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Hypnos

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  1. Like
    Hypnos got a reaction from Adventine in Widower of US Citizen   
    I am sorry for your loss.
     
    As stated, you qualify to receive an IW-6 immigrant visa through your wife.
     
    I received my green card through being the widower of a US citizen. I also wrote VisaJourney's AoS for widow/er guide on the subject. It's not really aimed at the immigrant visa route, though it's a similar process, just done from overseas.
     
    Feel free to PM if you feel the need. This isn't a route that many people have gone through.
  2. Like
    Hypnos got a reaction from Faith2020 in Widower of US Citizen   
    I am sorry for your loss.
     
    As stated, you qualify to receive an IW-6 immigrant visa through your wife.
     
    I received my green card through being the widower of a US citizen. I also wrote VisaJourney's AoS for widow/er guide on the subject. It's not really aimed at the immigrant visa route, though it's a similar process, just done from overseas.
     
    Feel free to PM if you feel the need. This isn't a route that many people have gone through.
  3. Like
    Hypnos got a reaction from Chancy in Widower of US Citizen   
    I am sorry for your loss.
     
    As stated, you qualify to receive an IW-6 immigrant visa through your wife.
     
    I received my green card through being the widower of a US citizen. I also wrote VisaJourney's AoS for widow/er guide on the subject. It's not really aimed at the immigrant visa route, though it's a similar process, just done from overseas.
     
    Feel free to PM if you feel the need. This isn't a route that many people have gone through.
  4. Like
    Hypnos reacted to Just Paul in Widower of US Citizen   
    You can self petition for an immigrant Visa to the US with the two years following her death.  File the I-360.
  5. Like
    Hypnos got a reaction from DistressedWife in my case returned to uscis   
    Usually around 3-6 months for USCIS to either re-affirm or issue a NOIR.
  6. Like
    Hypnos got a reaction from NDB052714 in selective service   
    As stated by myself and others, if you apply before turning 31 then your N-400 will most likely be denied due to failing the 'good moral character' test by not registering for Selective Service when you were required to. 
     
    I've only ever seen one person overcome this denial, and they had letters from their pastor, from charities they volunteered and worked for, and a few other things that was able to overcome the lack of Selective Service registration. 
  7. Like
    Hypnos got a reaction from MASH in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    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.
  8. Haha
    Hypnos got a reaction from DELETEME1234 in Rejection notice (Extra Remittance)   
    I was with you on the second sentence all the way up to "USCIS".
  9. Thanks
    Hypnos got a reaction from nelmagriffin in NVC asking for W-2 form   
    A transcript is a superior document for the reasons stated above. 
     
    Obtain one from the IRS and send that to the NVC instead. 
  10. Like
    Hypnos reacted to Lemonslice in Missing return to US of GC holders for over 1 year due to virus   
    1) there is ban in US on entering people from the country they are now - Permanent residents are not banned from coming back to the US.  They might have to self quarantine.  
  11. Like
    Hypnos got a reaction from milimelo in 2yr stamped Instead of 10years   
    Wait to see what the green card says when you receive it. They may fix the error by themselves and issue you an unconditional ten year green card, as they should. 
     
    If you instead receive a two year conditional green card then you should file an I-90 seeking a corrected green card on the basis of a USCIS error. There would be no fee for doing so, and you could file online if you wished. 
  12. Thanks
    Hypnos got a reaction from TravelingLilly in Canadian visiting US spouse. is adjustment of status possible?   
    "In the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain. Matter of Cavazos, Int. Dec. 2750(BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981)."

    In your case, I would be concerned that you were already refused entry once, so clearly CBP suspected that you might attempt to do exactly what you are considering now (immigrate to the US on a nonimmigrant visa through filing for AoS). That being said, you would probably be ok to file for AoS, but it's always a risk.
  13. Like
    Hypnos got a reaction from TravelingLilly in Canadian visiting US spouse. is adjustment of status possible?   
    Intent alone cannot be used as a basis for denial if it's the sole negative factor. That being said, filing for AoS is always a risk; filing for an immigrant visa is the cleanest option, but ultimately it's up to you. 95% of people seem to AoS without issue, but there are always the horror stories that crop up from time time.
  14. Like
    Hypnos got a reaction from Rocko20 in Left US before conditional green card expired. Can i get it back if i file under vawa even if im already back to my home country?   
    The why is unimportant; she is entitled to as a matter of law, if she can prove a bona fide marriage and abuse.
    I've seen the same question asked of widows and widowers of US citizens (myself being one of them). Frankly, it's no one else's damn business.
  15. Like
    Hypnos got a reaction from Dashinka in Applying Green card for mother while she is here on visit visa   
    You would need to concurrently file an I-130 and an I-485, and their supporting forms and documents.
  16. Like
    Hypnos got a reaction from St3phsm07 in General FAQ: Filing for Adjustment of Status   
    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.
  17. Like
    Hypnos got a reaction from Mike E in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    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.
  18. Like
    Hypnos got a reaction from jamrep in Update in Social Security after Naturalization   
    You can visit any SSA office.
  19. Like
    Hypnos got a reaction from Miracle Child in General FAQ: Filing for Adjustment of Status   
    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.
  20. Like
    Hypnos got a reaction from randomstairs in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    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...
  21. Like
    Hypnos got a reaction from vocal in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    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.
  22. Like
    Hypnos got a reaction from JACKP in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    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.
  23. Like
    Hypnos got a reaction from Suze1 in Preconceived Intent to marry and adjust status   
    - Entering the US on a nonimmigrant visa with the preconceived intent to remain is visa fraud.
    - Intent alone cannot be used to deny an application for adjustment of status in the absence of other negative factors.
    Both of these statements are true, and one should not be considered without the other. Some people like to read the first and forget the second, some people like to forget the first and read the second, but it's a package deal.
  24. Like
    Hypnos got a reaction from PRC Rabbit in Is AOS denial common?   
    In the absence of negative factors, AoS is usually granted as a a matter of course, although it is technically a discretionary benefit.
  25. Like
    Hypnos reacted to geowrian in Can I buy my flight ticket before the k1 Visa interview?   
    Can you? Sure. They will gladly accept payment.
    Is it wise? No. Things can happen - both in getting the visa (missing documents, extended AP, etc.), delivery of the visa/package (they can get damaged), and even with the visa itself (wrong information on it).
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