Kay&Jon

Hello all! New to this thread and haven't been on Visa Journey for a couple of years now. General "what would you do" question. I'm a US citizen, my husband is the applicant.

We received an I-751 RFE for various issues but one was requesting proof of joint residence and financial assets. My husband and I rented an apartment from 2012-2013 but last year we closed on a house together.

The mortgage was in my name only but we both signed off on the deed of trust (following state homestead laws). Unfortunately, the people that drafted up the deed of trust have my name as "Jane Doe, a single woman" on the first page.

This was obviously a typo, but the document was already recorded in the county long ago. I'm wondering if I should even include it, so as to not confuse the USCIS agents. There is no question that we are married otherwise, I just want to tread carefully with our friends at the USCIS.

Any thoughts would be much appreciated!

It is illegal to discriminate against someone who is the holder of an EAD when it comes to employment.

If they have presented an EAD as proof that they are able to legally work in the United States then that is it, they must be given equal consideration as any other applicant who is also able to legally work.

The only exception is that some jobs, particularly those in the federal government, require you to be a US citizen (naturalised or by birth makes no difference, unless you want to be President).

http://www.justice.gov/crt/about/osc/htm/Webtypes2005.php

http://www.justice.gov/crt/about/osc/

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=29da7f5c13f2e210VgnVCM100000082ca60aRCRD&vgnextchannel=29da7f5c13f2e210VgnVCM100000082ca60aRCRD

Technically yes, but people will still be people when it comes to what's going on in their minds when they look at a resume. Path of least resistance. That was my point. Just an observation.

Jon is also potentially taking a job from an American so I could very well argue that he should never have gotten a green card in the first place and that spouses should not get preference and should wait in line for ten years until a visa becomes available (that way they’d be less likely to, you know, take a job away from a hard-working American citizen). And what kind of person is afraid of competition? Nobody wants to pay a worker who performs mediocrely so if someone else can do the job better, fantastic! I’d hire the better worker. That’s what America is all about!

I'm sorry where exactly did I say we were afraid of competition or even mention the word competition??? You failed entirely to understand my point. My concern lies with that fact that human resource departments and companies in general are usually not that enthusiastic about an applicant that is potentially an illegal immigrant. For tax reasons, possible PR issues, legal issues, etc. a company doesn't want the hassle of having to worry about immigration status. Simple human nature. Therefore, I was upset that an EAD no longer necessarily means you have legal status in the country because people may make assumptions about the applicant and not even look at their resume if they see they have an EAD. I absolutely believe in hiring the best and the brightest and have never been afraid of competition. Jon will earn the job that he does because of his education and skill set, which may beat out other American applicants.

So I'm wrong about the biometrics. Sorry!

It breaks my heart that it's taken so long for you and that you've been through so much. And still waiting. I can only wish you the best of luck and hope for you that things start moving really fast for you.

I hope you don't let the "illegals" get to you too much. If it makes you feel better, all they can apply for is EAD which will expire in 2 years. They're not even getting status, let alone ANY way to adjust to legal status, even down the line. It's really not any package at all, you are already better off than they will ever be.

Hope that makes you feel better at all :/

Anne I feel your pain. It's funny, even though Jon has his green card now I was about to write my own rant yesterday when I heard about the tens of thousands of illegal immigrants lining up for EAD applications. Really got my blood boiling. What's frustrating is that now that EADs are given to legal and illegal immigrants I think it will hurt those that are here legally looking for a job. Considering employers already get a little suspicious when they see a job applicant is from another country, now even if they have an EAD they may wonder if you are here illegally. It makes me wonder if we should just put "I HAVE A GREEN CARD" in bold red letters on the top of his resume

Ibee you're right though even if they have the EAD they can't apply for legal status so it makes you wonder what the point of the program is since there's really no long term solution. Oh right, campaign season!

Ugh. Looks like the Los Angeles office is way over it's head...

Yep the IO in our interview explained we were lucky to live in Colorado that the "K1 AOS process is fairly quick here, not like, Los Angeles, for example". So it looks like they're in over their head on a pretty consistent basis.

