APRIL 2018 AOS FILERS

[psgma 94]

On 8/27/2018 at 3:56 PM, Sarah&Facundo said:

 

 

I just checked my USCIS account and it said that they are working on my case at the Louisville Field office location. Does it imply that my case is no longer at  the NBC??

 

"As of June 26, 2018, we completed our review of your fingerprints and are working on your Form I-765, Application for Employment Authorization, Receipt Number MSCxxxxxxxx, at our Louisville Field Office location. We will let you know if we make a decision or need anything from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

[Koni10 22]

Hello fellow April filers,

 

I have a question about the marriage-based AOS interview and likelihood of being approved/rejected. My case says Ready to be Scheduled for the Interview. Does this mean all of our paperwork has passed, and they just need to verify our marriage? As long as our marriage is genuine and we are able to provide proofs that it is, are we good? 

 

The only complication we had is our financial status. But we have a co-sponsor who filed the form, and we included co-sponsor's tax returns and recent paychecks. So it should be good...

 

If one to be rejected at the interview, what are the likely reasons? 

 

Thanks!

[Diorella 31]

to those who recieved their GC already, did you get a 2yr. conditional or a 10 yr. GC? thanks!

[emekus94 1,125]

13 minutes ago, Diorella said:

to those who recieved their GC already, did you get a 2yr. conditional or a 10 yr. GC? thanks!

It will all be 2 year conditional for anyone in April 2018- adjusting from a K1 because I assume the marriage happened sometime this year
Your GC is based on how Long you have been MARRIED. If married for less than 2 years when you went to GC interview, then you will get a 2 year GC
if not, you get the 10 year one

[Diorella 31]

2 hours ago, emekus94 said:

It will all be 2 year conditional for anyone in April 2018- adjusting from a K1 because I assume the marriage happened sometime this year
Your GC is based on how Long you have been MARRIED. If married for less than 2 years when you went to GC interview, then you will get a 2 year GC
if not, you get the 10 year one

thanks for the reply.. my friend got a 10yr. GC. she was married 1 yr. 1 month when they had their interview. but they have a baby already when they had their interview. so maybe it depends on cases also.

[Sarah&Facundo 614]

1 hour ago, Diorella said:

thanks for the reply.. my friend got a 10yr. GC. she was married 1 yr. 1 month when they had their interview. but they have a baby already when they had their interview. so maybe it depends on cases also.

A baby has nothing to do with it. If she was only married for one year and received a 10 year green card, then that is a huge problem. She received the wrong one and should have contacted the USCIS to get the right one. You need to be married for two years or more to get the ten year green card.

[George & John 52]

8 hours ago, Diorella said:

thanks for the reply.. my friend got a 10yr. GC. she was married 1 yr. 1 month when they had their interview. but they have a baby already when they had their interview. so maybe it depends on cases also.

 

7 hours ago, Sarah&Facundo said:

A baby has nothing to do with it. If she was only married for one year and received a 10 year green card, then that is a huge problem. She received the wrong one and should have contacted the USCIS to get the right one. You need to be married for two years or more to get the ten year green card.

 

Agreed. There are some exceptions (domestic abuse etc), but assuming they don't apply, she seems to have been issued the wrong GC and needs to correct this with USCIS. Their own records will probably reflect a 2-year conditional immigration status, so enforcement action could be taken against her if she doesn't apply to remove conditions within the window. The card may say 10 years, but there's no guarantee that her immigration file says the same thing. She probably received a bunch of documentation alongside the GC instructing her to renew after two years of marriage, too, so I don't even know how much of a defense the incorrect expiry date would provide her.

 

Please tell her to read this article on this very subject: https://www.njimmigrationattorney.com/blog/2018/05/immigration-issues-10-year-green-card-by-mistake-error-on-green-card.shtml

[emekus94 1,125]

9 hours ago, Diorella said:

thanks for the reply.. my friend got a 10yr. GC. she was married 1 yr. 1 month when they had their interview. but they have a baby already when they had their interview. so maybe it depends on cases also.

There's no "Depends" on it
That's clearly an error and she should get that cleaned up lest she has issues with the rest of her immigration journey.

I know many people do a "court marriage" and then a traditional wedding afterwards and that always causes confusion. USCIS goes by Whatever the "official" marriage date she used to file
So if the certificate shows she's been married less than 2 years, there is an ERROR.

[George & Roth 1,485]

12 hours ago, Diorella said:

thanks for the reply.. my friend got a 10yr. GC. she was married 1 yr. 1 month when they had their interview. but they have a baby already when they had their interview. so maybe it depends on cases also.

 

There is definitely a chance it is an error though, @George & John posted a good article above. Only minor change, do not contact that lawyer but DO CONTACT USCIS!

 

That would really suck, your friend getting in trouble in a few years because the USCIS made an administrative mistake. 

 

My wife and I were married in March 2018, our son was born in Feb 2015 and our second child will be born in Feb/Mar 2019. I guess I will find out for myself soon enough whether having kids impacts anything, I have never heard it will and I assume it will not. 

