Interesting Information to Share

[Ketsuban 1,034]

2 hours ago, xillini said:

Yes, in fact, I already did my interveiw at Chicago and got the GC card on hand 2 monts ago, so technicaly, I dont have to be concerned too much about it. 

 

But thanks for the advice and sharing that with us here! I did AOS with some chit-chat actually, and it worked great. I guess it depends on individuals. Fortunately, my officer had good sense of humors and I and my spouse broke the ice. 

 

Anyway, I was getting curious how that backlog starts to affect me for I-751 later, which already takes around an year after filing. (USCIS timeline says 14 months actually for I-751). So, as the USCIS officers stated it would take 8 months ish now, and expectedly it will take even longer, then it is already 22 months (14 months of I-751 + 8 months of AOS), meaning that it becomes time-saving decision to file AOS after an year of marriage to avoid I-751 processing time, taking into account of opportunity costs. 

 

Therefore, after October, if processing time starts to be delayed, more couples would like to file AOS after an year of marriages, assuming that it would take an year with expectation that when they have AOS in an year later, they can get 10 years GC. 
If the duration of marriage is more than 2 years, by laws, USCIS is required to grant 10 years GC, not conditional GC. 

 

But, on the mean time, I am afraid to potentially observe that the delayed timeline may encourage more fradulent marriage when couples start to file AOS making sure their AOS case timeline is aimed for 2 years with expectation of 10 years GC and USCIS fails to double-check the marriage after 2 years of GC due to delayed processing timeline. 

 

Well, I think it is only fair to say Trump administration may have good intent to protect American workers from foreign aliens by "extreme vetting" and going through required interviews, but the consequence could be greater than what the administrations may not think of such as this delayed processing timeline. (It is called unintended consequence like you dont mean it to hurt someone, but eventually you ended up with hurting someone (i.e: car accident).  Just my thought

What do you want to bet they will change it so the people who K-1'd will have to ROC even if they delay it for the appropriate amount of time? Or they make it a legal requirement to AOS within a set timeframe after K-1 entry? That would be a big cash loss for USCIS if people stopped ROCing.

[xillini 71]

1 hour ago, Ketsuban said:

What do you want to bet they will change it so the people who K-1'd will have to ROC even if they delay it for the appropriate amount of time? Or they make it a legal requirement to AOS within a set timeframe after K-1 entry? That would be a big cash loss for USCIS if people stopped ROCing.

No I meant since it is expectedly that AOS is gonna take more than an year, then it becomes reasonable both in timeline wise and financially to apply AOS after one year anniversary of marriage date so that couples don't have to go through 1) Long and uncertain USCIS processing of I-751 2) Save I-751 fillig fees and attorney fees 3) direct access to 10 years GC. 

 

Already applicants married to LPR spouse, due to extended timeline, don't go through I-751, typically because by the time they are scheduled for field office interviews, their marriage timeline is over 2 years and it is not 2-year GC, but 10 years GC. 

 

I am not 100% sure about K-1, but if I remember correctly, there is certain deadline K1 visa holders have to get married to USC and then apply to AOS. So, I am not sure how it will work out, but for those others who are already present in US with valid status (i.e. student and visitors), they can start to make decisions based upon the description above, which I am afraid this sudden change due to interview requirement for all EB applicants can lead to more fradulent marriage because I-751 may not be required. 

[Californiansunset 332]

21 hours ago, xillini said:

No I meant since it is expectedly that AOS is gonna take more than an year, then it becomes reasonable both in timeline wise and financially to apply AOS after one year anniversary of marriage date so that couples don't have to go through 1) Long and uncertain USCIS processing of I-751 2) Save I-751 fillig fees and attorney fees 3) direct access to 10 years GC. 

 

Already applicants married to LPR spouse, due to extended timeline, don't go through I-751, typically because by the time they are scheduled for field office interviews, their marriage timeline is over 2 years and it is not 2-year GC, but 10 years GC. 

