Allanah and Chris

We ran into troubles with this when buying our home in January on the expired GC + extension letter. It was unbelievably frustrating. They asked ridiculous questions like, "well how can you work if your green card is expired?" ...because our immigration system makes about as much sense as putting teeth in biscuits (sure, teeth helps you eat food...but you would not put teeth in your food!).

The good news: you CAN and should get a loan with the appropriately favorable terms, regardless of your spouse's immigration status. We did, it just took some time.

My advice:

• Educate them on the process. Americans have gone beyond idiotic about immigration and especially the I-751 process. Even those whose jobs require them to be educated on the process have nary a clue. You will hear things like, "you are not a permanent resident if your green card can expire". Or, "we need to see her work authorization and green card." Sigh.
   
• Contact your congresscritter for backup. The Fair Housing Act makes it roughly illegal for a lender to discriminate against your spouse due to their immigration status. The general counsel for my congressman was willing to go to the CFPB on our behalf if the lender did not get their act together. I mentioned this on the phone and the underwriter was very receptive to "learning" about the immigration process.
   
• Provide for them the documentation you would normally provide at the border (i.e. your GC/ext letter/I-551 stamp, your case number, etc). Provide an explanation for this documentation, as you probably normally have to because nobody has a clue.
   
• At some point they are going to ask, "well when will you know?" or "when is your interview?" ...give them a look, but try to avoid saying, "how about you call the USCIS and see where that gets you," and try to hold back and not to let on you are incredibly frustrated by their lack of understanding of simple things like, "queues". We provided the USCIS Ombudsperson's 2016 report and highlighted their findings on the I-751 massive delays (here is an excerpt from our letter to the underwriter):
   
  The Citizenship and Immigration Services Ombudsman Annual Report 2016 covered this awkward position we've been placed in (pp. 78):

  ...
  Delays in adjudication cause substantial problems for petitioners and their families because USCIS does not provide them with sufficient documentation of their lawful status.[616] Some petitioners are unable to pursue job opportunities because they are reluctant to seek employment with an expired green card and a receipt notice referencing a 1-year extension of status, or obtain or renew drivers’ licenses or in-state college tuition. A petitioner must attend an Infopass appointment at a local USCIS field office to obtain a stamp showing their continued conditional permanent residence status. 
  ...
  --
  616. Upon filing Form I-751, VSC or CSC issues a receipt notice to the petitioner that extends the conditional residency period for 1 year. The petitioner may use the receipt notice, together with the expired green card, to show continued work authorization and permission to travel while the I-751 petition is pending. USCIS does not automatically issue additional 1-year extensions. See USCIS Policy Memorandum, “Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence” (Dec. 2, 2003); https://www.uscis.gov/sites/default/files/USCIS/ Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2003/ crextensn120203.pdf (accessed on Mar. 15, 2016). 

Added our details.

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved

MZA001................06/01/16......06/03/16......06/30/16......--/--/--

LEENNAKONDOR..........06/03/16......06/06/16......--/--/16......--/--/--

LONGTRIP..............06/03/16......06/06/16......--/--/16......--/--/--

CORONITA98............06/06/16......06/08/16......07/07/16......--/--/--

OBSERVATORKA..........06/07/16......06/08/16......07/07/16......--/--/--

MADDY007..............06/08/16......--/--/16......--/--/16......--/--/--

DOMWARDBOUND..........06/09/16......06/13/16......07/05/16......--/--/--

MALEALPHA.............06/09/16......06/10/16......07/06/16......--/--/--

XAKASEANX.............06/11/16......06/13/16......07/15/16......--/--/--

CRESH_20..............06/13/16......06/13/16......07/15/16......--/--/--

RSHREE................06/14/16......06/17/16......07/12/16......--/--/--

AMORVERDADERO.........06/16/16......--/--/16......--/--/16......--/--/--

DJ&L..................06/17/16......06/20/16......07/14/16......--/--/--

COREY&GUYVENS.........06/20/16......06/22/16......07/22/16......--/--/--

BABSLOBLAW............06/20/16......06/21/16......07/13/16......--/--/--

HELLOSTRANGER57.......06/20/16......06/21/16......07/18/16......--/--/--

MINEIRA...............06/20/16......06/24/16......07/13/16......--/--/--

ANUBABES268...........06/23/16......06/27/16......07/20/16......--/--/--

SPARKYSIMES...........06/21/16......--/--/16......07/19/16......--/--/--

ASHIRAZ...............06/22/16......06/28/16......07/25/16......--/--/--

ROSE&JORGE............06/24/16......06/27/16......--/--/16......--/--/--

Vermont Service Center (17 applicants, 0 approved - 0%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved

UHOH..................06/02/16......06/08/16......07/05/16......--/--/--

KEV&MANDA.............06/03/16......06/06/16......07/13/16......--/--/--

OLGA T................06/04/16......06/07/16......07/15/16......--/--/--

LITTLE FOX............06/04/16......--/--/16......--/--/16......--/--/--

DAY144................06/07/16......06/09/16......--/--/16......--/--/-- (divorce waiver)

SHERRY AND DANIEL.....06/08/16......06/10/16......07/14/16......--/--/--

SARAH86...............06/09/16......06/10/16......--/--/16......--/--/--

YELSIOY...............06/10/16......06/14/16......07/12/16......--/--/--

SASHY.................06/10/16......--/--/16......07/11/16......--/--/--

SUBWAYGUY.............06/13/16......06/16/16......07/14/16......--/--/--

PRETTYJACKIE..........06/13/16......06/16/16......07/12/16......--/--/--

SUNSHINESAM...........06/13/16......06/17/16......07/21/16......--/--/--

ANDROMEDA1............06/14/16......06/16/16......07/20/16......--/--/--

ERICA&LILY............06/17/16......06/20/16......07/21/16......--/--/--

ALLANAH&CHRISTOPHER...06/17/16......06/24/16......07/25/16......--/--/--

BRUINS................06/20/16......06/25/16......07/19/16......--/--/--

RHEAD.................06/24/16......06/27/16......07/29/16......--/--/--

MARHABA…..............06/25/16......06/27/16......--/--/16......--/--/--

We gave ourselves quite a bit of time (you can see from my signature below), having an intimate family wedding on short notice after POE and planning a large reception (+cerephony) five months later.

MTL is slow, but predictably so (1-3 weeks for the MTL number, 1-2 weeks to process packet 3, 80-120 days until interview, 1-2 weeks for the card). You can be reasonably assured that 6 months from MTL issuing you a case number to receiving your visa is a worst case. This presumes you have nothing funny going on with your visa, your I's are dotted, your T's are crossed, and you've paid in full and on time. However, this is much like horse shoes or hand grenades...its been known to be worse.

We never received any physical documents from MTL, ever. We did get a packet 4 email, but nothing else from them.

Be proactive and do it on your own!

Annnd done, GC in hand 195 days from filing for AOS. (586 days from filing the K1.)

AOS Completed! Here's my timeline:

AOS

02.25.14 NOA1 for AOS, EAD & AP

03.xx.14 RFE (mid-March)

03.21.14 Biometrics

04.21.14 RFE docs received & AOS case touched

05.22.14 EAD/AP approved

05.31.14 EAD/AP received

06.09.14 Notice of Potential Interview Waiver Case (projected additional wait of 6 months)

07.30.14 Notice that my Permanent Resident status has been registered!!!

08.05.14 Card/Document Production

08.07.14 GREEN CARD IN HAND =)

Good luck to all the February filers =)

You beat us by a week on the Production message! Congratulations!

Thought I'd update since I was all butthurt last week about not having any touches/updates on my EAD/AP applications in 3 months...

I received two text/emails notifications on the 22nd saying they were both approved (93 days from NOA1).

Now onto the wait for the Green Card!

...

Wow, we must have got into Raleigh just in time for our EAD/AP, didn't have quite that wait. However, I think we'll be in the same boat as you guys for the GC.

Hey thanks for the info!! Raleigh is my office (although the office is in Durham, just outside of Raleigh). That makes sense for the Green Card, but what I'm really waiting on is my EAD/AP. Which has yet to be touched since the initial NOA. Seemingly odd since they are processing those cards within 3months (unless I am mistaken?!).

I never thought I'd be begging to work, but damn! Haha.

