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BritInMA

Is this a good sign?

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Hello,

I'm sorry for the lengthy and possibly boring post, but I would love other peoples opinions on what to make of this situation....

My previous posts will give details, but my background is as follows:

I met my now wife online in 2012; I'm from the UK and she's an American; In 2013 I came over for our first meeting via the VWP for a couple weeks, then for a few months traveled back and forth on the VWP, never spending more than 8 days at a time back in the UK - never had a problem with immigration at the port of entry, then got a B2 visa, and bounced between the UK & USA until my last arrival last August 2014. The last time I entered the officer, with a smile, said I was really pushing my luck, having been here for over a year at that point, with barely 3 weeks in the UK. Other than that, though, there was no problem with entry.

(Sidenote, I should have left the USA in February, but as we applied for AOS in January, it is my understanding I'm still in status pending their final decision)

Fast forward a few months, my wife got pregnant and we immediately got married; we didn't plan to marry on the B2 visa, and had already discussed and was prepared for the fiance visa etc etc. But knowing we was expecting, we wanted to marry immediately, and arranged and did it within 6 weeks.

So jump to Jan 2015, and we sent in our papers and payment (as documented on visajourney).

Just a few weeks later, we got a request for initial evidence, which suggested we did not qualify due to finances (my wife doesn't work; I own businesses in the UK, and we live on the income from that investment - I do not work in the USA, and never have).

It all looked pretty bleak - the advice I was given from here and elsewhere was that my UK investment income couldn't count as I wasnt allowed to work in the USA. But I spent literally 6-8 weeks reading everything I could from forums to official USA immigration forms, and their instructions; I was convinced that my investment income would count - it's not millions and we're not financially "rich", but it's a fair amount more than the 125% poverty line.

Our deadline to respond to the RFIE was fast approaching, and still I had no clear way in my head that would move us past this hurdle.

I kept checking my online status; My I-485 stated that they'd stopped working on my case; My I-130 said they'd received the case Jan 20; As did the I-765 and I-131 - nothing changed the entire time; I had hoped at least the work permit might be processed, but it was not.

However, just 2 weeks before the deadline I wrote them a letter explaining my situation clearly, stating that I knew it was an unusual set of circumstances. Told them in my own words how I believed my income was allowable, quoting their own forms and instructions; I also sent in 12 months of our USA bank statements, 12 months of our UK bank statement, and 12 months of one of my businesses statements. I also sent copies of money transfers from the UK to the USA, as well as my UK tax certificates. All in all it was a good 120+ pages. As I posted it, I wondered if 120 pages was a positive or negative thing - the poor person at the other end had to read this lot!

Honestly, part of me thought it was a lost cause, and that I was looking at the prospect of returning to the UK without my wife.

My I-485 status changed after about 6 days to say they'd received my response. As usual, every day I checked the status of my cases.

Jump to yesterday; I check my case status:

-I-485 they've received my response.

-I-130 no change

-I-131 no change

-I-765 *** CASE WAS APPROVED *** - WOW! I was shocked. My application to work has been approved.

Jump to today and my I-485 status has changed to *** Case is ready to be scheduled for an interview ***

Again, I'm shocked.

The thing is, and I guess the point of my post is... Is this a positive sign? Part of me believes that it is, because having told us in Feb that we dont qualify financially, and then sending in my response, now they're processing everything? Given me work authorization and now are scheduling the interview?

Could I take this to mean that they accept (at least for now) that our finances are OK?

Are we over the first hurdle?

Should I walk around looking at my wife, smiling in the knowledge that there's a good chance my application will be approved?

Your thoughts and suggestions, no matter what they are, are welcomed, as I've always done on my previous posts.

Thank you and I hope that you are having a great day!!!!


05-04-2012 - Met online, chatted regularly after a few months, became best friends by fall; Seemed impossible we'd ever be together

09-04-2013 - Moved in together (with me travelling to & from UK)

10-31-2013 - Got engaged, started talking & preparing for spousal visa

11-06-2014 - Discovered we are pregnant!

