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Wierobles

IR/CR 1 with ARN but received a decision on request to extend nonimmigrant status

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We submitted all required forms last January 4, 2019.

 

On January 14, we received the decision on my request to extend nonimmigrant status. I have to depart the US within 33 days.

 

On January 26, we recieved the first NOAs for I-130, 485, 765  and 131.

 

Should we reply to the letter regarding the decision? What’s the best course of action? 

 

Thank you!

 

 

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3 hours ago, Wierobles said:

We submitted all required forms last January 4, 2019.

 

On January 14, we received the decision on my request to extend nonimmigrant status. I have to depart the US within 33 days.

 

On January 26, we recieved the first NOAs for I-130, 485, 765  and 131.

 

Should we reply to the letter regarding the decision? What’s the best course of action? 

 

Thank you!

 

 

You filed the 485, 131, 765?  Those are not required for the I-130 and I-130a.  I'm confused.  

 

Your timeline says that you have paid the AOS fee and that NVC has received your petition but your NOA1 date is 1/17/2019.  

Edited by John & Rose

June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

January 22, 2019 -  NOA-2 (Rose)

January 23, 2019 -  NOA-2 (AJ)

January 23, 2019 -  NOA-2 (Aira)

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

IMG_6043.jpeg.f00e0714733e6533148a7bb56d286460.jpeg

 

 

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1 hour ago, John & Rose said:

You filed the 485, 131, 765?  Those are not required for the I-130 and I-130a.  I'm confused.  

 

Your timeline says that you have paid the AOS fee and that NVC has received your petition but your NOA1 date is 1/17/2019.  

Thank you, John and Rose for replying to my query.

 

I did concurrent filing for the I-130 and I-485. Along with these, I also filed for Application for Employment Authorization (I-765) and Travel Document (I-131). These were all submitted in January 4, 2019.

 

We received Form I-797C, Notice of Action for all the 4 applications last January 26, 2019.

 

The Notice Date specified in all the NOAs is January 17, 2019.

 

On January 14, I received the Decision from USCIS that my request for extension of nonimmigrant stay was denied. I applied for this in January 2018 (3 months before my B1 visa expores). I requested for a 5-month extension.  I got married in July 2018. 

 

Should I just ignore the Decision? Or do I need to inform them that I already have the ARN and papers are being processed?

 

Kindly enlighten me.

 

Wie

 

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1 minute ago, Wierobles said:

Thank you, John and Rose for replying to my query.

 

I did concurrent filing for the I-130 and I-485. Along with these, I also filed for Application for Employment Authorization (I-765) and Travel Document (I-131). These were all submitted in January 4, 2019.

 

We received Form I-797C, Notice of Action for all the 4 applications last January 26, 2019.

 

The Notice Date specified in all the NOAs is January 17, 2019.

 

On January 14, I received the Decision from USCIS that my request for extension of nonimmigrant stay was denied. I applied for this in January 2018 (3 months before my B1 visa expores). I requested for a 5-month extension.  I got married in July 2018. 

 

Should I just ignore the Decision? Or do I need to inform them that I already have the ARN and papers are being processed?

 

Kindly enlighten me.

 

Wie

 

You do not need to file the EAD, AP or AOS since those are part of the CR process. Once the CR is approved the beneficiary will already be a GC holder. Did you pay for AOS?  I do not believe AP or EAD can be approved for a non immigrant. I’m not positive though. You will have to complete the rest of the CR process including the fees. I’m sure people here will be much more knowledable but there is no EAD or AP for the CR Visa. Did you pay $1200 plus the $535?


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

January 22, 2019 -  NOA-2 (Rose)

January 23, 2019 -  NOA-2 (AJ)

January 23, 2019 -  NOA-2 (Aira)

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

IMG_6043.jpeg.f00e0714733e6533148a7bb56d286460.jpeg

 

 

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Moved from IR-1/CR-1 Progress Reports to Adjustment of Stats from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 1/30/2019 at 4:03 PM, Wierobles said:

Thank you, John and Rose for replying to my query.

 

I did concurrent filing for the I-130 and I-485. Along with these, I also filed for Application for Employment Authorization (I-765) and Travel Document (I-131). These were all submitted in January 4, 2019.

 

We received Form I-797C, Notice of Action for all the 4 applications last January 26, 2019.

 

The Notice Date specified in all the NOAs is January 17, 2019.

 

On January 14, I received the Decision from USCIS that my request for extension of nonimmigrant stay was denied. I applied for this in January 2018 (3 months before my B1 visa expores). I requested for a 5-month extension.  I got married in July 2018. 

 

Should I just ignore the Decision? Or do I need to inform them that I already have the ARN and papers are being processed?

 

Kindly enlighten me.

 

Wie

 

So you came on a tourist visa, applied to extend your tourist visa (98.5% denial rate), didn't withdraw your application to extend tourist status, and applied for AOS in the meantime. Is that correct? 

 

If so, I imagine that your denied tourist visa extension petition can be safely ignored. Anecdotally, I applied to change my work status to tourist status, and it got denied by virtue of my leaving the United States. I probably should also have withdrawn it, but I didn't, so technically I was denied for all intents and purposes. This had zero bearing on my consequent entry to the US and my AOS

 

I don't think you can really do anything about it at this point. I'm not even sure if you're technically out of status, or ever have been, considering that you had a pending COS application before you submitted AOS. But either way, there's not much you can do and you're realistically fine, but I'll let others weigh in. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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On 1/30/2019 at 4:09 PM, John & Rose said:

You do not need to file the EAD, AP or AOS since those are part of the CR process. Once the CR is approved the beneficiary will already be a GC holder. Did you pay for AOS?  I do not believe AP or EAD can be approved for a non immigrant. I’m not positive though. You will have to complete the rest of the CR process including the fees. I’m sure people here will be much more knowledable but there is no EAD or AP for the CR Visa. Did you pay $1200 plus the $535?

 

On 1/30/2019 at 4:09 PM, John & Rose said:

You do not need to file the EAD, AP or AOS since those are part of the CR process. Once the CR is approved the beneficiary will already be a GC holder. Did you pay for AOS?  I do not believe AP or EAD can be approved for a non immigrant. I’m not positive though. You will have to complete the rest of the CR process including the fees. I’m sure people here will be much more knowledable but there is no EAD or AP for the CR Visa. Did you pay $1200 plus the $535?

Hello. Thank you for the time and effort in replying to my query.

 

We did pay for the I-130 and I-485. The EAD and AP were free of charge.

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On 2/3/2019 at 12:05 AM, eckoin said:

So you came on a tourist visa, applied to extend your tourist visa (98.5% denial rate), didn't withdraw your application to extend tourist status, and applied for AOS in the meantime. Is that correct? 

 

If so, I imagine that your denied tourist visa extension petition can be safely ignored. Anecdotally, I applied to change my work status to tourist status, and it got denied by virtue of my leaving the United States. I probably should also have withdrawn it, but I didn't, so technically I was denied for all intents and purposes. This had zero bearing on my consequent entry to the US and my AOS

 

I don't think you can really do anything about it at this point. I'm not even sure if you're technically out of status, or ever have been, considering that you had a pending COS application before you submitted AOS. But either way, there's not much you can do and you're realistically fine, but I'll let others weigh in. 

Thank you, Eckoin in replying to my message. 

 

You understood it right. I came on a tourist visa, applied for extension, got married while waiting for the extension approval/denial then submitted our I-130 and I-485 together with EAD and AP.

 

I am scheduled for Biometrics come Monday. 

 

Praying everything the entire process turns out well.

 

wierobles

 

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