Working without fully completed Application?

[ChaoticMonk]

Hi all.

I am currently in the US on the visa waiver program. I am collecting all the documents needed but unfortunatly it is taking a very long time to get them all and me and my wife (US citizen) are starting to run out of money.

Is there anyway I could file everything I currently have plus the Form I-765 and get an EAD to work or would my I-130 and I-485 have to have every supporting document before an EAD is issued?

Is there anyway I can work legally?

[curiousone]

No need to wait.....you can file the I-130, I-485 and I-765 with just the marriage certificate and proof of her citizenship for now............USCIS will write you for addiitonal information.
In fact I prefer not to do the I-864 and medical now as they might be too old at the date of the interview...........once the I-485 is filed, theyll begin to process your EAD...........in the meantime gather all your other supporting documentation...........

[ChaoticMonk]

Thankyou very much for posting. Thats great to hear

Do you know by anychance if I'd have some sort of time limit in which to sumbit the supporting documents after they have been requested before my application is canceled and I'm forced to pay the fees again?

Thankyou once again.

[curiousone]

Usually when they write you, the letter will give you the deadline but its usually a month.........once u answer withing the time, then it wont be cancelled..................a good thing to practice is to copy everyhting before you send it and send EVERYHTING by certified mail and keep records.

[curiousone]

...........in the meantime though get an original and copies of birth certificates, divorce decrees (if applicable) and evidence that youre living as man and wife.............have your name on as much as possible and save EVERYThING

[ChaoticMonk]

Thankyou so very much for all the information...very helpful indeed

If I could ask one more quick question....how long does it usually take after sending in the application to get an EAD? thanks again

[curiousone]

..usually 8 weeks.......but Ive heard of as little as 3 weeks and as long as the full 3 months

[ChaoticMonk]

No need to wait.....you can file the I-130, I-485 and I-765 with just the marriage certificate and proof of her citizenship for now...........

Do I need to provide the biometric form+fee? and do I need to provide the other stuff like passport size photo, photocopy of my nonimmigration visa, proof of divorce etc or do I litraly only need form I-130 I-485 I765 marriage certificate and proof of her citizenship?

Also, should I wait until my wife has changed her name on her Drivers Liescene, Social Sucurity Card etc or can we go ahead and file under her old name and just notify them of the name change at a later date?

I'm gonna go ahead and do this tomorrow but I just wanted to double check everything one last time.

[ChaoticMonk]

Hi Curiousone,

I sent out my I-130, I-485, EAD application and proof of marriage in the hope of being able to work while trying to obtain the rest of the supporting docs needed.

I got a letter today listing the supporting docs they need (birth cert, medic exam & affidavit of support) with a deadline of 87days before the application would be denied.

On the letter it also states the following:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(10)(ii) until 90 days after the midding initial evidence is recieved"

Which I guess means I cant get my EAD until I send them the requested info posted above.

My understanding from your post was that if I sent the I-130, I-485 and I-765, proof of marriage and proof of my wifes citizenship I'd be aligable to get my EAD.

Anyone have any advice?

[curiousone]

Hi Curiousone,

I sent out my I-130, I-485, EAD application and proof of marriage in the hope of being able to work while trying to obtain the rest of the supporting docs needed.

I got a letter today listing the supporting docs they need (birth cert, medic exam & affidavit of support) with a deadline of 87days before the application would be denied.

On the letter it also states the following:

"You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(10)(ii) until 90 days after the midding initial evidence is recieved"

Which I guess means I cant get my EAD until I send them the requested info posted above.

My understanding from your post was that if I sent the I-130, I-485 and I-765, proof of marriage and proof of my wifes citizenship I'd be aligable to get my EAD.

Anyone have any advice?