12-22-2014 - Decided to get married on B2 visa due to pregnancy

12-29-2014 - Got married :)

01-09-2015 - Went for USCIS medical

01-12-2015 - Collected I693 (sealed) from Doctors Office

01-15-2015 - Sent package to Chicago lockbox (I485, I130, I131, I693, I864, G325A, I765)

01-22-2015 - Received text message saying my package had arrived.

01-27-2015 - Mail received: 4x I797 NOA for I131, I130, I765 & I485)

02-03-2015 - Mail received: I797C, NOA for I485 & I765 - Appointment for biometrics in Boston MA is 02/20/2015

02-16-2015 - Mail received: RFIE for my I485 due to our unusual finances (we own a UK business, but do not work ourselves)

02-20-2015 - Went to USCIS Boston for biometrics; Arrived at 3pm, left at 4.30pm. Went smoothly & told I have "amazingly clear fingerprints!"

-

- Long delay in our response to RFIE, didn't know how to respond; took time to produce compelling evidence of our good financial standing.

-

04-16-2015 - Finalized my response to RFIE; Response was over 120 pages, including 1 years bank statements from USA and UK.

04-24-2015 - myUSCIS case status for I-485 updated to confirm receipt of my response.

05-12-2015 - myUSCIS case status for I-765 updated to "Approved" & case history shows "We ordered your card"

05-13-2015 - myUSCIS case status for I-485 updated to "Case is ready to be scheduled for an interview"

05-16-2015 - Mail received: I-797 NOA for I765 - Confirming my I765 was approved - valid from 05/11/2015 to 05/10/2016

05-18-2015 - text & email received, stating my EAD card has been posted today and should arrive within 30 (!!) days

05-19-2015 - EAD & AP combo card received in the mail

05-21-2015 - Visited local SSA office to apply for SSN - All paperwork accepted and card will arrive 7-10 days.

05-29-2015 - SS card received

08-14-2015 - E-mail received - interview is September 21 2015!!!!

09-21-2015 - Interview at Lawrence, MA - approved on the spot after just a few minutes.

09-25-2015 - Green card received with "Welcome to the USA" document.

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Make sure you bring all your documents with you to the interview.


May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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Seems like they appreciated the effort you put in this. Your case is moving forward. Congratulations and good luck


- 03/25/2015 : Package sent via USPS certified mail with return receipt.

- 03/27/2015 : Notification from USPS - Package delivered and signed for at 7am.

- 04/01/2015 : Emails/Texts from USCIS.

- 04/02/2015 : Money was taken out of bank account.

- 04/06/2015 : Hard copies of receipts.

- 04/10/2015 : Biometrics letter in mail. Scheduled for 04/20

- 04/20/2015 : Biometrics completed. In and out in 5 min.

- 05/15/2015 : Opened a service request about the EAD

- 05/19/2015 : EAD card picked up by post office.

- 05/19/2015 : EAD card delivered.

- 08/25/2015 : Interview scheduled for 09/29/2015 (approved on spot)

- 10/03/2015 : Card received (4 days after interview)

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Thank you everyone! Getting feedback on this forum is actually very supportive and I am so grateful I found visajourney!


05-04-2012 - Met online, chatted regularly after a few months, became best friends by fall; Seemed impossible we'd ever be together

09-04-2013 - Moved in together (with me travelling to & from UK)

10-31-2013 - Got engaged, started talking & preparing for spousal visa

11-06-2014 - Discovered we are pregnant!

12-22-2014 - Decided to get married on B2 visa due to pregnancy

12-29-2014 - Got married :)

01-09-2015 - Went for USCIS medical

01-12-2015 - Collected I693 (sealed) from Doctors Office

01-15-2015 - Sent package to Chicago lockbox (I485, I130, I131, I693, I864, G325A, I765)

01-22-2015 - Received text message saying my package had arrived.

01-27-2015 - Mail received: 4x I797 NOA for I131, I130, I765 & I485)

02-03-2015 - Mail received: I797C, NOA for I485 & I765 - Appointment for biometrics in Boston MA is 02/20/2015

02-16-2015 - Mail received: RFIE for my I485 due to our unusual finances (we own a UK business, but do not work ourselves)

02-20-2015 - Went to USCIS Boston for biometrics; Arrived at 3pm, left at 4.30pm. Went smoothly & told I have "amazingly clear fingerprints!"

