smitbyabrit

Hello, I looking for assistance from someone who has been in my shoes... I am a US citizen who married an English man. He was approved to move to the USA on a K1 APPROVED visa. As anyone who has a K1 visa knows, we had 90 days to marry. He moved here on June 1, 2008. We sent his Authorization for Employment off on June 5th- as we were instructed by Immigration to do so as soon as we could.

When we received his Notice of Action, a week later, we noticed his name was totally incorrect. His Middle name was his FIRST name and his first name was his LAST name. My husband called asked that they make the change so that his name matches his paperwork. They told my husband that they would make the change but they do not send duplicate letter letting us know the change has made. They could however send an email to him so we could keep record that USCIS has noted the "typographical' error.

We did receive an email from them, surprisingly! We called in August 1st as instructed by the customer service rep at USCIS, to see where the progress was. They said that the application was still being processed. They said we should see something by mid August if we dont, it could be another couple months. YESTERDAY, October 14th we received a DENIAL notice with no appeal. They had his name still INCORRECT and said that he was denied for the fact that his visa expired on August 30. His VISA CLEARLY STATES THAT IT EXPIRES ON SEPTEMBER 3,2008.

So I dont know where they got the 30th of August as well as why is name is still incorrect. I am so angry and upset because we followed the rules and directions to each application within the VALID 90 days. When there is an issue it's jumping hoops to speak to someone. When you finally get through the represenative can only read what's off the screen or direct you to a local immigration office to speak to someone (if your lucky enough that speaks loud and clearly that doesnt look as if the world is about to end).

Shouldnt a person processing the applications at LEAST know what each visa is about as well as making sure that the information they are processing is CORRECT?? If anyone has been in my shoes and can shed any light and assist on what we should do. I have sent off a letter to my state senator asking that his office look into this for us. I am so upset and disgusted with the process we have in place. Especially knowing well enough to know that there are so many ILLEGAL aliens working in this country earning a living and when people go about it the proper way are given hoops to jump through not to mention spending a decent amount of money!

Thanks for letting my vent!

Ray

Obviously a misunderstanding somewhere
time for a face to face meeting ..

make an Infopass appointment ..

http://infopass.uscis.gov/

Bluegrass Lass

Hi, as this is your first post, welcome to BE.

Unfortunately, it is well known that the operators answering the phones on the USCIS 1-800 number are all contractors who CANNOT tell you anything beyond what they see on their screen, and can only read to you from a given 'script' that they have.

That being said, I have several questions for you:

1) Did you and your spouse marry within 90 days of him entering the US on his K1 visa?
2) Did you file for his Adjustment of Status to Permanent Resident? If so, I assume you filed the I-485, I-765, and I-131?

In order for your new husband to get an EAD (employment authorization), you HAVE to have filed the I-485 and I-765 after you got married. Is that what you did? It's not clear from your post.

I'm sorry you are dealing with this, but the absolute best thing you can do is to make an Infopass appointment with your local district office immediately so sort this all out. The people on the phone absolutely cannot help you.

The Horticulturalist

I'm with Ray on that one, good luck in sorting it out!

Duncan Roberts

When did you get married and send in the adjustment of status package. I'm not positive but the visa either "expires" when you get married or when you submit the AOS package. After that you submit the AOS package, including the EAD which is based of the AOS and not the k-1. I know it's too late but there is no point really in filing for an EAD off the k-1 immediately because the amount of time it takes to process. If you don't get the stamp at JFK then it's better to just wait until after you get married and then file. Never trust the information given via phone system, always research and research it some more and anything important, do it in person whenever possible.

smitbyabrit

Thank you! I have an appointment Friday. We will see what comes of it. I am tired of the nonsense. He is even allowed to get a state driver's license until he gets approved for employment. Strange! Thanks agian for your support!

Rete

They are right. Your husband was foolish to apply for the 90 day temporary EAD. He should and can apply for his one year EAD when he applies for his adjustment of status. The fee of $1,010 includes the fee for the I-765 for the one year EAD and the I-131 fee for advance parole to travel outside of the US.

meauxna

Oops, shouldn't have gone there....

