Hypnos

Thanks for all the well-wishers, once more.
 
I had my oath earlier today (well, yesterday now) in Dallas. There were 110 people being naturalised from 35 different countries, with the most being 23 from India and 24 from Mexico.
 
There was a minor issue where I had to scribble out the name of my home town on the "Signed at" location on the N-445 questionnaire, since I had already filled that in before arriving. The MC announced that only Dallas or Irving was acceptable there, but it was a quick fix.
 
Other than that it was a nice event, with a lot of people there, and friends and family. One of the cops I know from the PD showed up, which was a really nice touch and meant a lot.
 
So, this chapter of my life is now over. Onto the next...

So today I get to give the update I have been hoping to give since all of this nonsense began.
 
I received a flurry of text messages from USCIS this afternoon indicating that my case was updated. Puzzled but hopeful, I began to login to my online account, but before I could do so received a call from a Dallas number. They identified themselves as Officer SomebodyOrOther (I forget the name; I recall it wasn't the person who interviewed me) calling from the Dallas field office. They said they had received my case today, and had seen there was an issue. That she had gone ahead and reversed the denial and approved it, and could schedule me for an oath ceremony next Thursday afternoon, on Valentine's Day, if that would be ok. I said that would absolutely, completely, and totally be fine with me. She said she would mail out a copy of the letter today, and that I should receive it soon. I thanked her, and then called the congressional liaison working my case to let her know what had happened.
 
So... there we are. It's been a rough couple of weeks. I lost about 5 lbs the first week, which I can't say I'm unhappy about since I wanted to lose 10-15 lbs before the police academy begins later this year that I will hopefully (now) be attending, but this wasn't how I had planned on doing it.
 
I just want to say that the system works. And by the system I do not mean USCIS. Everyone who has read VJ for more than 5 minutes knows that USCIS is an inefficient and poorly run federal agency in drastic need of an overhaul. No, by system I mean the checks and balances of oversight of them. I'm not sure whether it was my congressman's office or the CIS Ombudsman that got this reversed. I'm choosing to believe a little of both. But to anyone whose naturalisation eligibility date is approaching, I would strongly urge you to wait just a day or two to head this issue off, unless you enjoy uncertainty and stupidity, in which case have at it.
 
My online USCIS account is currently showing no changes. It still indicates that my application is denied, and there's no oath letter there yet. Perhaps it will change, perhaps it won't. But the older case status site is showing my oath letter was mailed.
 
I'm glad to finally be able to put this behind me. Thanks to all the well-wishers here on VJ who have given public and private messages of support. It has been very much appreciated during what has not been a stellar couple of weeks up to now.

Hindsight is certainly 20/20 isn't it.
 
It's important to remember that this is USCIS' error, not mine. Now, if I knew back then what I know now would I do anything differently? Certainly, I would wait a couple of days, and would urge anyone in a similar situation to do exactly that (that is why I made this post, as a cautionary tale to others). But at the end of the day, this is on USCIS, not me.

I received notification today from the CIS Ombudsman that they had accepted my request for expedited review of my case and had contacted USCIS on my behalf to seek a resolution.

It's going to be far easier to marry and file for a CR-1 than it is to convince them that you aren't married and they should issue your K-1.
 
This is the reason why advice here consistently says to avoid anything that looks remotely like a wedding ceremony when you're pursuing a K-1. And if you absolutely, positively have to do something like that, you don't publicise it. 
 
This is going to be especially true in a western country like Australia, which doesn't have any kind of local culture making this a normal, everyday occurrence there. 

It's possible he has a bar for non-compliance of a deportation order. He should consult with an experienced immigration attorney, as his case is certainly not a DIY one.

USCIS and ICE do not bring cases based on letters, suppositions, hunches, or guesses, but with solid, verifiable proof that will stand up in court. If they are going after his green card then they have obtained, either from his former spouse or from their own investigation, some solid proof that they believe enables them to revoke his green card.
The final decision will be down to an immigration judge, and he will have the opportunity to put his side of the story then. He should retain a competent immigration attorney before that point, if he hasn't already.

