August 2022 - AOS Filers

[slavaskii 885]

5 minutes ago, EatBulaga said:

After seeing more posts, I think the April 7, "We have taken an action on your case" notice is for everyone who got the Atlanta Courtesy Email, regardless if they went to see the Civil Surgeon or not.

As of now, there is still no update since April 7, and our status shows "Our records show nothing is outstanding at this time".

 

But as mentioned before, we went ahead and completed the I-693 medical and I'll post our report soon at

https://www.visajourney.com/forums/topic/798091-request-for-form-i-693-courtesy-email/

 

Hey! I was actually just going to PM you on this - sorry this is coming through a second after your comment, lol. I followed up with my Atlanta friend, his wife actually hadn't done the medical yet if I'm understanding correctly. Theirs updated same as yours (active review w/ updated date), so it seems like it was automatic for everyone, as you suggested.

 

I lurked around older threads for a while, and apparently the courtesy form has somewhere on it that K-1s can disregard it. There was also another poster on here, forget his name offhand, who was pretty adamant it was just mass-emailed to all AOS adjusters and if something was truly needed you'd get the RFE. Apparently, the medical form changed mid-last year to account for the COVID vaccine? Perhaps those who had the outdated form got formal RFEs for it, but I digress. 

 

Now that you've gone ahead and submitted it, it will be interesting to compare approval times. We have a whole sample here of people at the same field office with same PDs, should be a pet science project, of sorts

 

Edit: and to clear up a mistake I said earlier, it looks like K-1s are exempt from doing medical in the US if they submitted the AOS w/in 1 year of having the overseas exam, not if the medical was done w/in 1 year of AOS approval. That's a consequential distinction, my mistake.

Edited April 16, 2023 by slavaskii

[EatBulaga 252]

20 minutes ago, slavaskii said:

Hey! I was actually just going to PM you on this - sorry this is coming through a second after your comment, lol. I followed up with my Atlanta friend, his wife actually hadn't done the medical yet if I'm understanding correctly. Theirs updated same as yours (active review w/ updated date), so it seems like it was automatic for everyone, as you suggested.

 

I lurked around older threads for a while, and apparently the courtesy form has somewhere on it that K-1s can disregard it. There was also another poster on here, forget his name offhand, who was pretty adamant it was just mass-emailed to all AOS adjusters and if something was truly needed you'd get the RFE. Apparently, the medical form changed mid-last year to account for the COVID vaccine? Perhaps those who had the outdated form got formal RFEs for it, but I digress. 

 

Now that you've gone ahead and submitted it, it will be interesting to compare approval times. We have a whole sample here of people at the same field office with same PDs, should be a pet science project, of sorts

 

Edit: and to clear up a mistake I said earlier, it looks like K-1s are exempt from doing medical in the US if they submitted the AOS w/in 1 year of having the overseas exam, not if the medical was done w/in 1 year of AOS approval. That's a consequential distinction, my mistake.

If you read our Civil Surgeon visit report, the doctor did say a particular vaccine dose was needed.

https://www.visajourney.com/forums/topic/798091-request-for-form-i-693-courtesy-email/?do=findComment&comment=10826873

But now that we went ahead and had the I-693 medical, we hope to avoid any RFE.

 

Those who are adamant about the K1's being exempt just because they submitted on time fail to understand that USCIS reserves the right to overrule the overseas doctor's DS-3025 with a US Civil Surgeon I-693.

The way that I think of it is that the DS-3025 as the medical ticket to enter the US, but the I-693 as the medical ticket to stay in the US. USCIS reserves the right to determine with a Civil Surgeon if the ticket entering the US is good enough to stay in the US.

 

Again I'll post our update soon.

[slavaskii 885]

12 minutes ago, EatBulaga said:

If you read our Civil Surgeon visit report, the doctor did say a particular vaccine dose was needed.

https://www.visajourney.com/forums/topic/798091-request-for-form-i-693-courtesy-email/?do=findComment&comment=10826873

But now that we went ahead and had the I-693 medical, we hope to avoid any RFE.

