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Filing I-485 and immigration intent

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Filed: Lift. Cond. (pnd) Country: Spain
Timeline

I have questions about the transition into being an "adjustee in progress" and so far I have not found satisfactory answers.

My situation, in a nutshell:

  • Entered the US on a J1 for grad school
  • My DS 2019 expires mid-May 2012, I won't graduate before then
  • Got married at the end of December 2011
  • Filed AOS package (I-485+I-130+I-131+I-756) on April 3

As I understand it, the minute I filed for adjustment of status I signaled migration intent and I am no longer under the J1 status documented in my I94. How accurate is this?

And here's the big question: what happens with the renovation of my DS 2019 (with is the support document for a nonimmigrant visa)?

Is the renovation a must? Something nice to have? Is it forbidden?

Furthermore, should I ask the university's international office to remove my record from their USCIS system? (and, believe it or not, they do not have an answer to this question, they say they would do it for sure whenever I show them a GC) Or should I let it silently expire?


The journey started with the adjustment of status on April 3 2012:

April 5 2012 (day 2) — Package delivered to Chicago Lockbox
April 6 2012 (day 3) — Notice: fingerprint fee accepted
April 9 2012 (day 6) — Received emails and texts, checks were cashed
April 14 2012 (day 11) — Received notices of action, alien number assigned
April 16 2012 (day 13) — Biometrics appointment notice received by mail (for May 9 2012, day 36)
April 17 2012 (day 14) — Successful early walk-in for fingerprinting/biometrics (22 days early)
May 21 2012 (day 48) — Interview appointment notice received by mail (for June 26 2012, day 84), also by email and text message (18:30)
May 31 2012 (day 58) — EAD card in production, (first) notice received by email and text message (17:45)
Jun 1 2012 (day 59) — AP approved, notice received by email and text message (18:30)
Jun 5 2012 (day 63) — EAD card in production, (second) notice received by email and text message (18:15)
Jun 6 2012 (day 64) — EAD card mailed to the address on file, notice received by email and text message (17:45)
Jun 8 2012 (day 66) — EAD card received by mail
June 26 2012 (day 84) — Interview, received notices of approval (two, for I-485 and I-130) by email and text message (17:45 and 18:00, respectively)
June 29 2012 (day 87) — Card in production, notice received by email and text message (18:45)
July 2 2012 (day 90) — Card mailed to the address on file, notice received by email and text message (18:15)

...it continued with the removal of conditions on March 28 2014 (1 year, 9 months, and 2 days after approval of adjustment of status):

March 31 2014 (day 3) — Package delivered to Vermont Service Center (14:11)

April 3 2014 (day 6) — Checks were cashed

April 4 2014 (day 7) — Received notice of action from VSC (receipt date: April 1 2014)

April 14 2014 (day 17) — Biometrics appointment notice received by mail (for May 6 2014, day 39)

April 18 2014 (day 21) — Successful early walk-in for fingerprinting/biometrics (18 days early)

October 29 2014 (day 215) — Conditions lifted, letter received on November 4 (day 221)

November 4 2014 (day 221) — Card in production, notice received by email and text message (Nov 5, 13:15)

November 10 2014 (day 227) — Card mailed to the address on file, notice received by email and text message (19:40)

...it concludes with the application for naturalization, starting on March 31 2015 (2 years, 9 months, and 5 days after approval of adjustment of status):

April 10 2015 (day 10) — Package delivered to Texas Lockbox (04:24)

April 15 2015 (day 15) — Checks were cashed

April 18 2015 (day 18) — Received notice of action (receipt date: April 10 2015)

April 26 2014 (day 26) — Biometrics appointment notice received by mail (for May 6 2014, day 34)

April 27 2012 (day 27) — Successful early walk-in for fingerprinting/biometrics (7 days early)

November 30 2015 (day 244) — In line for interview, notice received by email and text message

November 30 2015 (day 244) — This signature was updated

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You are no longer under a J-1 status, since your AOS is now pending. You're in a bit of a limbo stage status-wise, but you are authorized to remain in the US until you have a decision on your AOS, and you can continue going to school and studying just as you were before. However, you are no longer bound by the J-1 regulations regarding attendance and full-time course load. If you applied for the EAD and AP, you are also free to work and travel while the AOS is pending (travel is okay if you have no overstay, which it seems you don't).