We did biometrics in Durham the 4th of March and got the EAD/AP combo card the 14th of April, you should get the card soon!

As for your GC...we just received a letter today, postmarked 14 May 2014, that our case is "currently pending" and will be delayed "approximately 6 months from the date of this letter." So yeah...I think the Durham office is a bit behind!

I was going to mention that, but I didn't think all crossings did that. I know they were working towards sharing data at the borders, but I thought I had read a year ago that they were only doing this at 4 crossings and only for citizens other than US and Canada. Now that I'm looking back through the articles on this, it looks like the second phase started last June, which was to start setting up all crossings for data sharing, but it still looks like they share just foreigners other than Americans/Canadians.

http://www.cbsa-asfc.gc.ca/btb-pdf/eeis-ponerep-sdes-rappun-eng.html

I thought Phase II included LPR's as well, but I may be mistaken.

Hi!

I need your help. I need to visit my family urgently, but the reason doesn't warant expediting the advance parole.

I got the text saying the application was received on February 12th, the online check says it is in "initial review".

Is there anyone that has applied for AP during the same timeframe? Or shortly before me and can give me any insight (the processing times online are between 2 and three months, which would make a huge difference for me.)

To my knowledge it is processed in Vermont, I am located in Florida.

Thank you.

Check out our timeline, ours got in a week or so before you and we were done in 68 days. Have you had your biometrics yet?

How long is it taking to get employment authorization back when applying for AOS? We just sent in our forms today (Chicago lockbox). We are hoping that the employment authorization will come before the Permanent Residency (green card).

68 days for us. Your mile may vary.

My daughter switched to Virgin Mobile USA - if you're in their coverage area (I believe they're part of AT&T as well or T Mobile) you cannot beat their plans - $55 +tax per month for unlimited everything - text, data and voice. You can go with $35 or $45 also depending on your voice needs. You pay for the phones outright of course. They offer the latest Apple phones and relatively recent Androids up to the SIII.

I just got virgin mobile. I am paying $35, unlimited text and data and 300 talk minutes. I got an awesome phone for $80.. the lg optimus f3

We use Virgin Mobile too. It'll save you at least $500 per year (if not more).

As long as Sprint has decent coverage in your area, this is the only real choice.

Every other company is out to make your life miserable (Verizon, AT&T, etc).

I have a LG G2 phone with Rogers right now, if I unlock it can I use it with Verizon or AT&T?

My husband told me Verizon or AT&T will charge me extra because I have no previous "phone credit" in the US. Is this true?

Never ever heard the phrase "phone credit". Not likely true.

They can tell when you left when you fly. I read on here a while back where someone had a ticket to leave the country during their K-1 visa period and their AOS was denied for "leaving". The issue in the post was that they never boarded the plane but was still flagged as having left the country because they were on the passenger manifest.

I just learned from my NEXUS mailings that they now share (December 2013) when you leave at land POE's too.

quick question guys,

my wife's interview is at montreal consulate early may @ 10:00 AM. is it recommended to be there on the scheduled time or does everyone get there earlier on before they open doors???

Show up at O'dark thirty to get a good spot in line. Worst case scenario you have to come back at your scheduled time. Best case scenario you're out the door by 9am.

secondly, am I allowed to accompny my wife inside the building?

Yes, bring a passport. You'll basically just sit in a chair. Can't bring a phone or anything to keep yourself busy, so enjoy staring at the informative posters the consulate has.

I'm a little late in posting this since his interview at the Vancouver embassy was almost two weeks ago, but I wanted to share that my fiance was approved! We were very elated and relieved. We've been together soooo long I'm so ready for the distance between us to close permanently ;w; I really want to thank everyone on this site for being so helpful and always answering questions and being very reassuring! I honestly have no idea how we would've done this if it weren't for VisaJourney. <3 <3

Also, quick question!! When he leaves to come here, does he need to bring anything specific with him besides the K1 visa he gets back from the embassy?? Does he need his birth certificate or any other documents? Thank you!

