Millana

I went to Latham this morning to get my Interim card, my application pasts 90 days. They said I cant get one because I dont have pending AOS. I asked them if it is just the policy of their office, because I know a lot fo K3ers who were issued one and I was thinking maybe I could just go to another local office, and they said NO, BCIS do not do that. I tried talking to the supervisor and he also said the same.

This is really upsetting. I badly need a job. Anyone who knows a local office in NY that issues interim without pending AOS.

Btw, I told them also that the reason why I have not filed for AOS is because we never knew that our I-130 has already been approved, we never got any notice from them, only when I asked them to check their system did we find out that it HAS BEEN APPROVED 8 months ago.

Anyone's hep would be highly appreciated.

Rete

Quite honestly, I don't know of any K-3'ers who filed in Chicago for their EADs via I-765 based on their K-3 visa who received an interim EAD from their local office. I believe, and if I am wrong someone correct me, they all had to wait until their EAD was processed through the mail. Have you gone for your single digit fingerprint and the photo for the EAD yet?

As for the I-130 since the USCIS local office now knows you have an approved I-130 did they tell you to file for AOS? Or to call the NVC and find out what the heck happened to your approved I-130?

Rete

Millana

Yes, did all the index finger printing and photo there last Feb. 9. I came back last Monday (93rd day), the lady looked at my NOA and asked what else I have pending with BCIS, told her only the I-130. She gave me another form to fill in, wrote the appointment date and time on the upper right corner of it and said I should come back on Wed. (today) since they only issue Interim on these day from 8 am to 2 pm. Came back this morning, the same lady, asked me the same question, gave her the same answer. Then she said "How about AOS, you havent filed for that?", I said no, I am still waiting for my I-130 to be approved, then she said, "then we cant give you interim, you have to wait for the real one by mail.

About the I-130, the same lady also told me to file for Action on an Approved Application or Petition (filing fee $140) and will be $195 by Friday. I asked why do I have to pay for it, its not our fault that we didnt get the NOA, its not like we are requesting for ANOTHER copy of it.

I asked if I can talk to her Supervisor, it was granted, He was very kind and somewhat apologetic about the missing NOA, and told me to just file for AOS, he will just note on my application that I-130 was approved. I am now preparing the documents needed for that.


Btw, the lady quickly grabbed her liquid eraser and did some magic on the appointment note she wrote on my Application while I was waiting for her supervisor.

Thanks for your reply. I appreciate it.

Rete

I would not spend the money. I would definitely call the NVC. There should be a number on the first notice of action or perhaps someone here can give it to you. Tell me you never received notification of approval and you need to file for adjustment and need the NOA. Often that will work without having to incur additional expense.

Rete

cindyabs

Rete, we got an interim EAD w/o filing for AOS at our local in Atlanta.

Rete

See, someone did correct me. Thank you so much, Cindy.

Any clues why this one wouldn't give it to her?

Rete

cindyabs

No ma'am and that circumvents what it states on the 765 application, that if you haven't received your 765 in 90 days then you can apply for an interim. If you see on our K3 EAD thread, the trend has been that due to the slow processing times people have been forced to go get interims. Why her local should be any different than any others mystifies me. If it were me I'd fight it.............

Millana

Believe me Cindy, YOU are the first that came into my mind and the EAD thread. If anyone out there who were issued an interim in NY City perhaps.

I am not planning on spending more on filing for a copy. I called the BCIS hotline, told them we never got anything, the guy nicely said that I should get the notice in 30 days.

cindyabs

My thought would be are they refusing to issue you an interim simce you haven't filed for AOS is being confused with not being able to (in their minds) filing for AOS without an approved 130?

Rete

Just speculation but her I-130 has been approved for several months. Wonder if that is the root of the problem. Since I-130 approved she is eligible to either leave the US and interview in her own country for the spousal visa and/or is now eligible to file for Adjustment within the US.

Rete

cindyabs

That thought crossed my mind as well..............