Yes, thats odd..........I know that usually the I-864, and I-693 are not prerequisite for the EAD. I know that based on many application sI have seen and also in my own process (which is very recent) I didnt do the I-864 until the day of the interview and the I-693 until AFTER the interview and I had 2 EADs before I went to the interview. They did request the birth certificate however so my guess would be that's what is needed. Send that immediately and see what happens but comply with the rquest for the other documents within the required time. The request for the birth certificate was made within a month or so after I sent the applications and I did get an EAD another month later. I dont recall if there was anyhting about ineligibiliy for EAD but Im sure there was as the forms are pretty satndard.
I advised you based on my personal experience and what I know to be the practice so Im not sure why they're requesting the medical and I-864 immediately

[ChaoticMonk]

Thankyou once again for all your help.

I will try to obtain the documents as quickly as I can.

I understand that if Sudan doesnt have my birth certificate that I'll require Affidavites from my parents and a official document from the Sudanese authority. I had found out that Sudan has very recently started a civil war and I'm worried that this would delay me obtaining the document before the required deadline.

In the case that I'm unable to obtain everything, is there anyway to get an extension on the deadline? Perhaps if I can get them the affidavites, I-693 and I-864 and explain the situation?

[curiousone]

Thankyou once again for all your help.

I will try to obtain the documents as quickly as I can.

I understand that if Sudan doesnt have my birth certificate that I'll require Affidavites from my parents and a official document from the Sudanese authority. I had found out that Sudan has very recently started a civil war and I'm worried that this would delay me obtaining the document before the required deadline.

In the case that I'm unable to obtain everything, is there anyway to get an extension on the deadline? Perhaps if I can get them the affidavites, I-693 and I-864 and explain the situation?

You can certainly try but Im sure the form says no extensions allowed......Sudan is in civil war ( quite some time now and not as recent as you think) so perhaps an exception will be made in your case, but do not wait until close to the deadline to request the exception. Its almost certain that you wont be able to get a document from the Sudanese gov in 3 months. Howeevr exactly what is the situation with your birth certificate why it isnt available? Because your parents do not hav eit doesnt mena that its not available....

[ChaoticMonk]

I was told by my parents that at the time, births were not recorded.

I sent an email to the Sudan Embassy in DC in the hope they might be able to help in someway.

The I-864, I-693 and affidavites from my parents should be no problem and we should have those completed and ready to be sent soon. Only issue that can cause any problems will be the documents required from the Sudanese goverment.

Once I've completed my medical exam and the I-864, would you suggest sending those in or should I try to get ahold of everything they've requested and send it in ine one go?

Just wondering if there is any benifit to sending stuff in as I get it.

[curiousone]

I was told by my parents that at the time, births were not recorded.

I sent an email to the Sudan Embassy in DC in the hope they might be able to help in someway.

The I-864, I-693 and affidavites from my parents should be no problem and we should have those completed and ready to be sent soon. Only issue that can cause any problems will be the documents required from the Sudanese goverment.

Once I've completed my medical exam and the I-864, would you suggest sending those in or should I try to get ahold of everything they've requested and send it in ine one go?

Just wondering if there is any benifit to sending stuff in as I get it.

The birth certificate is your most crucial item so wait and send all as a package. Well, what have you been using all your life in lieu of a birth certificate?............
Im not sure how old you are and Im not Sudanese, so I dont know for sure, but you will have to make a dsitinction between whether your parents did not record your birth, say because it was too far into town etc or the Sudanese gov did not record births at all. I would like to think that its the former and not the latter, in which case its not the Sudanese gov that would give you a doc but your parents would ahve to do affidavits outlining why they didnt/couldnt record your birth and any other secondary evidence..
if it is in fact the Sudanese gov who were not recording births then I guess the statement would come from the Registrar of Births ( or whatever its called in Sudan) stating that the gov did not begin to recor births of its citizens until the year XYZ....so no recods of births prior to that year are available.
Hopefully the Embassy will respond. With all due respect though, Im sure you know the pace at which anyhting to do with the continent moves, so I would advise that if after a couple days, theres no response, you call and be as persistent as you can.