No EAD yet - PLEASE HELP! Very Worried!

B

BrightStarPoet

New Member
Hi, I am a US citizen and my husband and I have filed for his Adjustment of Status. We are going through lawyers. We mailed all of the necessary papers and applications to the San Bernardino sub-office on February 1. Very soon after that we received an approved Advance Parole and my husband also received an appointment notice for him to have his fingerprints taken on March 18, 2005. He did go to that appointment. That is the last that we have heard from immigration. I called the national customer service phone line today, and gave the lady all the information I have, which isn't much. We don't have a receipt number (according to the lady, when you mail your application to the sub-office, they don't issue you a receipt number), just my husband's A#. She didn't even ask for the A#. She said that since the San Bernardino office is showing a processing date of November 2004 for I-485 applications, she can't put out an inquiry on our case. Apparently even though the EAD is reliant upon the I-765, and they are processing these with a receipt date of Feb 18, 2005, we have to look at the processing dates for the I-485.

So to sum up, it's been more than 90 days since we sent our application in. Sent application on Feb 1, 2005. Received approved AP shortly after that. Husband attended his fingerprint appointment on March 18, 2005. Should we apply for an interim EAD, and how do we do that? Is the fingerprint appointment part of the EAD process, or is it for the adjustment? Is this some sign that immigration is going to deny his application? What about unauthorized work? Is that forgiven for spouses of US citizens?

Thanks in advance, please respond, I am so worried!
 
you could get the interim EAD

From your message, i see that 90 days has passed since your husband filed his EAD. He could take an infopass appointment and go to the local office to get his IEAD.
This is the general procedure and i dont think it should be any different for you (marriage based GC)
 
I don't think there is any special consideration for spouses of USC when it comes to working without authorization.

Its better your spouse waits for authorization before starting any work (and if he's working now, better to cease and wait for authorization).
 
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