desmond&molly

I would suggest contacting your congressman's office. I contacted them and they were brilliant! My EaD was missing for awhile and USCIS "helpline" and infopass were useless. My congressman's office was able to get someone on the phone that could actually look at the information on my case (and not just read what was on a monitor). That helped out tons because we were able to figure out what the breakdown in communication was and get to fixing it instead of getting the run around. Good luck!

I understand your worries but you'll be ok. Just keep working to get the paperwork together as soon as possible. There's a very small chance you'll get detected for overstaying your visa unless you're out gangbanging, selling drugs or working at a sweatshop somewhere

Being serious. Don't drive or travel (specially anywhere close to both borders). You'll be fine for a couple of weeks.

Seems like you could go both ways. AOS seems like a risk so it's up to you to decide what you're more willing to lose. Money put forth for a wedding? A job? Being together with the person you want as your spouse?

I agree with poster that's said give yourself 1 week to investigate as much as possible. Speak with knowledgable people then sit down with your fiancee and decide.

I'd be careful with the loan. USCIS might want to know where the savings came from and you could end up at square one.

Having adjusted from an expired I-94 I can tell you that you can wait past Feb. 15.. Of course if you're able to do it before that's always the best possible option. The out of status won't prevent thr officer from approving the case. The repercussions are: she is susceptible to being put in deporation proceedings between the time the I-94 expires and the AOS is received (although this is a very slight chance). And if the amount of time out of status goes over 180 days she would be subject to 1 year ban - so she couldn't leave the US until the AOS is adjudicated (which is roughly taking 4 months).

Good luck!

Either options posted by aaron2020 involve getting married. 1)within 90 days of your hubby entering the US 2) before he can come to the US.

A 3rd option comes to mind but not sure how feasible it is so people please correct me if I'm wrong.

What if he gets a tourist visa and comes to the US with her? HOWEVER he doesn't work and makes sure he leaves when I-94 expires. And if they want they could get married in the US so long he doesn't apply for AOS (technically he could but since you guys have been together the AOS could be denied because there was intent to immigrate when coming as a visitor). If they were to get married in the US he, they could apply under CR-1 so long as he leaves the country when he's supposed to, right?

As for CR-1 while both living in a 3rd country...I would say yes but not too familiar with CR-1.

I can understand why you're concerned since the second date could make it sound like you entered the US with the interion to get married.

I had a slightly similar case. My lawyer put the first date on the paperwork. My passport had a stamp and I-94 saying I arrived at Chicago airport (I'm Mexican so I did have a visitor visa). The I-94 was valid for 3 months. About 2 weeks after arriving I went to Toronto for 1 week. When I entered Canada my passport was stamped with entry visa for Canada. The bus driver told me not to turn in I-94 since I was coming back and within the original time limit. When I re entered the US (3 weeks after arriving at Chicago) the US immigration officer listened to my explanation. Checked my passport, both Canadian & US stamp, visa and I-94. Gave it all back to me WITHOUT writing or stamping anything and waved to the next person in line.

So you see case is different from yours but I would suggest that you put the first date in paperwork. Submit the copies of your passport pages and if it comes up then you have a valid explanation. If writing the explanation on a separate page makes you feel more comfortable then go ahead.

Good luck!

Couldn't they marry and have US citizen petition and ask for a waiver for his EWI? Sounds like what happens to couples who are residing in the US but that can't AOS because of EWI. You just have advantage that you're together while the waiver is processed and if it's denied you've mentioned you don't mind living abroad. How long was he in the US and was he an adult when he entered? Because after serving his 3 or 10 year ban he should be able to be petitioned without needing to ask for waiver, or am I totally off?

Even if you have expired I-94 you can still adjust status because you initially came in legally, you're husband is Us citizen and you didn't enter the US with intention to immigrate.

I was in similar position and decided to use a legal representative from a local community org. Just for peace of mind. However we didn't really need it. It helped in some respects to guide you in what to expect but not much more than this website.

I would suggest you go through the guide on this website and fill out the forms. If you find you are much too confused or overwhelmed that may be a sign that you do need external help. At the end of the day you should decide what is right for you and your spouse but don't let the expired I-94 stop you. There's many of us on here with expired visas that have been approved . Good luck!!

