EAD mess, how can they do this and what do I do now??!!??
Mar 7th 2003, 4:20 am
#1
Guest
Posts: n/a
EAD mess, how can they do this and what do I do now??!!??
We were married in Peru 7/20/2001.
In October 2001 I applied for I-130 and after they received the
application I applied for the I-129F in December 2001.
Both the I-130 and I-129F were approved in January 2002.
The consulate in Lima said they process the I-129F for the K3 visa
because it is the fastest way to reunite the family. He had his
interview in March 2002 and was given his K3 visa.
He arrived in the US at the end of May 2002.
In June 2002 I applied for the Employment Authorization Document, they
sent us a letter in July 2002 asking him to go to the office in
Jamaica, Queens for photographs and fingerprints. He did this in July
2002. As of October 2002 I had not received any answer so I wrote a
letter to the Missouri Service Center where his EAD was being
processed. They approved the application and sent an approval notice
on November 6, 2002. I have never received the letter nor the actual
EAD card so I called the INS National Service Center and they told me
to show up at the NY center at 1 Federal Plaza and ask for a temporary
EAD card. When we finally got in as one of the first 50 people and
went through the process, they eventually told us they denied our
application for the EAD because we have not yet filed for adjustment
of status/residency. HOW CAN THEY DENY US WHEN IT WAS ALREADY
APPROVED?!?!?!
I have received varied opinions as to what to do. A lawyer next door
to my job told me that it is not necessary to apply for the adjustment
of status and that they should not have denied our petition.
A lot of people question why he came on the K3 and say we should have
just waited for the residency.
So, should I just pick a service to help with the paperwork? My
husband has gone to Concerned Citizens of Queens, will they help?
In October 2001 I applied for I-130 and after they received the
application I applied for the I-129F in December 2001.
Both the I-130 and I-129F were approved in January 2002.
The consulate in Lima said they process the I-129F for the K3 visa
because it is the fastest way to reunite the family. He had his
interview in March 2002 and was given his K3 visa.
He arrived in the US at the end of May 2002.
In June 2002 I applied for the Employment Authorization Document, they
sent us a letter in July 2002 asking him to go to the office in
Jamaica, Queens for photographs and fingerprints. He did this in July
2002. As of October 2002 I had not received any answer so I wrote a
letter to the Missouri Service Center where his EAD was being
processed. They approved the application and sent an approval notice
on November 6, 2002. I have never received the letter nor the actual
EAD card so I called the INS National Service Center and they told me
to show up at the NY center at 1 Federal Plaza and ask for a temporary
EAD card. When we finally got in as one of the first 50 people and
went through the process, they eventually told us they denied our
application for the EAD because we have not yet filed for adjustment
of status/residency. HOW CAN THEY DENY US WHEN IT WAS ALREADY
APPROVED?!?!?!
I have received varied opinions as to what to do. A lawyer next door
to my job told me that it is not necessary to apply for the adjustment
of status and that they should not have denied our petition.
A lot of people question why he came on the K3 and say we should have
just waited for the residency.
So, should I just pick a service to help with the paperwork? My
husband has gone to Concerned Citizens of Queens, will they help?
Mar 7th 2003, 4:53 am
#2
BE Enthusiast
Joined: Jan 2003
Location: PA - Philadelphia DO
Posts: 460
K3
You did need to apply for the Adjustment of Status. The K-3 visa allowed him to come to the US, but you needed to apply for permission for him to stay. Waiting for the spousal visa to be processed through the consulate means a longer separation time but no adjustment requirement. Maybe the wait was why you chose to go the K-3 route?
Mar 7th 2003, 6:53 am
#3
Concierge
Joined: Apr 2001
Posts: 46,469
Re: EAD mess, how can they do this and what do I do now??!!??
I'm familiar with the NYC INS but not with any office that they have in Jamaica, Queens. I know there is one in Garden City for naturalization and asylum cases. Where exactly did they send him for fingerprinting and for what? There is no fingerprinting for an EAD card. There is a digit fingerprint needed to make the card and they take your photo at the same time but you walk away with the EAD card in possession the same day.
