EAD after K1

[bco-bar]

I came here on K1 visa in summer of 2011 and didn't apply for Adjustment of status and EAD until January 2015. Went to see lawyer for consultation about traveling permit and that's about when I found out that there was a time limit on applying for Adjustment of status and that limit was reached in spring 2012. So basically I am illegal here since then. I honestly didn't know about all of this until I went to renew my license in December 2014 and lady told me I was blocked by homeland security,still wasn't sure at that point why would they do that until I saw lawyer and she told me all about time limit for Adjustment of status application.
My I 485 has been suspend but they just needed signature on one of the documents and they should receive it by the end of the week I hope.
My EAD status says they sent me receipt number in mail (I have it) and to follow instructions. I have 18 more days til 90 days of them receiving the application which I was told it takes up to 90 days to get EAD.

Can they denied my EAD because I didn't apply before my K1 visa expired and how long does it take for them to make a decision?

[rayb]

There is no time limit of that short a period for submitting an Adjustment of Status package from a k1 visa. Your attorney is confused, as many K1 entrants routinely adjust status up to 2 and 3 years from arrival with no USCIS problems.

If your Adjustment of Status has not been submitted and accepted, you are not eligible for an EAD.

--Ray B

I came here on K1 visa in summer of 2011 and didn't apply for Adjustment of status and EAD until January 2015. Went to see lawyer for consultation about traveling permit and that's about when I found out that there was a time limit on applying for Adjustment of status and that limit was reached in spring 2012. So basically I am illegal here since then. I honestly didn't know about all of this until I went to renew my license in December 2014 and lady told me I was blocked by homeland security,still wasn't sure at that point why would they do that until I saw lawyer and she told me all about time limit for Adjustment of status application.
My I 485 has been suspend but they just needed signature on one of the documents and they should receive it by the end of the week I hope.
My EAD status says they sent me receipt number in mail (I have it) and to follow instructions. I have 18 more days til 90 days of them receiving the application which I was told it takes up to 90 days to get EAD.

Can they denied my EAD because I didn't apply before my K1 visa expired and how long does it take for them to make a decision?

[bco-bar]

There is no time limit of that short a period for submitting an Adjustment of Status package from a k1 visa. Your attorney is confused, as many K1 entrants routinely adjust status up to 2 and 3 years from arrival with no USCIS problems.

If your Adjustment of Status has not been submitted and accepted, you are not eligible for an EAD.

--Ray B

She said you have to apply for AOS within those 90 days you have with K1 after entering USA and there is 6 or 8 months after those 90 days that you are still ok.Then she tried telling me not to worry because once you apply for AOS they don't bother you about previously being illegal.
I'm so confused and everyone is telling me different things. Fact is Homeland security blocked me and they don't have other reason to that.
So you're saying they are not going to give me EAD since my AOS is pending?

[rayb]

The attorney is not correct about the required timeframe for submitting an Adjustment package. The only requirement for a k1 visa is that you must marry within 90 days of arrival. The subsequent Adjustment of Status package can be submitted with no problem much later after the 90 days are ended.

Once the Adjustment of Status package is submitted, with forms I-765 and i-131, an EAD is issued about 3 months after a correct Adjustment package submittal.

Some of what you are describing doesn't sound right. Initially you said you did not submit the Adjustment package for 4 years after you arrived on a K1 visa, and that the attorney told you it should have been submitted within 90 days of your K1 arrival.

If there seems to be a "block" against issuance of your EAD, it is probably because USCIS has requested some additional evidence from you, which will cause a delay in issuance of an EAD.

I did not mean to imply that you will not get an EAD since your Adjustment of Status is pending, as it wasn't clear to me that you had submitted the Adjustment package.

--Ray B

She said you have to apply for AOS within those 90 days you have with K1 after entering USA and there is 6 or 8 months after those 90 days that you are still ok.Then she tried telling me not to worry because once you apply for AOS they don't bother you about previously being illegal.
I'm so confused and everyone is telling me different things. Fact is Homeland security blocked me and they don't have other reason to that.
So you're saying they are not going to give me EAD since my AOS is pending?

[bco-bar]

The attorney is not correct about the required timeframe for submitting an Adjustment package. The only requirement for a k1 visa is that you must marry within 90 days of arrival. The subsequent Adjustment of Status package can be submitted with no problem much later after the 90 days are ended.

Once the Adjustment of Status package is submitted, with forms I-765 and i-131, an EAD is issued about 3 months after a correct Adjustment package submittal.

Some of what you are describing doesn't sound right. Initially you said you did not submit the Adjustment package for 4 years after you arrived on a K1 visa, and that the attorney told you it should have been submitted within 90 days of your K1 arrival.

If there seems to be a "block" against issuance of your EAD, it is probably because USCIS has requested some additional evidence from you, which will cause a delay in issuance of an EAD.

I did not mean to imply that you will not get an EAD since your Adjustment of Status is pending, as it wasn't clear to me that you had submitted the Adjustment package.

--Ray B

I got here in July 2011, K1 expired in October 2011 and we applied in January 2015 so I guess more like 3 years and 3 months from time K1 expired. I was thinking from 2011 to 2015 is 4 years wasn't really counting. Is suspended I 485 going to affect EAD. I'm sorry for asking all this questions but I'm just getting lost in this whole process.

[rayb]

I'm not sure what you mean by "suspended I-485." Processing may have halted on issuance of your EAD because you haven't responded to a Request for Evidence. An EAD won't be issued if there are outstanding issues with the I-485 package.

--Ray B

I got here in July 2011, K1 expired in October 2011 and we applied in January 2015 so I guess more like 3 years and 3 months from time K1 expired. I was thinking from 2011 to 2015 is 4 years wasn't really counting. Is suspended I 485 going to affect EAD. I'm sorry for asking all this questions but I'm just getting lost in this whole process.

[bco-bar]

I'm not sure what you mean by "suspended I-485." Processing may have halted on issuance of your EAD because you haven't responded to a Request for Evidence. An EAD won't be issued if there are outstanding issues with the I-485 package.

--Ray B

In the mail from USCIS it says my case has been suspended until I send them more evidence,in this case document about sponsorship was not signed.

[rayb]

Well, that's what I have been telling you for the last 3 messages. You have a Request for Evidence, so everything stops.

--Ray B

In the mail from USCIS it says my case has been suspended until I send them more evidence,in this case document about sponsorship was not signed.