-

- Long delay in our response to RFIE, didn't know how to respond; took time to produce compelling evidence of our good financial standing.

-

04-16-2015 - Finalized my response to RFIE; Response was over 120 pages, including 1 years bank statements from USA and UK.

04-24-2015 - myUSCIS case status for I-485 updated to confirm receipt of my response.

05-12-2015 - myUSCIS case status for I-765 updated to "Approved" & case history shows "We ordered your card"

05-13-2015 - myUSCIS case status for I-485 updated to "Case is ready to be scheduled for an interview"

05-16-2015 - Mail received: I-797 NOA for I765 - Confirming my I765 was approved - valid from 05/11/2015 to 05/10/2016

05-18-2015 - text & email received, stating my EAD card has been posted today and should arrive within 30 (!!) days

05-19-2015 - EAD & AP combo card received in the mail

05-21-2015 - Visited local SSA office to apply for SSN - All paperwork accepted and card will arrive 7-10 days.

05-29-2015 - SS card received

08-14-2015 - E-mail received - interview is September 21 2015!!!!

09-21-2015 - Interview at Lawrence, MA - approved on the spot after just a few minutes.

09-25-2015 - Green card received with "Welcome to the USA" document.

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BritlnMA,

Seems like they accepted the evidence you've submitted, congratulations and good luck!

I'd like to ask,if you can share the date USCIS recevied your response. I'm waiting to hear something from them about my RFE, it's been 3 weeks so far. Thank you.


___ROC___

Spoiler

June 13, 2017 I-751 Package sent

June 15, 2017 Package delivered to VSC

June 20, 2017 Check cashed

June 22, 2017 NOA-1 received (dated June 16th)

July 7, 2017    Biometrics Appointment letter received

July 20, 2017  Biometrics done

August 6, 2018 "New Card is being produced" 

August 9, 2018 "Card was mailed to you" 

August 11, 2018 New card was delivered to an old address by USCIS's mistake

August 13, 2018 Brother-in-law went to our old residence to pick up a card from the current residents

August 16, 2018 Card was mailed to me 

August 18, 2018 10-year Green Card received 

6

 

 

___AOS___

Spoiler

March 3, 2015 AOS (I-485, I-130 & I-765) package sent to Chicago Lockbox
March 6, 2015, The package delivered to Chicago Lockbox
March 12, 2015, AOS package was accepted on March 9th and was routed to National Benefits Center
March 17, 2015, Hard copies of NOA1 received for all the forms
March 20, 2015, Biometrics letter received with the appointment on April 3
March 28, 2015, Email notification for I-485 RFE received
April 3, 2015, Successful biometrics
April 3, 2015, Hard copy of RFE received
April 17, 2015, RFE respond sent
April 22, 2015, RFE response received by USCIS
May 20, 2015, EAD approved
May 26, 2015, Hard copy of NOA2 for I-765 received
May 27, 2015, EAD was mailed to me
May 29, 2015, EAD received
June 15, 2015, Hard copy of NOA2 for I-485 received. Interview scheduled on July 21
June 18, 2015, Interview was canceled
June 27, 2015, Hard copy of NOA2 received. New interview date is July 27
July 27, 2015, Interview completed. Approved on the spot
July 28, 2015, Got texts and emails for case updates. Form I-130: the petition was approved. Form I-485: new card has been ordered and welcome notice was mailed
August 3, 2015, Welcome notice and NOA2 for I-130 received
August 20, 2015, Email notification "Card has been mailed"
August 22, 2015, Green Card received

 

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BritlnMA,

Seems like they accepted the evidence you've submitted, congratulations and good luck!

I'd like to ask,if you can share the date USCIS recevied your response. I'm waiting to hear something from them about my RFE, it's been 3 weeks so far. Thank you.

Hi Lettyana,

Thank you!

The time from them receiving my RFE was 3 weeks. I don't know if that's slow or fast, so best of luck with yours!


