aosapplicant

One again, congratulations!

You are adjusting from K visa?

If so you have already been interviewed (even though

it was not for AOS, yet material facts relevant

when proceeding through AOS are also relevant

when interviewed for K visa.

For that reason AOS interview is skipped in your case

(although it is not a rule and not everyone adjusting

from K get interview waived).

Think of it, it does make a sense. You were just recently

interviewed and to interview you now is to use limited resources

without necessity (if they still felt it was necessary they would

schedule an interview).

You must be interviewed in 2 years before you get your conditions

removed and at that time you will get interviewed without any doubt.

Have a great day and good luck to you and your spouse!

Recieved letter from USCIS today. expected interview date but I was dissapointed, It just said, "This is to notify you that your application for permament residence has been approved"

They recieved application on Jan 11. The notice date on the approval is March 21.

Congratulations! That was fast!

What is your district/local office ?

ok, thank, thats another datapoint prior biometrics.

makes sense that an RFE could occur at any time.

From what I observe there is no universal pattern of how

USCIS processes AOS petitions.

Note that only a small fraction of applicants post on forums

about their experiences with AOS. And even if we see several

posters pointing to certain patterns, there is no way of knowing

whether there is any statistical reliability to it.

Do not concern yourself with speculative matters, it's idle

in any event.

What matters is whether in totality you have established

eligibility for benefit sought. If yes, then you should expect

an RFE at some point to fulfill the requirement, provided

you didn't submit all that was required.

The worst case scenario is that you get denied without RFE

(IO is not obligated to issue RFE and can decide the petition

on the record only), but it is way too early for you to be concerned

since you submitted your petition in late Feb and not in October of

2011.

You could also try to mail the correspondence directly to the service

center from which you've got your I797 for I-485.

You may include the copy of your receipt , the cover letter explaining

that you are submitting the initial evidence that was missing at the time

of app submission as well as the copies of documents you have.

Please note: the above written is my individual "lay-man" opinion and is not

a legal advise. For legal advise consult an immigration attorney.

Good luck.

Hi there,

i have been keeping track of other forumusers RFEs for I-864.

matching it with their respective timelines, this seems to usually occur fairly early in the process - ie before they go in for biometrics.

(I am not stating that these two things are directly connected, just looking at timing for lack of any other insight into USCIS blackbox).

anybody had I-864 RFEs considerably later/ after biometrics?

reason is i had expected an RFE for my I-864 for additional sponsor info (IRS tax stuff that arrived after i filed) but biometics occured and nothing yet...

thanks

It has been little over a month since you have applied for AOS.

USCIS has 4 to 5 months to process your application.

My RFE for I-864 arrived before scheduled Bio appt.

Yours may arrive later or you may be requested to submit

the evidence at the time of the interview.

Good luck.

As a February filer, i am obviously overly happy to hear what happens in the january filer category.

@ aosapplicant,

would you care to share part of your timeline?

i hope you find guidance from others in baltimore - maybe you could give guidance to others with some timeline indication of when you received your card etc.?

AOS was submitted in second half of Jan , biometrics scheduled soon thereafter and taken (as scheduled, no early walk-in) towards the end of Feb.

Soon after biometrics letter received I got text email for RFE (RFE was mailed to attorney only).

Attorney responded to RFE but, upon close examination, I found typo/error and sent second responce to RFE

with cover letter explaining why the second response is being mailed.

To my great surprise the response I have mailed was scanned and updated on USCIS e-cas (this was the second LUD after the previous LUD when lawyers response was received with "Review of Response" tag).

I went for INFO-pass before that, but INFO-pass is at local office and has no access to NBC and they suggested that I send the response directly to NBC with clear explanation in cover letter.

If you need to update any information my advise would be to write directly to the office that has your file

and clearly explain the reason for update.

I have EAD/AP approved now. When will IL arrive is a random guess, because timeliness reported vary depending on local office and I don't see many posters with Baltimore, MD local office to get any idea what PD is being interviewed currently. My guesstimate (based on December, 2011 update on USCIS timeline page for Baltimore office) is I.L. towards the end of April and interview sometime byJune.I wish i was wrong and EAD/AP arrived with IL, but unlike poster above our office is busy so I won't expect it until later on and close to May.

Good luck to all!

I didn't receive a text/email notification until after my IL arrived in the mail. It was actually in the late afternoon later that day. When it arrived, I thought it was my EAD/AP so I surprised!

I imagine next week others who have EAD/AP approval should start getting interview letters.

