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malucarlinha

Portuguese Husband's VWP 90 days almost up! HELP!

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Filed: Lift. Cond. (apr) Country: India
Timeline

Sorry if you mentioned it before but precisely WHY can't he return to Portugal and have you file for I-130? He can still use the VWP to visit you during the process. AOSing right now in CA off an expired I-94 would almost be certain denial and lead to deportation. I still can't understand why you would put your loved one's status in jeopardy like that.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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Filed: Other Country: Portugal
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So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

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Filed: Other Country: Portugal
Timeline

Sorry if you mentioned it before but precisely WHY can't he return to Portugal and have you file for I-130? He can still use the VWP to visit you during the process. AOSing right now in CA off an expired I-94 would almost be certain denial and lead to deportation. I still can't understand why you would put your loved one's status in jeopardy like that.

If were were to do that he would need to return to portugal on.... monday. they wont let him in on visa waiver if he is married to a usc, will they? They would make him come in on a CR-1 I think. Honestly if this doesn't work i'm simply moving to Europe, I've always wanted to study in paris anyway. I'm only 22, I don't have too many ties to USA except for my parents.

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So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

Did you ask all the questions about the VWP and the cases that were linked to you? It sounds like your lawyer doesn't know what's going on. There is no "case" to be had as you've been told numerous times. If you get denied, you cannot appeal. That's it, you're done, he can and may be taken into custody on the spot. Your lawyer telling you you have a "case" would make me NOT hire that lawyer. You have pretty much zero chance of getting it ACCEPTED (it needs to be ACCEPTED, not in the USCIS mailbox) before his VWP expires, so all you can do now is pray that your district isn't denying or holding VWP overstays (since your husband WILL have an overstay), which in your area is unlikely.

If you're all set to move to Portugal anyway if it doesn't work out, why not just go now? There's no law against living in Portugal with him and/or you traveling back and forth to Portugal while a CR-1 is pending. Then you could be together while his CR-1 is processed and come back to the States once it's done.

If were were to do that he would need to return to portugal on.... monday. they wont let him in on visa waiver if he is married to a usc, will they? They would make him come in on a CR-1 I think. Honestly if this doesn't work i'm simply moving to Europe, I've always wanted to study in paris anyway. I'm only 22, I don't have too many ties to USA except for my parents.

He won't incur a ban until he's 90 days past his VWP expiration (180 days since arriving), so while it's not advisable, if he didn't leave ON MONDAY but left soon after, you could still file for the CR-1.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

"as long as I get it in to the USCIS office by the time his VW runs out"

what does it mean?

i think this means you have to file your documentation by his I-94 runs our which is dec. 15 or 16. "File" means to receive notice from USCIS, it does not mean you mail it. i recently submitted documentation and it tooks more than two weeks to receive notice from USCIS.

<AOS>

11/20 (DAY 0): sent I-130, I-485, I-765, I-131 (USPS priority mail)

11/22 (DAY 2): delivered

12/2 (DAY 12): received NOA (e-mai)

12/3 (DAY 13): touched (I-130, I-485, I-765, I-131)

12/6 (DAY 16): received NOA (hard copy)

12/14 (DAY 24): received biometric appointment letter (schedule: 01/04/2011)

12/23 (DAY 33): biometric done (walk-in)

1/10 (DAY 51): received interview appointment letter (issued: 01/05/2011) (schedule: 02/08/2011)

2/7 (DAY 79): received e-mail for EAD (production) and AP (post decision)

2/8 (DAY 80): interview

2/10 (DAY82): received RFE for I-485 (issued: 02/08/2011, due date: 03/09/2011)

2/11 (DAY83): sent the documentation for RFE

2/12 (DAY84): received AP

2/14 (DAY86): received approval letter for I-130 (issued: 02/09/2011)

2/16 (DAY88): received EAD

2/23 (DAY95): called USCIS (Useless)

3/2 (DAY102): infopass in the morning (The officer told me my case became post decision activity in their internal sysyem on Mar. 1st.) received e-mail in the afternoon, GC production order.

3/7 (DAY107): received WELCOME LETTER

3/11 (DAY111): received GC

<ROC>

12/4 (DAY 0): sent I-751 (USPS priority mail)

12/6 (DAY 2): delivered

12/7 (DAY 3): NOA

12/12 (DAY 8): received NOA (hard copy)

12/17 (DAY 13): received biometric appointment letter (schedule: 01/04/2013)

12/18 (DAY 14): biometric done (walk-in) due to travel schedule

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Actually, it's 180 days from the date of expiration, so the spouse has a lot more time to get by.

malu, I guess you are determined to lay in your bed. I think you are being immature--which will ultimately cause you and your husband a very high chance of heartbreak and frustration. Like another posted said, can only lead a horse to water...