 

Those who are adamant about the K1's being exempt just because they submitted on time fail to understand that USCIS reserves the right to overrule the overseas doctor's DS-3025 with a US Civil Surgeon I-693.

The way that I think of it is that the DS-3025 as the medical ticket to enter the US, but the I-693 as the medical ticket to stay in the US. USCIS reserves the right to determine with a Civil Surgeon if the ticket entering the US is good enough to stay in the US.

 

Again I'll post our update soon.

Thank you for directing me to this! Did the physician overseas mark the DS-3025 as "voluntarily completed all requirements"? It seems like you probably did save the headache of the RFE, if a vaccine was absent. Though if everyone got the courtesy letter, it seems unlikely that everyone would've been missing something; if that was the case, USCIS and DOS need to communicate to the physicians what's going on so people aren't repeating medical in the US. Plus, that would also imply that everyone on IR-1 / CR-1 had their medicals wrongly approved...

 

I agree fully that USCIS has the right to overrule the DS-3025, but I also think this has to be done via the RFE and not the courtesy notice. The Policy Manual reads pretty clearly to me that the K applicant "[is] not required" (provided satisfaction of the two provisions) unless otherwise "required." The Manual doesn't say what indicates an I-693 being "required," but I presume it has to be a formal RFE as indicated in the USCIS portal. Again, I've never actually seen this courtesy notice (I'm simply interested in what others are going through), but if it does mention K-1s can disregard and the portal does not imply work has stopped on the case, I would think the I-693 has not been "required" of the applicant. It seems Atlanta might've just sent the notice to all AOS filers w/o an I-693 on file as a way to let people know of the 'general' requirement, but also of the exception(s).

 

Looking forward to the read of your update!

Edited April 16, 2023 by slavaskii

[EatBulaga 252]

20 hours ago, slavaskii said:

Thank you for directing me to this! Did the physician overseas mark the DS-3025 as "voluntarily completed all requirements"?

Yes, our DS-3025 was marked "K Visa applicant voluntarily completed vaccination requirements".

 

20 hours ago, slavaskii said:

Though if everyone got the courtesy letter, it seems unlikely that everyone would've been missing something; if that was the case, USCIS and DOS need to communicate to the physicians what's going on so people aren't repeating medical in the US.

Keep in mind that the overseas doctors are not USCIS employees.

They are contracted out to check if the K1 applicant has the medical to enter the US.

USCIS still reserves the right to make sure an applicant has the medical to stay in the US.

 

20 hours ago, slavaskii said:

Plus, that would also imply that everyone on IR-1 / CR-1 had their medicals wrongly approved...

Good point. I don't know the medical process for the IR-1/CR-1.

However, I do know debating with USCIS to scrutinize their medical process is wasted time and effort at best.

Another thread discusses the pros and cons of doing the I-693 with the AOS vs waiting for the RFE:

https://www.visajourney.com/forums/topic/799022-is-form-i-693-required-when-filing-for-aos/

 

Like most K1-to-AOS filers, we assumed we did not need the I-693 medical because of the I-693 instructions 3.C.1: "You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination; and"

https://www.visajourney.com/forums/topic/798091-request-for-form-i-693-courtesy-email/?do=findComment&comment=10822462

But there is still the instructions 3.C.2:  "...you must still show proof that you complied with the vaccination record".

Without going into lawyer mode, most assume 3.C.1 implies 3.C.2, but USCIS still reserves the right to enforce 3.C.2.

The Atlanta courtesy email was just a reminder that we did not have the I-693, and if you do get an RFE, you should not be surprised since they already sent a courtesy email saying you do not have an I-693.

If I had a K1 and a couple of K2s, I probably would wait for the RFE, since three I-693s could run about 2000.

In our case, I was prepared to shell out about 1000 if the Civil Surgeon found extra medical conditions, but fortunately our I-693 only costs 545.

