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Filed: IR-1/CR-1 Visa Country: China
Timeline

My wife is visiting during the I-130 process.  Flight home was cancelled in February due to coronavirus.  Applied for B2 extension, now fingerprint offices are closed.  Obviously this will not be finished before her 6 months expires in May.  Does she have legal status while the I-539 extension request is pending?  Thanks 

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"What I am to be, I am now becoming" - Ben Franklin         

 

      :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: AOS (apr) Country: Philippines
Timeline

She is not accruing unlawful presence while it's pending, and she is not subject to removal until a decision is made.

 

Is there any particular reason you don't want to just do AOS now since you're already in the US? We don't know when the situation will pass.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Agree.  Adjustment of Status seems like a logical and practical consideration......It might be quite some time before restrictions for travel to China are lifted.


"What I am to be, I am now becoming" - Ben Franklin         

 

      :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Her I-130 was approved recently. We will probably file AOS here.  I have often wondered which would be quicker, allowing the process to play out and interview in China, or AOS here in the USA.  It looks very dismal for having a normal process in China.

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Filed: AOS (apr) Country: Philippines
Timeline

Depending on local USCIS field office and what happens with the virus and the new EO and such, it's impossible to know which is faster.

But since you're likely going to be in the US for at least the next few months, there is little reason to complete processing abroad if you are able to do so in the country now. By the time you can travel, you may have AP and EAD already...while not a green card, you can at least work and travel as needed then.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)
2 hours ago, Jeff and Mei said:

My wife is visiting during the I-130 process.  Flight home was cancelled in February due to coronavirus.  Applied for B2 extension, now fingerprint offices are closed.  Obviously this will not be finished before her 6 months expires in May.  Does she have legal status while the I-539 extension request is pending?  Thanks 

No, she is out of status when her i94 expires, but she is not accruing unlawful presence with a pending i539. Be aware that if her extension ends up being refused, her B will be canceled immediately. ( Probably not a huge concern with a pending immigrant visa.)

For more details on this see page 3 of this official document (I personally do not like referring people to free legal advice sites, I’ve seen wrong information on those before) https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

Agree with the others that AOS probably makes more sense. I’d suggest if you want to go this route you file ASAP because who knows what the presidential proclamation is going to say.

Edited by SusieQQQ

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2 hours ago, geowrian said:

She is not accruing unlawful presence while it's pending, and she is not subject to removal until a decision is made.

 

 

Technically not true, see uscis link in my post above, though usually not enforced - they say “Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.”

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Filed: Lift. Cond. (pnd) Country: China
Timeline
3 hours ago, SusieQQQ said:

No, she is out of status when her i94 expires, but she is not accruing unlawful presence with a pending i539. Be aware that if her extension ends up being refused, her B will be canceled immediately. ( Probably not a huge concern with a pending immigrant visa.)

For more details on this see page 3 of this official document (I personally do not like referring people to free legal advice sites, I’ve seen wrong information on those before) https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

Agree with the others that AOS probably makes more sense. I’d suggest if you want to go this route you file ASAP because who knows what the presidential proclamation is going to say.

Under one condition: she does not leave the US prior to the day when the USCIS' decision is made. 


I-129F sent: 2016-01-09

NOA1: 2016-01-15

NOA2: 2016-03-04

Received by NVC: 2016-03-31

Case # assigned: 2016-04-01

Case sent to consulate: 2016-04-05

Case ready: 2016-04-06

AOS Packet sent: 2016-10-08

AOS Packet received: 2016-10-11

AOS NOA1 x 3 (Text messages): 2016-10-14

AOS NOA1 x 3 (Hardcopy mail): 2016-10-17

Biometrics Letter: 2016-10-28

Biometrics Walk-in: 2016-10-28

I-131 and I-765 approved: 2017-01-04 (Day 85)

I-485 approved: 2017-01-19 (Day 100)

EAD/AP Combo card received: 2017-01-20

Green Card received: 2017-01-25

ROC I-751 Packet sent: 2018-10-26

ROC I-751 Packet received: 2018-10-29

ROC I-751 NOA1 (Text message): 2018-11-02

ROC I-751 NOA1 (Hardcopy Extension Letter): 2018-12-10

ROC I-751 Biometrics: 2019-07-02

 

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2 hours ago, pcke2000 said:

Under one condition: she does not leave the US prior to the day when the USCIS' decision is made. 

