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Houston adjustment of status

Houston adjustment of status

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Old Mar 21st 2002, 10:50 pm
  #1  
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Default Houston adjustment of status

Hi y'all

I wish I'd found this site a long time ago!!

I'm English came over July last year with my daughter on a K1/k2 and married my USC husband last august. Have just sent I485's and I765 to Houston along with all the supporting documentation and fees.

I have since been reading that it's possible to do these applications on a walk in basis. Is this true of Houston and is it now possible for me to turn up and ask them to find my paperwork and issue on the day??

I suspect not so in that case does anyone know of the delays in Houston and how I go about hastening the authorisation to work?? And in the event that I've been married for 2 years by the time we get our interview will my daughter and I get permanent residence without the conditional bit??

Thanks y'all
coral
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Old Mar 21st 2002, 11:20 pm
  #2  
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Default Re: Houston adjustment of status

Is it possible? Yes. Likely? Doubtful. I think my wife and I were extremely lucky in that we happened to have a mid-management level worker take our case b/c the case load was so backed up. All of our paperwork was processed that day and she made demands on our behalf to process the EAD card that day and issue the Advanced Parole that day as well. So, in one trip we managed to file and process all paperwork, get conditional status for my (Canadian) wife through the interview, advanced parole, and EAD. We were fortunate - a day that began at 1:30 a.m. and ended ten hours later - 90% of which was spent waiting somewhere for something.

We just recieved her green card this week after getting fingerprints last November. The process, in total, for us was 410 days - much less than many here at Houston who have been waiting upwards of 3 years.

As far as hastening the work, the only routes are to write to a Congressman who is willing to petition on your behalf. Congressman Culberson here in Houston has a great dept. for these issues if you are in his district here. A lawyer can sometimes speed it up - but from what I understand, not at the cost. To have paperwork expedited is another option, but in our case the request was made in person and we got a stamp on the paperwork.
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Old Mar 21st 2002, 11:52 pm
  #3  
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Default Re: Houston adjustment of status

Thanks for the reply - but not exactly what I'd hoped to hear!!

I don't live in Houston and haven't a clue who our Congressman is but I guess I'll have to find out. Isn't there some way of putting pressure on the INS if I don't get work authoprisation within 90 days of them notifying me of receipt of the form?? I thought I'd remembered seeing something to that effect somewhere???

And without anything verifying that I'm here legally how do I manage to conduct business - like getting health ins, mortgage apps and the like??

coral
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Old Mar 22nd 2002, 4:05 am
  #4  
Mrs Blackross
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Default Re: Houston adjustment of status

"Coral" <[email protected]> wrote in message
news:[email protected]...
    > Thanks for the reply - but not exactly what I'd hoped to hear!!
    >
    > I don't live in Houston and haven't a clue who our Congressman is but I guess I'll
    > have to find out. Isn't there some way of putting pressure on the INS if I don't
    > get work authoprisation within 90 days of them notifying me of receipt of the
    > form?? I thought I'd remembered seeing something to that effect somewhere???
    >
theyre supposed to issue an EAD if it has taken longer than 90 days since the NOA,
though I am not sure how you would go about getting it..depends on the INS office
you're dealing with.

    > And without anything verifying that I'm here legally how do I manage to conduct
    > business - like getting health ins, mortgage apps and the like??
    >

short answer is...you don't. Once you get your EAD though, you can actually start to
have your identity back...you can go get your driver's licence, SSN, bank accounts, a
job, and health insurance. Though from some recent postings, looks like getting a
mortgage is out of the question, the lenders want to see an actual GC first.

    > coral
    >
    >
    >
    > --
    > Posted via http://britishexpats.com
 
Old Mar 22nd 2002, 7:27 pm
  #5  
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Default Re: Houston adjustment of status

Thanks for the reply Mrs B.

When I entered Houston on the K1 my I-94 was stamped as employment authorised although the I-94 stamp expired 30th October last year - which was the 90 days in which I had to marry. This did at least enable me to get my SS# which in turn allowed me to open a bank account and get an identity card - I'm still driving on my British licence at the moment.

What would the penalty be if I took a job - I know that the INS would be notified of my employment - would that make them hurry up??

And what about this idea of simply turning up at Houston and asking them to locate my file and process it there and then??

thanks
coral
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Old Mar 22nd 2002, 9:59 pm
  #6  
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Default Re: Houston adjustment of status

"When I entered Houston on the K1 my I-94 was stamped as employment authorised although the I-94 stamp expired 30th October last year - which was the 90 days in which I had to marry. This did at least enable me to get my SS# which in turn allowed me to open a bank account and get an identity card - I'm still driving on my British licence at the moment."

My wife just received her TX drivers license - it was a great deal of trouble b/c she bought a vehicle over. Did you? If so, then let me know so I can give you a couple of pointers so you can avoid some of the headache.

