hollyvan

I have the same problem. send the same documents twice and they still say I missing stuff.

Thank you very much for your reply CBO. It really helps.

Part 3, Item 2 can be confusing, I wasn't sure whether I should treat them separately or not.

Hello everyone, please help me out. I am having trouble with the I-864 form, this is the second time they send me the checklist. I have tried to call the NVC and I dialed like 50 times and it have been always BUSY, and my husband emailed them before and it takes us two month to get a reply and it was not help.

My husband is the petitioner, we are applying both of his parents to US. We also have one kid.

Here is the information on the I-864 Checklist of my mother in law's case:

In Part 3, Information on the Immigrant You are sponsoring, Please correct the following:

[X] Items 2 through 6.f. this case's visa category does not allow accompanying family members; therefore, you cannot list family members in this section.

[X] Item 7. The total number of immigrants listed in Item 7 must equal the number of immigrants listed in Part 3, Items 1 through 6.f. In addition, you must also verify that the total number of immigrants listed in Item 7 matches the number you entered in Part 5 Item 1.

In Part 5, Sponsor's Household Size, please correct the following:

[X] Item 1. The number of Sponsored persons must match the number listed in Part 3, Item 7.

Here is the information on the I-864 Checklist of my father in law's case:

In Part 3, Information on the Immigrant You are sponsoring, Please correct the following:

[X] Items 2.a. through 6.f. You must list any spouse or children the principal applicant said would accompany him or her to the US on the IV application.

[X] Item 7. The total mumber of immigrants listed in Item 7 must equal the number of immigrants listed in Part 3, Items 1 through 6.f. In addition, you must also verify that the total number of immigrants listed in Item 7 matches the number you entered in Part 5 Item 1.

In Part 5. Sponsor's Household Size, Please correct the following:

[X] Item 1. The number of sponsored persons must match the number listed in Part 3, Item 7.

On both of their I-864 Form,

In Part 3, Item 1. I check " Yes"

Item 2. I Check " I am sponsoring the following family members immigrating at the same time or within 6 months of the principal immigrant named in Part 2. Do not include any relative listed on a separate visa petition."

Item 2.a. through 2.f. I list my mother in law's information on my father in law's I-864 form.

and

I list my father in law's information on my mother in law's I-864 form.

Item 7 The total number of immigrants you are sponsoring on this form from Item 1 through 6 is " 2"

In Part 5, Item 1. I entered "2 "

So my Questions are :

1. Should I list the information of the spouse in each other's I-864 in Part 3. Item 2.a. through 2.f,

2. Item 7 should I put "2" or "1" ?

3. Is it wrong that our Household Size should be :

2 immigrant + my husband + me + one child = 5

I know this post is kind of long, thanks very much for your patience to read the whole post. Please help me.

Tried 50 times this morning, and always Busy. Give up already.

I have the same problem, I paid the AOS fee long time ago and the NVC keeping replying me through mail saying that they haven't receive the fee. But I check online my payment status is " paid".

And I try to call NVC today, they NEVER answer the phone. It's always busy. I am so surprised that your guys call was answered.

Hi guys,

I think I may have a big problem with my interview.

It says on the notice that I need bring my petitioner's birth certificate, but my husband is born in mainland of China and it takes weeks to obtain the birth certificate and mail to US and my interview will be Feb. 20

Is it gonna be a problem if I don't bring my husband's birth certificate to the interview?

Wait till you get yer NOA-1 , formletter I-797C.

Inside of it, there's a receipt #.

The receipt # is tied to the location for the service center.

Give it a month or so, aye?

When you get it, update yer timeline then.

Actually I have got the I-797C in October, 2012. And I got the EAD two weeks ago.

Sorry that I didn't update the timeline.

How is the receipt # related to the location of the service center?

I lives in California, is that means my case is in the California service center?

6 month is soon enough.

I sent my case in October 2012, it's been 3 month. I wish I could get my before May

Hello guys,

I have filed my I-130 and I-485 together to the Chicago Lockbox. But when I using the online processing time estimate tool, there's only 3 options- California service center, Vermont Service Center and Texas service center.

