application for EA be denied..... Link to comment
Dan R Posted August 11, 2005 Report Share Posted August 11, 2005 You should be going soon for the AOS which makes the EAD a mute point anyway. A friend of mine had them issued together at the AOS interview. The officer took the EAD and tore it up saying you don't need this. Then he stamped the passport for AOS which authorises employment. Link to comment
Guest Gene Posted August 11, 2005 Report Share Posted August 11, 2005 Welcome Aboard Kai and Xia What a welcome to America That is crazy!! I would start with phone calls to the USCIS "Help Line" and then try to get an appointment at your Local USCIS office to find out what is going on. This is the first time I have heard of anything like this. Link to comment
frank1538 Posted August 11, 2005 Report Share Posted August 11, 2005 As Dan says, once she gets her green card, she won't need the EAD. I am curious as to which category you used when you applied for the EAD concurrently with the AOS. If you used category (a)(6), I can understand the denial since a category (a)(6) work authorization is only good for 90 days and can't be renewed. If you filed as a category (c )(9), it doesn't make a lot of sense to deny the EAD unless she is close to getting a green card. I remember reading somewhere that part of the backlog problem facing USCIS is having to process EADs, etc. while adjustment of status applications are pending. Maybe this is an attempt to reduce the paperwork by just processing the AOS. Link to comment
Trigg Posted August 11, 2005 Report Share Posted August 11, 2005 Never heard of that. My wife came over on a K1 and we didn't apply for EAd until after the 90 days were up. she got Ead no problem then green card. I'm thinkin' the Frankster may have a point. let us know what is was. Link to comment
Guest thinkaican Posted August 11, 2005 Report Share Posted August 11, 2005 Never heard of that. My wife came over on a K1 and we didn't apply for EAd until after the 90 days were up. she got Ead no problem then green card. I'm thinkin' the Frankster may have a point. let us know what is was.145853[/snapback]Many thanks all. A(6) does sound familiar. I'll have to go back and look at the paperwork tonight. Will keep you posted. Link to comment
turtle Posted August 11, 2005 Report Share Posted August 11, 2005 How much did you pay for this denied EAD? Isn't it like one hundred and something dollars? What a rip off. I'd at least ask for my money back. Although we all know the odds of that happening are pretty much zero... Link to comment
lele Posted August 11, 2005 Report Share Posted August 11, 2005 My wife Xia entered the US on a K1 on March 30, 2005 and we were married on April 10, 2005. I applied for AOS, EAD and AP at the same time and all were received on May 26, 2005. We just did biometrics yesterday for the AOS but today I received a denial letter in regards to the EAD. Xia did not receive a 90 day EAD as some have. The letter basically states that because her K1 visa was good for 3 months and that 3 months has now passed that she can no longer apply for employment. Of course, this should have been solved by us concurrently applying for the AOS. The end of the letter states: There are no provisions in Service regulations which provide for an appeal from this decision. So I'm not sure what to do. Reapply? Go to the office in Boston? This is exhausting. Thanks for any help--this site is fantastic. Best of luck to all of you. Kai and Xia It is ordered that your application for EA be denied.....145839[/snapback]GO TO BOSTON! We have had so many problems with the MSC. We just go to the Boston office and they know us there like their old friends. We sit and chat and catch up, and suddenly, everything is smoothed out a few days later... Good Luck... Link to comment
lele Posted August 11, 2005 Report Share Posted August 11, 2005 Welcome Aboard Kai and Xia What a welcome to America That is crazy!! I would start with phone calls to the USCIS "Help Line" and then try to get an appointment at your Local USCIS office to find out what is going on. This is the first time I have heard of anything like this.145845[/snapback]Ahhh! Not good IMHO... We really have found that the USCIS NO HELP LINE has caused more problems than not. Just go to infopass.uscis.gov (no www) and sign up online for the appointment in Boston! GL... Link to comment
tywy_99 Posted August 11, 2005 Report Share Posted August 11, 2005 I agree with both Dan and Frank. The AOS will make the EAD useless, voided and no good anyway. The worse thing about this ordeal is the loss of money paid for the card. Link to comment
tonado Posted August 11, 2005 Report Share Posted August 11, 2005 I agree with both Dan and Frank. The AOS will make the EAD useless, voided and no good anyway. The worse thing about this ordeal is the loss of money paid for the card.145911[/snapback]That is true but it will take about 1 year to get the conditional green card. So she won't be able to work for a while. Link to comment
Dan R Posted August 11, 2005 Report Share Posted August 11, 2005 The L.A. office seems to be speeded up. My friend got hers only 4.5 months after applying. Link to comment
lele Posted August 11, 2005 Report Share Posted August 11, 2005 Well, does anyone know how long Boston currently takes? When I look online, I can not see the length of time for the MSC to process i-485's. Does anyone know where this is? Link to comment
tonado Posted August 12, 2005 Report Share Posted August 12, 2005 The L.A. office seems to be speeded up. My friend got hers only 4.5 months after applying.145918[/snapback]Sometimes you have to wait for security check even though you pass the AOS interview. Link to comment
Trigg Posted August 12, 2005 Report Share Posted August 12, 2005 Well, does anyone know how long Boston currently takes? When I look online, I can not see the length of time for the MSC to process i-485's. Does anyone know where this is?145921[/snapback]https://egov.immigration.gov/cris/jsps/offi...lectedOffice=10this link takes you to the boston UCIS--looks like a little over a year!! Link to comment
Recommended Posts
Please sign in to comment
You will be able to leave a comment after signing in
Sign In Now