Problems!

[A J Findley 0]

Hi there. This is my first post here, although I have been using your FAQs sporadically during the K-1 process.

I am from England, UK, while my wife is a US citizen. We have been officially approved and are married.

Having filed the paperwork for adjustment of status, we have found ourselves stuck. What status am I now? I have filed for adjustment, case pending, have been married for 7 months now, and so obviously my visa has expired. I assume I am no longer a K-1, but I am not yet a permanent resident. Am I a 'legal alien'?

Also, due to slowness with Florida mail, I got a notice to attend an appointment for biometrics on the day of the appointment, so I have to reschedule. Yet it says on the notice that my application will be considered abandoned if I don't attend (which I couldn't, since mail arrived at noon when my appointment was at 9AM that same day). This is ever so slightly worrying. Since we are surviving on one paycheck currently (with ridiculous rent rates down here), obtaining the funds for another application fee will take some time.

Any assistance anyone can give would be a great help.

Alex.

[luvinmb 0]

I believe you are considered a "conditional resident" and yes, you are legal....... Also, I have read many posts where people were unable to attend an appointment and had to reschedule. I would just try to reschedule at the earliest possible date/time.

Also, have you not received your work authorization yet? I am pretty sure you should already have that since you have been here 7 months now.

Hope this helps. Don't worry, you are almost over with the process. I hear the adjustment interviews are rather easy.

[Kez/JWolf 6]

You are not a conditional resident until your AOS is approved.... your status at this time is Adjustment Pending.... you could try going to the place for Biometrics and explain what happeded they just do it for you anyway.... if you wait for a reschedule you will wait months...

a few people have had sucess at getting biometrics done as walk in after they have missed the appointment... so give it a go..

Good luck

Kezzie

[A J Findley 0]

Whoops, I guess I posted in the wrong forum. Sorry!

Also, have you not received your work authorization yet? I am pretty sure you should already have that since you have been here 7 months now.

Long story short, my wife moved away from most of her family shortly before I came over, meaning our 'reception' was delayed and back at her old home in Michigan, several months later. We are the typical newlyweds: 'we don't need money, we have love' 'well that's good, because it's all we have right now'. It was only from wedding gifts that we were able to gather the required fee to file the adjustment papers. So, needless to say, it was some time before the ball began rolling, and here we are at 7 months.

Also, I have another question. Do I have to do biometrics for each case filed? Because I have already been to one biometrics appointment for the work authorization case, where they took my right index print and one photo. I guess they must need more for the other case, since I got another appointment notice (the one I missed).

[Waiting in Vancouver 6]

Whoops, I guess I posted in the wrong forum. Sorry!

Also, have you not received your work authorization yet? I am pretty sure you should already have that since you have been here 7 months now.

Long story short, my wife moved away from most of her family shortly before I came over, meaning our 'reception' was delayed and back at her old home in Michigan, several months later. We are the typical newlyweds: 'we don't need money, we have love' 'well that's good, because it's all we have right now'. It was only from wedding gifts that we were able to gather the required fee to file the adjustment papers. So, needless to say, it was some time before the ball began rolling, and here we are at 7 months.

Also, I have another question. Do I have to do biometrics for each case filed? Because I have already been to one biometrics appointment for the work authorization case, where they took my right index print and one photo. I guess they must need more for the other case, since I got another appointment notice (the one I missed).

Yes if they only took the index finger and a picture then you will need the second appointment ... For the AOS they take every finger and thumbs as well as a picture ...

[Kez/JWolf 6]

You posted in the correct forum....

Yes you need to do Biometrics for both the EAD and the AOS...

At the Biometrics for AOS they will take all your fingerprints and your photo and your signature...

Dont worry about the time you have waited it is not uncommon to wait that amount of time before filing... some have waited longer...

Kezzie

Edited October 23, 2006 by Kezzie

[John & Annie 0]

You really should take the trip as soon as you can to the Biometrics place and explain. As stated earlier, you may have some sucess.

As far as your status, you are technically a spouse with a pending application.

We all understand how the fees pile up and at times seem excessive, but as mentioned in another post the USCIS is self supporting.

Good luck and keep us informed, you will get lots of opinions on this board, but Annie and I tried explaining our woes to our friends and no one understood. Being here has brought a lot of peace to our lives by just knowing we are not alone.

Edited October 23, 2006 by John & Annie

[nemu 0]

Status - "Adjustment pending"

Biometrics - are you absolutely sure that there was no paragraph stating something along these lines " ... or show up any following wednesday within 1 month" ?

[A J Findley 0]

Good news: The USCIS service center admitted me even though I had missed my appointment, without even rescheduling. Apparently all that mattered in this case was that I had an appointment letter that they could stamp and fill in.

Now we have to gather some more evidence for the affidavit of support, since apparently what we sent the first time wasn't sufficient. Still, another step forward!

[Kez/JWolf 6]

so glad you got that sorted......

wishing you a speedy journey..

Kezzie

[aidan80 9]

Hi there. This is my first post here, although I have been using your FAQs sporadically during the K-1 process.

I am from England, UK, while my wife is a US citizen. We have been officially approved and are married.

Having filed the paperwork for adjustment of status, we have found ourselves stuck. What status am I now? I have filed for adjustment, case pending, have been married for 7 months now, and so obviously my visa has expired. I assume I am no longer a K-1, but I am not yet a permanent resident. Am I a 'legal alien'?

Also, due to slowness with Florida mail, I got a notice to attend an appointment for biometrics on the day of the appointment, so I have to reschedule. Yet it says on the notice that my application will be considered abandoned if I don't attend (which I couldn't, since mail arrived at noon when my appointment was at 9AM that same day). This is ever so slightly worrying. Since we are surviving on one paycheck currently (with ridiculous rent rates down here), obtaining the funds for another application fee will take some time.

Any assistance anyone can give would be a great help.

Alex.

You’re story has similarities to my own, we’re also in Florida .. We also somehow survived on one pay cheque in this place.. in fact still surviving on one paycheck ! I came over on a K-1 November 2005, got married on time but couldn’t file for AOS due to a number of things including a small car accident. We ended up well quite skint with one income to live on!

We couldn’t afford to file for AOS and EAD until April 2006.. the EAD was approved a few months later and returned to USCIS by USPS because we didn’t have our name on the stupid mail box outside .. one bit of advise for you is if you have a mail box put you’re name on it or else you’re at the mercy of the mail man! We also got an RFE for the affidavit of support, they wanted a cosponsor.

Anyway to cut to the point.. I just got an approval for the AOS a few days ago in Orlando and I was quite a few months between my K-1 and filing for AOS.. if you’re case is anything like mine was.. Once you’ve gotten past the biometrics and the RFE if you filed for an EAD I’m sure it’ll be there soon!

Good luck