When the USCIS sends you the "Welcome to the U.S." letter, does it also contain your green card? Just received this notice...."we mailed you a notice that we had registered this customer's new permanent resident status" or should we be expecting something else for the actual card?

Approved on the spot! Full experience to be posted later but the IO said the fact that I'd been to Chile 10 times over the last few years was proof enough of our relationship!

Sorry to hear that Hypnos. On the bright side you can work now so I guess that EAD comes in handy at least for a while!

My lawyer has an email in to the I-360 unit at the Vermont Service Centre asking whether or not they do the processing of widow/er I-360 petitions. Hopefully I will know more in a couple of days.

Unfortunately, per the latest VSC processing times it is currently taking just over a year to process I-360s, although my lawyer has told me that non-VAWA I-360s are shorter than this.

If the VSC does have to adjudicate my I-360 then I am considering asking for an expedite based on a USCIS error (this is one of the expedite criteria) since the worst they could do is say no.

Finally! EAD/AP approved on July 4th. It really makes you wonder about their electronic system as I'm certain nobody was in the office on a federal holiday, oh well.

Nothing on my EAD, although at this point I would barely receive it before my interview.

Hypnos, we're in the same boat. What's the point of even issuing an EAD if it gets replaced by your green card in two weeks?

Best part is the two EAD case numbers immediately before us were approved days ago. Wake up USCIS!

Hit the 60 day mark on waiting for an EAD, I really hope today is the day. In the meantime, noticed when I check case status on the USCIS website, below the initial review status at the bottom of the page there are red letters that say:

OMB Control Number: xxxx

Expiration date 6-30-2012

I wonder if its some technical glitch? Maybe they have to approve before 6/30..That'd be nice!

AOS Interview date set for July 19th! No word of EAD or AP yet though.

What's the consensus on birth certificates for the citizen and applicant to bring to the interview. Copy or Original?

On May 15, 2012, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

So confused...he was able to get his biometrics letter without an issue so why are the NOAs undeliverable?? I'll call of course just wondering if anyone else had a similar issue.

Well..unsuccessful walk-in biometrics this morning. Even though they were not busy, they told Jon to come back on his appt date and time (which is unfortunately right in the middle of the work day/week for me).

To anyone that's thinking about it, don't try to walk-in at the Aurora, Colorado USCIS application center.

Hello everyone,

Its good to have a topic for April 2012 filers.

I filed my application on 25th April and it was received on 27th April. It shows 27th April on I-130 received date and 1st May on I-485 received date.

My checks were cashed on 3rd May and I received 4 receipts numbers on 2nd May. I still haven't received an receipts in mail yet.

Not sure, if other filers have received mail receipts or any updates on Bio-metrics. I will update my profile timely and I would urge everyone to share their thoughts and updates.

I130/485 sent: April 25, 2012

I130/765/131 received: April 27, 2012

I485 received: May 1, 2012

Email notification of receipts(4): May 2, 2012

Cash checked: May 3, 2012

Mail receipts: ? (Not yet)

I'm still waiting for my hard copy receipts as well so no worries. I actually called the USCIS two days ago about it and they told me that hadn't actually mailed the letters out yet and to wait until May 24th to see if I get anything. During the K-1 process I received the hard copy receipts within a few days but I guess it's different for the AOS process.

Sitting here 13 days after NOA1 date with no hard copies in the mail yet (which Jon needs to apply for his drivers license) Should I be worried? Is there anything I can actually do?

So i called USiS today and told em i didn't receive our NOA2 yet. If they said they mailed it on the 16... Why would it take this long for me to receive it? Aaaah . They just told me to call back again if i didn't receive within 30 days after the mailing date. i just don't understand why would it take this long.

No no no do NOT take that excuse. That's exactly what they did to me and then when I called back after 30 days they said to just file a duplicate form request (which costs $485 by the way and takes up to 3 months to receive!).

I contacted my congressman after all of this and this was the CSC Congressional Liason's reply:

Generally speaking, we will provide a duplicate approval notice to the petitioner if the request is made within 30 days of the approval. Our electronic records indicate that the petitioner first contacted us in late March, more than 60 days after the approval of the petition. Therefore, she was advised to file Form I-824 with fee and request a duplicate approval notice.