Have fun in Paris! :)

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

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Filed: Citizen (apr) Country: Romania
Timeline

So I spoke to two different lawyers and they both told me that as long as I get it in to the USCIS office by the time his VW runs out, we have a case. I decided to go ahead and pay the dude, we have an appointment on monday to get everything in order. My husband and I sorted out all the missing documents, got his medical stuff ready, have the cash in hand. all we can do now is pray!

Thank you for all your help, and try not to be so negative some of you!

I think everybody who advised you here was realistic, not negative.

You said yourself " we do not have the cash (the two of us) to spend on lawyers and penalties". You have received advice accordingly.

I hope you know that the lawyer fees do not cover the AOS filing fees which are significantly high. Also, it's good to remember sometimes that no matter how much money do you have, you can't buy TIME.

Hopefully things will work out for you this way.

Edited by juliava

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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Filed: K-1 Visa Country: Wales
Timeline

Ok, I don't know if this is exactly what the lawyers told you or if you're paraphrasing them. There is no "case". This isn't a legal process. There will be no briefs filed, nor hearings in front of a judge. You submit your paperwork to USCIS and you pray. If it's denied then the game ends there.

Your lawyer won't be filing the AOS package at your local USCIS office in San Francisco. It must be sent to the USCIS Chicago Lockbox facility. They will process the package into the system and then distribute the different applications to the regional or local offices that will handle them. Even if your lawyer sends the package using an overnight courier, it's going to sit in a mail basket for about a week. That's how much backlog there is at the Chicago Lockbox facility. Eventually, someone will screen your package to ensure that all of the required documents have been included, that you've used the current version of the forms, and that everything is properly filled out and signed. If it looks good then they'll deposit your check and enter your package into the system. At that point, your application has been "accepted". If there's any obvious problems then they'll send the entire package back to you.

Some months later, your I-485 package is going to arrive at the USCIS field office in San Francisco, and it will be assigned to an immigration officer. The immigration officer is going to look at the date your package was accepted at the Chicago Lockbox and compare that with the date your husband's VWP expired. There are a variety of scenarios that could happen next. Until we hear from a VWP overstay who has recently tried to adjust status through the San Francisco field office, we won't know for certain which scenario is likely.

One possible scenario is that they'll simply deny the AOS immediately, and send you a notice that your husband has a limited amount of time to voluntarily leave the US before they issue a deportation order. This would actually be good news because it means no deportation ban. Another scenario, substantially more dire, is that the denial notice is delivered by an ICE officer who takes your husband into custody after delivering the notice. They could also schedule an interview, deny the AOS at the interview, and either give your husband a limited amount of time to voluntarily depart, or order his deportation and take him into custody. Of course, if any of these things happened then your lawyer would be as outraged about it as you (or at least pretend to be). He'll probably also offer to help you complete the CR1 visa application (the I-130 would probably have been approved, even if the I-485 was denied) and the I-212 waiver application, just as soon as you write another check. The one thing he won't do is offer to appeal the decision because he knows that he can't.

There's also a possibility that the San Francisco field office will actually adjudicate the I-485 just as they normally would. Unless the receipt date on the first Notice Of Action is earlier than the expiration date of your husband's VWP entry, I think the chances of this happening are near zero. The San Francisco office has a pretty clear policy of abiding by decisions of the 9th Circuit Court.

For your own peace of mind - you pin that attorney to the wall! Make them explain to you exactly how they expect to get the I-485 accepted by USCIS before Wednesday, and not simply delivered by then. If they admit that it wont actually be accepted until afterward, you make them explain how they expect to overcome the Momeni decision, and why your case won't be summarily denied by the San Francisco field office. You also make the attorney prove to you that they've filed an AOS petition for a VWP overstay within the past six months, and it was approved at the San Francisco field office. If the attorney can't provide convincing proof that they will succeed then keep your attorney and USCIS fees, and use them to buy your husband a plane ticket back to Portugal on Tuesday.