I am not quite sure what you mean by "Renovation of DS-2019", but if you mean updating or extending your J-1, you do not have to do that, and in fact you cannot do that now that your AOS is pending. You're authorized to be here until you get your GC, or until you have a formal denial of your AOS application.

The school doesn't really need to do anything at this point. Once you have your GC, you should change your status in the school's system form international student to permanent resident. Your J1 status will/has expired automatically and your SEVIS record will be cancelled.

Edited by Little_My

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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You are no longer under a J-1 status, since your AOS is now pending. You're in a bit of a limbo stage status-wise, but you are authorized to remain in the US until you have a decision on your AOS, and you can continue going to school and studying just as you were before. However, you are no longer bound by the J-1 regulations regarding attendance and full-time course load. If you applied for the EAD and AP, you are also free to work and travel while the AOS is pending (travel is okay if you have no overstay, which it seems you don't).

I am not quite sure what you mean by "Renovation of DS-2019", but if you mean updating or extending your J-1, you do not have to do that, and in fact you cannot do that now that your AOS is pending. You're authorized to be here until you get your GC, or until you have a formal denial of your AOS application.

The school doesn't really need to do anything at this point. Once you have your GC, you should change your status in the school's system form international student to permanent resident. Your J1 status will/has expired automatically and your SEVIS record will be cancelled.

Beautifully said as always. OP, this is all the response/advise you need.


3/21/2012 (Day 0) - I-130, I-485 and I-765 sent.

3/23/2012 (Day 1) - Delivered to USCIS.

3/27/2012 (Day 5) - E-Notification that paperwork received.

3/28/2012 (Day 6) - One check for $1,490 cashed & cleared for I-130 and I-485.

4/02/2012 (Day 11) - NOA hard copies received (x3), case status available online & bio appt. also received, dated 04/12 @ 8:00 AM.

4/10/2012 (Day 19) - Case status online says changed to RFE received.

4/12/2012 (Day 21) - Successful biometric done.

5/11/2012 (Day 50) - Complete RFE (I-864) received. Case status online changed to RFE received.

5/16/2012 (Day 55) - Online case status says: Card/ Document Production.

5/21/2012 (Day 60) - Online case status says: Card picked up by USPS.

5/24/2012 (Day 63) - EAD card in hand.

6/12/2012 (Day 82) - Testing and Interview.

7/12/2012 (Day 112) - Interview date!

7/12/2012 (Day 112) - Approved.

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Filed: Timeline

I have questions about the transition into being an "adjustee in progress" and so far I have not found satisfactory answers.

My situation, in a nutshell:

  • Entered the US on a J1 for grad school
  • My DS 2019 expires mid-May 2012, I won't graduate before then
  • Got married at the end of December 2011
  • Filed AOS package (I-485+I-130+I-131+I-756) on April 3

As I understand it, the minute I filed for adjustment of status I signaled migration intent and I am no longer under the J1 status documented in my I94. How accurate is this?

And here's the big question: what happens with the renovation of my DS 2019 (with is the support document for a nonimmigrant visa)?

Is the renovation a must? Something nice to have? Is it forbidden?

Furthermore, should I ask the university's international office to remove my record from their USCIS system? (and, believe it or not, they do not have an answer to this question, they say they would do it for sure whenever I show them a GC) Or should I let it silently expire?

Side issue: is your J-1 issued subject to the "foreign residency requirement"? If so, you cannot adjust status without living in your home country for two years, unless you petition for a waiver from the requirement.