Which one should I use? Can someone help me?

I have the same situation as you. The good thing is that I got the EAD.

It have been more than one month since the online status changed to "Schedule for interview", I hope the notice letter can come earlier.

My F-1 visa was expired before I apply for Green Card.

I haven't submit the application for I-130 and I-485 yet.

Right now, my status is F-1 visa expired.

So I am wondering If I travel with AP before the GC arrived, will I be banned?

as far as my understanding goes, your status during AoS is pending, not expired. You should be fine using AP, but SOMEBODY PLEASE CORRECT ME IF I'M WRONG.

I applied for OPT as well. Not sure about the USCIS office, but all the other information should be on your old EAD for OPT. Just put your start date as when you applied.

Thank you.

What does AoS mean?

I didn't file the application for I-130 and I-485 yet.

I see your timeline. Your application only takes 85 days, that's really fast!! I hope mine won't take very long.

In your I-765 did you just tell them you not sure about the USCIS office and they issue you the new EAD?

1. No you do not have to file the forms at the same time as the I-485 to waive the fee. As long as you include the NOA for your I-485 with the applications for I-765 and I-131, you waive the fee because you're showing that you did apply to adjust status and that the 131 and 765 fees are waived with it.

2. You never have immunity. The I-131 allows you to travel outside the US while your petition for AoS is pending, but USCIS never guarantees your reentry. You shouldn't have an issue though, using your I-131 Advance Parole to reenter. You are 99% guaranteed to be let in.

3. Yes the EAD comes before the GC. It varies across different cases. Some have it quick, others don't. Your EAD and AP (I-131) comes as a combo card if you applied for both with your I-485 application. Yes you can apply for a driver's license and SSN with your EAD.

Thank you for your reply.

Just want to make sure, for the second question, did you mean even my status is expired,with AP I still don't have an issue when entry US and it is 99% guaranteed?

And I have another question, the I-765 needs the information of previous EAD, such as which USCIS office and when did I filed the last EAD application.

I have applied EAD when I graduated from school, it is called OPT.

I couldn't remember when and which USCIS office did I file the application.

If I just fill in "I forget" in these two spaces, will the USCIS deny my application for the EAD?

I am in US right now under F-1 visa, and applying for green card and adjustment of status.

I will file the application as married.

My status is expired right now, so is my driver license.

I think it might takes more than 6 months to get the Green Card.

So if I apply for EAD together, the EAD will comes earlier than the GC, then I will able to apply for the Driver License.

And I also have the question about the I-131 as posted above.

Hello everyone, I am in US right now and preparing for filing I-130 and I-485.

1)

While I was reading the instructions for Form I-485, I realize there is no filing fee for I-765 and I-131 if I file together with I-485.

Is it mean I have to file the I-765 and I-131 at the same time with the I-485 if I want to waive the filing fee？ And I file these two forms sometime later after I file the I-485 then I have to pay fees for them?

Because I want to go back home early next year and can't decide when but in the form I-131 I need to file in the date I planning to travel.

2）

My status have expired and I applied the I-131 travel back to my home country, is it possible I will be deny of entry when I go back to US?

My husband and our 3 month son are US citizen, will this kind of situation give me some immunity?

3)

If I file I-765 together with I-485 and I-130,the EAD will comes before the Green Card, right ?

normally how long will I get the EAD ?

If I get the EAD can I apply for the Driver License, SSN ?

You may write "expired" under current status and what visa you entered with where it asks how you entered US.

P.S. F-1 is a bit complicated status. F-1 statues don't normally have expiration dates (there is no fixed date on stamped I-94 form , just a "D/D" meaning valid for the duration of the status). And it's I-94 that shows duration of your status in US not a Visa stamped in the consular office.