Presuming you mean under what conditions the affidavit of support will end at, not until one of the following occurs:
(i) He dies.
(ii) You die.
(iii) He becomes a US citizen.
(iv) He ceases to be an LPR (i.e. his green card is invalidated by an immigration judge or he voluntarily surrenders it).
(v) He can be credited with forty quarters of work by the Social Security Administration (i.e. if he works full time then he would reach this in ten years).
If you mean what is the "conditional" part of his conditional green card, he can file for Removal of Conditions at the designated time without you, provided he can establish that he entered the marriage in good faith, even if it ended in divorce.

You are mistaken. USCIS does not consider it abuse for someone to refuse to file petitions on behalf of an alien, by itself. If there are other patterns of behaviour (physical/mental abuse, etc.) then it can be shown to be a factor, but ipso facto it is not considered to be abuse.
As for the OP, whom I suspect has departed due to his (rightful) castigation earlier in the thread... you criticise your wife for having a fallback plan and so your fallback plan in return is to engineer her deportation from the country? Honestly, this makes you sound like a monster, regardless of what has happened and continues to happen between the two of you.
Anywho... as plenty of others have stated, your wife can file for RoC without you. Let's theoretically suppose that you are able to delay a divorce for a couple of years, but it's ultimately granted (because this isn't the Philippines and we don't keep people married against their will without divorce being an option). Your wife would be out of status from the time her green card expired, but would then be able to file a late RoC application on the basis of a divorce waiver after your divorce was final. RoC via a waiver of the joint filing requirement can be filed at any point up to the alien's removal from the US, even after their green card has expired (I-751 instructions, page 1). Provided she could demonstrate a good faith marriage then she would likely not have an issue obtaining her unconditional ten year green card.

Hindsight is certainly 20/20 isn't it.
 
It's important to remember that this is USCIS' error, not mine. Now, if I knew back then what I know now would I do anything differently? Certainly, I would wait a couple of days, and would urge anyone in a similar situation to do exactly that (that is why I made this post, as a cautionary tale to others). But at the end of the day, this is on USCIS, not me.

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.

The I-485 instructions explicitly state that photocopies of certified copies are acceptable. Just make sure you take an original certified copy to your interview (if you have one).

Yes, it is the number in red on the visa. You should include all letters and numbers of that colour.

Those I-9s rarely reach DHS. They are just usually held by the company and then if they are audited by DHS they then have to turn them over. 
 
If anything ever happens you can explain it at that time, but it's highly, highly unlikely. 

So I became an LPR on 3rd April, 2013. This meant that according to USCIS' filing calculator I became eligible to file an N-400 on 3rd January, 2018 (plus five years minus 90 days). I filed my N-400 online through ELIS at 2:30am, staying up late because I was excited to finally begin this final chapter in my immigration journey.
 
I hit an early roadblock when the receipt NoA for some reason assigned me an N-400 priority date of the previous day, 2nd January. The "application received on" date was correct since it said 3rd January. I posted about it here more than once, and the consensus seemed to be that USCIS would honour the "received" date, not the "priority" date.
 
It took a year of waiting (thanks, Dallas backlog) but I eventually got my naturalisation interview scheduled for 14th January of this year. I dutifully attended, answered all questions and passed all the tests, but was told a decision could not be made. Well the decision was made tonight, and a denial notice popped up in my online USCIS account. The reason? I applied too early. The notice stated that I applied on 2nd January, 2018, and was only eligible to file on 3rd January, 2018. Again, this wasn't mentioned at the interview, and I brought all my emailed ELIS receipts and other documents showing I filed on 3rd January in case they ever brought it up, but they didn't.
 
So it's been a fun night. After a brief period of shouting, loudly, I began to move into attack mode.
 
What I have done so far:
 
1) Emailed the CIS Ombudsman giving them the entire story, receipts with timestamps showing I applied on the correct date, and all that jazz. Unfortunately, I'm pretty sure the Ombudsman is closed right now as part of the partial federal government shutdown, so I'm not really expecting much out of this immediately.
 
2) I'm going to my Congressman's local office tomorrow to give them the story and all the same documents and seeing if they can intercede with USCIS on my behalf.
 
3) Emailed my old lawyer and another lawyer that helped me back in 2013 to see if they can offer suggestions. Not trying to freeload on them; I offered to pay whatever fee they deem reasonable on this, since it's obviously no longer in DIY territory.
 