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Filed: Lift. Cond. (pnd) Country: Spain
Timeline

Side issue: is your J-1 issued subject to the "foreign residency requirement"? If so, you cannot adjust status without living in your home country for two years, unless you petition for a waiver from the requirement.

I'm safe in that respect. Spain is not in the exchange visitor skills list. Actually, no country in Europe is there, except for Romania, Montenegro and Kosovo.


The journey started with the adjustment of status on April 3 2012:

April 5 2012 (day 2) — Package delivered to Chicago Lockbox
April 6 2012 (day 3) — Notice: fingerprint fee accepted
April 9 2012 (day 6) — Received emails and texts, checks were cashed
April 14 2012 (day 11) — Received notices of action, alien number assigned
April 16 2012 (day 13) — Biometrics appointment notice received by mail (for May 9 2012, day 36)
April 17 2012 (day 14) — Successful early walk-in for fingerprinting/biometrics (22 days early)
May 21 2012 (day 48) — Interview appointment notice received by mail (for June 26 2012, day 84), also by email and text message (18:30)
May 31 2012 (day 58) — EAD card in production, (first) notice received by email and text message (17:45)
Jun 1 2012 (day 59) — AP approved, notice received by email and text message (18:30)
Jun 5 2012 (day 63) — EAD card in production, (second) notice received by email and text message (18:15)
Jun 6 2012 (day 64) — EAD card mailed to the address on file, notice received by email and text message (17:45)
Jun 8 2012 (day 66) — EAD card received by mail
June 26 2012 (day 84) — Interview, received notices of approval (two, for I-485 and I-130) by email and text message (17:45 and 18:00, respectively)
June 29 2012 (day 87) — Card in production, notice received by email and text message (18:45)
July 2 2012 (day 90) — Card mailed to the address on file, notice received by email and text message (18:15)

...it continued with the removal of conditions on March 28 2014 (1 year, 9 months, and 2 days after approval of adjustment of status):

March 31 2014 (day 3) — Package delivered to Vermont Service Center (14:11)

April 3 2014 (day 6) — Checks were cashed

April 4 2014 (day 7) — Received notice of action from VSC (receipt date: April 1 2014)

April 14 2014 (day 17) — Biometrics appointment notice received by mail (for May 6 2014, day 39)

April 18 2014 (day 21) — Successful early walk-in for fingerprinting/biometrics (18 days early)

October 29 2014 (day 215) — Conditions lifted, letter received on November 4 (day 221)

November 4 2014 (day 221) — Card in production, notice received by email and text message (Nov 5, 13:15)

November 10 2014 (day 227) — Card mailed to the address on file, notice received by email and text message (19:40)

...it concludes with the application for naturalization, starting on March 31 2015 (2 years, 9 months, and 5 days after approval of adjustment of status):

April 10 2015 (day 10) — Package delivered to Texas Lockbox (04:24)

April 15 2015 (day 15) — Checks were cashed

April 18 2015 (day 18) — Received notice of action (receipt date: April 10 2015)

April 26 2014 (day 26) — Biometrics appointment notice received by mail (for May 6 2014, day 34)

April 27 2012 (day 27) — Successful early walk-in for fingerprinting/biometrics (7 days early)

November 30 2015 (day 244) — In line for interview, notice received by email and text message

November 30 2015 (day 244) — This signature was updated

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That is not the only basis which determines whether or not you are subject to the 2 year rule.. The funding of your exchange program is also relevant, so for example, all Fulbright students are always subject to the J1 rule because their exchange programme is partly or fully funded with government funds. Here's the list from the State Dept website:

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

•Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;

•Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;

•Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

http://travel.state.gov/visa/temp/types/types_1267.html

Most students who are subject to the 2 year rule, are subject to it because of the funding issue. You should check your visa and make sure it states that this rule does not apply to you before you move any further with the process.