[ambrella 62]

On 8/29/2018 at 9:03 AM, Lsthorpe1 said:

Update for anyone who cares.

 

I went to my local USCIS today after my expedite request via phone call was taking far too long to process.

 

Ive been granted an emergency travel permit (Second one this year!!) It was straight forward and easy! I was so worried that I would be denied based on the fact that my uncle isn’t a blood/marital relative and as it is my second emergency permit I didn’t know how they’d view it.

 

But - it was all good!!

 

I advise anyone with a family emergency back home to NOT bother with the phone line! Go straight to your local office, request an emergency appointment and if successful - walk out with travel permit in hand there and then!

 

I still can’t beleive my initial AP and EAD still haven’t been approved!!! This sucks so much. 

Good to know thanks! And sorry you had two family emergencies.  Did you have to provide evidence of the reason you needed to leave?

[Lsthorpe1 129]

1 hour ago, ambrella said:

Good to know thanks! And sorry you had two family emergencies.  Did you have to provide evidence of the reason you needed to leave?

Yes.

 

I had to establish and prove a tie to show that he was my uncle. I did this though a line of connecting birth certificates - my own, my Dad’s, my Aunties (my dads sister), and my Cousins. My cousins birth certificate was the one that mattered most as it had my Auntie and Uncle listed as parents. So that’s the tie! 

 

I then provided a cornoners report report showing that my uncle had passed.

 

As long as you can provide evedience showing a tie I think you’re good!

 

 

Edited August 30, 2018 by Lsthorpe1

[George & John 52]

My EAD is being produced - updated yesterday. Case was received April 23rd, so I'm not an early filer in the forum. Obviously I'm happy, but it's sad and unfair that there's such a disparity in the dates being processed. Some handlers must be much further through their assigned caseloads than others, as was the case during the K1. Hang in there guys.

 

On a different note, does anybody know the rules on Advance Parole and leaving the country? I want to go on vacation with my family outside of the UK, where they live. In the application and USCIS guidance, it seems you should only be leaving for good reasons (family situation etc) matching the ones you gave on the application, but I've seen examples of people taking vacations successfully. The terms of AP remain the same, but it seems as though enforcement of the terms have relaxed as GC wait-times have increased.

 

I'm a worrier, though, so wouldn't risk it even if 99.99% of people have no problems. Can anybody shed light? Even immigration attorneys seem to disagree (see the conflicting answers given here: https://www.avvo.com/legal-answers/can-i-use-an-advance-parole-to-go-on-vacation-outs-2198005.html)

[Valeriyanest 21]

1 hour ago, George & John said:

My EAD is being produced - updated yesterday. Case was received April 23rd, so I'm not an early filer in the forum. Obviously I'm happy, but it's sad and unfair that there's such a disparity in the dates being processed. Some handlers must be much further through their assigned caseloads than others, as was the case during the K1. Hang in there guys.

 

On a different note, does anybody know the rules on Advance Parole and leaving the country? I want to go on vacation with my family outside of the UK, where they live. In the application and USCIS guidance, it seems you should only be leaving for good reasons (family situation etc) matching the ones you gave on the application, but I've seen examples of people taking vacations successfully. The terms of AP remain the same, but it seems as though enforcement of the terms have relaxed as GC wait-times have increased.

 

I'm a worrier, though, so wouldn't risk it even if 99.99% of people have no problems. Can anybody shed light? Even immigration attorneys seem to disagree (see the conflicting answers given here: https://www.avvo.com/legal-answers/can-i-use-an-advance-parole-to-go-on-vacation-outs-2198005.html)

I just got back to the US with the Advance Parole. Had no problems at the Port of Entry. Nobody asked for the reasons I traveled, only how long I was away (2 weeks). I only spent longer time at the airlines check-in desk, because they weren't that familiar with AP as they were with Green Cards and visas, and they always ask about the documents you travel to the US with. When boarding the plane they scanned my combo card.

[Tomalley 160]

7 minutes ago, Valeriyanest said:

I just got back to the US with the Advance Parole. Had no problems at the Port of Entry. Nobody asked for the reasons I traveled, only how long I was away (2 weeks). I only spent longer time at the airlines check-in desk, because they weren't that familiar with AP as they were with Green Cards and visas, and they always ask about the documents you travel to the US with. When boarding the plane they scanned my combo card.

How long can you be away of USA? What documents you need to bring with you? Thanks 

[Valeriyanest 21]

29 minutes ago, Tomalley said:

How long can you be away of USA? What documents you need to bring with you? Thanks 

I don't think there's a particular number of days you are allowed to be away. But the AP is for "short trips", so in my personal opinion you are good under 1 month. Longer - they might just ask for the reasons and still parole you. But I really don't have an answer, and I haven't seen any official instructions.

 

You will obviously need your travel passport and an AP (combo) card.

I also brought my marriage certificate (because my Russian passport and AP show different last names), instructions from USCIS for the combo card - these two documents I showed at the airlines check-in desk when traveling back to the US. Also I brought all my NOAs just in case but nobody asked for them.