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Hypnos last won the day on February 7 2019

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About Hypnos

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    Is it solipsistic in here, or is it just me?
  • Member # 131060
  • Location Fort Worth, TX, USA

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  • Immigration Status
    Naturalization (approved)
  • Local Office
    Dallas TX
  • Country
    United Kingdom

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  1. This thread amends the prior N-400 Dallas filers thread, a popular topic on the N--400 case reports subforum.
  2. Q1: An I-130 has been filed already. I'm now inside the US, can I file for adjustment of status? Q2: I was visiting my boyfriend / girlfriend and we spontaneously decided to get married. Can I stay and adjust status? A: Provided you did not lie to CBP at PoE or on any previous visa applications (for example: saying you were visiting on business when in fact you were coming to visit a girlfriend / boyfriend / spouse) then, generally yes. It usually goes to intent. You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option. It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista). If you have already filed an I-130 and are now filing an I-485 on top of it, enclose a copy of the I-130 NOA with your adjustment of status packet. Note that your I-130 does not have to have been approved before you can submit an I-485, you can submit an I-485 even if the I-130 is still only pending. Q: On the I-485 part 2, what application type should I select? A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130. If you are adjusting from a K-1 (or K-2) and married on or before the 90th day indicated on your I-94 then you should select Option C. Q: I'm adjusting from a K-1 and already had a medical performed overseas within the past year. Do I need to have another medical performed by a civil-surgeon and get an I-693 completed? A: You may or may not. See Nich-Nick's excellent post which explains if you need to have another medical performed: http://www.visajourn...port/?p=6206232 Q: I entered on a K-1 and married within 90 days, but haven't yet filed for adjustment of status. My I-94 has expired, can I still file? A: Yes. When your I-94 expired then your period of authorised stay ended and you became illegally present in the US, incurring overstay. A spouse of a US citizen is an immediate relative though, and as such, overstay does not prevent them from adjusting status. You must only have entered the country legally, not necessarily maintained your nonimmigrant status. As soon as USCIS accept your I-485 for processing then your overstay clocks stops (if you filed after your I-94 expired) and you are placed in a new period of authorised stay which will persist until your I-485 is adjudicated, however long that takes. Q: I'm filing an I-765 with or after my I-485. What eligibility category code should I use? A: C-9. Q: I didn't apply for an EAD or AP with my initial AoS application, can I still do so? Is the fee still waived? A: Yes, you can. Complete an I-765 and / or an I-131 and include a copy of the receipt NOA for your I-485 showing that you have paid the I-485 fee and the EAD and AP fees will be waived. Q: My I-485 is still pending, but my AP and / or EAD are about to expire. Can I renew them? Do I need to pay a fee? A: Yes. You should file for a replacement AP and / or EAD 120 days before your current documents will expire, if your I-485 is still pending. Enclose a copy of your I-485 receipt NOA with your renewal applications and your new documents will be processed without charge. Q: Will I have an adjustment of status interview? A: If you're adjusting from a K-1 (or K-2) then accepted thinking indicates you have around a 50-50 chance of actually having an interview. After a month or two you may receive a "Notice of Potential Interview Waiver" in the mail, telling you that your AoS may not need an interview but will take additional months of processing. This notice is not a guarantee that you won't have an interview. You will either just spontaneously receive your green in the mail a few months later, or receive an interview appointment down the road. If adjusting from any other type of nonimmigrant visa (including B-2, F-1, VWP, J-1, H-1B, O-2, and others) then an interview is mandatory. Q1: My I-485 was approved and I received an email stating card production was ordered, then I received a second identical email. What does this mean? Q2: My I-485 went from post-decision activity backwards into approval. Is something wrong? A: No, both of these are normal and happen all the time. USCIS' approval system seems to generate duplicate notices or reverse notices on a regular basis. It's nothing to worry about. Q: I have further questions not answered here, where should I post them? If adjusting from a K-1 (or K-2) you should post in the "Adjustment of Status From Family-Based Visas" board here: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/ If adjusting from any other type of nonimmigrant visa you should post in the "Adjustment of Status From Work, Student, and Tourist Visas" board here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/ Q: Thanks for making this FAQ, Hypnos. You're awesome. A: That's not a question. And yes, I am. Thanks to KayDeeCee, Harpa Timsah, Nich-Nick and Kathryn41 for their input and contributions to this FAQ.
  3. I wondered if there was any interest here in having me write up a guide for widow/er immigrant visas and AoS. This is something I know a little about, and the existing stickied thread on the Effects of Major Changes forum here: http://www.visajourney.com/forums/topic/293551-change-of-status-as-widower/ is a little out of date. If I wrote something to help anyone else unfortunate enough to find themselves in a similar situation, would that be ok? Granted it's a niche area, but I would have appreciated finding something like it a year ago, where I had to pretty much fend for myself.
  4. After recently receiving my social security card (my I-485 is still pending, so I used my EAD to obtain the SSN) I tried to open a new bank account at the online bank Perkstreet. As part of the process, they asked for a copy of my social security card "for verification", which I supplied. A couple of days later I received a notice in the mail, stating that they "could not open an account at this time", due to "bank policies" preventing their acceptance of "a tax identification number that is 'Valid for Work Only with DHS Authorization'". Needless to say, I am not happy about this. 1) They stated I provided a "tax identification number" (presumably meaning an ITIN, whereas I actually provided a social security number and card). 2) Isn't this discriminatory against immigrants? I am applying for an online debit card and checking account. There is no credit check, so my lack of credit history should not be an issue. I have emailed them asking them to reconsider, and stated that I will file a complaint with the Consumer Help Division of the Federal Reserve, should they continue to refuse to open an account based upon the reason they stated. I am also thinking that it may violate the law prohibiting discrimination against immigrants, although I would need to research that more. I just wondered if anyone else had run into this issue and had experience in resolving it.
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