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Dogwood_Poet

Friend's husband never filed papers, now unemployed

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The wife should get an INFOPASS appointment to speak with a INS representative. She should bring medical papers detailing and showing that her husband has bi-polar problem. Then she should explain because her husband is mentally unstable, she can not rely on him to file papers.

Maybe she could get some special waiver.

I will talk to her about that, the biggest problem I see is her getting to an office for her appointment, I don't know where the closest office is to western kentucky, but I am sure it will be several hours drive (or longer bus ride) away.

She has thought about just going back home, but she worries about her husband because she does love him, just is so confused about him being sick.

Ako gugma ko GWAPA asawa Kathlene!

(I love my BEAUTIFUL wife Kathlene!)

_________

"A life spent making mistakes is not only more honorable, but more useful than a life spent doing nothing."

George Bernard Shaw

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Everything is ready, he just keeps putting off signing the papers and if she asks him to sign them he gets mad at her.

It's her adjustment application - his signature is not required (except for the Affidavit of Support - one lousy document.)

The papers referred to in the post above are the Affidavit of Support!

Oops, my bad.

I'd submit the I-485 paperwork anyway - even without his signature. She would

probably get RFE'd for it eventually, but her EAD application is likely to be approved

first (within 90 days of filing.)

Actually this is a good idea....at least it would give her some time, and w/ an EAD she can get some in the house. In the meantime, she can continue to try to get his signature on the Affidavit of Support.

-P

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Everything is ready, he just keeps putting off signing the papers and if she asks him to sign them he gets mad at her.

It's her adjustment application - his signature is not required (except for the Affidavit of Support - one lousy document.)

The papers referred to in the post above are the Affidavit of Support!

Oops, my bad.

I'd submit the I-485 paperwork anyway - even without his signature. She would

probably get RFE'd for it eventually, but her EAD application is likely to be approved

first (within 90 days of filing.)

Actually this is a good idea....at least it would give her some time, and w/ an EAD she can get some in the house. In the meantime, she can continue to try to get his signature on the Affidavit of Support.

-P

Won't work.

An incomplete I865 will shut down the I485 process before the interims can be processed.

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Won't work.

An incomplete I865 will shut down the I485 process before the interims can be processed.

Not true. I received an RFE for my I-485 one year after my work permit and advance parole had been approved.

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Won't work.

An incomplete I865 will shut down the I485 process before the interims can be processed.

Not true. I received an RFE for my I-485 one year after my work permit and advance parole had been approved.

For a vaccination certificate - one year after you filed for adjustment and at about the time USCIS was trying to decide if they really wanted the I693 in the package or not. When you initially filed, they weren't concerned with the form.

An incomplete I864 will shut down processing of the interims. (I had a typo above and referred to it as I865). You weren't RFE'd for that document, Mark.

Edited by rebeccajo
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For a vaccination certificate - one year after you filed for adjustment and at about the time USCIS was trying to decide if they really wanted the I693 in the package or not. When you initially filed, they weren't concerned with the form.

An incomplete I864 will shut down processing of the interims. (I had a typo above and referred to it as I865). You weren't RFE'd for that document, Mark.

I-485 processing can take years. The "interims" are processed within 90 days.

The main application and the "interims" are processed separately - physically separate -

the I-485 is not even looked at at that point. In my case, the I-485 was sent to a

different Service Center!

They'd have to look at the I-485 *very* closely to notice that a signature is missing.

That can only be done by the adjudicator assigned to the case. The approval of the

I-765 (work permit) application is more or less automatic.

An incomplete I864 will shut down processing of the interims.

I disagree. If you're so sure, cite your source.

Edited by mawilson
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The speed w/ which EAD's are being processed and approved (I've seen a few cases recently that have been approved in a little over a month) it could work.

In any case, if the signature on the Affidavit of Support is all that is missing, what does the OP's friend have to lose?

-P

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The speed w/ which EAD's are being processed and approved (I've seen a few cases recently that have been approved in a little over a month) it could work.

In any case, if the signature on the Affidavit of Support is all that is missing, what does the OP's friend have to lose?

-P

If she gets an RFE and can't get him to sign it and return the paperwork, she could risk denial. That's all I see that she has to lose, but it's still quite a bit.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

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For a vaccination certificate - one year after you filed for adjustment and at about the time USCIS was trying to decide if they really wanted the I693 in the package or not. When you initially filed, they weren't concerned with the form.

An incomplete I864 will shut down processing of the interims. (I had a typo above and referred to it as I865). You weren't RFE'd for that document, Mark.

I-485 processing can take years. The "interims" are processed within 90 days.

The main application and the "interims" are processed separately - physically separate -

the I-485 is not even looked at at that point. In my case, the I-485 was sent to a

different Service Center!