4) I'll be contacting the two biggest local newspapers, the Dallas Morning News and the Fort Worth Star-Telegram, to see if they're interested in doing a story on this. I figure the more attention I can get on it the more likely I am to get something done.
 
I also have the option of either filing a fresh application, together with its $725 fee and one year wait time, or an N-336 formal appeal of their decision. Fun fact on the N-336: it costs $700 to file, and you will often wait almost as long as it costs to process a new N-400, so they kinda get you coming and going on that one. I'm not ruling anything out yet, but for now I'm hanging my hat on something from 1-4 getting me somewhere on this.
 
So at the end of the day, anyone intending to file for naturalisation on the day they become eligible: DON'T DO IT. Wait a couple of days, then submit. You will avoid all this bull, and can instead deal with some other USCIS bull that will be unrelated to this.
 
Now it's time to write some letters to newspapers and see if I can get anywhere. I will post replies here as to what happens, if anything meaningful does.

I suspect you were likely required to register, since your status as a tourist expired prior to your 26th birthday.
Call SSS tomorrow and ask them to confirm your registration. Many times people's registration does not appear on the online system but their phone agents confirm you are registered.

Expect problems, because on the surface it looks like you married an American in order to evade immigration law and facilitate your children's father's entrance into the US.
Does your current husband know you are planning to divorce him? In order to naturalise under the three year rule you must be living together with your US citizen spouse in a true marital union.

So today I get to give the update I have been hoping to give since all of this nonsense began.
 
I received a flurry of text messages from USCIS this afternoon indicating that my case was updated. Puzzled but hopeful, I began to login to my online account, but before I could do so received a call from a Dallas number. They identified themselves as Officer SomebodyOrOther (I forget the name; I recall it wasn't the person who interviewed me) calling from the Dallas field office. They said they had received my case today, and had seen there was an issue. That she had gone ahead and reversed the denial and approved it, and could schedule me for an oath ceremony next Thursday afternoon, on Valentine's Day, if that would be ok. I said that would absolutely, completely, and totally be fine with me. She said she would mail out a copy of the letter today, and that I should receive it soon. I thanked her, and then called the congressional liaison working my case to let her know what had happened.
 
So... there we are. It's been a rough couple of weeks. I lost about 5 lbs the first week, which I can't say I'm unhappy about since I wanted to lose 10-15 lbs before the police academy begins later this year that I will hopefully (now) be attending, but this wasn't how I had planned on doing it.
 
I just want to say that the system works. And by the system I do not mean USCIS. Everyone who has read VJ for more than 5 minutes knows that USCIS is an inefficient and poorly run federal agency in drastic need of an overhaul. No, by system I mean the checks and balances of oversight of them. I'm not sure whether it was my congressman's office or the CIS Ombudsman that got this reversed. I'm choosing to believe a little of both. But to anyone whose naturalisation eligibility date is approaching, I would strongly urge you to wait just a day or two to head this issue off, unless you enjoy uncertainty and stupidity, in which case have at it.
 
My online USCIS account is currently showing no changes. It still indicates that my application is denied, and there's no oath letter there yet. Perhaps it will change, perhaps it won't. But the older case status site is showing my oath letter was mailed.
 
I'm glad to finally be able to put this behind me. Thanks to all the well-wishers here on VJ who have given public and private messages of support. It has been very much appreciated during what has not been a stellar couple of weeks up to now.

So today I get to give the update I have been hoping to give since all of this nonsense began.
 
I received a flurry of text messages from USCIS this afternoon indicating that my case was updated. Puzzled but hopeful, I began to login to my online account, but before I could do so received a call from a Dallas number. They identified themselves as Officer SomebodyOrOther (I forget the name; I recall it wasn't the person who interviewed me) calling from the Dallas field office. They said they had received my case today, and had seen there was an issue. That she had gone ahead and reversed the denial and approved it, and could schedule me for an oath ceremony next Thursday afternoon, on Valentine's Day, if that would be ok. I said that would absolutely, completely, and totally be fine with me. She said she would mail out a copy of the letter today, and that I should receive it soon. I thanked her, and then called the congressional liaison working my case to let her know what had happened.
 
So... there we are. It's been a rough couple of weeks. I lost about 5 lbs the first week, which I can't say I'm unhappy about since I wanted to lose 10-15 lbs before the police academy begins later this year that I will hopefully (now) be attending, but this wasn't how I had planned on doing it.
 
