January 2018 AOS Filers

[Stt 235]

27 minutes ago, Shalom12528 said:

is the Biometrics exam appointment the same as the medical appointment??? I think my biometric appointment is called ASC appointment... I am so confused... 

The biometrics appointment is at the ASC it is where they take your pic and fingerprint. The medical is completely different and usually submitted along with your AOS package

[Shalom12528 14]

2 minutes ago, Stt said:

The biometrics appointment is at the ASC it is where they take your pic and fingerprint. The medical is completely different and usually submitted along with your AOS package

Oh okay thank you!

[Jjjb 13]

15 hours ago, Stt said:

Yes it will have the dhs stamp on there untill you get the greencard to remove it

Oh okay! Glad I asked before I went back there. 

 

Thank you! 

[Stt 235]

2 minutes ago, Jjjb said:

Oh okay! Glad I asked before I went back there. 

 

Thank you! 

You're welcome!!

[Itssimons 122]

@TearsOfBabylon We seem to have the same local office I think. Have you had your interview or scheduled already? There seems to be a surge in the issuance of interview notices for November and December filers lately and I’ve been wondering what’s the heck is going on in our local office especially with K1 applicants

[CaroLeh 15]

My GC should be coming in the mail this Sat!!!  wohoooo 

[Journey to Wells 20]

Hey everyone!

 

It's been awhile since I updated, so here it goes...

 

After having a horrific initial interview on May 16th (we were separated, told our marriage wasn't bona fide, read letters my mother sent them claiming all sorts of fraud...), we received two NOIDs- one for my I-130 and one for his I-485. Both were written the 22nd, postmarked the 7th, and received the 11th (we didn't get his till the 14th). We had 30 days from the WRITTEN date to respond, meaning we had less than a week to respond to my husband's since his due date fell on a Sunday.  Luckily, I already had most of the evidence scrapped together that proved our bona-fide marriage (their primary issue was they didn't see enough co-mingling finances so I sent in 6 months checking AND savings bank statements, joint credit cards, joint renewed lease, joint utilities, joint vet bills, joint vacations, joint renters insurance, etc etc). However, what I was not expecting, was to be told that we both committed fraud, misrepresentation, forgery, and perjury! My mother denied she ever signed an Affidavit of Support, but thanks to some screenshots, I had some evidence that said otherwise...

 

Anyway, we mailed our responses back. My I-130, Petition for an Alien Relative, went to our local field office in Omaha, and his AOS application went to California... Both were received two days before the deadline. I just got a letter last night saying my I-130 has been approved!!! I'm hoping that means his AOS will also be approved, since their primary issue was the belief we committed fraud... So. Yeah

 

There's the update! I successfully fought off one NOID with no attorney help (we haven't had an attorney at all throughout this process...) and just waiting to hear back on the other NOID.

[Amainzing 18]

Well this is a bittersweet moment, my EAD arrived today but despite me sending off for AP at the same time, my card does not have that included (says at the bottom 'not valid for reentry to US'). Unless I am mistaken there is not much I can do about that, so I assume I'll have to wait until I receive my GC. Annoying as I was hoping to travel but a good thing that we didn't book anything yet I suppose. Still, a day to celebrate!

[lafe4c 92]

10 hours ago, Journey to Wells said:

Hey everyone!

 

It's been awhile since I updated, so here it goes...

 

After having a horrific initial interview on May 16th (we were separated, told our marriage wasn't bona fide, read letters my mother sent them claiming all sorts of fraud...), we received two NOIDs- one for my I-130 and one for his I-485. Both were written the 22nd, postmarked the 7th, and received the 11th (we didn't get his till the 14th). We had 30 days from the WRITTEN date to respond, meaning we had less than a week to respond to my husband's since his due date fell on a Sunday.  Luckily, I already had most of the evidence scrapped together that proved our bona-fide marriage (their primary issue was they didn't see enough co-mingling finances so I sent in 6 months checking AND savings bank statements, joint credit cards, joint renewed lease, joint utilities, joint vet bills, joint vacations, joint renters insurance, etc etc). However, what I was not expecting, was to be told that we both committed fraud, misrepresentation, forgery, and perjury! My mother denied she ever signed an Affidavit of Support, but thanks to some screenshots, I had some evidence that said otherwise...

 

Anyway, we mailed our responses back. My I-130, Petition for an Alien Relative, went to our local field office in Omaha, and his AOS application went to California... Both were received two days before the deadline. I just got a letter last night saying my I-130 has been approved!!! I'm hoping that means his AOS will also be approved, since their primary issue was the belief we committed fraud... So. Yeah

 

There's the update! I successfully fought off one NOID with no attorney help (we haven't had an attorney at all throughout this process...) and just waiting to hear back on the other NOID.

so so happy for you!!!. All will turn out well by God's grace.

[lafe4c 92]

Hi guys, please be aware of the upcoming changes to the existing policies... for those who will be applying or submitting any additional application, please be thorough in your compilations of documents as any omission may result into denial... Pls find below:

 

 

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

Versión en español

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. 

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”  

The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.

The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.  

USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated. 
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

This PM updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator’s Field Manual and contains an “additional considerations” section. The policy in this “additional considerations” section is not new, and is nearly identical to the policy contained in the superseded 2013 PM. 

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).

Last Reviewed/Updated: 07/13/2018

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

Edited July 14, 2018 by lafe4c

[twoDs 590]

Checking in, since it's been a while. Still no interview notice on the I-485, however the EAD/AP card

was used successfully to re-enter the country after visiting friends abroad. Customs was bit

confused how to handle it (I guess they don't get many people coming in on APs) but it worked.

 

We're at day 195. I looked up the few I-485s for K1s for our office, and only one I-485 has

been approved this year (in May, you know who you are ) The last three approvals before

that were all late 2017 and took about 9-10 months, so I guess we'll keep waiting.

 

Thank god we filed for EAD/AP. I can't imagine how hard it would be being trapped.

[pajobra 1,395]

On 7/16/2018 at 9:40 PM, twoDs said:

Checking in, since it's been a while. Still no interview notice on the I-485, however the EAD/AP card

was used successfully to re-enter the country after visiting friends abroad. Customs was bit

confused how to handle it (I guess they don't get many people coming in on APs) but it worked.

 

We're at day 195. I looked up the few I-485s for K1s for our office, and only one I-485 has

been approved this year (in May, you know who you are ) The last three approvals before

that were all late 2017 and took about 9-10 months, so I guess we'll keep waiting.

 

Thank god we filed for EAD/AP. I can't imagine how hard it would be being trapped.

Yeah I feel you cept for Denver cause apparently had two from VJ approved in April that were submitted after me and my husband. Shrugs I just go with the flow around here. Ha I am still trapped because I never applied for AP. I start my new job in a week and a half. YAY! AP doesn.t matter much because I can't take time off with my new job until after training ends in November and by then it will be a few months til GC hopefully. When they asked if I would need time off during training, I said no but that I was waiting for a GC interview and they said they would try and work around that if it came to it.

I am so glad I have a job starting soon because I had to rely on my Mum to bail me out on my Canadian bills. I had to pay taxes for 2017 in Canada which I knew but they were more than expected just because I was not a Canadian resident for 2 months. Once I start work I will be fine.  My husband too. He is only working part - time right now while his health is not doing well. But we are getting that back under control so soon he can go back to full time I hope.

[USC4SPOUSE 506]

On 5/11/2018 at 9:19 AM, Pandalion said:

Only K1 are getting interviewed for their GC that’s what I noticed for the last 3 months 

The interview depends upon the Field Office. Yours is the Minneapolis, MN field office. It's one of the slowest in the US. Here is the link to the Minneapolis AOS community/thread. We keep track of priority dates and interviews. It looks like they're interviewing people who filed in 05-2017. We also keep track of processing times. The field office nearly doubled its processing rate between 01-01-18 and 03-31-18. So there's hope. I posted a chart on that thread, as well. 

 

Edited July 19, 2018 by USC4SPOUSE

[Nouchigang 200]

13 hours ago, pajobra said:

Yeah I feel you cept for Denver cause apparently had two from VJ approved in April that were submitted after me and my husband. Shrugs I just go with the flow around here. Ha I am still trapped because I never applied for AP. I start my new job in a week and a half. YAY! AP doesn.t matter much because I can't take time off with my new job until after training ends in November and by then it will be a few months til GC hopefully. When they asked if I would need time off during training, I said no but that I was waiting for a GC interview and they said they would try and work around that if it came to it.

I am so glad I have a job starting soon because I had to rely on my Mum to bail me out on my Canadian bills. I had to pay taxes for 2017 in Canada which I knew but they were more than expected just because I was not a Canadian resident for 2 months. Once I start work I will be fine.  My husband too. He is only working part - time right now while his health is not doing well. But we are getting that back under control so soon he can go back to full time I hope.

I am glad things are moving along for you, hopefully a good surprise with an interview will come soon! Take care

[USC4SPOUSE 506]

15 hours ago, pajobra said:

Yeah I feel you cept for Denver cause apparently had two from VJ approved in April that were submitted after me and my husband. Shrugs I just go with the flow around here. Ha I am still trapped because I never applied for AP. I start my new job in a week and a half. YAY! AP doesn.t matter much because I can't take time off with my new job until after training ends in November and by then it will be a few months til GC hopefully. When they asked if I would need time off during training, I said no but that I was waiting for a GC interview and they said they would try and work around that if it came to it.

I am so glad I have a job starting soon because I had to rely on my Mum to bail me out on my Canadian bills. I had to pay taxes for 2017 in Canada which I knew but they were more than expected just because I was not a Canadian resident for 2 months. Once I start work I will be fine.  My husband too. He is only working part - time right now while his health is not doing well. But we are getting that back under control so soon he can go back to full time I hope.

Oh, it was more than just two. i know of several from another site who 01-10-18 and was interviewed in Denver, CO on 04-30-18. Approved on the spot. It was originally scheduled as employment-based even though it was marriage based AOS. So yeah, they skipped a lot of people. San Francisco, Chicago, New York, Atlanta, Raleigh, Oklahoma and many more,