OCTOBER AOS 2018 Filers

[Rocko20 159]

12 hours ago, Morgan89 said:

Hey all!

My EAD status changed today to 'New card being produced'!!! finally our time guys :))

- PD October 12th

Same here, I have the “new card being produced” (work permit). I couldn’t believe my computer screen.

 

Does anyone know how long until it actually comes in the mail?

 

Looks like they’re finally processing October filers for the EAD

Edited March 6, 2019 by Rocko20

[LisaLisa 65]

21 hours ago, DeepakChani said:

Did you guys send the official marriage certificate for the I765 and i131? I sent a copy and wonder if my RFE is because of that. 

Of course in the instructions of the application it says that the documents you need to provide are either original or certified copies. Mostly likely they will ask you for a certified copy by the county that produced it.

[LisaLisa 65]

21 hours ago, LoveTakesOver said:

We also received our RFE updated on the website Feb. 26 for form I-485 and received the mail last Friday Mar. 1.

 

The RFE is for certified English translation of a foreign birth certificate. We just sent the request today via FEDEX. 

 

The RFE indicated that they need this information before they can make a FINAL decision. 

 

Is it a possibility that they may approve a conditional permanent residence without an interview?

In the instructions of the application it indicates that you need to send original and translated certified copies from appropriate authorities.

[K1visaHopeful 2,702]

1 hour ago, Greek said:

Of course in the instructions of the application it says that the documents you need to provide are either original or certified copies. Mostly likely they will ask you for a certified copy by the county that produced it.

Sorry but where have you read this^^^^^^^^?

 

The instructions for submitting copies on ALL USCIS forms state this:

"Copies.

You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original. NOTE: If you submit original documents when not required or requested by USCIS or the Immigration Court, your original documents may remain a part of the record, USCIS or the Immigration Court will not automatically return them to you, and your original documents may be immediately destroyed upon receipt."

 

And the instructions for the MC state this:

"Marriage Certificate and Other Proof of Relationship

If you are filing Form I-485 as the derivative applicant spouse of the principal applicant, you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place. Refugee derivative applicant spouses do not need to submit a photocopy of the marriage certificate. There are also some immigrant categories that require the principal applicant to submit a marriage certificate (for example, K-1 nonimmigrants (person admitted to the United States as a fiancé(e)), abused spouses and children under the Cuban Adjustment Act (CAA), Haitian Refugee Immigration Fairness Act (HRIFA) dependents, and abused spouses and children under HRIFA). See the Additional Instructions for more category-specific information. If either party to this marriage was previously married, you must also submit evidence to prove the legal."

 

So a PHOTOCOPY of the original or a PHOTOCOPY of the certified copy is acceptable. This would not be a reason for @DeepakChani's RFE.

 

[ThomasNC1988 762]

22 hours ago, LoveTakesOver said:

Is it a possibility that they may approve a conditional permanent residence without an interview?

Highly unlikely. We were just discussing on another thread that we haven't seen a case like this on VJ since the policy change in May 2018.

[LisaLisa 65]

1 hour ago, K1visaHopeful said:

Sorry but where have you read this^^^^^^^^?

 

The instructions for submitting copies on ALL USCIS forms state this:

"Copies.

You should submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original. NOTE: If you submit original documents when not required or requested by USCIS or the Immigration Court, your original documents may remain a part of the record, USCIS or the Immigration Court will not automatically return them to you, and your original documents may be immediately destroyed upon receipt."

 

And the instructions for the MC state this:

"Marriage Certificate and Other Proof of Relationship

If you are filing Form I-485 as the derivative applicant spouse of the principal applicant, you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place. Refugee derivative applicant spouses do not need to submit a photocopy of the marriage certificate. There are also some immigrant categories that require the principal applicant to submit a marriage certificate (for example, K-1 nonimmigrants (person admitted to the United States as a fiancé(e)), abused spouses and children under the Cuban Adjustment Act (CAA), Haitian Refugee Immigration Fairness Act (HRIFA) dependents, and abused spouses and children under HRIFA). See the Additional Instructions for more category-specific information. If either party to this marriage was previously married, you must also submit evidence to prove the legal."

 

So a PHOTOCOPY of the original or a PHOTOCOPY of the certified copy is acceptable. This would not be a reason for @DeepakChani's RFE.

 

What do you think "you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place." This means a copy provided by the county that you submitted the original marriage licence. For example I live in Michigan my county provides photocopies singed and issued by the appropriate authority. https://www.washtenaw.org/DocumentCenter/View/755/Request-for-Certified-Copies-of-Birth-Marriage-Death-Business-Names-and-Military-Discharge-PDF. I added a link that explains exactly how you get a certified copy of your marriage license. You don't just take your original marriage license and scan it and make a copy. You need a copy that is issued by the authority not a copy you made your self. 

