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chiaki26

Letters from USCIS

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Hi. This is going to be a long one so please bear with me. Just really lost and would appreaciate any insight or advice we could get. Also, if I posted on the wrong thread I apologize; please move to appropriate thread.

Here's a brief background. All of this happened this year, 2015:

Feb 9 - USC fiance is in town, present for our K1 interview at the Manila Embassy. Approved.

Feb 12 - K1 Visa issued

April 19 - POE in Detroit, MI. Took me over a month to come because of work commitments. Explained this to Immigration officer. Officer notes on my passport Visa is ok until July 17, 2015.

June 16 - Got married in Georgia. Got our marriage records and certificate.

June 23 - Applied for Social Security Card

Aug 9 - Moved to Florida from Ohio because husband got a job here

Note: We have not applied for AOS yet. We are in the process of completing documents required.

Recently we have received two letters that really worries us. First, we got a letter last week about my Social Security application. Letter states:

Please go to USCIS Cleveland in Ohio with the documents you have submitted to us. You will also need documentation that shows your Immigration Status.

We have tried calling the number in the letter but we only get the answering machine.

We got another letter today from USCIS. This one makes us really puzzled. It says:

Notice of Decision. It says our Petition of Alien Fiance was approved...with a validity of four months. Subsequently, the petiion has been returned to the USCIS with a finding that the beneficiary was not issued th required K1 Visa. Since the period of validity has expired, the petition will not be revalidated....all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I 129F....

Has anyone gone through a similar situation like ours? We have been doing everything right ever since we started. Hope to get some insight.

Thanks for your time.

Edited by chiaki26

Our K1 Timeline:
9/4/2014 - Package sent to USCIS in Texas
9/12/2014 - Received NOA 1
10/19/2014 - Received NOA 2
10/31/2014 - Received Manila Case number
11/5/2014 - CEAC status updated to Ready
11/14/2014 - Paid Visa fee via BPI
12/3/2014 - Received Packet 3 from US Embassy Manila
1/13-14, 2015 - Finished 2 day medical exam at SLEC
2/9/2015 - US Embassy Interview done and approved
2/12/2015 - CEAC status updated to Issued
2/18/2015 - Picked up passport with Visa from 2Go
3/16/2015 - CFO
4/19/15 - POE
6/16/15 - Got married! ❤️

AOS:

12/22/15 - Sent AOS package via local post office

01/05/16 - Received I-797C for EAD, Travel Permit, and AOS via mail

01/29/16 - Biometrics

3/14/16 - AOS approved (no interview)

3/18/16 - Received Green card in the mail

4/03/16 - Baby T is here! <3

ROC:

1/25/18 - Sent ROC package via local post office

1/29/18 - Received I-797

5/11/18 - Received No Biometrics notice

 

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Your K-1 visa expired the moment you passed through PoE in April.

To obtain a social security number simply by virtue of being a K-1 you must apply when you have at least 14 days of validity remaining on your I-94. It sounds as if you applied too late, and since you are now out of status will have to wait until you have your EAD until your can successfully apply for a social security number.

The notice you received about the I-129F sounds like a mistake; that somehow the embassy/NVC did not notify USCIS that your K-1 visa was issued and used. You should contact USCIS and inform them of their error.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Your K-1 visa expired the moment you passed through PoE in April.

To obtain a social security number simply by virtue of being a K-1 you must apply when you have at least 14 days of validity remaining on your I-94. It sounds as if you applied too late, and since you are now out of status will have to wait until you have your EAD until your can successfully apply for a social security number.

The notice you received about the I-129F sounds like a mistake; that somehow the embassy/NVC did not notify USCIS that your K-1 visa was issued and used. You should contact USCIS and inform them of their error.

Thank you Hypnos :) My husband called USCIS regarding the second letter and we were told that it might have been a typographical/human error. As for Social Security, we applied June 23 and my I 94 was good until July 17. We would contact Social Security and see if we could have our case transferred to the Tampa office which is closer to us, and see what is going on.

Thank you for your reply, helped me feel a bit at ease :)


Our K1 Timeline:
9/4/2014 - Package sent to USCIS in Texas
9/12/2014 - Received NOA 1
10/19/2014 - Received NOA 2
10/31/2014 - Received Manila Case number
11/5/2014 - CEAC status updated to Ready
11/14/2014 - Paid Visa fee via BPI
12/3/2014 - Received Packet 3 from US Embassy Manila
1/13-14, 2015 - Finished 2 day medical exam at SLEC
2/9/2015 - US Embassy Interview done and approved
2/12/2015 - CEAC status updated to Issued
2/18/2015 - Picked up passport with Visa from 2Go
3/16/2015 - CFO
4/19/15 - POE
6/16/15 - Got married! ❤️

AOS:

12/22/15 - Sent AOS package via local post office

01/05/16 - Received I-797C for EAD, Travel Permit, and AOS via mail

01/29/16 - Biometrics

3/14/16 - AOS approved (no interview)

3/18/16 - Received Green card in the mail

4/03/16 - Baby T is here! <3

ROC:

1/25/18 - Sent ROC package via local post office

1/29/18 - Received I-797

5/11/18 - Received No Biometrics notice

 

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With regards to your social security card, it sounds as if they dragged their feet processing it, perhaps intentionally (not sure why), but most likely by accident. Either way, it's now too late for you to be an issued a number without at least an EAD.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Just one quick question: Can we apply for AoS even without a social security number for me? My husband said we cant put my name on his bank account without. i havent really read too far about Aos procedures but I understand part of it is showing we have joint account under our names.


Our K1 Timeline:
9/4/2014 - Package sent to USCIS in Texas
9/12/2014 - Received NOA 1
10/19/2014 - Received NOA 2
10/31/2014 - Received Manila Case number
11/5/2014 - CEAC status updated to Ready
11/14/2014 - Paid Visa fee via BPI
12/3/2014 - Received Packet 3 from US Embassy Manila
1/13-14, 2015 - Finished 2 day medical exam at SLEC
2/9/2015 - US Embassy Interview done and approved
2/12/2015 - CEAC status updated to Issued
2/18/2015 - Picked up passport with Visa from 2Go
3/16/2015 - CFO
4/19/15 - POE
6/16/15 - Got married! ❤️

AOS:

12/22/15 - Sent AOS package via local post office

01/05/16 - Received I-797C for EAD, Travel Permit, and AOS via mail

01/29/16 - Biometrics

3/14/16 - AOS approved (no interview)

3/18/16 - Received Green card in the mail

4/03/16 - Baby T is here! <3

ROC:

1/25/18 - Sent ROC package via local post office

1/29/18 - Received I-797

5/11/18 - Received No Biometrics notice

 

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Yes you can apply without a SSN for AOS. You may or may not have an interview and can bring co mingling evidence to the interview, it's not necessary to submit it with the AOS application.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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