I’m not clear, what do you say is subject to this condition? (If she leaves before the decision then the application is abandoned and there will not be a decision. Best to ensure this no decision outcome by withdrawing the application on exit of course.)

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Filed: Lift. Cond. (pnd) Country: China
Timeline
1 hour ago, SusieQQQ said:

I’m not clear, what do you say is subject to this condition? (If she leaves before the decision then the application is abandoned and there will not be a decision. Best to ensure this no decision outcome by withdrawing the application on exit of course.)

I was talking about:

'If the alien leaves the U.S. after the Form I-94 date while the application is pending, section 222(g) will not apply, irrespective of whether the application is later approved or denied. However, if the application is found to be frivolous, section 222(g) will apply.'


I-129F sent: 2016-01-09

NOA1: 2016-01-15

NOA2: 2016-03-04

Received by NVC: 2016-03-31

Case # assigned: 2016-04-01

Case sent to consulate: 2016-04-05

Case ready: 2016-04-06

AOS Packet sent: 2016-10-08

AOS Packet received: 2016-10-11

AOS NOA1 x 3 (Text messages): 2016-10-14

AOS NOA1 x 3 (Hardcopy mail): 2016-10-17

Biometrics Letter: 2016-10-28

Biometrics Walk-in: 2016-10-28

I-131 and I-765 approved: 2017-01-04 (Day 85)

I-485 approved: 2017-01-19 (Day 100)

EAD/AP Combo card received: 2017-01-20

Green Card received: 2017-01-25

ROC I-751 Packet sent: 2018-10-26

ROC I-751 Packet received: 2018-10-29

ROC I-751 NOA1 (Text message): 2018-11-02

ROC I-751 NOA1 (Hardcopy Extension Letter): 2018-12-10

ROC I-751 Biometrics: 2019-07-02

 

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Filed: Citizen (pnd) Country: Russia
Timeline

**Moved from Tourist Visas to AOS from Work, Student, & Tourist Visas**


03639.png     

 🇷🇺  CR-1 via DCF in Moscow* (Dec 2016-Jun 2017) 🇺🇸 Info about my DCF experience here and here

Spoiler

26-Jul-2016: Married abroad in Russia (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (Apr 2019-Oct 2019) 📝 Filed via mail, processed by MSC & passed interview

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Mar 2020-????) 🛂 Online filers note: Use INTERNET EXPLORER! Other browsers may not work!

Spoiler

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Application transferred to another USCIS field office for review*

??-???-????: TBA... 

 

*NOTE: Moved to another state in May.

 

 

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Filed: AOS (pnd) Country: Brazil
Timeline
On 4/21/2020 at 2:43 PM, SusieQQQ said:

No, she is out of status when her i94 expires, but she is not accruing unlawful presence with a pending i539. Be aware that if her extension ends up being refused, her B will be canceled immediately. ( Probably not a huge concern with a pending immigrant visa.)

For more details on this see page 3 of this official document (I personally do not like referring people to free legal advice sites, I’ve seen wrong information on those before) https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

Agree with the others that AOS probably makes more sense. I’d suggest if you want to go this route you file ASAP because who knows what the presidential proclamation is going to say.

Do all I-539 refused extensions end up being terminated VISA's? Wondering if COVID travel issues will grant any leniency. Thanks    

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Posted (edited)
29 minutes ago, OpenRate001 said:

Do all I-539 refused extensions end up being terminated VISA's? Wondering if COVID travel issues will grant any leniency. Thanks    

If it’s refused it means they didn’t find the reasons to be valid. If you think covid is a valid reason then you shouldn’t expect a denial.

 

from the information sheet https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

If your application is denied, you may be required to cease employment [add: obviously only if relevant to the visa] and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

 

Edited by SusieQQQ

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