 

I am not 100% sure about K-1, but if I remember correctly, there is certain deadline K1 visa holders have to get married to USC and then apply to AOS. So, I am not sure how it will work out, but for those others who are already present in US with valid status (i.e. student and visitors), they can start to make decisions based upon the description above, which I am afraid this sudden change due to interview requirement for all EB applicants can lead to more fradulent marriage because I-751 may not be required. 

K1-visa holders need to marry within 90 days of their POE. There is no timeframe for when they need to submit the AOS documents but as long as they don't they're technically out of status and deportable. 

[Mr Geminian 691]

@RaptureSongbird Thanks for sharing this info..appreciate it

[venom123 32]

On 16/09/2017 at 6:31 PM, SteveE said:

As of January this year USCIS was no longer working on a 90 day timeframe for EAD. 

 

I filed for AOS in January this year and received my EAD approval on day 106. When inquiring about the status of their EAD‚ people are being referred to the USCIS processing times to indicate whether or not they are within normal processing times. You are considered outside of normal processing time IF your priority date is prior to the date last published on the bulletin

 

Current processing times are

 

I-765	Application for Employment Authorization	Based on a pending I-485 adjustment application [(c)(9)]	April 1, 2017

 

You can view all processing times here. To view the processing times for EAD‚ select the option for National Benefits Center (also known as MSC)

 

https://egov.uscis.gov/cris/processTimesDisplayInit.do

 

That's interesting.

 

How do I find out what my Service Center is?

 

I was supposed to have my biometrics done at a place near Chicago, but I was on vacation in Seattle during that time so I did my biometrics in Seattle. Will Seattle be handling my case now?

 

I checked all of the Service centers and they say May 1st for I-765 based on I-485

Edited September 19, 2017 by venom123

[f f 725]

I doubt it. the biometrics are all done electronically so it does not matter where you do them but if they need to do an on site or interview they and you would want it at the local office.

[Mr Geminian 691]

I-765	Application for Employment Authorization	Based on a pending I-485 adjustment application [(c)(9)]	April 12, 2017

[SteveE 25]

1 hour ago, venom123 said:

That's interesting.

 

How do I find out what my Service Center is?

 

I was supposed to have my biometrics done at a place near Chicago, but I was on vacation in Seattle during that time so I did my biometrics in Seattle. Will Seattle be handling my case now?

 

I checked all of the Service centers and they say May 1st for I-765 based on I-485

For AOS in most cases the I-765 is processed at the NBC. If your case #'s start with MSC‚ that means it's being handled by the National Benefits Center.

 

Your interview will be at your local field office‚ and you can view the estimated processing time for your I-485 for your local office.

 

You can determine your local office by using this webpage

 

https://www.uscis.gov/about-us/find-uscis-office/field-offices

 

Start by selecting your state from the map and then it will give you details for your state

[venom123 32]

1 hour ago, SteveE said:

For AOS in most cases the I-765 is processed at the NBC. If your case #'s start with MSC‚ that means it's being handled by the National Benefits Center.

 

Your interview will be at your local field office‚ and you can view the estimated processing time for your I-485 for your local office.

 

You can determine your local office by using this webpage

 

https://www.uscis.gov/about-us/find-uscis-office/field-offices

 

Start by selecting your state from the map and then it will give you details for your state

OK great, but because I had my biometrics in Seattle when it was supposed to be Chicago, will that affect where my I-765 is processed? 

[SteveE 25]

3 minutes ago, venom123 said:

OK great, but because I had my biometrics in Seattle when it was supposed to be Chicago, will that affect where my I-765 is processed? 

If your receipt # has an MSC then your EAD (I-765) will be processed at the NBC - it doesn't matter where you live or where you had the biometrics done. Biometrics are done at application support centers‚ not field offices or service centers. All the support center is in this case‚ is just a place to capture the information for processing.

Edited September 19, 2017 by SteveE

[RaptureSongbird 533]

It looks like there was a news release from USCIS about this but it doesn't specifically say K-1 adjustors, it's more about those for employment or refugee status:

 

https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants

 

However, it does state "Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types."  Based on that, I would guess we would likey start to see fewer waivers for K-1 AOS and more interviews.