He has two years in which to file for adjustment of status. If he entered in May, 2002 then he must file before May, 2004.
He is entitled to an EAD card and the initial application is to be filed with the Missouri Service Center where your I-129F for the K-3 was initially processed. Did you file there? Or did you file at the NYC Office? If at the NYC Office, then it would be understandable why you were denied.
I don't know about the Concerned Citizens of Queens in New York but I understand Catholic Charities has an excellent immigration service.
Rete
He has two years in which to file for adjustment of status. If he entered in May, 2002 then he must file before May, 2004.
He is entitled to an EAD card and the initial application is to be filed with the Missouri Service Center where your I-129F for the K-3 was initially processed. Did you file there? Or did you file at the NYC Office? If at the NYC Office, then it would be understandable why you were denied.
I don't know about the Concerned Citizens of Queens in New York but I understand Catholic Charities has an excellent immigration service.
Rete
Originally posted by Prciosasoy
We were married in Peru 7/20/2001.
In October 2001 I applied for I-130 and after they received the
application I applied for the I-129F in December 2001.
Both the I-130 and I-129F were approved in January 2002.
The consulate in Lima said they process the I-129F for the K3 visa
because it is the fastest way to reunite the family. He had his
interview in March 2002 and was given his K3 visa.
He arrived in the US at the end of May 2002.
In June 2002 I applied for the Employment Authorization Document, they
sent us a letter in July 2002 asking him to go to the office in
Jamaica, Queens for photographs and fingerprints. He did this in July
2002. As of October 2002 I had not received any answer so I wrote a
letter to the Missouri Service Center where his EAD was being
processed. They approved the application and sent an approval notice
on November 6, 2002. I have never received the letter nor the actual
EAD card so I called the INS National Service Center and they told me
to show up at the NY center at 1 Federal Plaza and ask for a temporary
EAD card. When we finally got in as one of the first 50 people and
went through the process, they eventually told us they denied our
application for the EAD because we have not yet filed for adjustment
of status/residency. HOW CAN THEY DENY US WHEN IT WAS ALREADY
APPROVED?!?!?!
I have received varied opinions as to what to do. A lawyer next door
to my job told me that it is not necessary to apply for the adjustment
of status and that they should not have denied our petition.
A lot of people question why he came on the K3 and say we should have
just waited for the residency.
So, should I just pick a service to help with the paperwork? My
husband has gone to Concerned Citizens of Queens, will they help?
We were married in Peru 7/20/2001.
In October 2001 I applied for I-130 and after they received the
application I applied for the I-129F in December 2001.
Both the I-130 and I-129F were approved in January 2002.
The consulate in Lima said they process the I-129F for the K3 visa
because it is the fastest way to reunite the family. He had his
interview in March 2002 and was given his K3 visa.
He arrived in the US at the end of May 2002.
In June 2002 I applied for the Employment Authorization Document, they
sent us a letter in July 2002 asking him to go to the office in
Jamaica, Queens for photographs and fingerprints. He did this in July
2002. As of October 2002 I had not received any answer so I wrote a
letter to the Missouri Service Center where his EAD was being
processed. They approved the application and sent an approval notice
on November 6, 2002. I have never received the letter nor the actual
EAD card so I called the INS National Service Center and they told me
to show up at the NY center at 1 Federal Plaza and ask for a temporary
EAD card. When we finally got in as one of the first 50 people and
went through the process, they eventually told us they denied our
application for the EAD because we have not yet filed for adjustment
of status/residency. HOW CAN THEY DENY US WHEN IT WAS ALREADY
APPROVED?!?!?!
I have received varied opinions as to what to do. A lawyer next door
to my job told me that it is not necessary to apply for the adjustment
of status and that they should not have denied our petition.
A lot of people question why he came on the K3 and say we should have
just waited for the residency.
So, should I just pick a service to help with the paperwork? My
husband has gone to Concerned Citizens of Queens, will they help?