Of course the only reason I waited was because they told me to wait at least 30 days on the first phone call. And of course I contacted them in January but their electronic records conveniently did not show that. I'd call them back and demand a copy (at least get a service request in) before your 30 days are up!

NOA hard-copies (I-797C) are not on Colorado's list of accepted documents to obtain a DL so I would highly expect that he won't be able to get one until he has his EAD & SSN in hand.

I suspect one of the reasons for this is because Form I-797C does not have an expiration date and therefore they are unable to issue you a license for the duration of your stay, even once he gets his EAD and applies for a DL-- it will only be valid for 12months since that is when the EAD expires.

I guess it is worth a try none-the-less and it may be worth going to a couple of DMVs since as we all know, every office does things a little differently and you may get lucky.

FWIW, the office on West Mississippi, does not take the NOA hard-copies, I tried

I sent an email to the DMV in Lakewood, CO a few weeks ago asking what was necessary and this was their reply:

Hello,

The requirements for a K1 visa holder is a valid passport and I-94 with K1 status, Marriage certificate, and a USCIS(immigration) receipt notice of application for change in status. You will have to do the written and road test as well, the written you can do as a walk in at any of our full service locations and the road test is only by appointment.

Thank You

Everybody's case is different. There could be a back-log at your local ASP that is causing the delay-- I would probably wait one more week before giving them a call.

And here we are with a Biometrics letter but not NOA1 Hardcopies, which we need to get Jon's driver's license. I don't even try to look for any patterns with the USCIS anymore.

Has anyone tried doing a walk-in biometrics in a different ASC than that suggested by their zip code? I am in the Denver area and have been directed to go to the Aurora office (blah). The office in Centennial is a lot nicer and less busy.

Still waiting on the Biometrics letter to arrive, but when it does I have a questions about Walk-in Biometrics appointments. Do you still make an Infopass appointment (they have a lot of open time slots at the local Denver office)and bring that in with your Biometrics letter or do you just walk in with the letter?

3 Texts/Emails today from USCIS for I-485/I-131/I-765 with April 26th receipt date!

Question though, I-485 on USCIS website says its in the "Acceptance" stage but my other two forms are in "Initial Review".

Is the 26th still my NOA date for the I-485? Same thing happen to anyone else?

Sending my AOS package today... good GOD, that was a lot of paperwork!

Any other August filers have their AOS sent off? Working on it?

:thumbs:

We sent ours off yesterday! My head still hurts from reviewing all that paperwork.

Hello April AOS Filers! I'm hoping to join you all and get my packet out this week.

I had a question for you regarding the "supporting documents" necessary for the I-765 and I-131. If these applications are submitted along with my I-485 do we still need to attach passport photos, marriage certificate, etc to them? Thanks for the help!

So I starting to look into the AOS phase for when my fiance gets up here and came across an interesting issue....

I never actually received a hard copy of my NOA2 in the mail from the USCIS but it was never an issue for getting the K-1 visa.

Anyway, looking into the AOS steps I see we need to include a copy of the NOA2 in our application. I called up the USCIS to ask for another copy (that they lost the first time!) and they said I would need to send in a I-824 Application for Duplicate Notice. Oh...and it costs $405!!

Just wondering if anyone else had this happen? There is no way I'm paying $400 for something that isn't my fault.

Maybe time to go to my congressman?

Well since no one knew the answer to my question I went to figure it out myself (I'm self sufficient like that )!

Just had an Infopass Meeting with an immigration officer and although Visa Journey states it should be included, the NOA2 is NOT necessary for the AOS filing process.

I brought in a copy of my NOA1 to the appointment and he showed me that he can simply scan the barcode on that letter and up pops our case showing that the application was approved!

Just thought I would pass this on in case someone never received/lost their NOA2 hardcopy, it will save you the $409 replacement letter fee!!

Jon is boarding his plane to the U.S. tonight!! Good day all in all!