Edited by Little_My

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: Lift. Cond. (pnd) Country: Spain
Timeline

You are no longer under a J-1 status, since your AOS is now pending. You're in a bit of a limbo stage status-wise, but you are authorized to remain in the US until you have a decision on your AOS, and you can continue going to school and studying just as you were before. However, you are no longer bound by the J-1 regulations regarding attendance and full-time course load. If you applied for the EAD and AP, you are also free to work and travel while the AOS is pending (travel is okay if you have no overstay, which it seems you don't).

I am not quite sure what you mean by "Renovation of DS-2019", but if you mean updating or extending your J-1, you do not have to do that, and in fact you cannot do that now that your AOS is pending. You're authorized to be here until you get your GC, or until you have a formal denial of your AOS application.

The school doesn't really need to do anything at this point. Once you have your GC, you should change your status in the school's system form international student to permanent resident. Your J1 status will/has expired automatically and your SEVIS record will be cancelled.

I did mean extending my J-1: getting it signed/stamped my DS-2019 by the university or getting a new one.

I imagine that, when the DS-2019 expires the university will ask me about my status — and hopefully the I-797s will explain the whole story.

Thanks for a fast and well-thought answer. I guess it's now time to enjoy limbo while waiting :)


The journey started with the adjustment of status on April 3 2012:

April 5 2012 (day 2) — Package delivered to Chicago Lockbox
April 6 2012 (day 3) — Notice: fingerprint fee accepted
April 9 2012 (day 6) — Received emails and texts, checks were cashed
April 14 2012 (day 11) — Received notices of action, alien number assigned
April 16 2012 (day 13) — Biometrics appointment notice received by mail (for May 9 2012, day 36)
April 17 2012 (day 14) — Successful early walk-in for fingerprinting/biometrics (22 days early)
May 21 2012 (day 48) — Interview appointment notice received by mail (for June 26 2012, day 84), also by email and text message (18:30)
May 31 2012 (day 58) — EAD card in production, (first) notice received by email and text message (17:45)
Jun 1 2012 (day 59) — AP approved, notice received by email and text message (18:30)
Jun 5 2012 (day 63) — EAD card in production, (second) notice received by email and text message (18:15)
Jun 6 2012 (day 64) — EAD card mailed to the address on file, notice received by email and text message (17:45)
Jun 8 2012 (day 66) — EAD card received by mail
June 26 2012 (day 84) — Interview, received notices of approval (two, for I-485 and I-130) by email and text message (17:45 and 18:00, respectively)
June 29 2012 (day 87) — Card in production, notice received by email and text message (18:45)
July 2 2012 (day 90) — Card mailed to the address on file, notice received by email and text message (18:15)

...it continued with the removal of conditions on March 28 2014 (1 year, 9 months, and 2 days after approval of adjustment of status):

March 31 2014 (day 3) — Package delivered to Vermont Service Center (14:11)

April 3 2014 (day 6) — Checks were cashed

April 4 2014 (day 7) — Received notice of action from VSC (receipt date: April 1 2014)

April 14 2014 (day 17) — Biometrics appointment notice received by mail (for May 6 2014, day 39)

April 18 2014 (day 21) — Successful early walk-in for fingerprinting/biometrics (18 days early)

October 29 2014 (day 215) — Conditions lifted, letter received on November 4 (day 221)

November 4 2014 (day 221) — Card in production, notice received by email and text message (Nov 5, 13:15)

November 10 2014 (day 227) — Card mailed to the address on file, notice received by email and text message (19:40)

...it concludes with the application for naturalization, starting on March 31 2015 (2 years, 9 months, and 5 days after approval of adjustment of status):

April 10 2015 (day 10) — Package delivered to Texas Lockbox (04:24)

April 15 2015 (day 15) — Checks were cashed

April 18 2015 (day 18) — Received notice of action (receipt date: April 10 2015)

