Grapes

Hi all,

Well, I've been here in Georgia now since the end of April and I have to say I'm very much settled in and happy with my decision! We got married on 10 June on a beautiful day in Savannah, it really was worth all the effort.

I've filed for my AOS and I've got my Biometrics interview on Wednesday, so the ball is rolling but should I be applying for EAD in the meantime? I really do want to get working ASAP as I'm going a little stir crazy, not to mention the fact another income is something we need sooner than later...

Am I also right in thinking that I can't get a US driver's licence or social security number
until my AOS is complete?

Rete

Congratulations on the wedding and on your acclimation to the states.


Ahhhh, when you filed for AOS didn't you also file the I-765 for the EAD and the I-131 for the Advance Parole? You were suppose to as the AOS fee included both those applications as well.

The biometric appoint is usually for the production of the EAD/AP which are both on the same card.

So please let us know that you didn't screw up and did file the I-765 and I-131 at the same time as you file the I-485, I-865 and the other required docs.

Hmmm, without going back to your original postings, did you come to the US on a K-1 fiancé visa? Or did you just waltz into the US, married and remained to adjust status?

If you came on a K-1, you were eligible to get your social security number when you first entered the US before the 90 days on the K-1 expired. If it has not expired you can still attempt to get it. No harm in trying.

If you are eligible for a social security number, then yes, you can't get a driver's license until you have it but also you need some proof that you are legally in the US and have USCIS permission to remain. In your case, until the AOS is approved/adjudicated, that would be your EAD.

Rete

Just as a side note, you tacked this post on an old thread of yours from 2016. It would serve you far better (and others who rely on threads to help them understand the process) if this were a separate thread.

Would you like me to ask a moderator to make it a stand alone thread for you or would you prefer to have it linked to the 2016 thread.

Grapes

Well it certainly sounds like I've screwed up as I didn't apply for EAD/AP... I take it I can't do that retrospectively? I came in on a K1, yes, but that has now expired so does that mean I can't apply for SSN either?

Grapes

If it makes it easier for others then no problem having this as a separate thread; I only tacked it onto the existing one as it's one journey for me personally...

ian-mstm

Quote:

Originally Posted by Grapes

I take it I can't do that retrospectively?

Actually, you can still apply for both. There will be no charge for either so long as you include proof of your I-485 filing.

Quote:

I came in on a K1, yes, but that has now expired so does that mean I can't apply for SSN either?

Alas, this is true. You were eligible to file for a SSN up until day 76 of your visa... but now that the visa is expired, you must wait either for an EAD or a green card (whichever comes first) before you can apply for a SSN.

Ian

Grapes

Thanks Ian, I'll get straight on to that in the morning and send them off with the receipt for my I-485. My heart sank when I saw Rete's reply, so you've just made my night a lot easier even though I'm irritated at myself for missing it in the first place.

Bad news about the SSN, though... I thought I'd covered everything but I was misinformed about that.

Grapes

I'm confused about the I-131... Do I send this regardless of the fact I've no plans to leave the US at the moment; is this form completed so that if I need to leave (for a family emergency, for instance) then I have clearance to do so? The form only seems relevant to me having a trip planned, I can't seem to figure out how to complete it on the basis I may just need to leave at some point.

Rete

Glad Ian got to you. I was having my dinner. Sorry about that. Yes, all you lost was time and not much of that either.

Yes, it doesn't have to be for an emergency. If you want to go on vacation anywhere outside of the US, i.e. even if it just the Caribbean or Mexico, before your AOS is adjudicated then you need to use the A/P

Just put in "to be determine" where they ask for intended date(s) of travel.

ian-mstm

This! You are free to leave the US at any time - after all, you're not a prisoner here. However, if you leave without Advance Parole, your AOS application will be deemed abandoned and you'll be stuck outside the US with no way to return... and you'll have to start over again with a spouse visa - which will take 8-10 months.


The choice is yours, of course - but: a) there's no cost; and b) in the event of an emergency, you'll have a difficult choice to make.


Where it asks for dates... put in any dates. US immigration isn't going to hold you to them. Believe me - you don't want to be in the position of having to leave for an emergency back home, and then having to make a decision at that point in time whether or not you should.

Ian

Grapes

Thanks again, Ian. This is what I assumed but just wanted clarification; I'll get this all done and sent off later today.

Grapes

Thanks Rete! That clears it up, I'll get the form done today

Grapes

Well, here we are in January and I still don't have a temporary work permit, a travel document or an interview date for AOS, all of which I received I-797 docs for back in July/August. I'm told USCIS currently 'months' behind, which is not good news... I'm not overly concerned about my AOS - always accepted that will take as long as it takes - but the employment issue is now driving me insane.

I've submitted enquiries and my wife has emailed her congresswoman but I'm about ready to crack up just waiting around and basically being a house-husband for 8 months! It was meant to take no longer than 90 days and I'm on 136 days now...

tom169

Has the congresswoman actually enquired?

I successfully expedited my EAD based on financial loss to a company. I just had to provide a job offer letter to USCIS.

Grapes

No, we've heard nothing back from her but that's not overly surprising given the time of year. I was actually approached about a VERY good position prior to Christmas but I didn't take it any further because of the EAD! Wish I'd thought of that...