05-04-2012 - Met online, chatted regularly after a few months, became best friends by fall; Seemed impossible we'd ever be together

09-04-2013 - Moved in together (with me travelling to & from UK)

10-31-2013 - Got engaged, started talking & preparing for spousal visa

11-06-2014 - Discovered we are pregnant!

12-22-2014 - Decided to get married on B2 visa due to pregnancy

12-29-2014 - Got married :)

01-09-2015 - Went for USCIS medical

01-12-2015 - Collected I693 (sealed) from Doctors Office

01-15-2015 - Sent package to Chicago lockbox (I485, I130, I131, I693, I864, G325A, I765)

01-22-2015 - Received text message saying my package had arrived.

01-27-2015 - Mail received: 4x I797 NOA for I131, I130, I765 & I485)

02-03-2015 - Mail received: I797C, NOA for I485 & I765 - Appointment for biometrics in Boston MA is 02/20/2015

02-16-2015 - Mail received: RFIE for my I485 due to our unusual finances (we own a UK business, but do not work ourselves)

02-20-2015 - Went to USCIS Boston for biometrics; Arrived at 3pm, left at 4.30pm. Went smoothly & told I have "amazingly clear fingerprints!"

-

- Long delay in our response to RFIE, didn't know how to respond; took time to produce compelling evidence of our good financial standing.

-

04-16-2015 - Finalized my response to RFIE; Response was over 120 pages, including 1 years bank statements from USA and UK.

04-24-2015 - myUSCIS case status for I-485 updated to confirm receipt of my response.

05-12-2015 - myUSCIS case status for I-765 updated to "Approved" & case history shows "We ordered your card"

05-13-2015 - myUSCIS case status for I-485 updated to "Case is ready to be scheduled for an interview"

05-16-2015 - Mail received: I-797 NOA for I765 - Confirming my I765 was approved - valid from 05/11/2015 to 05/10/2016

05-18-2015 - text & email received, stating my EAD card has been posted today and should arrive within 30 (!!) days

05-19-2015 - EAD & AP combo card received in the mail

05-21-2015 - Visited local SSA office to apply for SSN - All paperwork accepted and card will arrive 7-10 days.

05-29-2015 - SS card received

08-14-2015 - E-mail received - interview is September 21 2015!!!!

09-21-2015 - Interview at Lawrence, MA - approved on the spot after just a few minutes.

09-25-2015 - Green card received with "Welcome to the USA" document.

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... suggested we did not qualify due to finances (my wife doesn't work; I own businesses in the UK, and we live on the income from that investment - I do not work in the USA, and never have).

...Should I walk around looking at my wife, smiling in the knowledge that there's a good chance my application will be approved?

My impression from the above is that you are adjusting from a B-2 visa, and your US-citizen spouse is petitioning you. Her income does not satisfy the 125% poverty level as required by the regulations, and do not have a joint sponsor.

The fact that you have been issued an EAD doesn't mean very much, all it shows is that you paid the correct fee and cleared the background check.

I'm sorry to be the bearer of bad news, but you must find an eligible joint sponsor with sufficient income/assets who is willing to sign the i-864 contract for you to have any chance of being approved. INA 212(a)(4)© clearly states that an valid affidavit of support (as defined in INA 213A(f)) must be submitted (search for the phrase "Any alien who seeks admission or adjustment of status under a visa number issued under section 201(b)(2)"). You also do not fall under any of the exemptions (you have never worked in america, not a child of a US citizen, not a widower, nor a battered spouse).

The requirement for a US citizen to be 'on the hook' appears to be absolute, and you have to very careful that you don't breach INA216(b) (you can't just transfer assets to your wife to satisfy the requirement).

I'm afraid you can't sleep easy until you can find someone willing to sign your i-864.

Edited by pandainamerica

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My impression from the above is that you are adjusting from a B-2 visa, and your US-citizen spouse is petitioning you. Her income does not satisfy the 125% poverty level as required by the regulations, and do not have a joint sponsor.

The fact that you have been issued an EAD doesn't mean very much, all it shows is that you paid the correct fee and cleared the background check.