 

20 hours ago, slavaskii said:

Again, I've never actually seen this courtesy notice (I'm simply interested in what others are going through), but if it does mention K-1s can disregard and the portal does not imply work has stopped on the case, I would think the I-693 has not been "required" of the applicant.

I posted the complete Courtesy Email at

https://www.visajourney.com/forums/topic/798091-request-for-form-i-693-courtesy-email/

 

20 hours ago, slavaskii said:

Looking forward to the read of your update!

I posted our latest report submitting the I-693 at

https://www.visajourney.com/forums/topic/798091-request-for-form-i-693-courtesy-email/?do=findComment&comment=10831413

IMHO, the path of least resistance is still to complete the I-693 for the AOS.

But everyone has to choose what is best for them.

 

[TheJs 34]

Received today an “action was taken on your case” email with no updates to our IOE # or USCIS account. I keep checking for good news but an Emma agent just said he can’t see that any decision has been made so I guess it’s a glitch. Dang. I really got my hopes up 😂 Filed Aug 17, Denver. 

[TheJs 34]

Ohhh update! 
Our AOS was approved just now, no interview! 😍

[EatBulaga 252]

Greetings all, July 2022 filer here.

I-485 was approved today with the "COA: CF1".

According to this site,

https://www.usimmigration.org/faq/what-are-the-green-card-category-codes

CF1 = valid marriage contract after entering as a fiance or fiancee of a U.S. citizen. Conditional.

 

A few things of note in our I-485 approval notice:

 

1. No mention of interview.

Assume the interview is waived?

We will wait and maybe call USCIS later next week to confirm no interview.

 

2. "Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear."

Since we already did one biometrics (2022-08), we may need another biometrics?

We shall wait and see.

 

3. The I-485 Approval notice was from National Benefits Center, Lee's Summit MO, and not from the Atlanta Field Office, even though we submitted the I-693 and the additional evidence of bona fides of marriage to the Atlanta FO. Our assigned receipt number starts with IOE*** after we sent in the AOS paperwork.

The approval process seems to be more distributed than linear?

So my hypothesis is that the AOS process may not be as sequential as before or like the K1 process where the case is forwarded from USCIS to NVC to consulate, and the case decision is made at the point in the linear process. AOS process may be more distributed like one office may collect the evidence or I-693, but another office may be doing the background check, and another office may determine the approval since the system is more centralized, which could explain why some cases get approved quickly and others not quickly?

I think this is what is meant by the IOE*** converted electronics filing, especially if interview is waived?

 

Our AOS was approved in 284 days, which is better than the 38.5 months estimate for the Atlanta Field Office.

But as conjectured, the field office processing model may be improving with the electronics filing conversion.

 

This is not about whether we were right to get the I-693, or we should have waited for the RFE.

https://www.visajourney.com/forums/topic/798091-request-for-form-i-693-courtesy-email

This is about sharing our experience so others can make the best decision for themselves.

I certainly benefited from reading everyone's inputs.

Your best preparation to do the immigration process is to research, ask the right questions, share your experiences, and repeat.

 

So off to prepare for the ROC I-751...

Edited April 23, 2023 by EatBulaga

[slavaskii 885]

Thank you so much for all the information, @EatBulaga! Your write-ups are consistently helpful and it's been a pleasure watching you on the GC journey. 

 

I'm only commenting on your hypothesis with how the I-485s are processed; if anything, I've seen some consistency with how FOs process, and it seems to be relatively more predictable than the I-129Fs (and most certainly the I-765s, which are now being approved at rates for January 2023 onwards which exponentially surpass anything before). For instance, the I-485 approvals I've heard from the DC field office are currently all from March or April, and at least for you in Atlanta, everyone that filed roughly the same time in July got that courtesy letter at the same time. I have not done so, but others on Reddit have actively asked the 'Ask Emma' agents for if / when their case was transferred to the FO, and it seems like they are always done so well before the approval. So even with the IOE case numbers, the local FO seems to be doing most (if not all) the lifting. 

