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Filed: AOS (apr) Country: Russia
Timeline
Posted

So Sasha and I have finally applied for AOS. Put together a beautifully thorough package and are now waiting. Within our package we included a very well explained "Request for Expedite" due to the health and state of Sasha's father back in Moscow. We submitted copies of the Russian physician's letter of condition and surgical procedures, a translated copy for English, well written letter explaining everything, and even a translator's certification. Who knows if this will help get my wife and son to Russia any sooner. But it can't hurt. My question, can we make an infopass/biometrics appointment to save time or will we need to wait until our local office (Norfolk) makes one for us? Our case has probably not been sent from Chicago to Norfolk yet. I just somehow remember reading somewhere that you can make your own appointment and save a little time. Maybe I'm wrong. We don't really mind waiting as long as it takes to adjust status. The travel document is the most important thing for us at the moment. If our request for an expedite is denied or looked over, at least we tried. Can someone give us a good idea of how long the typical wait for advance parole can be? The timelines given on this site are quite often skewed or innacurate. Let me be more specific...If you notice the line for Norfolk in the Immigration Timelines section here on VJ, you'll see that the numbers dont make sense. Average days between 1st NOA and biometrics = -3?? #######? Anyway, little confused please help. Need to get my wife to Russia to see her father asap. Damn the red tape. :whistle: Thanks.

22 Jun 05 - We met in a tiny bar in Williamsburg, Va. (spent all summer together)

27 May 06 - Sasha comes back for a 2nd glorious summer (spent 8 months apart)

01 Jan 07 - Jason travels to Moscow for 2 weeks with Sasha

27 May 07 - Jason again travels to Moscow for 2 weeks of perfection

14 July 07 - I-129F and all related documents sent to VSC

16 July 07 - I-129F delivered to VSC and signed for by P. Novak

20 July 07 - NOA1 issued / receipt number assigned

27 Sep 07 - Jason travels to Moscow to be with Sasha for 2 weeks

28 Nov 07 - NOA2 issued...TOUCHED!...then...APPROVED!!!

01 Dec 07 - NVC receives/assigns case #

04 Dec 07 - NVC sends case to U.S. Embassy Moscow

26 Dec 07 - Jason visits Sasha in Russia for the 4th and final time of 2007 :)

22 Feb 08 - Moscow Interview! (APPROVED!!!)..Yay!

24 Mar 08 - Sasha and Jason reunite in the U.S. :)

31 May 08 - Married

29 Dec 08- Alexander is born

11 Jan 10 - AOS / AP / EAD package sent

19 Jan 10 - AOS NOA1 / AP NOA1 / EAD NOA1

08 Feb 10 - AOS case transferred to CSC

16 Mar 10 - AP received

16 Mar 10 - AOS approved

19 Mar 10 - EAD received

22 Mar 10 - GC received

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

It appears that Sasha has been "out of status" for quite some time (more than 180 days) since her I-94 expired... Correct? If so, then AP will not help.

Secondly, biometrics is performed at the Application Support Center and InfoPass is at the USCIS field office... not the same place and may not be anywhere near each other

Edited by payxibka

YMMV

Filed: AOS (apr) Country: Russia
Timeline
Posted

So, how does AP not help her ability to travel? Even if she's been out of status, she's still here and our process has resumed. Her status will change. Thanks for your response but you never addressed any of my questions.

22 Jun 05 - We met in a tiny bar in Williamsburg, Va. (spent all summer together)

27 May 06 - Sasha comes back for a 2nd glorious summer (spent 8 months apart)

01 Jan 07 - Jason travels to Moscow for 2 weeks with Sasha

27 May 07 - Jason again travels to Moscow for 2 weeks of perfection

14 July 07 - I-129F and all related documents sent to VSC

16 July 07 - I-129F delivered to VSC and signed for by P. Novak

20 July 07 - NOA1 issued / receipt number assigned

27 Sep 07 - Jason travels to Moscow to be with Sasha for 2 weeks

28 Nov 07 - NOA2 issued...TOUCHED!...then...APPROVED!!!

01 Dec 07 - NVC receives/assigns case #

04 Dec 07 - NVC sends case to U.S. Embassy Moscow

26 Dec 07 - Jason visits Sasha in Russia for the 4th and final time of 2007 :)

22 Feb 08 - Moscow Interview! (APPROVED!!!)..Yay!

24 Mar 08 - Sasha and Jason reunite in the U.S. :)

31 May 08 - Married

29 Dec 08- Alexander is born

11 Jan 10 - AOS / AP / EAD package sent

19 Jan 10 - AOS NOA1 / AP NOA1 / EAD NOA1

08 Feb 10 - AOS case transferred to CSC

16 Mar 10 - AP received

16 Mar 10 - AOS approved

19 Mar 10 - EAD received

22 Mar 10 - GC received

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
So, how does AP not help her ability to travel? Even if she's been out of status, she's still here and our process has resumed. Her status will change. Thanks for your response but you never addressed any of my questions.