There is a lengthy memo dating back to 1996 or 1997 where consular officials are being instructed how to interpret it under then new immigration reform law. I am not a lawyer and not sure I understand it fully, but I think what is designated as the period authorized by AG still remains in effect until after finding is made by legacy INS that the student is out of the status. It's thus possible to simultaneously be out of status yet to be considered under "authorized by AG" period (which prevents one from becoming illegal).

This interpretation of law, though, is probably meaningless since 2002 as new laws were passed obliging all school to immediately report to USCIS any student who no longer has a valid status at the school (it used to be voluntary procedure and many schools routinely were failing to send INS proper forms/letters about students completing/finishing/leaving the school etc.)

In any event. it's immaterial to you when you are dealing with I-485 and it doesn't make any difference what your actual, perceived, technical and legal status is as long as you have entered with a valid visa and held valid status at some point and are not subject to any bars other than 9(B).

Thanks for your reply.

I think maybe I should use the expiration date of the OPT.

And do you mean no matter what date I use as the expiration date of my status, it won't make much difference or problem to my application?

Sounds like you were in USA on other type of entry visa. Why not start at the beginning and make it easy for you to get help. It seems is makes a difference how and what you apply for if you are transitioning from visa to marriage I130 (i485). If you graduated 2 years ago are you out of status?

I was holding a F-1 visa when entered USA. And now I am out of status.

Now my husband is applying Green Card for me.

I am USA now. That's why I need to file I -485 with the I -130.

Can any body help me with the I -765 question?

"F-1, Expired" with the date as the date you went out of status on (probably the OPT expiry date).

Thank you.

I guess that will be my OPT expiration date.

The thing is if you didn't work during the OPT, the OPT will expired 90 days after it is started, if you kept working it will be expire in one year.

In my case I didn't work, so my expiration date would be "90 days + the day it started" ?

Hello everyone, I need some help with I -765.

I am preparing my application for the green card, I have all the material prepared except I -765, because it needs th information and proof of the previous EAD in my case it will be the OPT card. But I have lost mine, the USCIS customer service told me I have ask my school to give me a copy of the proof of the previous case.

But it takes my school so long to get the original files, because I have already graduated for two years and they moved them to an large warehouse.

I already waiting for their response for a month and they don't know how long I need to keep waiting.

I was planning file I-765 with I -130 and I -485, because there will be not filling fee. But actually I probably will be stay at home take care of the baby instead of go out and working.

And I hope I can file he application as soon as possible.

Do I need to file I -765 with other forms now if I don't need to work ? Because someone told me that I can apply for driver license and etc after the I -765 is approved and before the Green Card is issued. And my legal status is expired so don't have a driver license, and it is better for me to get one ASAP

My wife never changed anything in China. Chines passport stayed the same, just GC, DL and social security reflect married name with her last as middle. You can easily change everything at the time of ROC without the in between fees between the cards. Example if at the ROC stage he puts her married name for the ROC green card 10 yr, when it comes back to you, then go change social and DL bank etc. easy then just takes time.

Thanks. This way sounds easier. Good to know that

I am submitting the application now and I have the same problem.

If I don't change the name on passport, I can still use the married name on my driver license and SSN and all I need is to show them my marriage certificate?

The name on the GC will be the same name on the visa - so if your name on your passport is your maiden name - your visa and GC will have it too.

If it's easy to change your name in your passport and you have time before your interview, it's not a bad idea to get it done now. You can change info on a GC at a later time, but it costs upwards of $450, via Form I-90.

Thanks for telling me that. It's very useful information.

Changing name looks like make things complicated. If I change name on the passport means I change my name in China. And name changing in China is far more complicate than $450 and submitting a form.

Maybe it's a better way to change the name when I naturalized ? But if I do this way I can't use the husband's family name before that right? Because it's not the name show on my Green Card.

You can use whatever name you want, but your visa will be issued with the name in your passport.

Thanks for your reply.

How about the name in the Green Card? I am wondering whether I need to change my last name to my husband's on the Driver license and bank account , etc.

Thanks to all of you.

I have called the USCIS customer service, and those people are not very helpful.