I agree with vanessa&tony I think you still need a co-sponsor. But I'm not an IO what you could do is stick to your plan, send the evidence you have but start looking for a co-sponsor. So you don't waste even more time. Good luck! And please post your results as I'm sure others may be in a similar situation.

Muh and Me: sorry to hear that. . Try calling or doing infopass - for me they are equally useless. But at least you can have them open a service request and get a papertrail going on your case. I wouldn't just rely on that but would definitely contact your congressman. Good luck!! And let us know how it goes.

The I-130 is a petition saying I'm so and so and based on this relationship I want the beneficiary to be a lawful Us immigrant. The I-485 is the beneficiary saying this person petitioned for me and since I'm already in the country and I'm in this particular category and came in legally I want to change my status from "whatever the current status is" to legal permanent resident. The idea is that both are adjudicated or decided at the same time since they relate to each other.

Update: As estimated my GC arrived Friday 11/25. Thanks everyone for posting your cases and offering advice and support, you're what makes visajourney such a great space and priceless resource

Just another comment. Your wife should also fill out an I-864, even if her income isn't enough, because she is petitioning for you. We submitted an I-864 for my husband (didn't qualify) then his sister who is also a US citizen.

Thank you for putting my mind at ease, I appreciate it.

No problem. and good luck in the interview!

My wife, Ann, and stepson, Daine, had their adjustment of status (AOS) interviews on November 16th at the Washington DC Field Office in Fairfax, Virginia. Everything went very well and the adjudicating officer told us that she was recommending approval of the green cards and that we should receive them in two to four weeks. On the same day, our online status was updated by USCIS to indicate that the cards had been ordered into production. Interestingly, we also had another "update" on November 21st, but nothing appeared to have changed. Perhaps a "touch", or maybe an indication it has been mailed? We shall see ...

Take care and have a very happy Thanksgiving!!!!

Joe

Same here Joe and Ann. Basing it off the EAD this is how it happened. The day it was approved, a Tuesday, I got an update "Card Ordered Production' on Friday another 'Card ordered production' (that same date was on the letter that came with the EAD). Next business day - Monday- got a message 'Document mailed' (that was the date in the postmark on the envelope). So my theory is: 1st message means the case was approved and document ordered. 2nd message the card is made, attached to letter, addressed and probably put in an outgoing pile but they probably only send mail out once a day in the morning so 3rd message is when it's handed off to USPS on the next business day.

Of course with Thanksgiving I'm thinking maybe we'll get the GC on Friday or Saturday but could be Monday. Congrats on the approval!

I don't think they'll frown on it. Things happen. #2 is the right way to go. Have them make a new 864 with their new employer info, bring the paystubs, employer letter and most recent tax return or tax transcript. I wouldn't have the wife re do hers. When the officer talks about new information that you have to present or IO's talking about the sponsor mention to them - our sponsor actually changed jobs and started the new one X date. Here is an updated I-864 with this additional supporting evidence. And that's it.

Once again I'd like to thank everyone SOSO much for the fast replies, it really means alot to us to have a community like VJ around us My fiancee is currently on the phone and is ordering the transcripts free of charge.. This seems to be the best option as we dont have a fax machine. If someone could just clarify for us this is ok? And will the transcripts be acceptable scanned over to me? As there isnt going to be time for me to recieve them via mail.

Thankyou!!!!!!

Faster still, go to the local IRS office (find the address online) your fiancee will have to present valid ID and they will print out the transcript while you wait. They usually only work regular business hours so it might not be an option if your fiance can't take time off work - or if the office is too far but it took my husband all of 10 minutes. Good luck!

Hello,

So i'm trying to work on this Bona Fide subject for my future case. I'm Venezuelan. My wife is American, I live with my wife's parents they are helping us and supporting us for now till we get all this sorted out. Now the question is for the Bona Fide; one of the things needed is a Joint name on a lease/rental agreement.

Since we are both living in her parent's house meaning there is no joint rental agreement obviously in our names since her parents are supporting us. What can we do about that?

Thank you!

