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Wingnutfish

What happens to I-751 if fee waiver is rejected?

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

Hi everyone!

My wife and I are getting ready to file her I-751 to remove conditions on permanent residency, with the 2-year deadline coming up on November 4.

As you know, the combined filing fee and biometric fee are now almost $600, which is a lot of money for us, so we're considering filing for the fee waiver. Our household income last year was about $19,000 (150% of poverty for a household of two is now defined as $24,030), and we might make a little more this year but it's impossible to predict because my wife's hours vary and I'm self-employed. We have about $3,500 in the bank, but were hoping to save that for other important things (for example, I owe over $30,000 in student loans).

So, advice is welcome about whether we're likely to be granted the fee waiver, but my main question is: What happens if you file the fee waiver with the I-751 and then the fee waiver is rejected. Do we have to file the I-751 over again? What if the two-year deadline to file the I-751 has passed by then? I couldn't find this information anywhere in the USCIS instructions.

Thanks so much!

-Evan


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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From what I have read, if you have $3500 in savings, you will be expected to pay the fee. Fee waivers are very rarely granted.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Filed: Citizen (pnd) Country: Lebanon
Timeline
We have about $3,500 in the bank, but were hoping to save that for other important things. Filing the I-751 IS important thing, your wife's immigration status is really an important thing. Most likely the fee waiver will be denied because you do have the money, you just don't want to use it, and that's not what the fee waiver was introduced.
Edited by azzein

The immigration process caused me PTSD.

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Filed: Citizen (apr) Country: Hungary
Timeline

Wrong. As long as last year's household income was under 150% of FPL for their household count as evidenced by their tax return transcript, the waiver will be granted.

Source: filed my N-400 with fee waiver based solely on income.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Citizen (apr) Country: Hungary
Timeline

From the instructions for Form I-912

"Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines

To qualify for the fee waiver, your household income must be at or below 150 percent of the Federal Poverty Guidelines, at the time of filing, based on your household size. The Federal Poverty Guidelines are established by the Secretary of the Department of Health and Human Services annually. To obtain information on the current Federal Poverty Guidelines, visit our Web site at www.uscis.gov/I-912P and review Form I-912P, Poverty Guidelines for Fee Waiver Request."


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

Thanks for the advice! Does anyone have the answer to my main question, about what happens if the fee waiver is rejected?


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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Filed: Country: Jamaica
Timeline

If your fee waiver is rejected you have to file the I-751 with the 590.00 payment. There is someone who this recently happened to but they were able to refile with the money within the 90 days, so they were not late in filing.


Phase I - IV - Completed the Immigration Journey 

 

 

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

We have to file all the documents all over again, or just send in the fee?


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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Wrong. As long as last year's household income was under 150% of FPL for their household count as evidenced by their tax return transcript, the waiver will be granted.

Source: filed my N-400 with fee waiver based solely on income.

From the instructions for Form I-912

"Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines

To qualify for the fee waiver, your household income must be at or below 150 percent of the Federal Poverty Guidelines, at the time of filing, based on your household size. The Federal Poverty Guidelines are established by the Secretary of the Department of Health and Human Services annually. To obtain information on the current Federal Poverty Guidelines, visit our Web site at www.uscis.gov/I-912P and review Form I-912P, Poverty Guidelines for Fee Waiver Request."

??


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

KieranHby, the way the waiver works is that the form asks for your last year's income, then invites you to explain anything that's changed. While it's officially the current income that counts, you can see why in practice the past year's income seems like the main thing (especially since no one actually knows their current-year "annual" income for sure, owing to the fact that the year isn't over yet).


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

They saidthey had to refile, check out June thread, they mention it in there.

Thanks! But that thread is 41 pages long...do you remember if USCIS said anything about whether it considered the I-751 to be received on the date that it was first received with the fee waiver, or can a fee waiver rejection potentially delay you into the danger zone?


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

So, I did find this upon re-reading the instructions for the fee waiver form:

USCIS will notify you of the decision in writing. If USCIS denies your fee waiver request, the notice will include

information on resubmitting your application or petition. For certain immigration benefits, you may have only a limited
period of time in which to resubmit your application or petition with the proper filing fee. Please review the Instructions
for the application or petition for which you want USCIS to consider a fee waiver to determine when to refile.

This supports the story that we would have to file the whole thing over again, but seems a little unclear about what happens if the deadline is approaching (or if it passes while we're waiting to hear back?). Does the "limited period of time" refer to the remainder of the time until the original deadline, or is there a new time limit set in the notice letter?


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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KieranHby, the way the waiver works is that the form asks for your last year's income, then invites you to explain anything that's changed. While it's officially the current income that counts, you can see why in practice the past year's income seems like the main thing (especially since no one actually knows their current-year "annual" income for sure, owing to the fact that the year isn't over yet).

Good explanation! gratzi..


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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