I don't think that we can get the IL at the same time as EAD/AP, mainly because our

local office is busier than yours and it would be surprising if they sent IL only

2 months after receipt date.

But I will for now stop waiting for email/text updates , knowing that the letter may arrive without

any LUD.

Wish you both good luck !

Mine is still relatively early in process ( Baltimore, MD shows July priority dates with last update on December 2011 , so assuming they have the same time period now my interview could be scheduled anywhere by May and it's only March now).

But I was curious if a poster above got an email update before IL , because it seems from the timeline like they had 'card ordered into production' email/text and then got EAD and IL in mail , with the interval of couple of days and without any email/text notification.

In any event, my local office is in different district and it is not likely to schedule an interview anytime soon. Just being curious and impatient, like a lot of applicants are

P.S. Any Baltimore, MD filers on this board?

I'm a Jan filer and have received my interview letter. It arrived 2 months and 1 week from my priority date. See my timeline below.

Good luck

That's great and so fast! Congratulations!

Did you get email notifications of IL before receiving it?

I got text/email for EAD/AP approval. Waiting for IL now.

EAD/AP approved.

Are there any filers with Baltimore, MD local office?

How long after EAD (or Bio or Priority date) did you receive Int. Letter?

Had anyone who filed in Jan receive I.L. yet?

I notice some local offices schedule interview faster than EAD, lucky applicants

Anyone from Baltimore, MD office ?

I can't tell what is your concern, but mine is that NO ONE ever falls victim and pays with their entire future life for any errors

committed that could have been avoided.

Hiring a good immigration attorney could be indispensable and save ones' future and future of the loved ones, all at the cost of

couple thousands of dollars that worth nothing in comparison to what might be at stakes.

In any legal proceeding, unless you are aware of all governing statutes, codes of regulation and fully familiar with their application,

you should hire an attorney to represent you.

The true purpose of a lawyer is not what silly fantasy of ignorance has made of it. Namely, it is not a job of attorney to make guilty person

innocent or to help otherwise unqualified individual get the benefit one is not entitled to. In fact, under the governing the practice of law

code of ethics such lawyer can be punished and even deprived of a license to practice the law.

True purpose of a lawyer is to make sure that entire proceeding is fair and goes according to the letter of law while advising his or her client

to take the legal steps based on existing statutes and practical application of the same.

If you do not want to hire an attorney and would like to file all paperwork by yourself, of course you can file on your own.

Equally, if you decide to hire an attorney make sure to interview them as you would any employee and do not commit to any contract

or any payment unless you are absolutely sure that the person you are dealing with is professional, ethical and has your best interests in his

or her mind. Lawyers, just like people from all other walks of life, have wide variety of personalities and individuals mixed in their group and ,as society in general deteriorates, ethically and professionally, so do individuals in all walks of life.

So, surely there are bad lawyers who can take advantage of and ruin your case. But there are also those who will do a great job

and save you lots of headaches by making sure everything is done correct from the beginning and the entire application is filed under the rule of law.

Make your own judgement and remember - it is your future at stakes not thAt of anyone who makes you any suggestions, here or elsewhere.

Good luck.

AOS package sent in JAN 2012.

RFE received [for I 864] in FEB,

lawyer responded [uSCIS updated

receipt of RFE],

we [me and my spouse] mailed our own

responce to RFE, which also was

updated on USCIS in early MAR.

No further LUD or updates at the moment.

USCIS has updated the e-cas that indicates they have received the response to RFE (so, that means they DID accept for the record the second RFE response,

which I have mailed after my attorney!)

I consider it to be a positive development , since the update says that they will resume the processing of the case in light of the new RFE response

received.

I do not expect any further developments anytime soon, since it is at the stage where (if approved) EAD/AP is going to be issued in the next 60 days

and, if everything else my attorney submitted is in order, the I-485 interview may be scheduled sometime in April or May.

So I will leave this board for now, but I will return to post future updates.

Thank you everyone who participated in this thread and tried to help.

Best regards,

AOS Applicant

Quick update:

The response that I have mailed ( post #41 ) had reached the NBC, but there have not been any updates on case status since my attorneys

response reached and was noted on e-cas.

Now it's a matter of time, I guess we will next hear about the EAD/AP decision and get IL or the whole petition will be denied because of some

typo in one square. We will see.

I did INFOPASS. Was pleasantly surprised with the customer service, very good local office , friendly personnel, few people waiting, fast processing.

Alas, the case is in NBC so there is nothing local office can do.

So, any of you who sent apps to Chicago lock-box and was transferred to NBC or any of regional Service Centers: send a letter of explanation directly

to where you filed your paperwork and resort to INFOPASS only if you have a general question or if your case is being handled by that local office

or has been way beyond processing times.

Good luck to all AOS applicants. I'll update as soon as we hear from USCIS.

Consider yourself enlightened. The information I provide here is not based solely on readying. It's based on extensive actual experience.

You would do well to comprehend the difference between "serious discourse" and "legal advice" and perhaps the difference between "idle discussion" and either. Please also note, that the OP has "legal advice" from three separate immigration attorneys, all of whom disagree with your "reading". I trust there are aspects of your life where you've observed the value of "experience". You have the opportunity to learn much HERE from the experience of others. I suggest you start learning and cease the arguing, if for no other reason than you are simply "wrong".

The only way you could state with such confidence and from "experience" how cases are actually adjudicated is IF you were an Adjudicating Officer yourself.

There is at least one other forum where I have encountered a poster who identified himself fully (an actual employee of USCIS , though not case adjudicator) and in such capacity could , more or less, state with some degree of certainty that his extensive experience was relevant to subject of discussion.

As it stands, you are simply an AOS applicant with once upon a time pending application (not much different from me) and I can't fathom how could you have an experience so broader and greater than mine that it would justify you expressing your opinion in so condescending way as if my opinion was totally worthless as compared to yours.

What makes you think so?

Note, I am not arguing, I am questioning your statements and have very good reasons to be very skeptical

and doubtful of what you try to imply above.

As to difference between "serious discourse" , "idle discussion" and "legal advise", the only thing that matters is whether what you or anyone states is a legal advise or not. The rest is, whatever you call it, is NOT a legal advise, and that's all that matters as far as reliability (or direct responsibility for) of given opinion is concerned.

I welcome your sharing your opinion and disagreeing with mine as much as you like, but I do not appreciate at all you trying to frame my responses

as "arguing" or "argumentative" as if to give yourself a false grounds to have only your opinion circulated here and have mine suppressed or ceased from

being posted at all.

This is totally un-American way of imposing your opinion on other and I, personally, have no intention to abide by such arbitrary request on your part.

However, as mentioned above , I welcome you to share your personal opinion and disagree with mine as much as you like.

It would add a lot of value and weight to your statements if you supported them with specific case laws, links to proficient scholarly interpretations,

latest C.F.R. and case processing statistics out there (if you have any), instead of pontificating how your view is more important or valid than another's.

Thank you for participating in this discussion,

Best regards,

AOS Applicant

When you file the petition you only send copies. However, you/she will need to provide the original I-94 at the time of interview.

At the risk (I'm willing to take it.) of sounding "rude" (which I may be) and like I need to "read up more", which I don't, you are simply wrong.

My read on this situation is that there was no misrepresentation at the POE. As such, this mother and son, who are spouse and immediate relative of a US Citizen are well within their rights to adjust status from within the USA, now, next week or six months or 8 years after their I-94s expire. I would advise them to do so ASAP but not to worry about going past the I-94 date.

One needs only to read the instructions for the I-485 to understand this clearly. Absent an actual documented misrepresentation at the POE (All indications are that non was made or even close.) intent is not an issue for the spouse of a US Citizen.

So, to the OP. File when ready and relax. All is well. You'll be one/two of hundreds, on any given week, of immediate relatives of US Citizens who filed to adjust status after their authorized stay expired and one/two of hundreds of immediate relatives of US Citizens who filed to adjust status after their authorized stay expired who will be granted LPR status the same week you can expect yours to be granted.

I can't explain why others will tell you different. I can only explain why they are wrong.

1. Thinking or stating that I or any other poster is wrong is not rude at all. It is your right to dissent, disagree and express your opinion.

Thank our luck, we live in America, not some despotic tyrant-land.

As long as you don't resort to name calling or outright , personal insults I have no problem with you sharing your opinion, however disagreeable it may be with what I wrote.

In fact, if you are right I must thank you for enlightening me.

2. Your read on this situation doesn't matter. USCIS adjudication officers' does. never forget thAt.

3. I-485 doesn't say anything about dual intent or presumption of fraud where one files AOS immediately after

arrival to US (or after getting tourist visa with existing relationship to USC fiance/spouse and filing AOS on the basis

of that relationship after being admitted).

This absolutely is NOT idle discussion. If that's what you consider your comments to be, then ignoring them would be a great idea for any reader. The OP came here for serious discourse, not idle discussion.

I respectfully suggest you to read the terms of service where it unambiguously says that nothing posted on this board is a legal advice nor creates attorney-client relationship , which supersedes the extra disclaimers I posted on top of it (for the convenience of the readers who may not have read the Terms of Service).

So, here I copy paste TERMS OF SERVICE from http://www.visajourney.com/content/terms (perhaps readers should start with ignoring your posts):

NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP

Information contained on or made available through VisaJourney.com Websites and Services (including but not limited to the discussion forums) is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Do not act on or rely on any information from VisaJourney.com Websites and Services without consulting with a licensed attorney as this site is not a substitute for obtaining appropriate legal advice from a competent, independent legal counsel in the relevant jurisdiction. Moreover, due to the rapidly changing nature of the law and the reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the Content on VisaJourney.com Websites and Services or at other sites to which we link. Nothing submitted to this Web Site is treated as is privileged or confidential with the exception of items listed in Visajourney.com's Privacy Policy. All communications and Content Posted via the Service (including but not limited to the discussion forums) are NOT treated as privileged or confidential.

Finally, if you want to chime in on anything, there is no need to send me PM, you can very well post your concerns here, in public and openly, as I have no

private matter to discuss with any of the members of this forum ( I write this because I noticed a PM from you on my box).

Best regards,

AOS Applicant

I'm not confusing anything. I know the purpose of the B2. I'm clarifying where you said "having fiance/spouse in US = intent to immigrate under official regs". There is nothing "official" that says that. If that was true, they wouldn't be able to issue a B2 to a spouse of a USC.

Every non-immigrant is considered an intending immigrant unless able to overcome such presumption.

Yes, FAM specifically states that it is permissible to issue visas to individuals who wish to visit USC relatives (provided

they convince of their intention to return after the trip).

In any event, at question here is not my less than perfect expression of how non-immigrants who have USC spouses are presumed

to be intending immigrants.

At questions here (and most relevant to OP) is what appears to be pre-conceived intention to immigrate.

If OP returns (provided there are no other negative factors) then she will prove to have acted in good faith.

However, having left US after meeting a person with whom, upon her second arrival to US, she decided to marry and now

wishes to file AOS with... well, in my opinion, this is way too close, dangerously close to definition of pre-conceived intent

to circumvent the existing visa regulations and take a short cut.

I keep repeating that this is my opinion, I am not an attorney, have limited knowledge of statues & regulations and in no way what

I write should be taken as a legal advise. I don't know how to say it more conspicuously.

At the same time I think this discourse serves a beneficial purpose of letting everyone know, on one simple example , how really complex

immigration laws are and how mindful one must be of possible repercussions and failure to adhere to existing regulations.

Just to clarify, there have already been several previous rulings that "not offering information that is not asked for is not considered misrepresentation". Stating something false is. Not completely answering or witholding information when a question asked also is. However, you don't have to bring up being the spouse of a USC if they don't ask.

Also according to the letter of the law, being married to a USC can not be used in and of itself as a denial for a B2. This is actually stated in the FAM. I'm sure they do deny for this reason but they shouldn't.

If they attempted to pursue either of those avenues in front of a judge, they would be hammered by any half decent immigration attorney.

I think you fail to note that the purpose of visitor visa is to temporarily visit and return. You must be able to qualify for it to begin with.

Now, I don't know what the process of automatic admission as visitor(for Canadians) is , but for everyone else it is rigorous enough to

exclude the possibility of not being asked about ones' spouse (remember, ValerieA had I-130 in the latest stages prior to arrival to US).

As to FAM, ofc it plainly states that family members can be issued B visas, but it doesn't say they can then stay and apply for AOS.

To the contrary, it specifically expects the visitor to return so as to prove that they acted in the good faith.

I think you confuse the FAM guide that authorize issuance of visitor visas to USC family members with the concept of presumption of pre-conceived

intent to immigrate when one enters on said visa and right away decides to adjust status.

None of what I post should be considered a legal advise, as I am not an attorney and have limited knowledge of statutes and regulations. This is just idle

discussion where I express my opinion and, as side benefit, everyone can discover for themselves that Immigration Laws are not a simple matter

and should never be taken lightly.

Not true. San Diego was denying outright and court of appeals district 3 was putting on indefinite hold. Other offices were operating normally. Canadians enter under the terms of a B2 visa without the need to apply for one.

Lots of good bits here, but the whole story is being lost. I don't know why this thread continues, honestly.

You are right that AOS from VWP wasn't being denied uniformly , so instead of "USCIS was denying all AOS applications" I should have wrote "...some USCIS offices were denying all AOS applications" from VWP applicants who applied for AOS past 90 days. That practice, as I mentioned, has ended recently.

The point is, regulations are not static, nor are application of the same.... On top of it you have variables like different offices interpreting the same regulation differently, plus ever changing regulations from Federal Register, coupled with internal memos and changes in case processing...

All this adds up to be a warning to any applicant out there that just because a poster from Canada successfully applied and obtained AOS based on I-130 that got approved within a week of her arrival to US, doesn't mean others will not be risking denial and permanent bar if, unlike this particular user, it is assumed that they had pre-conceived intent and what not. Who here can guarantee to the Venezuelan OP that their petition won't be denied on presumption of fraud, provided

she had met her future husband, left ,returned , married and now applies for AOS?

This thread continues to reduce false assumptions about simplicity of INA and how the application of law can vary from case to case depending on great number of variables that will inevitable remain invisible to a lay man that most of us are when it comes to filing petitions.

Yup, you are right. It doesn't matter what country you are from, AOS rules apply the same way to everyone.

As recently as in 2010 USCIS was routinely denying all AOS applications for VWP applicants who filed

for AOS 90 or more days after entry (past expiration). USCIS later reversed and resumed approving

those applications. They are also visitors who get admitted automatically at the border (like Canadians)

but under slightly different terms.

It tells us two things:

#1. AOS rules do not apply the same way to everyone. Country of origin does play role (we are not talking

about profiling here, but the natural assumptions made based on circumstances that are born our of

statutory regulations).

#2. What is the rule today may not be rule tomorrow and what was a rule yesterday may not be the same today.

This is notwithstanding the laws , that change on their own accord, and notwithstanding even regulations.

There are three different factors that play a role to a varying degree:

a) INA

b) Federal Regulations (interpretation of law by executive branch and instructions how to apply it)

c) internal memos and trends that constantly change based on changing environment , case laws, internal decisions

and millions of other things.

There is still substantial risk of being denied, removed and permanently barred for entering US on tourist visa

and deciding to marry the next day , even though there may be cases where people had their AOS approved

and/or were able to overcome presumption of pre-conceived intent and/or were adjusted on discretion of adjudicating

officer (they have such discretion statutorily delegated to them) notwithstanding the presumption of pre-conceived

intention and in absence of any other adverse factors.

Whoever says that Immigration laws are not complex ?

I'm Canadian. I came across the border on a B-2 (the automatic one for us) while my CR-1 was pending. Circumstances changed, and I switched to AOS.

The OP is not Canadian, she didn't come from the country that has bi-lateral agreements like US-Canada and doesn't really fit into

what you describe to be your circumstances.

I still do not think that anyone can simply cross the border and change their mind next day (marry, apply for AOS) without repercussions.

Notice the AOS part of my timeline?

I did, but there are more than one non-immigrant categories to

visit. I am genuinely curious.

Since that page is taken directly from the USCIS site, I am comfortable it is the most up-to-date information available. Also, having hung around this forum for three years, I have never seen anyone denied for intent. My case was certainly questionable, and the subject was never broached.

I assure you, even the link you posted directs you to page where USCIS disclaims that published AFM is for public

distribution, is an edited version and is not up to date version of AFM currently being used by USCIS.

What visa have you entered on?

Looking at your timeline it's clear that you had an immediate relative petition

in approval stages when you entered US.

I don't know if this is the new MO of USCIS, but we had our ROC interview last week and were not given an answer, just told to wait 30-60 days. I realize that it has only been a couple of days, but I saw this thread and was shocked to see how many people are going through this. I sure hope we don't have to wait that long since we have international travel scheduled. I thought I was through the worst of the immigration process, but not knowing at this stage is really terrible. It is very difficult to make plans of any kind when you don't know if you are going to be called for a second interview, RFE,etc. I feel really bad for those that have been waiting so long for a response. I hope you have received your GC by now.

I think I have read somewhere that most people don't get same day decisions anymore (as far as post interview AOS concerned).

So, this must be just a normal procedure.

I think you have to allow for the official processing time before making any inquiries. If you had AOS interview say 2.5 months from date of application and the normal or current processing time is 5 months you should wait at least 2.5 months after your interview before raising a concern about your case.

Good luck.