If she leaves and has accrued more than 180 days "out of status" then she will be hit with a 3 year re-entry ban.... THAT is how it won't help you because AP does not "trump" any re-entry bans... Read the I-131 instructions!

Edited by payxibka

YMMV

Posted

http://www.uscis.gov/files/pressrelease/Tr...sory5_24_04.pdf

Also on the bottom of the press release. Looks like you gotta wait for the gc.

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

Posted
If she leaves and has accrued more than 180 days "out of status" then she will be hit with a 3 year re-entry ban.... THAT is how it won't help you because AP does not "trump" any re-entry bans... Read the I-131 instructions!

Right. Anyone who has overstayed should NOT leave the country. Just because they give the AP doesn't mean you can/should try to use it. They give it to anyone who applies.

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Filed: Other Timeline
Posted

1

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

  • 4 weeks later...
Filed: AOS (apr) Country: Russia
Timeline
Posted

Well, with a few appointments to our local office we've learned that she is NOT out of status and will be able to travel once AP is granted. No bans. That is for all other visa types that overstay. I appreciate everyone's input but I guess I should have gone to our local office first. I trust the few officers I spoke to who have worked there for many years. :D

22 Jun 05 - We met in a tiny bar in Williamsburg, Va. (spent all summer together)

27 May 06 - Sasha comes back for a 2nd glorious summer (spent 8 months apart)

01 Jan 07 - Jason travels to Moscow for 2 weeks with Sasha

27 May 07 - Jason again travels to Moscow for 2 weeks of perfection

14 July 07 - I-129F and all related documents sent to VSC

16 July 07 - I-129F delivered to VSC and signed for by P. Novak

20 July 07 - NOA1 issued / receipt number assigned

27 Sep 07 - Jason travels to Moscow to be with Sasha for 2 weeks

28 Nov 07 - NOA2 issued...TOUCHED!...then...APPROVED!!!

01 Dec 07 - NVC receives/assigns case #

04 Dec 07 - NVC sends case to U.S. Embassy Moscow

26 Dec 07 - Jason visits Sasha in Russia for the 4th and final time of 2007 :)

22 Feb 08 - Moscow Interview! (APPROVED!!!)..Yay!

24 Mar 08 - Sasha and Jason reunite in the U.S. :)

31 May 08 - Married

29 Dec 08- Alexander is born

11 Jan 10 - AOS / AP / EAD package sent

19 Jan 10 - AOS NOA1 / AP NOA1 / EAD NOA1

08 Feb 10 - AOS case transferred to CSC

16 Mar 10 - AP received

16 Mar 10 - AOS approved

19 Mar 10 - EAD received

22 Mar 10 - GC received

Filed: AOS (apr) Country: Russia
Timeline
Posted (edited)
http://www.uscis.gov/files/pressrelease/Tr...sory5_24_04.pdf

Also on the bottom of the press release. Looks like you gotta wait for the gc.

Your press release is NOT intended for married K-1 visa entrants applying for AOS. There is NO set window of time to adjust once married legally within the 90 days given by the I-94. An applicant who waits more than 90 days to file after arrival is NOT here illegally. Illegal aliens are subject to these bans. I-94s are expired and void once the immigrant enters the POE. Hence, the reason its only good for ONE entry. Otherwise an immigrant could come and go everyday until marriage or the 90 days is up. Read the release again! :thumbs:

Edited by Jason-Sasha

22 Jun 05 - We met in a tiny bar in Williamsburg, Va. (spent all summer together)

27 May 06 - Sasha comes back for a 2nd glorious summer (spent 8 months apart)

01 Jan 07 - Jason travels to Moscow for 2 weeks with Sasha

27 May 07 - Jason again travels to Moscow for 2 weeks of perfection

14 July 07 - I-129F and all related documents sent to VSC

16 July 07 - I-129F delivered to VSC and signed for by P. Novak

20 July 07 - NOA1 issued / receipt number assigned

27 Sep 07 - Jason travels to Moscow to be with Sasha for 2 weeks

28 Nov 07 - NOA2 issued...TOUCHED!...then...APPROVED!!!

01 Dec 07 - NVC receives/assigns case #

04 Dec 07 - NVC sends case to U.S. Embassy Moscow

26 Dec 07 - Jason visits Sasha in Russia for the 4th and final time of 2007 :)

22 Feb 08 - Moscow Interview! (APPROVED!!!)..Yay!

24 Mar 08 - Sasha and Jason reunite in the U.S. :)

31 May 08 - Married

29 Dec 08- Alexander is born

11 Jan 10 - AOS / AP / EAD package sent

19 Jan 10 - AOS NOA1 / AP NOA1 / EAD NOA1

08 Feb 10 - AOS case transferred to CSC

16 Mar 10 - AP received

16 Mar 10 - AOS approved

19 Mar 10 - EAD received

22 Mar 10 - GC received

Filed: AOS (apr) Country: Russia
Timeline
Posted
It appears that Sasha has been "out of status" for quite some time (more than 180 days) since her I-94 expired... Correct? If so, then AP will not help.