[K1visaHopeful 2,702]

1 minute ago, Greek said:

 You don't just take your original marriage license and scan it and make a copy. You need a copy that is issued by the authority not a copy you made your self. 

Ummmm sorry but you are 1000% wrong on that. Yes you can photocopy your original or certified MC. That's how every single one of us in this forum who has read the instructions has done it with zero problems.

[RambaCat 643]

11 minutes ago, Greek said:

What do you think "you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place." This means a copy provided by the county that you submitted the original marriage licence. For example I live in Michigan my county provides photocopies singed and issued by the appropriate authority. https://www.washtenaw.org/DocumentCenter/View/755/Request-for-Certified-Copies-of-Birth-Marriage-Death-Business-Names-and-Military-Discharge-PDF. I added a link that explains exactly how you get a certified copy of your marriage license. You don't just take your original marriage license and scan it and make a copy. You need a copy that is issued by the authority not a copy you made your self. 

If this was the case, they would have specifically requested a 'Certified Copy', I think, not worded it as a photocopy. Either way, there have been people approved with either; it's going to depend on the officer who looks at the case as to what is accepted. Some are going to be stricter, others more lenient.

 

They probably put in "issued by the appropriate civil authority" because you can also get marriage certificates from churches that would not be accepted by USCIS as evidence (I have both). They want the legal document, not the religious.

Edited March 6, 2019 by RambaCat
Added some stuff

[LisaLisa 65]

3 minutes ago, K1visaHopeful said:

Ummmm sorry but you are 1000% wrong on that. Yes you can photocopy your original or certified MC. That's how every single one of us in this forum who has read the instructions has done it with zero problems.

So you are telling me that you took your original marriage license and scanned it and send it in. I on the other hand requested a copy from the state stamped and printed in the appropriate paper but a copy that you make on your printer at home is more valid than a copy made by the appropriate civil authority, based on the instructions you just shared in the forum.

[K1visaHopeful 2,702]

2 minutes ago, Greek said:

So you are telling me that you took your original marriage license and scanned it and send it in. I on the other hand requested a copy from the state stamped and printed in the appropriate paper but a copy that you make on your printer at home is more valid than a copy made by the appropriate civil authority, based on the instructions you just shared in the forum.

Yes. I did. And so did everyone who read the instructions that says you can submit a photocopy.

Your copy is not any more valid than mine.

Edited March 6, 2019 by K1visaHopeful

[LisaLisa 65]

2 minutes ago, RambaCat said:

If this was the case, they would have specifically requested a 'Certified Copy', I think, not worded it as a photocopy. Either way, there have been people approved with either; it's going to depend on the officer who looks at the case as to what is accepted. Some are going to be stricter, others more lenient.

But is does say a copy issued by the appropriate civil authority. It doesn't say just a photocopy.

[RambaCat 643]

4 minutes ago, Greek said:

But is does say a copy issued by the appropriate civil authority. It doesn't say just a photocopy.

Sorry, I edited my post but to clarify;

 

There are two types of marriage certificate. The official document which is issued by the state, and the religious document, issued by the church. If they wanted a certified copy, I would imagine that they would word it as "a certified copy of the document issued by the appropriate civil authority blahblahblah", to save confusion. They aren't trying to catch people out - but on the other hand, if you are correct and they do require a certified copy, then I'm sure they would have had complaints enough about the clarity of their instructions and changed it.

 

They are just noting they don't want church copies.

Edited March 6, 2019 by RambaCat

[K1visaHopeful 2,702]

12 minutes ago, Greek said:

But is does say a copy issued by the appropriate civil authority. It doesn't say just a photocopy.

No it says "you generally must submit a photocopy OF your marriage certificate issued by the appropriate civil authority where the marriage took place." 

It does not say "a photocopy that was issued by the appropriate civil authority of your marriage certificate issued by the appropriate civil authority where the marriage took place." 

As long as the MC was issued by the appropriate civil authority then you have a legitimate MC and can photocopy it yourself.

Edited March 6, 2019 by K1visaHopeful

[RambaCat 643]

Actually, to be fair, there are probably more than two types of marriage certificate, but it's basically official state issued and everything else. 😂

[K1visaHopeful 2,702]

3 minutes ago, RambaCat said:

Sorry, I edited my post but to clarify;

 

There are two types of marriage certificate. The official document which is issued by the state, and the religious document, issued by the church. If they wanted a certified copy, I would imagine that they would word it as "a certified copy of the document issued by the appropriate civil authority blahblahblah", to save confusion. They aren't trying to catch people out - but on the other hand, if you are correct and they do require a certified copy, then I'm sure they would have had complaints enough about the clarity of their instructions and changed it.

 

They are just noting they don't want church copies.

And we ALL would have received RFEs for submitting photocopies. That is not the case.