My Story -- Looking For Advice/Assistance

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sfprincess

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Hello!

I am a USC who got married to my b/f of 3.5 years on April 1st, 2007. He is a Pakistani-descent British citizen who has been working on an OPT since July 15, 2006. I am a full-time graduate student. We went through the filing process on our own and gathered up all of the necessary documents. We mailed them May 25th and got a receipt date of June 14th. Our forms (I-130, I-485, I-765) are at the NBC.

My husband was approved for his OPT July 15th, 2006, but never received the card. Instead he showed a computer print-out of the USCIS confirmation that he was approved. This was satisfactory for his company and we assumed that it would be okay for the USCIS offices since they had approved it in the first place. I would have pushed my husband to get the replacement card a little harder if I had known the hassle it would be now.

We received the RFE on July 12th stating that we needed to provide more information for the Affidavit of Support (particularly, the EAD from July 15, 2006). Since there was no time at this point to request a replacement card, we went with a joint sponsor (my mother) whose income was enough to support us. We mailed that information on July 25th and it was received the next day.

My husband has since been placed on a 30-day leave from his job until the new EAD is approved. He has also taken his biometrics July 19th. I am working on federal work-study at my school a maximum of 20 hours a week. I start my next year of classes mid-September. We should survive on our own finances until October.

Today we received an interview date for November 8th. I am wondering the following things:

1. Is it possible to be approved for an EAD before Permanent Residency? Before an interview date?

2. The RFE stated that you cannot apply for an Interim EAD until after 90 days from the RFE receipt date. Since ours was for the Affidavit of Support and not the EAD, can he still apply? Or are they linked?

3. Should I have received a receipt for the evidence we sent from the USCIS, or is the interview date proof that they received the evidence?

3. Is our situation needy enough to try and expedite the process?

4. If we tried to expedite the process on the basis of finances, would they bring up the Affidavit of Support as proof that we can support ourselves since we have a joint sponsor?

Thank you for reading this and for any advice you can offer. :) I look forward to reading your responses.
 
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sfprincess said:
Today we received an interview date for November 8th. I am wondering the following things:

1. Is it possible to be approved for an EAD before Permanent Residency? Before an interview date? Yes, this happens in many cases

2. The RFE stated that you cannot apply for an Interim EAD until after 90 days from the RFE receipt date. Since ours was for the Affidavit of Support and not the EAD, can he still apply? Or are they linked? An Interim EAD, if you have strong compelling reasons, may be issued after 90 days from the date your original EAD was received. Add back time if a RFE was made.

3. Should I have received a receipt for the evidence we sent from the USCIS, or is the interview date proof that they received the evidence?
Always take along all documents submitted to USCIS including those requested in a RFE to the Interview since you have a date. Make copies of everything.

3. Is our situation needy enough to try and expedite the process? You can't

4. If we tried to expedite the process on the basis of finances, would they bring up the Affidavit of Support as proof that we can support ourselves since we have a joint sponsor? It doesn't matter, since you have to wait for at least 90 days as explained above.

Thank you for reading this and for any advice you can offer. :) I look forward to reading your responses.
Click to expand...

I hope this helps in some way.
 
Answers in bold.

sfprincess said:
Hello!

I am a USC who got married to my b/f of 3.5 years on April 1st, 2007. He is a Pakistani-descent British citizen who has been working on an OPT since July 15, 2006. I am a full-time graduate student. We went through the filing process on our own and gathered up all of the necessary documents. We mailed them May 25th and got a receipt date of June 14th. Our forms (I-130, I-485, I-765) are at the NBC.

My husband was approved for his OPT July 15th, 2006, but never received the card. Instead he showed a computer print-out of the USCIS confirmation that he was approved. This was satisfactory for his company and we assumed that it would be okay for the USCIS offices since they had approved it in the first place. I would have pushed my husband to get the replacement card a little harder if I had known the hassle it would be now.

We received the RFE on July 12th stating that we needed to provide more information for the Affidavit of Support (particularly, the EAD from July 15, 2006). Since there was no time at this point to request a replacement card, we went with a joint sponsor (my mother) whose income was enough to support us. We mailed that information on July 25th and it was received the next day.

My husband has since been placed on a 30-day leave from his job until the new EAD is approved. He has also taken his biometrics July 19th. I am working on federal work-study at my school a maximum of 20 hours a week. I start my next year of classes mid-September. We should survive on our own finances until October.

Today we received an interview date for November 8th. I am wondering the following things:

1. Is it possible to be approved for an EAD before Permanent Residency? Before an interview date? In most cases the EAD is approved around 70-75 days after you submitted the I-765 application. In most cases you should have your interview around that same time.

2. The RFE stated that you cannot apply for an Interim EAD until after 90 days from the RFE receipt date. Since ours was for the Affidavit of Support and not the EAD, can he still apply? Or are they linked? The RFE probably had no impact on your EAD. However district Offices NO LONGER issue interim EADs. What they can do (if you beg them enough and show proof of compelling reasons -i.e- letter from employer saying that they will lose money and need you) is sent a request to NBC to expedite the EAD, which NBC may or may not honor.

3. Should I have received a receipt for the evidence we sent from the USCIS, or is the interview date proof that they received the evidence? Have you registered online for case updates? if so, you should see an update on your I-485 there that will say "evidence received case process resumed" if you have not registered, then do so at https://egov.uscis.gov/cris/jsps/index.jsp

3. Is our situation needy enough to try and expedite the process? If the company is willing to write that letter, then you can surely try to expedite it.

4. If we tried to expedite the process on the basis of finances, would they bring up the Affidavit of Support as proof that we can support ourselves since we have a joint sponsor? Not necessarily, you can always show the need for work. Even if you are supposedly "Supported by your mother"

Thank you for reading this and for any advice you can offer. :) I look forward to reading your responses.
Click to expand...

I hope it all works out for you guys.
 
PraetorianXI said:
3. Should I have received a receipt for the evidence we sent from the USCIS, or is the interview date proof that they received the evidence? Have you registered online for case updates? if so, you should see an update on your I-485 there that will say "evidence received case process resumed" if you have not registered, then do so at https://egov.uscis.gov/cris/jsps/index.jsp
Click to expand...

We have registered for case updates online. Our cases have always said "Case Received and Pending," --despite my attempts checking 3 times a day!!! Even when the RFE was sent by USCIS, there was no change in the status. The latest update was for 07/19/07 for the I-765 which also did not change the status message (although we assumed it was referring to the biometrics). The latest update for the I-485 was June 24th (with no change in message). Maybe our updates are broken? =/

My husband's company may be willing to write that letter. That's good advice. I would rather try something than nothing. Thanks for the quick response and helpful advice!
 
yes you can get EAD approved before GC, if you mailed them the required doc. Just make sure you go to the interview with all suporting documents that you have , big or small, it will only trngthen your case especially things that you guys do together or joint financial obligations.
 
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