I'm sorry to be the bearer of bad news, but you must find an eligible joint sponsor with sufficient income/assets who is willing to sign the i-864 contract for you to have any chance of being approved. INA 212(a)(4)© clearly states that an valid affidavit of support (as defined in INA 213A(f)) must be submitted (search for the phrase "Any alien who seeks admission or adjustment of status under a visa number issued under section 201(b)(2)"). You also do not fall under any of the exemptions (you have never worked in america, not a child of a US citizen, not a widower, nor a battered spouse).

The requirement for a US citizen to be 'on the hook' appears to be absolute, and you have to very careful that you don't breach INA216(b) (you can't just transfer assets to your wife to satisfy the requirement).

I'm afraid you can't sleep easy until you can find someone willing to sign your i-864.

Thanks for your input. Your impression is largely correct, save for the point that we're using my UK business income for the I-864

In our original application, we omitted that part, and they sent a letter saying we did not meet the criteria

It was thereafter that I clarified the situation with a new I-864 and 120+ pages of evidence showing that my foreign income was well about 125% and was to continue after a successful application.

Now, you may be thinking that I'm not allowed to use that income; But the forms instructions themselves state that we can use foreign income, especially that of a spouse, providing it will continue after a successful application.

Furthermore, although I am now allowed to work here in the USA, I was not allowed before, and indeed never did - my income can be thought of as investment income.

Now, all that said, the EAD was applied for in January 2015, but was not approved until about 2 weeks ago - about a week after all my evidence was submitted.

Whilst I may be foolish to think, I do make the assumption that they accepted, at some level, my evidence. We are now being scheduled for interview.

Time, as they say, will tell......


05-04-2012 - Met online, chatted regularly after a few months, became best friends by fall; Seemed impossible we'd ever be together

09-04-2013 - Moved in together (with me travelling to & from UK)

10-31-2013 - Got engaged, started talking & preparing for spousal visa

11-06-2014 - Discovered we are pregnant!

12-22-2014 - Decided to get married on B2 visa due to pregnancy

12-29-2014 - Got married :)

01-09-2015 - Went for USCIS medical

01-12-2015 - Collected I693 (sealed) from Doctors Office

01-15-2015 - Sent package to Chicago lockbox (I485, I130, I131, I693, I864, G325A, I765)

01-22-2015 - Received text message saying my package had arrived.

01-27-2015 - Mail received: 4x I797 NOA for I131, I130, I765 & I485)

02-03-2015 - Mail received: I797C, NOA for I485 & I765 - Appointment for biometrics in Boston MA is 02/20/2015

02-16-2015 - Mail received: RFIE for my I485 due to our unusual finances (we own a UK business, but do not work ourselves)

02-20-2015 - Went to USCIS Boston for biometrics; Arrived at 3pm, left at 4.30pm. Went smoothly & told I have "amazingly clear fingerprints!"

-

- Long delay in our response to RFIE, didn't know how to respond; took time to produce compelling evidence of our good financial standing.

-

04-16-2015 - Finalized my response to RFIE; Response was over 120 pages, including 1 years bank statements from USA and UK.

04-24-2015 - myUSCIS case status for I-485 updated to confirm receipt of my response.

05-12-2015 - myUSCIS case status for I-765 updated to "Approved" & case history shows "We ordered your card"

05-13-2015 - myUSCIS case status for I-485 updated to "Case is ready to be scheduled for an interview"

05-16-2015 - Mail received: I-797 NOA for I765 - Confirming my I765 was approved - valid from 05/11/2015 to 05/10/2016

05-18-2015 - text & email received, stating my EAD card has been posted today and should arrive within 30 (!!) days

05-19-2015 - EAD & AP combo card received in the mail

05-21-2015 - Visited local SSA office to apply for SSN - All paperwork accepted and card will arrive 7-10 days.

05-29-2015 - SS card received

08-14-2015 - E-mail received - interview is September 21 2015!!!!

09-21-2015 - Interview at Lawrence, MA - approved on the spot after just a few minutes.

09-25-2015 - Green card received with "Welcome to the USA" document.

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