Take out the I-765 your filed--you kept a copy, right? Let us know which code you used to apply.
Next, forget about that EAD. What you (most likely) did was apply for the EAD as a 'K-1 Fiance). The EAD for that code is valid for 90 days, the same period of time as the legal admission for a K-1. The expiration date that you are so fired up about is the expiration of his I-94. As of Sept 1, your dearest is no longer in K-1 status.

OK, let's fix it. You have married within the required 90 days, yes?

Now your husband needs to apply to Adjust Status to Permanent Residence. This nets him a 'Green Card' and permission to live and work in the US and travel in/out freely. When he applies for AOS, he may also apply for an EAD to use while waiting for his Green Card. This EAD is valid for one year and you must apply with the code for Adjustment of Status.

I'm sorry you didn't know about this ahead of time, but there is no fight left in your original EAD application if you applied under the 'fiance' code.
I'm also going to move your post to the marriage-based visa forum here.

Folinskyinla

Hi:

Despite the name change, the denial was a correct one. You are confusing the terms of ADMISSION with the terms of the VISA. He was admitted on June 1, 2008 so the initial admission was valid until August 30, 2008. Once the K-1 VISA is used, it ceases to be relevant. Also, October 14, 2008 is AFTER September 3, 2008, no?

You wasted your money in applying for an EAD based upon the K-1 -- and that is YOUR fault. CIS may have messed up the name, but that is irrelevant.

I assume you married before August 30, 2008 -- if you applied for adjustment, you should have filed for an EAD concurrently. If the I-485 is on file and you have the receipt and you did NOT file for an EAD, you can file NOW for no charge.

meauxna

Yes, a misunderstanding, but Infopass will not fix it.

Infopass will not straighten this out and it is not nonsense. You may want to search for one of the many user-generated guides online to help with the AOS if you are not hiring a lawyer to assist you.

smitbyabrit

Thank you for the welcome! I wish I would have found thie site eariler!

We married 32 days after arriing in the US. He was told by the Immigartion Officers are Newark Airport that he was to fill out the I-765 as soon as he could and that process started. We didnt have to be married. We filed for the 1-485 at the end of August befor eteh deadline in September.
What is the I-131? Im confused as to why Newark officials would say file ASAP if we needed to be married first? See that's the other issue I have, They dont tell you enough information about the process. I wasnt allowed on the room at Newark. Had I been, there would been alot more questions I would have them answer before I left. I have an appt on Frioday through INFOPASS. Thanks again!

Rete

And yes, once again they are correct. Your fiancee's [hopefully, now husband's] K-1 visa expired as of 12 a.m. August 30. Count for yourself. there are 90 days between June 1 and August 30.

Folinskyinla

Hi:

I see we posted together with the same advice.

By the way, in my opinion, I think the marriage operates as an "automatic" adjustment of status subject to the condition. However, this argument is based upon the actual statute. In 1986, the former INS decided to "interpret" the statute as saying something other than it says. There is actually litigation going on about this in both the K-1 and K-2 arena. I have TWO oral arguments scheduled before the 9th Circuit Court of Appeals on November 21, 2008 in Pasadena.

Read section 214(d) of the Immigration & Nationality Act, the K-1 & K-2 non-immigrants become deportable as an overstay if they fail to marry within 90 days.

Folinskyinla

Hi:

It pays to remember that you have no right whatsoever to rely on advice from Government employees. The Supreme Court held many years ago that if you rely on incorrect advice, that is YOUR problem.

smitbyabrit

Hold up- First let me tell you that the Newark Immigration officials gave him the form that he needed for the EAD. Being NEW to this process, it should be that we trust the professionals, now we know better, to guide the way for us. We were told at the airport to send of ASAP. So we did! His i-485 was sent after we were married. We were married 32 days after his arrival and yes I can do the math!