Excellent summary

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Lift. Cond. (apr) Country: India
Timeline

Ai yo! I just can't wait to see another thread, a couple of months down the line, raving and ranting against the U.S. government. About how they're unfair, cruel and cold-hearted. Throw in summary bit about how as a tax-paying American citizen they should not be enduring such a painful separation from their loved one. All the while forgetting that it was their callous actions that landed them in the hot soup to begin with.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Even if your lawyer sends the package using an overnight courier, it's going to sit in a mail basket for about a week. That's how much backlog there is at the Chicago Lockbox facility. Eventually, someone will screen your package to ensure that all of the required documents have been included, that you've used the current version of the forms, and that everything is properly filled out and signed. If it looks good then they'll deposit your check and enter your package into the system. At that point, your application has been "accepted". If there's any obvious problems then they'll send the entire package back to you.

Not sure if anybody else experienced it, but the "received date" on my first NOA is exactly the day after I sent my AOS package.

I sent my package 10/21, and it was "accepted" 10/22.

With a little bit of luck, the OP's husband may be alright, "only and only if" it is processed the very next day!

But again, probably better not to rely too much on luck with stuff like this!

10/21/2010 (00): AOS package sent via express mail

10/22/2010 (01): AOS received by USCIS

10/28/2010 (07): NOA email notification for all the forms

11/05/2010 (15): Biometrics letter received for 11/30/2010

11/15/2010 (25): Early biometrics walk-in (successful)/Touched on all forms

12/30/2010 (70): AP approved

01/03/2011 (74): EAD and AP touched/EAD card production ordered

01/07/2011 (78): AP in the mail

01/10/2011 (81): Interview letter received for 02/09/2011

01/11/2011 (82): EAD in the mail

02/09/2011 (111): AOS Interview (Approved!!!)/Card production ordered (email)

02/18/2011 (120): GC in hand! (It's actually green lol)

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Filed: Country:
Timeline
Not sure if anybody else experienced it, but the "received date" on my first NOA is exactly the day after I sent my AOS package.

I sent my package 10/21, and it was "accepted" 10/22.

I sent the I-130s for Anna & Gabby on April 14th, 2009. Our NOA1s show Received on April 15th, Date of Notice is April 20th which matches the date they deposited the checks.

On our NOA2s they both show a receipt date of April 20th which matches the Date of Notice for our NOA1. It also shows our Priority Date as April 15th.

I guess the question is which Date matters to USCIS, Priority Date or Receipt Date?

Edited by Bob 4 Anna
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Filed: Citizen (apr) Country: Italy
Timeline

Ai yo! I just can't wait to see another thread, a couple of months down the line, raving and ranting against the U.S. government. About how they're unfair, cruel and cold-hearted. Throw in summary bit about how as a tax-paying American citizen they should not be enduring such a painful separation from their loved one. All the while forgetting that it was their callous actions that landed them in the hot soup to begin with.

:rofl: well said! sad, but true. we've read quite a few of those lately.

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I sent the I-130s for Anna & Gabby on April 14th, 2009. Our NOA1s show Received on April 15th, Date of Notice is April 20th which matches the date they deposited the checks.

On our NOA2s they both show a receipt date of April 20th which matches the Date of Notice for our NOA1. It also shows our Priority Date as April 15th.

I guess the question is which Date matters to USCIS, Priority Date or Receipt Date?

Very good question indeed!

I found this visa bulletin on USCIS website...http://www.uscis.gov/files/pressrelease/FAQ2.pdf

It is not relevant to what we are discussing here, but it sheds some light on our many questions.

If you read the first 5 questions, you will notice that USCIS consider "acceptance" of your application when it is physically received and entered in the courier's service system!

(Which in our cases it was received the very next day!)

Unless I'm reading something wrong and this information is outdated, I think the OP's husband has a chance if their AOS package is received before he overstays his visa!

(Provided of course it is filled out and filed correctly!)

Edited by Vuvu zela

10/21/2010 (00): AOS package sent via express mail

10/22/2010 (01): AOS received by USCIS

10/28/2010 (07): NOA email notification for all the forms

11/05/2010 (15): Biometrics letter received for 11/30/2010

11/15/2010 (25): Early biometrics walk-in (successful)/Touched on all forms

12/30/2010 (70): AP approved

01/03/2011 (74): EAD and AP touched/EAD card production ordered

01/07/2011 (78): AP in the mail

01/10/2011 (81): Interview letter received for 02/09/2011

01/11/2011 (82): EAD in the mail

02/09/2011 (111): AOS Interview (Approved!!!)/Card production ordered (email)

02/18/2011 (120): GC in hand! (It's actually green lol)

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