godiego

Finally received the card production email yay!!!!

Finally received the card production email yay!!!!

Approval Decision emailed yesterday yay!! How long has it taken for you guys to receive the card on the mail?

It depends. "Approvable when filed" means exactly that. They would have to determine if a satisfactory response to the RFE could have resulted in the petition being approved. If so, then the petition was approvable when it was filed. If not, then the petition was not approvable, and would not be eligible for 245(i). For what it's worth, they don't usually issue RFE's for petitions that don't otherwise appear to be approvable. They simply deny them.

A priority date of April 30, 2001? Wow! You got in just under the wire!

Thank you Jim! Yes we find it pretty incredible that's the priority date printed on the NOA. I suppose there is not much we can do at this point, if they decide to dig into her grandfathering we will take it from there. Thanks you for your response!

Hello all,

First of all I wanted to express my gratitude for this community's support of families going through the AOS process. I'm aware that my case is not typical and that not many in the forum have used 245i to adjust but I'm hoping someone out there has the knowledge to help me out.

My wife EWI as a child and is grandfathered as a derivative beneficiary under her mother's I-130. Her mother's I-130 was filed by her uncle (mother's brother)and we have a Form I-797 stating the application's priority date is April 30th, 2001. My wife's sister successfully adjusted trough marriage using her 245i benefits, so we have been feeling confident going through our own process. So far things have been smooth and we are scheduled for our interview soon but I have one last concern.

Recently I found out the her mother's original I-130 petition was denied due to lack of response to an RFE. It seems there was a misspelling of her mother's name and they requested further evidence of the sibling relationship. I do not know why the RFE was not replied to, everything was being handled by a lawyer and at that time my wife was unaware these documents would be crucial for her own AOS years later. We do not have the decision letter or a copy of the original I-130. We were able to track the lawyer who filed the forms but he is apparently out of the country right and won't be back before our interview. We are bringing with us her mother's and uncle's birth certificates and their respective translations to show the sibling relationship is legit, however we do not know if we are proving the application was "approvable when filed". This is what we found on the USCIS website regarding this issue:

"If the Petition Or Labor Certification Is Withdrawn, Denied Or Revoked. If you withdraw the petition or have been denied or revoked after approval by the former Immigration or Naturalization Service (INS) or by USCIS, you may still be grandfathered, depending on the reasons for the withdrawal, denial or revocation. It depends on whether a visa petition or labor certification was "approvable when filed." To remain eligible, the changed circumstances must relate to factors beyond your control rather than the merits of the petition at the time of filing."

Sorry for the long post, what I want to know is what I can do if at the interview I'm asked to prove that my wife is in fact grandfathered. Thank you for taking the time to read this post and good luck to all on your visa journeys.

Hello all,

So people get multiple email/text notification for the EAD production stage?

Hi all,

I submitted our initial AOS package late September. I received an email notification with the date for our interview appointment for mid December. Is it possible to receive an RFE at this point? Can I celebrate having submitted everything correctly now? My wife did her biometrics last week and our case seems to be moving smoothly so far. Is there anyone that received and RFE after having done biometrics and receiving the interview notice? I know it is pointless to worry but I'm just curious.

Successful Biometrics walk-in in Boston, MA this morning!

Hello all,

I received my email notifications last night. They received my packet on 9/26 and the email notification was 10/5. I checked my bank online and they cashed the check for the I-130, I-485 and and the Biometrics fee, but not for the I-765. Is this normal? Has anyone gotten checks cashed at different times vs. all at once? Thank you and good luck to all!

September filer here too yay! FEDEX received my package yesterday. Good luck to all!

Name changes are not a big deal to the USCIS... You are not the first...

Just apply for AOS in the name you want on the card ...

When we got married my wife changed the spelling of her first name, adopted a middle name and changed to my last name. Filled out the I-485 with the new updated names, former names are documented in the appropriate section. No problems

Thank you for your insight. Do you think we will encounter a problem if the marriage certificate is missing her second last name?

Try this: http://www.mass.gov/?pageID=eohhs2terminal&L=4&L0=Home&L1=Consumer&L2=Basic+Needs&L3=Vital+Records&sid=Eeohhs2&b=terminalcontent&f=dph_vital_records_c_amend_corrections&csid=Eeohhs2 it appears you CAN make a change to a "vital record" and I would say the marriage cert is a vital record but you should call them and ask. Make sure you fix it before filing AOS.

When it comes time to file AOS that's when you can remove one of the last names and change her middle if you like, but it needs to be correct first.

Thank you so much for your assistance. I will look into this tomorrow. So let's say I can amend the record and I obtain a new one with her legal name. Do you advise that we fill out the paperwork with the name she would like to keep or that we do it with her birth name? Is there an opportunity to ask for a name change before the work permit green card is issued?

It COULD be. Basically you have to look at it like this. Your name is John Smith-Jones. You couldn't have the name on the Will as "John Smith" because that's not your name. One of my exes had 7 names (some rich family thing). I asked him about it once. He said on non-official stuff he went by just two of the names, but on legal documents he had to write it all (and having so many meant adding supplemental pages sometimes).

The form had space for First, Middle and Last so you should have written (per your example) Smith Jones in the last name box, Mary as first, and Jane as middle. But again, depends on her passport and birth cert. What do they say? Is it split up with Smith Jones as her last names?

What state are you from?

We are from Massachusetts. You are correct what we should have done is put Smith Jones (separated) as it appears on her passport and birth certificate...I guess the jitters of going through this didn't let us think clearly. Now we'd like to fix it :/

Did you advise them her full legal name didn't fit? Because to ME yuor marriage license isn't legal if it doesn't have her ACTUAL name on it, and missing a name means it's not her actual name.

USCIS apparently has no issue with a random middle name change so you should be able to just change her middle name BUT if depends on what her legal name is. As you said she has two legal last names there shouldn't be a problem... the only problem is the wrong name on the licence/certificate

I see. Well I'm afraid the marriage license is not legal then. Any idea how to go about fixing this? I called City Hall and they said there was absolutely no way to change the name on the license/certificate. The application had space for First, Middle, Last like most documents here in the US. It didn't occur to us that not including her second last name would invalidate the certificate! Gosh so it is worse than I thought uh?

Hello all,

First time here and I was hoping somebody could guide me through a question. I got married recently and my wife and I are getting ready to file the AOS package. We have a question about changing her name. In her birth certificate she has a first, middle and two last names. Mary Jane Smith Jones. In the marriage license there was only space for Mary Jane Smith. Therefore this is the name that's on the marriage certificate. There is a field that states she's taking my last name Miller after marriage. What is assumed is that she is switching to Mary Jane Miller but my wife wants to keep her last name as her middle name: Mary Smith Miller. She is out of status and therefore can't make any changes at the SS office. We know that it is fine that she uses my last name on all the AOS forms since the marriage certificate is a proof of her name change. What we don't know if it's OK to change her former last name to middle name without having any other official document stating that's her name. Any help with this dilemma would be greatly appreciated!