Hi, My husband and I are in the same situation. We had my mother in law and sister in law write an affidavit (almost like a letter stating we both live at their apartment and since when, plus we asked them to testify as to our legitimate marriage). Went to a notary. They showed their IDs, signed and dated the affidavit in front of the notary and she stamped it. Cost $1 to notarize each of them. Just make sure whomever does an affidavit is a US citizen or legal US resident. Since my mother in law was in and out, for fun we timed my sister in law. In 45.5 seconds it was notarized and ready to go lol

Buena suerte!!

you would have got a quizzical look - we didn't arrive until after 9 . we're a friendly race, either way.

congratulations on a successful interview! we had a similar experience, and I'll make sure I post as detailed a review. The IO said we'll get the GC in 2-3 weeks, but there was no I-551 in the passport. No change on the USCIS status either...

:rofl: that would have been hilarious!!! A friendly race? Me and the mister will have to visit Australia to find out for ourselves by the way, glad to hear you got a yes from the IO.

Well around 5pm and after an embarrassing amount of refreshes our case was finally updated. Add one more to the July filers, approved and card ordered production!!

As always good luck to those still waiting or with an interview coming up

Interview went really well this morning (let's hope the result is positive also). No on the spot approval though I didn't expect it but it would have been nice. @tom_in_chi I thought I heard an australian accent from a couple right before us this morning, thinking it might have been you guys but didn't want to come up to you and sound all creepy

I've written a review before we forget the details of the interview. Click here.

Overall super relaxed environment once we were in the office. Just remember to turn off your cell phone!!

Now back to refreshing the check case status on USCIS

Hey........is anyone of you July filers from NY, whose case was transferred to NYC field office and what interview location. Cause I feel that New Yorkers are experiencing a delay in the processing.

I'm not from New York but the only other July filer from Chicago was scheduled for an interview the same day as us while people from other parts of the country seemed to have them in October. So I would probably agree that New York is just delayed. I remember looking through the April and May filers and seeing that the New York people usually waited a few weeks longer.

For my lost EAD I contacted Senator's office - they didn't do anything so then went to congressman - the aide was wonderful and contacted USCIS on the spot - yes we mailed it on this date and to old address this is the tracking number. Another aide that deals with USPS then tried contacting them about my card which showed up as being at the post office but since it was sent to old address sent my case to the Congressman from that district. I went to the post office on 3 occasions and called 2 times. All that time my EAD was there but no one could find it and even though it had a tracking number all they would say is "it must have been returned".

USCIS obviously said we haven't received anything. So after contacting all those people it took 35 days for it to be returned. Since I had the tracking number I saw the day it was received by USCIS, went to Infopass is like talking in person to someone from the call center. "Your case shows that it was approved on blah blah and that it was mailed blah blah..." I'm showing him the tracking number and the print out saying it was returned and all he would reply, "until it shows up in the system there's nothing I can do." And they couldn't or wouldn't verify that my address was the correct one.

Ahhh so frustrating because USCIS will not talk to you directly. I can't call up National Benefits Center and talk to someone there. So they MAKE you communicate through the call center or infopass, but those people don't have any authority to look at your records (I mean the cell phone company knows everything about you the moment you give them an account number) and they don't have any real authority to get anything done. Just send a service request which I feel just gets lost in a bin somewhere. I understand the getting phone calls about basic things but if there's an issue such as this isn't that what a customer service person is supposed to try and help you with? And finally if USCIS gave me the option to pay an additional fee for sending things through a courier service I would sign up in a heartbeat. ok I'll calm down now...

Congratulations! And that was very descriptive interview experience, I could almost see your officer and your excitment when he said you're approved

Ugh I'm in a hating the postal service too. My EAD was missing for the whole month and as you mention, the hotline is only a person reading you what you can do yourself on the uscis website. Today I tried Infopass and it's the same situation. A guy sitting reading me off the computer what is on uscis webpage. Good thing is now they send EAD priority mail so there's a tracking number but I was only able to get that number because my congressman's aide called up someone she knows at USCIS. Why can't they give the applicant that info on the "helpline"?? Ok my rant is over... for today anyway

In my case I also have a fellowship offer but if I don't have EAD by Nov. 1st I lose the spot

hello fellow July filers,

Just wanted to post an update....my permanent resident card came in the mail today!

Good luck to all! I look forward to seeing all of your approvals and received cards!

AWESOME!!!! CONGRATS!

ok so now its completely and totally official la2011, felicidades!!! :dance: