Jlet

See the way it happened was, my hubby came here and we got married. He had no intention of staying but my daughter became ill. So he didn't want to return and leave me to care for her alone. At that point we had already filed an I-130 stating he would adjust in NL. So I called USCIS and asked what our options were. The women (tier 2 person) told me he could file an AOS here but that she didnt recommend we file for an AP because he was staying due to a "medical emergency" that was to last for an extended time. She said "It might look bad if he applies to leave the country since he is staying for an emergency". So after she said that we decided not to apply for the AP assuming he would have a green card by now. Had everything worked out normally he should have had it back in March/April.

And yes I did contact my congressman two days ago. Still no word.

And no he did not over stay. He entered Sept 16 and was to exit Dec. 12 but we filed the AOS mid-Nov. when my daughter fell ill.

I mean at this point if what USCIS is telling me over the phone....That the office is behind on cases, then would making an info pass do anything? I'd hate for hubby to take off from a new job just to be told the same thing in person. Ya know?

Oh and not we did not get an approval letter, just a verbal approval. Though she did say she had to email the NVC to make sure they had out I-130 paper work (which was approved in Jan). Now I already called the NVC and had them forward it to my local office just in case. So I really dont get the hold up.

No he didnt apply for an AP because we were worried about him being able to come back because of the emergency situation that allowed him to stay and adjust here. It would have looked bad if he was asking to adjust here based on issues with my daughter but yet wanted to return home during the process knowing her health issues at the time. So we didnt apply for one. They did not take his EAD at the interview.

My daughter has stabilized these last 2 months and now with her health not being such a huge issue he wants to return to NL and tie up all his loose ends. I've thought about making an info pass appt but every time I call USCIS they tell me "Exactly what I see here is what they will tell you at an appointment. The office is behind and needs to catch up. That is the only reason you are still waiting.".....it's so aggravating.

Some days I want to pull my hair out this is so maddening!

We are STILL waiting for my hubby's green card. We had out interview in Feb! Lady said "Everything looks great. Expect your card in 4-8 weeks"...it's MAY and we still haven't received it. I've called, sent a request out for it being passed the processing time and yet all I get from USCIS is a vague letter saying " We are sorry for the inconvenience and do not have a time frame for processing". Grrr! Now I call today and I get "we are still processing applications from Oct 3" they have been saying that since Feb! We are mid-Nov. Hubby has been in the US for over 8 months now. He needs to fly back to NL to tie up loose ends with school, house, bank...etc. but can't leave without his card. Has anyone experienced this long of a wait before after being told they were approved?

I'm happy to hear I am not the only one who has this problem. Thank you every one. We feel a bit better now knowing this happens often

Hello everyone,

We had out interview last week and things went well. Aside from our interview person being a bit cold and a little rude. She asked why we didn't submit an I-130, I explained that we had and that it was approved in Jan. I gave her the copy of our letter and showed her the original. I then went on to explain why we adjusted status instead of hubby going home (health issues with daughter). She asked a few questions about my daughter's health. She went over the I-485 asking the basic questions that you answer yes/no to. She never once brought up an issue or problem. At the very end she said "Well since the I-130 is approved already I don't really need to do anything, you approved. However, I will need to email the NVC to make sure they have the I-130 and that is all in order". I asked her how long that would take and she said "Not long, I will email them as soon as you leave, you can expect your card in about 4 weeks". We thanked her and left. It has been a week now and we haven't heard a word! Status online hasn't changed or been touched. Should we be worried or is this normal for them? I'm trying not to worry but adjusting from VWP makes me a bit paranoid about things lol

Thank you

I know we switched from the I-130 process over to AOS here but I just wanted to share the news and to add hope to any other Sept filers. Our I-130 was approved yesterday!!! Good luck to everyone that is still waiting. I hope you get approved soon!

Hello All,

My husband went in for his bio-metrics appt on 1/4/2013. He is adjusting from the VWP, anyway.... Yesterday I received a text that his interview letter was mailed out. I'm a little shocked it happened so fast and before his EAD was approved or sent out.

Is this normal?

Should we be worried that the interview was set up so fast?

I've checked the status of his I-130 (which was sent out in Sept) and that hasn't been touched since 12/12/12. It's still in initial review!

I guess I'm a little confused b/c you expect a certain progression and when things get out of order or to fast it worries me. With him adjusting from the VWP (due to medical issues with my daughter) I'm a bit more paranoid something is wrong when things dont goes as planned.

Has this happened to anyone else?

Anyway, to the OP. It is obvious you did not have intent anyway, and in fact I remember advising you to do this when you posted on here about your daughter's health changes. There is no 60/90 day rule (and in fact there never was, that rule is in the Foreign affairs manual and not in USCIS rules). To the others, the Op got married after 12 days yes, but then her husband returned home and they started the CR-1 visa process. He came back to visit for a bit and while here, her daughter had a significant change in her health care status and they made the decision to file AOS. Not that any of this matters, but just to clarify the situation.

OP - you are being paranoid and everything is fine...really. Relax This is going to be a very normal AOS case, just like the others.

No he did not return home. He entered 9/16, we married 9/28 and he was to return home 12/12 (two days before VWP stamp expires). We started the I-130 process while he was here to spend less time apart when he returned home. Though again it was always our intent for him to return within 88 days.

The customer service reps know about as much about immigration as a customer service rep at Walmart knows about the process of making Walmarts own brand sausages. They are hired to provide basic information and that's it. So yes - they can provide you with info that's "their best guess", and the ones I like the most are the ones being honest and transferring you to either a tier 2, or refer to their webpage(or an infopass appointment).

I can't say you won't have to worry however, it is legal to AOS from WVP, otherwise the option would not be there. Personally, I'd advise you to focus more on the evidence you have together rather than the evidence of your spouse meant to leave. Because the evidence that'll demonstrate a bona fide relationship(along with the affidavit of support) is definitely asked for and will be crucial to your spouse getting a greencard.

And then I'd ask you to call the airline company where you spouse was meant to use. Either cancel ticket, or ask if the seat was given away to someone else when your husband did not show up. Usually, you can get a confirmation through email. It's not really crucial however sometimes the airlines mess up and forget to take the original name of the ticket/seat and it looks as if that person left the US. THat's a no-go when adjusting status. As I said, please focus on the relationship evidence and your daughter getting better, and don't let anyone give you nightmares about the process.

We did contact the airport yesterday to see if we can cancel the ticket. His flight isn't until 12/12/12. I am not worried about our relationship evidence as we have a joint bank account that he deposits into monthly (have had this since April), about to have him added to the house lease, plenty of pics, emails and any member of either family to state we are happily married. All my info has been changed to his last name etc. You would have to be blind not to see the love in this family lol though I will continue to gather as much info as possible. As far as the affidavit of support, my grandfather is a co-sponsor and he makes over $100k a year (retired pension, investments, SS, etc) So we should be perfectly fine there too

Thank you all....even those debating the whole "intent" aspect in the thread...it's given me a lot of relief and help me understand things a bit more

You CAN adjust status from the VWP. If denied, you cannot appeal, but this case (in this thread, I do not known the other one) is very clear- the OP can show that two very big events happened AFTER the husband entered and they got married. Ie a beloved child got sick, and his plans to attend university abroad (a main tie to the home country) failed. I am sure it will be easy for them to bring documentation of both these events (letters from doctor, denial email/ letter from university), and that the timing was that they happened AFTER the wedding.

Yes exactly. We got married, everything was happy and great, we prepared for him to leave....then all the bricks fell on our heads. Everything I have is dated Nov 1st or later and as I stated I have a lot of documents showing what happened. We will have even more supporting evidence once my daughter finishes with the specialist and even that is before he was suppose to go home.

My husband never had an intent to stay as I stated. Yes he came here to marry me under the VWP which we checked to make sure was legal first. He was to be here for 88 days, then return for finals (this semester of school was never in question, its him taking an extra year to finish that is in question). He has been following courses via online and had plan to return for his first test the week before christmas.

We married and filed an I-130 right away. In it we stated he was returning to adjust at Amsterdam's consulate which was our intent all along. For him to be here 88 days, go home while we waited out the NVC and his interview. That was the plan all along. Then things with my daughter got bad. I have no one else here to help me and I have 3 kids. My husband is the ONLY support I have. I called USCIS to expedite the case under medical emergency (which I was told when given the rep the FULL detail of my daughter that we should qualify). I was told to call back in 1 week to check status. I did and was told they are back logged with expedites right now and it could take up to 30 days. At that point it was the 2nd level USCIS rep who said to me "You know Ms. reading through this and you telling me about your daughter, well I don't see why you dont attempt to adjust status here." I said "isn't that visa fraud and not allowed?" she said "well we don't go telling everyone to do it but looking at your case personally and hearing what is going on with your daughter, in your personal circumstance you should be fine to adjust here. However I'd submit any proof you have along with the packet".

Now I have heard that USCIS reps have given false info before but it was a level 2 rep and when I called again Tues I asked a different women the same thing and she said "yes, he can adjust here, you do qualify"

Now "qualifying" is one thing and I know that doesnt mean our case wont be turned down. There are dozens or emails with my husbands school, his family, my family, plenty of witnesses to the fact that he always intended to return in Dec. I hope and pray it is enough. My daughters case is by no means weak. We are struggling to deal with her disabilities everyday and doing it on my own is near impossible. All I can do is pray that whom ever views our case see the genuine intent to return and that it wasnt until Nov. that things changed with my daughter and us scrambling to figure something out.

We sent out our AOS packet today and now I am worried after reading posts here on visa journey. Am I just being paranoid?

My husband came here in Sept under the VWP. We got married 12 days later. We filed an I-130 ( which in it we indicated that he would be interviewed in Amsterdam). My husband has been going back and forth with his University in the Netherlands fighting to continue his education as he failed some tests back in June and they wanted to kick him out. He has fought the schools exam board to the point of a hearing (though when they finally gave him a date we could not attend it as he was here and some medical issues came up with my daughter that caused him not to be able to leave). We are still awaiting the results of the hearing, however he is allowed to take his tests in Dec to at least finish this semester and get credit for it.

He ALWAYS intended to return home and finish this semester out. Then my daughter's medical situation got worse and it had us second guessing him going home for months. I filed a expedite request 3 weeks ago but was told it could take up to a month even with a medical emergency. His VWP stamp expires 12/14/2012 and I couldn't risk us not getting an expedite and him returning home with my daughter so close to surgery among other things.

So we filed an AOS packet. In it we showed proof of his intent to return (plane ticket, letters back and forth between him and University). I also wrote a personal letter explaining my daughter's situation with some basic supporting documents (one of which was a confirmation of a social security disability hearing and medical records showing her problems).

In your opinion do you think this is enough or should I have sent more? I know that if his AOS is denied under visa fraud there is no appeal (or so I've heard) but we never had an intent to stay and we tried very hard to prove that in our AOS packet. Him returning home in NOT an option with the situation my daughter is in right now. I'm just scared he will be denied b/c he came under the VWP and married me.

If he is denied do we know right away....like we dont get an NOA1? or is it not until later that they tell us?

I dont know if I am worried for no reason at all b/c we have such a strong case that there was no intent to stay or if I should be worried b/c these type of cases tend to get denied for visa fraud no matter how much proof.

Any info would be helpful.

Thanks

After long consideration my husband decided to switch from filing his I-130 abroad to filing an I-485 to adjust status here (due to a medical situation with our daughter). We tried to expedite things with the I-130 however it was taking longer then we expected. I spoke with a "level 2" person at USCIS and they said we could file the AoS (I-485). My question is this..

My husband came here on the VWP 9/16/12. His passport stamp expires on 12/14/12 (originally he had a plane ticket for 12/12/12 to go home). Once we send in the I-485 and get the NOA1 for it will he be considered here "illegally" once the stamp date passes? or does the notice work as like a temp type of stamp allowing him to be here. I only ask because we are rushing around like crazy to get everything sent out by Fri so that we "should" get that NOA1 before his stamp expires. I'm just confused since he didnt come here with a visa.

Also if lets say 12/14 passes and we havent got the 1st notice, then it is denied for whatever reason, will he be banned from the US for going past his passport stamp day? Is there a grace period before he gets a ban? I only ask this b/c if for whatever reason we can't file here he would go home but of course I dont want him banned for 10 years. I'd like to avoid that if we can.

Thank you for any help

He needs to return for tests right before Christmas. However once he returns he would have been in the US for 6months (90 days here, 90 days home, 90 here again). So he cant return under VWO for at least another 90 day (I believe anyway).

After Dec. I'd love for him to be home and stay home. We never went the AOS route b/c of his school to begin with. He was granted an exception due to my daughter. He is allowed to do all course work via the internet and submit homework through email but the school made it very clear he must be in NL to test in Dec. If we go the AOS route he can't return to test. Which then he would have to retake the entire semester again. If we expedite, I am hoping we could have his interview at Amsterdam by Dec or even Jan. That way he returns to NL for tests, medical exam and consulate interview but can come right back when its done. Did that make more sense? lol sorry if I confused anyone.

Thank you KDubovik for the info!

No he cant stop studies. He has one semester left and we are depending on his degree to get a job to support us in the future. Not only that to my knowledge if I file an AOS while he is under VWP that is visa fraud, isnt it?

No my children are not biologically his. He is only their step-father. However there dad is not in the picture much and my daughter is extremely attached to him. Part of her disability is sensory processing and I am so worried to think of the damage to her if he is gone to long. He is very much her "support" person.

Since I have already filed how would I expedite? Is there a form I need to fill out or anything?

Hello All,

I'm sure all of you have got to the point you wish you could expedite the I-130 process. I know even after a month I started to think about it. However this isn't just a case of I'm using any excuse and I ask that you please understand the situation and be sensitive to your comments since this does involve my daughter as well.

I've been fighting Social Security for disability for my daughter (almost 2yrs now). We have a court date next week and are extremely likely to win. The implications of this are what worries me. I will finally have the ability to get my daughter the help she needs, which means I have to leave my job to bring her to all her therapy appointments, Dr. appts etc. I can't work and take care of a disabled child, plus her twin and my oldest all by myself (their actual father isn't in the picture much). My husband is currently here helping me (Under the VWP). He must return to NL in 30 days. I've been praying to have his NOA2 in hand by Dec. so at the very least he could be home in a few months. However with the whole NBC thing I am worried I could be looking at many months. My local office is Chicago and they are over loaded.

I'm wondering if having a child with a severe disability in the home would qualify us for an expedite? I know I can't use financial hardship because my husband is a full time student. I am terrified that he will return to NL and not come home for 6 or more months. There is no way I can take care of 2 toddlers (one with a disability) and my oldest all alone. My family doesn't have the ability to help either. Not only that with her winning SSI it opens up a door to many appts with therapists and Dr.s that my husband needs to be here for.

Am I just grasping straws because I am desperate to have my husband home ASAP or does anyone thing we have an actual chance at an expedite?

Also since I already filed the I-130 how do I go about the expedite and what proof would I need to submit?

Thank you to anyone who answers

US citizen living in Chicago (filed Chicago lock box)

NOA 1 Oct 1st (MSC # and I cant check it online)

No notice of transfer to field office

I did however call today and was able to get a status update. Was told we are still in initial review at the NBC and that we should expect approval in 4 months if all goes smooth.

The estimated time for NBC is 5-7 months! That is what the rep quoted me. I so hope we don't wait that long!

Anyway I spoke with the level 2 (manager type person I guess) and he said that for some reason the new MSC codes are not always showing up online. Even after the 30 day waiting time. He said that if you have an MSC code that doesnt show to call up for case updates. According to him our case was at the NBC (not a local field office and that unless there is an issue or they need an interview it would stay at NBC. We are still under initial review, it's moving along smoothly and if it continues to do so we should have an NOA2 4 months from NOA1.

So I got a little worried that my MSC receipt # kept saying "Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283" on USCIS's website.

So I called the number and gave my receipt # to the women. Even she could not find it. She said I need to call back in 2hrs to speak with a a manager. I asked her why this was. She said that it must be an error on there side. That for some reason it was not entered into the system or they were just overloaded and havent had a chance to enter it. She also said as long as I have my NOA1 that means it should currently be under processing.

I also asked about the NBC and if it was sent to a field office. Her reply was "No, not all cases sent to NBC are forwarded to a field office. If you have a stand alone I-130 there is a very good chance that NBC will just process it". So I'm not sure how that all works out. Sounds to me like even they are working the kinks of all this out. I never received anything saying my case was sent to a field office, just that it was sent to NBC. So my guess is NBC will process our I-130.

I dont know if anyone else has any updated info but I know a lot of you were worried (like myself) that your case # didnt show. My advise is to call up and see why. She said a manager would enter it in the system for me. Good luck to you all and I hope we start seeing some Sept NOA2's soon!

Yes we have a MSC code.... However the site keeps saying "Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283."

No we didnt file an I-485. My husband is in the US under the VWP currently (he is returning to the Netherlands in Dec which is 88 days here). I live in the Chicago area so I guess it would be sent to Vermont then? I hate that I dont know where its being sent to get an idea of processing times!

Thank you but that still doesnt really help me.... How does that effect processing times and will I ever know what processing center it was sent to?

Hello everyone,

I have a few questions/concerns...

My husband and I just got married 9/28/2012 and submitted his I-130 the next day. I received a text and email confirming the case had been accepted and we should be getting our NOA 1 in the mail soon. What confused me is this...

"Your case has been accepted and routed to the USCIS National Benefits Center for processing"

What is the NBC?

Will this slow the process?

Does this mean something is wrong?

I wanted to add the processing center to my timeline to get an idea of approval but NBC is not listed. So I am confused as to why our I-130 was sent there. Does this happen to everyone? I am grateful to any help. Thanks

Thank you everyone

His stays outside the US are usually no longer then 1-1.5 months and from the time we get married until he gets his green card there will only be one of those stays (he will hopefully be graduating in Spring '13). He only goes back for testing but the way the school spaces out the tests some times its only one test a week over a month period.

Thank you.

I live in Chicago.....I believe I can send it to the lock box here correct?

I'd like to know if the following is possible or even legal for that matter:

My fiancee is coming to the US under the VWP in Sept. He is staying for 88 days (will have a return ticket for Dec). We have been thinking about marrying while he is here for those 3 months. So is it possible to lets say marry in Sept and file the I-130 while he is still here and also file the I-129F while he is still in the US (well depending on processing times)?

He still plans to leave the US in Dec (he has tests for school he must return for). He would then remain in the Netherlands waiting for either his K3 visa or the IR-1 / CR-1 visa to be approved before returning.

So he does plan to leave the US before the 90 day period but is it legal to file the I-130 and I-129F while he is still here? Or should we wait until he leaves to file them. We are trying to work things out so we are apart the shortest time possible (and no a K1 will not work for us as he needs to be able to travel back and forth for school over the next 1yr while adjusting status).

Any answers would be appreciated