 

One thing of interest from Reddit that may support your theory, however: there was a K-1 adjuster who had accidentally filed an I-130 along with their packet after marrying. During the GC interview, the officer reviewed all the material and, if I'm remembering correctly, implied they would've been approved far faster if they hadn't mistakenly sent the I-130 (I believe it took them a year). Given that a year was standard for the DC field office anyway, it suggests that, without the I-130, it may have been handled somewhere else. 

 

Here's hoping the wait is nearly over! Have to admit, it's disheartening seeing everyone else move on, certainly harkens back to the I-129F days.

Edited April 23, 2023 by slavaskii

[slavaskii 885]

Any August updates? Still radio silence on everything here. 

[EatBulaga 252]

40 minutes ago, slavaskii said:

Any August updates? Still radio silence on everything here. 

I think I saw some posts of good movements for April-June 2022 on Reddit.

Then the Title 42 expiration happened where 1000 agents were reassigned to handle the cases.

So that might be slowing down the progress?

[slavaskii 885]

1 hour ago, EatBulaga said:

I think I saw some posts of good movements for April-June 2022 on Reddit.

Then the Title 42 expiration happened where 1000 agents were reassigned to handle the cases.

So that might be slowing down the progress?

Yes, I've seen some movement for April / June, though unfortunately I've heard that certain field offices have gotten quite backed up so I'm not sure if the 11-13 months I was thinking for our particular FO is still accurate. On Reddit there were some posts of people getting EADs after day 300 or so and then the AOS approved shortly after, which seems to be the general trend.

 

In regard to Title 42, the officers being sent to the border are specifically for asylum; I don't believe they work on any other case, so the family / employment adjudications should proceed as before. After all, USCIS routinely sends asylum officers worldwide, which is an interesting factoid. And in any event, it seems like the influx was far less than what was anticipated, so I don't think AOS should be affected much / if at all.

 

Thanks for checking back in

Edited May 14, 2023 by slavaskii

[BreakTheDistance 4]

Hey everyone, 

 

We filled on August 22nd 2022.

 

My wife and I had our green card interview today, they approved us  the lady said we should get her green card by next week! No expedite.

 

It was a pretty chilled interview, asked to confirm names, birthdays, address. We brought some photos of the wedding, our joint tax form, joint bank account, drivers license with the same address on them and that was pretty much it.

 

Took roughly an hour from parking, security, waiting and then walking back to the car.

 

Received a 2 year green card which then we renew for 10 years but we plan to file for citizenship in 3 years

 

Wish you all the best 

[EatBulaga 252]

10 hours ago, BreakTheDistance said:

Hey everyone, 

 

We filled on August 22nd 2022.

 

My wife and I had our green card interview today, they approved us  the lady said we should get her green card by next week! No expedite.

 

It was a pretty chilled interview, asked to confirm names, birthdays, address. We brought some photos of the wedding, our joint tax form, joint bank account, drivers license with the same address on them and that was pretty much it.

 

Took roughly an hour from parking, security, waiting and then walking back to the car.

 

Received a 2 year green card which then we renew for 10 years but we plan to file for citizenship in 3 years

 

Wish you all the best 

Congratulations!

You can help others by filling out your Timeline, which updates the VJ stats pages 

[slavaskii 885]

Anyone here still waiting on GC? My wife got her EAD/AP combo card approved for a while now, but absolutely entirely silent on the GC. Used the Emma chat a few months ago (I know, not terribly reliable), and the rep said the case was at the FO. Complete radio silence since. We're pushing 13 months... I would've thought we would've gotten something by now, especially considering those who filed 2 weeks before us at the same FO already have GC in-hand.

[EatBulaga 252]

Hi @slavaskii, Congratulations on the EAD/AP combo card that you got back in June 2023. In our case, we got the GC about 3.5 months after the combo card. So if the pattern holds, you may be hearing something in September or October?

 

I know it's frustrating, but just be patient. Your time will come soon.