They'd have to look at the I-485 *very* closely to notice that a signature is missing.

That can only be done by the adjudicator assigned to the case. The approval of the

I-765 (work permit) application is more or less automatic.

An incomplete I864 will shut down processing of the interims.

I disagree. If you're so sure, cite your source.

I think what rebbecajo is referring to is that recently, after the Final Rule on Affidavits of Support was issued, now the Affidavit of Support is reviewed for sufficiency. Usually, an EAD is issued within 90 days.

In the past the local office would review the I-864 at the interview, in fact, many aliens could simply take their Affidavit to the interview at the district office. So with this review occuring upon submission of the package rather than at interview time or before, the issue of the EAD within 90 days could be delayed until the local office receives a response to an RFE.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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For a vaccination certificate - one year after you filed for adjustment and at about the time USCIS was trying to decide if they really wanted the I693 in the package or not. When you initially filed, they weren't concerned with the form.

An incomplete I864 will shut down processing of the interims. (I had a typo above and referred to it as I865). You weren't RFE'd for that document, Mark.

I-485 processing can take years. The "interims" are processed within 90 days.

The main application and the "interims" are processed separately - physically separate -

the I-485 is not even looked at at that point. In my case, the I-485 was sent to a

different Service Center!

They'd have to look at the I-485 *very* closely to notice that a signature is missing.

That can only be done by the adjudicator assigned to the case. The approval of the

I-765 (work permit) application is more or less automatic.

An incomplete I864 will shut down processing of the interims.

I disagree. If you're so sure, cite your source.

I think what rebbecajo is referring to is that recently, after the Final Rule on Affidavits of Support was issued, now the Affidavit of Support is reviewed for sufficiency. Usually, an EAD is issued within 90 days.

In the past the local office would review the I-864 at the interview, in fact, many aliens could simply take their Affidavit to the interview at the district office. So with this review occuring upon submission of the package rather than at interview time or before, the issue of the EAD within 90 days could be delayed until the local office receives a response to an RFE.

Mark,

I am not talking about the I485. I am talking about the I864 - the affidavit of support.

As the mermaid says, they are now reviewing the I864 BEFORE the case goes forward. So if your affidavit of support gets RFE'd, everything else comes to a screeching halt. Interims are not issued without an underlying I485. The service position on this now (apparently) is there is no underlying petition without an affidavit of support underlying that.

My 'source' is what I read anecdotally. This has been occuring for a year or so - since you filed.

Edited by rebeccajo
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Also, historically here, there's been a difference between a package that is incomplete (missing evidence) and one that is missing a signature. Plus, as rebeccajo says, they do seem to be doing an initial quick review of the I-864 prior to people getting their EADs, and if they require evidence (like the W2s), it's been common to see the entire package held up.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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Also, historically here, there's been a difference between a package that is incomplete (missing evidence) and one that is missing a signature. Plus, as rebeccajo says, they do seem to be doing an initial quick review of the I-864 prior to people getting their EADs, and if they require evidence (like the W2s), it's been common to see the entire package held up.

We were one of those that had the whole package held up because of an RFE. Apparently they didn't like our documentation so we resubmitted everything and the second time around passed muster. So yeah, they seem to be doing a quick review and if they find anything out of whack it WILL hold things up.

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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So yeah, they seem to be doing a quick review and if they find anything out of whack it WILL hold things up.

Of course it's possible. The question is, will the quick review reveal a missing signature on

the I-864 (or perhaps the wrong signature if she accidentally-on-purpose signs the form

herself to pass the review ("oops silly me, didn't know I wasn't supposed to sign that, wink wink") :whistle:

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So yeah, they seem to be doing a quick review and if they find anything out of whack it WILL hold things up.

Of course it's possible. The question is, will the quick review reveal a missing signature on

the I-864 (or perhaps the wrong signature if she accidentally-on-purpose signs the form

herself to pass the review ("oops silly me, didn't know I wasn't supposed to sign that, wink wink") :whistle:

Anything can happen Mark :) I suppose it's up to the OP to decide for herself, eh?

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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OK, some good news!

He has finally gotten all his tax info and the co-sponsor has their papers as well.

He signed the papers and she gave them to a friend for her to mail today. She went to church with us last night and she asked us to stop so she could pick up a newspaper because he wanted to see the want ads. He seems to be doing better and maybe he has gotten over being laid off and is ready to start looking for a new job.

Ako gugma ko GWAPA asawa Kathlene!

(I love my BEAUTIFUL wife Kathlene!)

_________

"A life spent making mistakes is not only more honorable, but more useful than a life spent doing nothing."

George Bernard Shaw

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