April 26 2014 (day 26) — Biometrics appointment notice received by mail (for May 6 2014, day 34)

April 27 2012 (day 27) — Successful early walk-in for fingerprinting/biometrics (7 days early)

November 30 2015 (day 244) — In line for interview, notice received by email and text message

November 30 2015 (day 244) — This signature was updated

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Filed: Lift. Cond. (pnd) Country: Spain
Timeline

That is not the only basis which determines whether or not you are subject to the 2 year rule.. The funding of your exchange program is also relevant, so for example, all Fulbright students are always subject to the J1 rule because their exchange programme is partly or fully funded with government funds. Here's the list from the State Dept website:

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

•Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;

•Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;

•Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

http://travel.state.gov/visa/temp/types/types_1267.html

Most students who are subject to the 2 year rule, are subject to it because of the funding issue. You should check your visa and make sure it states that this rule does not apply to you before you move any further with the process.

The visa says clearly "bearer is not subject to section 212 (e)". So it should be safe.

Thanks! :)


The journey started with the adjustment of status on April 3 2012:

April 5 2012 (day 2) — Package delivered to Chicago Lockbox
April 6 2012 (day 3) — Notice: fingerprint fee accepted
April 9 2012 (day 6) — Received emails and texts, checks were cashed
April 14 2012 (day 11) — Received notices of action, alien number assigned
April 16 2012 (day 13) — Biometrics appointment notice received by mail (for May 9 2012, day 36)
April 17 2012 (day 14) — Successful early walk-in for fingerprinting/biometrics (22 days early)
May 21 2012 (day 48) — Interview appointment notice received by mail (for June 26 2012, day 84), also by email and text message (18:30)
May 31 2012 (day 58) — EAD card in production, (first) notice received by email and text message (17:45)
Jun 1 2012 (day 59) — AP approved, notice received by email and text message (18:30)
Jun 5 2012 (day 63) — EAD card in production, (second) notice received by email and text message (18:15)
Jun 6 2012 (day 64) — EAD card mailed to the address on file, notice received by email and text message (17:45)
Jun 8 2012 (day 66) — EAD card received by mail
June 26 2012 (day 84) — Interview, received notices of approval (two, for I-485 and I-130) by email and text message (17:45 and 18:00, respectively)
June 29 2012 (day 87) — Card in production, notice received by email and text message (18:45)
July 2 2012 (day 90) — Card mailed to the address on file, notice received by email and text message (18:15)

...it continued with the removal of conditions on March 28 2014 (1 year, 9 months, and 2 days after approval of adjustment of status):

March 31 2014 (day 3) — Package delivered to Vermont Service Center (14:11)

April 3 2014 (day 6) — Checks were cashed

April 4 2014 (day 7) — Received notice of action from VSC (receipt date: April 1 2014)

April 14 2014 (day 17) — Biometrics appointment notice received by mail (for May 6 2014, day 39)

April 18 2014 (day 21) — Successful early walk-in for fingerprinting/biometrics (18 days early)

October 29 2014 (day 215) — Conditions lifted, letter received on November 4 (day 221)

November 4 2014 (day 221) — Card in production, notice received by email and text message (Nov 5, 13:15)

November 10 2014 (day 227) — Card mailed to the address on file, notice received by email and text message (19:40)

...it concludes with the application for naturalization, starting on March 31 2015 (2 years, 9 months, and 5 days after approval of adjustment of status):

April 10 2015 (day 10) — Package delivered to Texas Lockbox (04:24)

April 15 2015 (day 15) — Checks were cashed

April 18 2015 (day 18) — Received notice of action (receipt date: April 10 2015)

April 26 2014 (day 26) — Biometrics appointment notice received by mail (for May 6 2014, day 34)

April 27 2012 (day 27) — Successful early walk-in for fingerprinting/biometrics (7 days early)

November 30 2015 (day 244) — In line for interview, notice received by email and text message

November 30 2015 (day 244) — This signature was updated

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