MSC *EAD* Roll Call
 

Hey everyone :)

I thought this would be a good way to know how long we've all been waiting for our EAD's.

My husband's I-765 was only mailed out on April 10th. No receipt notice yet!

How far has everyone else come along? :)

Re: MSC *EAD* Roll Call
 

Our timeline below...
Looks like we're in the same boat!

WOW yeah we are :) I'm glad :) We'll be good support for each other.

Do all K3 applicants have to apply for an EAD to chicago ? I live in Tampa FL .
Thanks.

Hi guys:


Well this is my timeline:

We mailed the I-765 for the EAD to the Chicago address on 4/7/03 and still NO I-797 from them!!! Should I be getting nervous =-( ... this all seems way too familiar !!!

We mailed everything certified and returned receipt mail, no confirmation yet! I really hate all this stress. Good luck to you all, and lets keep eachother updated on our progress.

Xiomi...

How did your husband get his license so quickly? I know requirements vary by state, but just curious, what documents did he show at the DMV?

~Claudia

Just checked mailing status on the USPS website and it says my documents arrived in Chicago at 2:18am on 4-12-03. I guess this means just the postoffice, not the exact destination. I'll check again tomorrow.

~Claudia

I don't know IF you have to apply to Chicago as a K3, don't think so, BUT it sure seems faster than many of the District offices. Besides I think that's all they do in that one dept in Chicago as opposed to the offices elsewhere that have to handle all sorts of things.

I believe that as per the instructions on the form, all K3 applicants must apply via Chicago. Unless you're doing it simultaneously with AOS, in which case it would be at your local BCIS office. But I'm still not clear (someone answer me, please!!) as to whether a K3 can file for AOS if their I-130 has not yet been approved (ie: received the 2nd NOA).
My timelines for EAD via MSC is as follows:
Sent I-765 to Chicago - March 25
1st NOA dated March 28
1st NOA received April 2
Fingerprinting April 4
Waiting for 2nd NOA!

I believe you can go ahead and apply for AOS. I sure hope so 'cuz TSC has now upped the processing timeframe to 999 days for 130s......

I thought so too, until I spoke to an immigration lawyer who told me that K3 people don't have the grounds to do so. It's true - if you look at the I-485 form, there is no mention of K3. It just mentions those who have a 2nd NOA for I-130 in hand.
However, I've heard of K3 people doing the AOS thing without an I-797 showing approval of the I-130. I just don't know how one would go about doing so (refile I-130?)....I'll be keeping my eyes open, and I guess I'll go and check in the archives one day!

We received the return receipt for the delivery of our I-765 today. The stamp on it says it was signed for on April 13th. Also, just checked my bank account and the $120 have been withdrawn! WOOOHOOO! Come on NOA1!!!

I'm sure there's a Federal Register Posting that says that K-3/K-4 er's don't need an I-130 approval to file I-485... just the receipt ( 1st NOA). Give me time and I'll find it - unless someone else can remember it ' off the top of their head' ?

I think that attorney was wrong ( unless they advised you before the posting came out)....

Federal Register: August 14, 2001
(Volume 66, Number 157)] [Rules and Regulations]
[Page 42587-42595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr14au01-1]


IV. Adjusting Status From K-3/K-4 to Permanent Resident

As previously stated, the Service expects most K-3/K-4 aliens to quickly file for adjustment of status following admission to the United States. Those admitted as K-3/K-4 aliens do not have to wait for a visa number to become current and may apply for adjustment at any time following the filing of the Form I-130 petition (or both may be filed concurrently for the K-4). This section therefore explains some of the issues relating to adjustment from K-3/K-4 status to permanent resident status.

You can find it :-

http://frwebgate6.access.gpo.gov/cgi...ction=retrieve

And :-

http://k1.exit.com/fedreg.html

Thanks Lairdside, you have started my day off right, :)

Bless your dear heart! That is such a weight off my shoulders!!
It was thoughtful of you to go and look that up. I'm not surprised that so far most attorneys have continued to give misinformation as far as K3. It's very hard to know who to trust unless there is hard evidence in front of your eyes (ie: the Official Federal Register). I feel so lucky to have found the answers to so many questions in this forum.

My final concern is that I would love to file at the Boston office - because the EAD is same day. I will actually be living in Rhode Island though. I know that the Providence office is only a sub-office of the Boston one, but can I just go to Boston and file? How can I find this out? I haven't yet found contact numbers where I can speak to a human being at a BCIS office.