March 2019 AOS Filers -- Part 2

[NewCitizen23 313]

On 10/31/2020 at 10:05 AM, rye_212 said:

That seems very long.  Seems like you got your original AP/EAD card before me, but then nothing on the interview.  In the Dallas field office, our original interview request was for December 2019, 2 months after the first AP card.  

 

I don't have any suggestions - as nothing worked for me - seems like they did it at their own pace as they felt like. I suppose Covid did delay their staff.    At least if it goes to 2 years after your marriage then you will hopefully get the 10 year green card, not the 2-year card.  

OMG I haven't been on VJ for a long time and I'm shocked about how many of you are still struggling! I'm so sorry for your case too! 

[Bluewaters 288]

7 minutes ago, Gigi2017 said:

OMG are you gonna have your interview just now? I'm sorry for this long wait!! If I remember correctly you submitted your AOS package way before 2019 March... 

You definitely gonna get the 10 year card, don't worry!

Our questions mostly was about the I-485 questions, some about our relationship (how and where we met, each other's birthday etc), but our officer was more interested of the shared stuff like car finance, car insurance, shared phone bill, utility bills, credit cards etc... He didn't care much for the photos, he said it can be photoshopped, so he didn't care the photos. 

Good luck on your interview and please keep us posted!

Thank you @Gigi2017

Yes i submitted my package December 31,2018. They have now scheduled me for an interview. 

I honestly gave up, because every time we send in an inquiry, they say backlog. 

But lucky for me on November 2,2020 my case change to ready to be scheduled for an interview. 

Then on November 9 it changed to interview has been scheduled. 

 

Edited November 11, 2020 by Bluewaters

[NewCitizen23 313]

2 hours ago, Bluewaters said:

Thank you @Gigi2017

Yes i submitted my package December 31,2018. They have now scheduled me for an interview. 

I honestly gavw up, because every time we send in an inquiry, they say backlog. 

 

What a ########... Don't worry! Everything will go smoothly!

Edited November 12, 2020 by Ryan H
Reason for edit: to remove profanity

[Bluewaters 288]

2 hours ago, Gigi2017 said:

What a ########... Don't worry! Everything will go smoothly!

Thank you. 

Edited November 12, 2020 by millefleur
to remove profanity (in quoted content)

[millefleur 5,037]

**Friendly reminder that it is a against the TOS to use profanity of any kind**

 

VJ Moderation

[rye_212 126]

and, of course, just one week before the interview, their other office issued the renewal AP/EAD temp card, that we applied for on 2nd July. 

[rye_212 126]

22 hours ago, Bluewaters said:

Thank you @Gigi2017

Yes i submitted my package December 31,2018. They have now scheduled me for an interview. 

I honestly gave up, because every time we send in an inquiry, they say backlog. 

But lucky for me on November 2,2020 my case change to ready to be scheduled for an interview. 

Then on November 9 it changed to interview has been scheduled. 

 

Our interview is on Nov 17.  I will let you know what they asked us.  

 

[HRQX 4,145]

2 hours ago, rye_212 said:

their other office issued the renewal AP/EAD temp card, that we applied for on 2nd July. 

I also filed an AP/EAD renewal on 2nd July. While they approved the I-765 in early September, they didn't issue a decision on I-131 until mid-October. I was surprised on their reasoning for I-131 denial:

Quote

After a thorough review of your application and supporting documents, we have denied your Form I-131, Application for Travel Document, that you submitted on July 2, 2020. You applied under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). We have denied your application for the reasons noted below.
 

Generally, we exercise discretion to issue advance parole under INA 212(d)(5)(A) to applicants who:

• Have a pending Form I-485, Application to Register Permanent Residence or Adjust Status;
• Filed their Form I-131 with or after filing Form I-485;
• Are present in the United States after being inspected and admitted or paroled; and
• Are not in immigration proceedings or under an order of deportation, removal, or exclusion.

Statement of Facts and Analysis, Including Reason(s) for Denial

To be considered for an advance parole document (APD), you must establish that you are applying for lawful permanent resident (LPR) status and that you are eligible for this status under section 245 (a) or (i) of the INA.
 

We do not have sufficient evidence that an immigration officer admitted you in any particular status or paroled you into the United States. Because you have not established that you were admitted or paroled when you last entered the United States, USCIS will not issue you an APD.
 

Therefore, we have denied your Form I-131. This decision has no effect on future applications you may file with USCIS.

On Oct. 25, I submitted an Ombudsman request for assistance on that recent I-131 denial. I selected "I have received action or decision that involves clear errors of fact or misapplication of law by USCIS." For Description I put:

Quote

To Whom It May Concern:
On October 13, 2020 USCIS denied my I-131 application (IOEXXXXXXXXXX) based on a gross obvious misapplication of the relevant case law, because USCIS completely ignored the Ninth Circuit’s decision in Ramirez v. Brown and I reside in the Ninth Circuit. In the past, USCIS has approved my I-131 applications (MSCXXXXXXXXXX, MSCXXXXXXXXXX) and the facts of my case have continued to remain the same. Refer to the subsection of 7 USCIS Policy ManualB.2(A)(5) titled “Temporary Protected Status is Considered an Admission for INA 245(a) Adjustment Purposes in the Sixth and Ninth Circuits Only” (https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2). Also refer to 84 FR 59403 because I still have current TPS status (https://www.federalregister.gov/documents/2019/11/04/2019-24047/continuation-of-documentation-for-beneficiaries-of-temporary-protected-status-designations-for-el). I have uploaded the recent Advance Parole (IOEXXXXXXXXXX) Denial Notice, the past Advance Parole (MSCXXXXXXXXXX) Approval Notice, the TPS (IOEXXXXXXXXXX) Approval Notice, and the Ninth Circuit’s decision in Ramirez v. Brown.