I just want to say that the system works. And by the system I do not mean USCIS. Everyone who has read VJ for more than 5 minutes knows that USCIS is an inefficient and poorly run federal agency in drastic need of an overhaul. No, by system I mean the checks and balances of oversight of them. I'm not sure whether it was my congressman's office or the CIS Ombudsman that got this reversed. I'm choosing to believe a little of both. But to anyone whose naturalisation eligibility date is approaching, I would strongly urge you to wait just a day or two to head this issue off, unless you enjoy uncertainty and stupidity, in which case have at it.
 
My online USCIS account is currently showing no changes. It still indicates that my application is denied, and there's no oath letter there yet. Perhaps it will change, perhaps it won't. But the older case status site is showing my oath letter was mailed.
 
I'm glad to finally be able to put this behind me. Thanks to all the well-wishers here on VJ who have given public and private messages of support. It has been very much appreciated during what has not been a stellar couple of weeks up to now.

So today I get to give the update I have been hoping to give since all of this nonsense began.
 
I received a flurry of text messages from USCIS this afternoon indicating that my case was updated. Puzzled but hopeful, I began to login to my online account, but before I could do so received a call from a Dallas number. They identified themselves as Officer SomebodyOrOther (I forget the name; I recall it wasn't the person who interviewed me) calling from the Dallas field office. They said they had received my case today, and had seen there was an issue. That she had gone ahead and reversed the denial and approved it, and could schedule me for an oath ceremony next Thursday afternoon, on Valentine's Day, if that would be ok. I said that would absolutely, completely, and totally be fine with me. She said she would mail out a copy of the letter today, and that I should receive it soon. I thanked her, and then called the congressional liaison working my case to let her know what had happened.
 
So... there we are. It's been a rough couple of weeks. I lost about 5 lbs the first week, which I can't say I'm unhappy about since I wanted to lose 10-15 lbs before the police academy begins later this year that I will hopefully (now) be attending, but this wasn't how I had planned on doing it.
 
I just want to say that the system works. And by the system I do not mean USCIS. Everyone who has read VJ for more than 5 minutes knows that USCIS is an inefficient and poorly run federal agency in drastic need of an overhaul. No, by system I mean the checks and balances of oversight of them. I'm not sure whether it was my congressman's office or the CIS Ombudsman that got this reversed. I'm choosing to believe a little of both. But to anyone whose naturalisation eligibility date is approaching, I would strongly urge you to wait just a day or two to head this issue off, unless you enjoy uncertainty and stupidity, in which case have at it.
 
My online USCIS account is currently showing no changes. It still indicates that my application is denied, and there's no oath letter there yet. Perhaps it will change, perhaps it won't. But the older case status site is showing my oath letter was mailed.
 
I'm glad to finally be able to put this behind me. Thanks to all the well-wishers here on VJ who have given public and private messages of support. It has been very much appreciated during what has not been a stellar couple of weeks up to now.

That is an absolutely terrible idea. 

I would never make a flat recommendation to never use or consult with an attorney. Not everyone's case is straightforward, and sometimes competent legal assistance can assist greatly. I have no idea whether the OP's case is one of them, but a flat recommendation to never use a lawyer is poor advice.

You're right. There is nothing stopping it from happening a second or third time. It is a complete nonsense that USPS are not held responsible for their deficiency when they mis-deliver such an important document of this magnitude.
Instead, they stick the bill onto the alien, who has absolutely no recourse. People should be fired over this.
And to end my rant: Yes, it usually requires a biometrics appointment if you do not have valid biometrics on-file (previous captures are valid for 15 months).
The only time USCIS will replace your green card without a fee is if they make a verifiable mistake, or if USPS does not show the green card as "delivered". If it is shown as "delivered" - even to somebody else - you're screwed.

I suspect that if USCIS did everything they were meant to and didn't do things they shouldn't, 2/3 of VJ's forum traffic would vanish overnight. 

Hindsight is certainly 20/20 isn't it.
 
It's important to remember that this is USCIS' error, not mine. Now, if I knew back then what I know now would I do anything differently? Certainly, I would wait a couple of days, and would urge anyone in a similar situation to do exactly that (that is why I made this post, as a cautionary tale to others). But at the end of the day, this is on USCIS, not me.