"What would the penalty be if I took a job - I know that the INS would be notified of my employment - would that make them hurry up??"

I would not push them via this manner. If you take a job and don't have an EAD card, you may be risking a bit too much. I also think you would have a problem gaining employment without the card or the 90-day validity - my wife tried it while during the 90 days and had no luck. Most places in Houston want the EAD card. Plus, I am not sure if anything would make them 'hurry up'. Did you have a company express a willingness to hire you despite the INS questions? Many employers are leery of taking your word that it is 'in the mail' - filing in person in Houston would have been the preferred way.

"And what about this idea of simply turning up at Houston and asking them to locate my file and process it there and then??"

There is nothing 'simple' about 'turning up at Houston' - trust me. It is a very early start, the pull of a number, and waiting. It's an all day affair. Efficiency is not their priority, so I think finding your case may be tougher than it should be. Then, you have to go to Houston on certain days before a certain time when they are issued. And you MUST HAVE an official green letter before the admittance lady will even let you sit in the lobby. So, you cannot just walk up to the EAD office and say you want it - you need to speak with an officer first and they will mail you an appt. notice and then you can return. But do not casually stroll up to the Houston office late in the morning ready to ask questions - otherwise, you'll have quite a lengthy wait ahead of you.

Jonathan
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Old Mar 23rd 2002, 7:25 am
  #7  
Mrs Blackross
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Default Re: Houston adjustment of status

"Coral" <[email protected]> wrote in message
news:[email protected]...
    > Thanks for the reply Mrs B.
    >
    > When I entered Houston on the K1 my I-94 was stamped as employment authorised
    > although the I-94 stamp expired 30th October last year - which was the 90 days in
    > which I had to marry. This did at least enable me to get my SS# which in turn
    > allowed me to open a bank account and get an identity card - I'm still driving on
    > my British licence at the moment.

Be careful you don't get pulled over, most states only let you use an out of state or
out of country licence for a maximum of around 30-60 days (it varies...in MD it was
30 days i think) and then you're supposed to get a local licence or not drive.
    >
    > What would the penalty be if I took a job - I know that the INS would be notified
    > of my employment - would that make them hurry up??

YOU wouldn't be penalized, however, I doubt any reputable employer will let you start
working without a valid EAD. I just started a job here this month...they wanted to
hire me way back in January but my EAD wasn't approved and they could not even give
me a formal offer until I got the EAD. Also all (as far as i know "all") US employers
are required to file a form called an I-9 for every new employee, and this is the
form where you prove your authorized to work...if you don't have a valid EAD, then
they would have to lie on that document or not file it, which could get them in alot
of trouble.
    >
    > And what about this idea of simply turning up at Houston and asking them to locate
    > my file and process it there and then??
    >
    > thanks coral
    >
    >
    >
    > --
    > --
    > Rete and Jim (Can/Am Alumni '98)
    >
    > The K1 FAQ http://www.k1faq.com The Mysterious Sealed Brown Envelope
    > http://www.k1faq.com/faq_index.htm Update AOS Experiences at:
    > http://www.kamya.com/interview/intro.html Update POE Experiences at:
    > http://www.k1poelist.com/ Update AOS filing: http://www.kamya.com/aos/ I-130/I-485
    > Helpsite at: http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > http://www.geocities.com/immigration...-130/index.htm AOS filing; AOS,
    > I-130 and K-1 Interview Experiences: http://www.kamya.com/interview/intro.html
    >
    >
    > Posted via http://britishexpats.com
 
Old Mar 23rd 2002, 12:14 pm
  #8  
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Default Re: Houston adjustment of status

Thanks to you both for your advice.

Razor - I didn't bring my car over so one less hassle I'll have to deal with I guess...

Mrs B - I believe that Texas allows one to drive on a British licence for one year (but I am swotting up to take my test imminently so wish me luck!!) My insurer knows that I'm driving on a British licence and have been since last April and that hasn't caused a problem so I'm assuming it's legal?????

Back to the subject of working before I get my EAD - I live in a tiny little town where most employers I'm sure would assume that because I have a SS# that would be sufficient. I would not be prepared to lie on any forms though so that would be the stumbling block I suspect.....

Any ideas on my question regarding getting permanent residence without conditions if I have been married for 2 years by the time INS get around to adjusting my residence status??

coral
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Old Mar 23rd 2002, 5:35 pm
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Default Re: Houston adjustment of status

"Coral" <[email protected]> wrote in message
news:[email protected]...
    > Thanks to you both for your advice.
    >
    > Razor - I didn't bring my car over so one less hassle I'll have to deal with I
    > guess...
    >
    > Mrs B - I believe that Texas allows one to drive on a British licence for one year
    > (but I am swotting up to take my test imminently so wish me luck!!) My insurer
    > knows that I'm driving on a British licence and have been since last April and that
    > hasn't caused a problem so I'm assuming it's legal?????