The assistance request got a very quick turnaround. On Nov. 2, USCIS sent out a notice that they would reconsider the I-131 case. On Nov. 3, the I-131 was approved. And on Nov. 4, the standalone AP (I-512L) was produced. I received it in the mail on Nov. 9.

Edited November 12, 2020 by HRQX

[rye_212 126]

Wow,  thats yet another "glitch" that i hadn't heard of before.  And makes no sense - if they had given the first card, why not renew it.  But  your informed legal response had the desired effect, and quickly.

 

A number of people have reported faster processing this year, perhaps a reduction in new applications due to covid itself and due to the various restrictions in applications enacted by the White House in response to covid?

 

Anyhow, glad it got resolved.

[Bluewaters 288]

5 hours ago, rye_212 said:

Our interview is on Nov 17.  I will let you know what they asked us.  

 

Thank you. I would appreciate the update. 

[Bluewaters 288]

Just received my interview date and I'm scheduled on December 1,2020 after waiting since December 31, 2018.

 

Wish me luck.

[Nicola and Jordan 668]

16 hours ago, Bluewaters said:

Just received my interview date and I'm scheduled on December 1,2020 after waiting since December 31, 2018.

 

Wish me luck.

That's great news! Good luck but you will be fine!! So happy for you

[Bluewaters 288]

1 hour ago, Nicola and Jordan said:

That's great news! Good luck but you will be fine!! So happy for you

Thank you

[rye_212 126]

On 11/16/2020 at 9:42 PM, Bluewaters said:

Just received my interview date and I'm scheduled on December 1,2020 after waiting since December 31, 2018.

 

Wish me luck.

Well great news, good luck.  

 

We had the interview this morning.   Mostly fine expect that USCIS launched yet one more hurdle for us before approval.  

 

After security clearance, the initial desk fingerprinted us and then we went with, say 40 others to a holding area.   It was the initial morning group and lots of people were called in to the interview rooms at the same time.    The guy initially asked if we had brought anything for him to see, so i provided joint data on car insurance, car loans, gym membership, costco, a joint bank account. He took each one and annotated them and added them to the file.  The only one he commented on was the bank account info. I had printed off the intro page only, and didn't have transactions.  He said he would consider at the end if he would need to get a page with transactions, but he never mentioned it again. He had other fish to fry.   We also gave an envelope of newer photos and some shared facebook posts which he glanced at and filed.    The original application was in March 2019 so had 2018 petitioner tax returns.  We gave him the petitioner 2019 tax returns.  He did query why it wasn't a joint return and we explained that i had no income and that we hadn't told the accountant for my patern.  He was satisfied with that.   

 

He asked to confirm some basic details from the application, and the only thing he asked me about the petitioner was if I knew the date of birth.   He then asked me reams of yes/no questions from the application about various criminal, gun, drugs questions etc.  Only one I had to give details was on my previous visa rejections. 

 

At the end he asked us where we met, and who proposed.  He wrote the anwers in one of his sheets with a red pen, and it seemed to me that if we said we met on the moon he would just have written it down. 

 

Then to THE ISSUE.  He asked me if I had my medical records.  I said no becuase when we submitted the 485 applic in March 2019, it was clear that the medical records I had submitted in the prior K1 application would apply and did not need to be renewed.  That fact has  been discussed on this forum many times, is mentioned in some USCIS faq page and was agreed by our lawyer.  But he said no, I would need a new medical because those original medicals were on a State Dept form and he needed ones on a USCIS form.  I asked if it was the case that the originals had just expired and he said no.  I didn't want to argue so gave up.  I didn't ask if he HAD the originals in the file,  But on reflection, I don't think he did.  I think they were lost during the various issues with my casefile (documented in older posts).   So, Ive made an appointment for tomorrow, $375 and vaccinations AGAIN. He said they would be processed within 15 days when received and then the greencard would be issued.   But based on my experience of USCIS and my issues over the past 2 years, I don't believe any of their time commitments.  

 

If the medicals REALLY had been required to be renewed as part of the March 2019 application, how come it wasn't done when the application was originally reviewed in June 2019 and they issued an RFE for the correct-form birth cert.   Or when I was intially called for interview in Nov 2019.   Instead of leaving it until everything else was done and THEN asking for them.    It makes little sense, but then its USCIS we are talking about here, not everything has to make sense.  I dont know of anyone else on here who was asked for those at interview.  

 

Anyhow, any reader of this shouldn't draw any conclusions from my case, or get worried.   Stick to your own information.   

[rye_212 126]

And then to p**s on us just one more time, the renewal AP/EAD card WAS delivered last week, but to the OLD address.   We moved in July, AFTER i'd applied for renewal.  So I submitted AR11 on 26th July to have them update the address.   I got an email on 3rd Aug to say it was updated.   But during August the call center had the old address, and the my USCIS account has NEVER been updated.  When i pressed a tier 2 call center person about this in late August, she got very snippy with me and told me that all correspondence would come to the new address.     The interview invite did come to the new one.