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i need help with this please

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chevito38
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Joined: Tue Jun 07, 2005 6:40 am

i need help with this please

Post by chevito38 » Tue Jun 07, 2005 6:50 am

i am applying for adjustment of status based on marriage to a usc..Well with all my paperwork I attached an authorization for employment...i want to know if it is possible that the USCIS can give the authorization while my paperwork is being processed.....somebody knows how this works??? i need some advice on this please thanks again
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Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Jun 08, 2005 12:44 am

What status are you adjusting from/did you marry on K1?
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chevito38
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Post by chevito38 » Wed Jun 08, 2005 2:39 am

no i came with a j1 visa and I married a USC two years ago
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chevito38
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Post by chevito38 » Wed Jun 08, 2005 2:40 am

and I overstayed by the way...
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Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Jun 08, 2005 11:32 pm

Oh why oh why did you not AOS immediatley after your marriage irrespective of status then? An application for an employment authorization document (Form I-765) is part of the AOS application package. The EAD will be issued between 60-90 days after the AOS package is received by USCIS and should be good for 1 year. You will need to attend an 'interview' for the EAD where your biometrics and photo are taken. If you hear nothing in 90 days go to your local USCIS office (you may also be able to/have to go online through infopass).

Depending on your location and hence filing centre it may take up to 3 yrs to AOS so yes the EAD means you will be working well before the AOS interview. Needless to say you must not depart the US prior to adjusting - your overstay means you have accumulated time towards a 10 yr ban.
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chevito38
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Posts: 4
Joined: Tue Jun 07, 2005 6:40 am

wow

Post by chevito38 » Wed Jun 15, 2005 7:30 pm

i didn't apply for AOS right away because I was waiting for the home requirement waiver. What is that 10 year ban that you are talking about?>...and how long it takesto get a receipt from USCIS?,,I send it on June 7 th
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Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Sat Jul 02, 2005 2:34 pm

Some J1's are exempt from 2 yr HRR for AOS. Those not exempt can apply for a waiver. Can't see the relevance of your 2 yr delay on AOS since such only applies to being in a country other than the US. What basis was your J1 and who funded it? If you were out of status in the US for more than 365 days (based on I-94 or immigration judge decision) then when you depart the US you may not return for 10 years.
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