Texas actually requires new residents of the state to get a Texas license within 30
days, check out the Texas Drivers handbook (from any DMV office). Defining 'resident'
is interesting. If, eg, you had moved from NC to TX and had an NC license, then you
must change it for a TX license within 30 days. If you had moved from overseas and
obtained US permanent residence within 30 days (as certainly used to be possible with
the K1 walkin AOS at Dallas which now appears suspended), or even within one year,
then I think the meaning of 'resident' is fairly unambiguous and the state of Texas
or the nice friendly state trooper would be justified in stating that since you had
an I-551 or green card then you must be a resident and so should have a TX license.
But if you have a long wait for AOS then I don't know whether the DMV would regard
you as officially resident. It puzzled me, I have never got a clear answer. Anyway I
have a TX license now and the test is not hard - good luck.

    > Any ideas on my question regarding getting permanent residence without conditions
    > if I have been married for 2 years by the time INS get around to adjusting my
    > residence status??

Not my situation but I understood if they grant you residence after you have been
married for 2 years or more then you would get the 'unconditional' version ie a 10 yr
green card not 2 year card, and would not have to file I-751 to remove conditions
after 2 yrs.
 
Old Mar 23rd 2002, 6:28 pm
  #10  
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Default Re: Houston adjustment of status

[QUOTE]Originally posted by .
But if you have a long wait for AOS then I don't know whether the DMV would regard
you as officially resident. It puzzled me, I have never got a clear answer. Anyway I
have a TX license now and the test is not hard - good luck.
[/B][/QUOTE

I'm counting on this ambiguity if I get pulled over by a state trooper after all at my age I can't rely on good looks alone any more

And any way why should they have it both ways - if they won't give me permanent residence officially then how dare they apply permanent resident rules.... I know I know two different agencies and logic rarely applies but heck I live down a dirt track road in the middle of a Texas national forest with only the rattlesnakes, coyotes and armadillos for neighbours so if I couldn't drive my way out of here from time to time I'd go nuts......

Would you sympathise if you were a state trooper???? Even if I am old and ugly????
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Old Mar 23rd 2002, 11:35 pm
  #11  
Mrs Blackross
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Default Re: Houston adjustment of status

"Coral" <[email protected]> wrote in message
news:[email protected]...
    > Thanks to you both for your advice.
    >
    > Razor - I didn't bring my car over so one less hassle I'll have to deal with I
    > guess...
    >
    > Mrs B - I believe that Texas allows one to drive on a British licence for one year
    > (but I am swotting up to take my test imminently so wish me luck!!) My insurer
    > knows that I'm driving on a British licence and have been since last April and that
    > hasn't caused a problem so I'm assuming it's legal?????
    >
not from what I read...it appears that once you move to TX you have 30 days to get a
TX licence. see http://austin.about.com/library/weekly/aa052200b.htm scroll down to
#4..it is specific to Austin TX however I would bet it applies to the entire state as
well......you probably should have gone and got your licence while your K1 EAD stamp
was still valid. And, (at least around here in MD) the car insurers don't really care
where your licence is from as long as you pay your premiums. LOL Regardless if INS
or the DMV considers you an official permanent resident as far as your immigration
status is, the fact that your domicile is there (meaning you actually live there,
sleep there, eat there, get mail there, etc) is enough to make you fall under the
local state's rules regarding whether your driver's licence is valid or not. If they
are like SC and will not issue a DL until you get your GC, then you have to get used
to public transportation, or bum alot of rides off your hubby and friends. Just be
glad you don't live in SC. their DMV won't issue a driver's licence even if you
produce an EAD and SSN. As far as I know, SC is the only state that interprets the
law that way, and there are some members of this NG working hard to change it.

I am awaiting AOS but with just producing my EAD, marriage licence, and mail from
the INS addressed to me at this address (to show I live here) MD issued me a
drivers licence. Technically if you can produce an EAD or some document showing you
are approved to work or go to school in the US, it is enough proof of legal
residency and by law they have to give you a licence. (SC is the only state that
seems to misinterpret this and from the new amendments they are making SC will be
changing soon.)

    > Back to the subject of working before I get my EAD - I live in a tiny little town
    > where most employers I'm sure would assume that because I have a SS# that would be
    > sufficient. I would not be prepared to lie on any forms though so that would be the
    > stumbling block I suspect.....
    >
you can try to work but I wouldn't plan on a reputable employer allowing you to start
before you get an EAD. By simply using your SS# without legal authorization you are
essentially misrepresenting your authorization to work, so you would be lying even if
you don't have to fill out one of those forms...you could get a potential employer
into alot of trouble that way if INS finds out.

    > Any ideas on my question regarding getting permanent residence without conditions
    > if I have been married for 2 years by the time INS get around to adjusting my
    > residence status??