Secondly, biometrics is performed at the Application Support Center and InfoPass is at the USCIS field office... not the same place and may not be anywhere near each other

It appears you are wrong. Legally married K-1 entrants are NOT out of status if they wait to file AOS. Don't know where you got that idea. 90 days was simply the window to marry after arriving. And the I-94 expires the moment that applicant enters the U.S. So, is everyone out of status before and after they get married until they file AOS? Of course not. We heard from the officer at the local office of many many couples waiting years to file and didnt have problems traveling.

22 Jun 05 - We met in a tiny bar in Williamsburg, Va. (spent all summer together)

27 May 06 - Sasha comes back for a 2nd glorious summer (spent 8 months apart)

01 Jan 07 - Jason travels to Moscow for 2 weeks with Sasha

27 May 07 - Jason again travels to Moscow for 2 weeks of perfection

14 July 07 - I-129F and all related documents sent to VSC

16 July 07 - I-129F delivered to VSC and signed for by P. Novak

20 July 07 - NOA1 issued / receipt number assigned

27 Sep 07 - Jason travels to Moscow to be with Sasha for 2 weeks

28 Nov 07 - NOA2 issued...TOUCHED!...then...APPROVED!!!

01 Dec 07 - NVC receives/assigns case #

04 Dec 07 - NVC sends case to U.S. Embassy Moscow

26 Dec 07 - Jason visits Sasha in Russia for the 4th and final time of 2007 :)

22 Feb 08 - Moscow Interview! (APPROVED!!!)..Yay!

24 Mar 08 - Sasha and Jason reunite in the U.S. :)

31 May 08 - Married

29 Dec 08- Alexander is born

11 Jan 10 - AOS / AP / EAD package sent

19 Jan 10 - AOS NOA1 / AP NOA1 / EAD NOA1

08 Feb 10 - AOS case transferred to CSC

16 Mar 10 - AP received

16 Mar 10 - AOS approved

19 Mar 10 - EAD received

22 Mar 10 - GC received

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
It appears you are wrong. Legally married K-1 entrants are NOT out of status if they wait to file AOS. Don't know where you got that idea. 90 days was simply the window to marry after arriving. And the I-94 expires the moment that applicant enters the U.S. So, is everyone out of status before and after they get married until they file AOS? Of course not. We heard from the officer at the local office of many many couples waiting years to file and didnt have problems traveling.

Good luck then.... (since the USCIS is not the agency that deals directly with bans, its information should be considered carefully)

Edited by payxibka

YMMV

Filed: AOS (apr) Country: Russia
Timeline
Posted
It appears you are wrong. Legally married K-1 entrants are NOT out of status if they wait to file AOS. Don't know where you got that idea. 90 days was simply the window to marry after arriving. And the I-94 expires the moment that applicant enters the U.S. So, is everyone out of status before and after they get married until they file AOS? Of course not. We heard from the officer at the local office of many many couples waiting years to file and didnt have problems traveling.

I just went though this with my wife, who wanted to go to Russia on AP after having been in the country for more than 180 days without having filed for AOS, and I strongly urge you to consult with an attorney or two. You really ought to have somebody evaluate your specific situation in its entirety... And not by a mid-level bureaucrat at a local branch office who is qualified to do little more than stamp papers and file union complaints. The attorneys with whom I consulted when my wife wanted to travel were absolutely emphatic that she must not leave the country without her Green Card. The risk for problems is high, even if there are some guards that interpret the regulations loosely.

Good luck...

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Illegal aliens are subject to these bans. I-94s are expired and void once the immigrant enters the POE.

Huh? Considering that I-94's are not even provided/validated until you are at ther POE, how can they possibly be void the moment they enter.

YMMV

Filed: Timeline
Posted
I-94s are expired and void once the immigrant enters the POE. Hence, the reason its only good for ONE entry. Otherwise an immigrant could come and go everyday until marriage or the 90 days is up. Read the release again! :thumbs:

It's the visa which is voided and expires upon entry..... not the I-94.

Quite honestly, given her circumstances, it's a game of Russian roulette if she chooses to leave the US before her adjustment of status is approved. The CBP has the final say in whether they allow someone back into the country or not. If they go to the trouble of investigating her timelines there is every possibility of them denying her entry. They don't care what the USCIS officers have to say.

iagree.gif
Filed: Timeline
Posted

I was trying to remember a "for instance" because I know there's a few on the board. The most recent one is the Canadian who was issued his K-1 visa but was refused entry and the visa had "Cancelled" written over it by the CBP officer who looked into his history and found a reason not to let him in.

iagree.gif
 
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