If your AOS interview happens after your second wedding anniversary you skip the
conditional residency and get a full 10 year card. It's like a reward for being so
patient. LOL

    >
    > coral
    >
    >
    >
    > --
    > Brian
    >
    > Posted via http://britishexpats.com
 
Old Mar 24th 2002, 1:35 am
  #12  
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Default Re: Houston adjustment of status

"Mrs Blackross" <[email protected]> wrote in message
news:[email protected]...
    >
    > "Coral" <[email protected]> wrote in message
    > news:[email protected]...
    > > Thanks to you both for your advice.
    > >
    > I am awaiting AOS but with just producing my EAD, marriage licence, and mail from
    > the INS addressed to me at this address (to show I live here) MD issued me a
    > drivers licence. Technically if you can produce an EAD or some document showing you
    > are approved to work or go to school in the US, it is enough proof of legal
    > residency and by law they have to give you a licence. (SC is the only state that
    > seems to misinterpret this and from the new amendments they are making SC will be
    > changing soon.)

That may be the case in MD but states vary in what documentation they require in
order to issue licences. The TX driver handbook is explicit on what is accepted.
However, so far as Coral is concerned, I believe she mentioned she had a Texas ID
card. That will be valid photo ID for the purpose of getting the licence, according
the the handbook. As far as when she applies for an instruction permit and takes the
eye/written test, then takes the road test and gets her full licence, I don't believe
they will question that she is over the 30 days (they didn't for me, and I had an
I-551 over 30 days old, so they had no doubt that I had been resident over 30 days,
they couldn't seem to care less)
 
Old Mar 27th 2002, 5:30 am
  #13  
Tim
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Default Re: Houston adjustment of status

Too bad you mailed in the forms.

The Houston office does allow walk-in filings and it does expedite the process. For
the past few years most walk-in K-1 adjusters at Houston have been able to get a
same-day EAD card on their first visit. Additionally, we've had recent reports of
Houston being even nicer to K-1 adjusters. What seems to be happening now is that the
Houston office is giving K-1 adjusters special treatment to expedite their
processing. We've just had a report here of a K-1 adjuster who received her AOS
interview within 2 months of a walk-in filing. So what appears to be happening now is
that walk-in K-1 adjusters at Houston are being allowed to "jump the queue" ahead of
all the rest of us K-1 adjusters who have had applications pending in the Houston
office for years. Not a good or fair situation for those of us (like my wife) waiting
patiently and having to pay a couple of hundred bucks to renew her EAD and AP every
year. Still, I'm happy for those K-1ers getting the good treatment now, and I keep
the candle burning that they as they tackle their backlog they will give this same
priority treatment to K-1 adjusters as they run across our applications (dream on,
yeah I know).

I personally don't think you will have any luck if you go there in person and ask
them to track down your mailed-in forms. They'll probably just stare at you
blankly. However, they are usually pretty good about mailing you a filing receipt
after they process your payment. Watch for that to arrive. Guard it with your life
when it comes.

Now, you do have an option for your EAD. Here is an excerpt I've taken from the
Houston INS website:

"If you have not received the letter after 90 days: You may come to our office with
all the supporting documents mentioned above, along with your receipt to be processed
for your EAD card. You need to come during the EAD operating hours on Wednesday,
Thursday and Friday from
7:00 AM to 10:00 AM. After going through the line, you do not need to obtain a
ticket, go to the EAD unit for your inquiry. In most cases, you will receive an
"expedite" notice."

So when that receipt comes, make a note of the date on it. If you have not gotten the
EAD appointment letter from them by the 91st day after that date, you can do a
walk-in visit and get the EAD done then. (Disclaimer: this is what they claim on
their website, but I've seen info there that proved wrong before.)

For your last question: if you have waited 24 months or more before you get the AOS
interview, you will indeed receive the unconditional green card (if you pass the
interview of course).

Hope this helped some. Welcome to the Wacky World of the Houston INS.

Regards, Tim

Coral <[email protected]> wrote in message
news:<[email protected]>...
    > Hi y'all
    >
    > I wish I'd found this site a long time ago!!
    >
    > I'm English came over July last year with my daughter on a K1/k2 and married my USC
    > husband last august. Have just sent I485's and I765 to Houston along with all the
    > supporting documentation and fees.
    >
    > I have since been reading that it's possible to do these applications on a walk in
    > basis. Is this true of Houston and is it now possible for me to turn up and ask
    > them to find my paperwork and issue on the day??
    >
    > I suspect not so in that case does anyone know of the delays in Houston and how I
    > go about hastening the authorisation to work?? And in the event that I've been
    > married for 2 years by the time we get our interview will my daughter and I get
    > permanent residence without the conditional bit??
    >
    > Thanks y'all coral
 

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