At the border he'll need his passport (obv) and K1 packet (unopened). If you're moving a lot of stuff a manifest of that as well, just in case they ask. At the POE booth he'll state that he's there to activate his K1 visa, and they'll direct him to secondary screening. Inside he'll take a number or simply be called up (they'll take his passport at the booth or in secondary). Usually its a few short questions while they process the stuff inside the packet, put a paper I94 into his passport, and viola he'll be home free.

Just received EAD/AP card, 68 days from acceptance. No word yet on interview.

I am getting a little confused. On the Montreal consulate website, the packet 3 checklist it says to send the info by email. But reading VJ everyone has been sending through mail. Did I do this wrong? I don't want to screw this up.

Strange: I am having the same confusion. Please message me when you find out.

The packet was revised. Follow the instructions you were given.

I cross as much as 3-4 times a month, and have been for 15+ years. I've encountered my share of, we'll say, troublesome border guards. The stories I have... The vast majority are great; they're just trying to do their job and protect their country as best they can. However, some get a god complex and take it too far just because they can, and there's nothing anyone crossing their border can do about it - at least not if they want to get through. We just have to answer their questions and play the game. Small price to pay for crossing international borders, I guess.

As the USC, I (Christopher) get hassled almost every time I cross the border back into the US. CBP pretty much assumes you hate America if you leave for even a day...maybe I just have a face you learn to hate. That's why I got NEXUS. Since then I've not been hassled once.

Please do help, sorry about my ignorance here. I looked through the other questions first but none seem to be the same situation:

My fiance is canadian.

On september 12 2013 we received a form from the bureau of consular affairs stating that a packet should arrive at her address. It is exactly two months later, and clearly no forms are being sent. When I log on to U.S. department of state, it says that her case is ready for her to schedule an interview and that a packet is on it's way.

Since she didn't get an actual packet, I need to know what the next step is. I feel like she should go ahead and schedule the appointment, no?

If so, what forms do we need to send to get this appointment. Will she have to send in her passport? If so for how long? she needs to travel for work in a little over a month.

we called multiple places, consulate included, and sent emails for help but to no avail.

Thanks to anyone who can help

Kirsten and Rocco

If you wait for MTL to send you anything, you'll likely wait forever (we never got packet 3). Plenty of details at http://montreal.usconsulate.gov/visas/visas/fianc-k-1-visas.html and here under the Embassy/Consulate review.

Per the instructions she only sends a photocopy of her passport's biographical page, not the actual passport. They only hold onto her passport during/after the interview in order to put the visa into it.

That's Great congrat .. Did you get your visa in hand..!!

Allanah waited until she was going to Burlington to get her dress sized to pick up her visa. It was ready 3 days after our interview.

At Last visa Approved . Soon be going Home to my fiancée and get married ..!! hopefully on 18 Jan 2014 Wedding day

We're getting married the same day about an hour north of y'all!

Ok so what you are saying is, you hadn't sent in two photos with your packet three? Or you brought in the same photos you had submitted electronically for the DS-160 and they didn't accept those at the interview?

I sent in 2 passport style photos with packet 3 and I plan on taking in four new passport style photos to the interview. I think you are right, I think they are just making it so that the DS-160 is used for everything but not quite yet...thanks for your help!

When they opened our folder at MTL, our DS-160 was the first page below their checklist (with Allanah's mug shot on it).

If you bring 2 photos that should be good enough (it is all they ask for), but if you have 4 that can't hurt.

awesome thanks for the response. Another question, my interview is on November 13th. My Fiance requested tax transcripts from the IRS but I don't know if we will even have them in time since we just did that yesterday. I have print outs of the 1040 forms that he filed as well as W2's. Is this sufficient or do we NEED the transcripts? Also, if we need the transcripts can he walk into an IRS building and have them print out the transcripts right then and there? Really worried right now...

They very much want the Tax Transcripts from the IRS as it carries more weight than your 1040's and W2's. That being said, the official Packet 4 for MTL states:

I read that to mean: if you're not bringing the official stuff, bring everything. We brought tax transcripts, employer letter, W2's, and 2 months of pay stubs.

Just wanting to be clear:

If I paid the $240 MRV fee while scheduling my interview with CSC - I don't need to bring any cash/make any payments while in Montreal - correct?

Thanks in advance!

If you paid the fee online, you do not need to bring any cash/make any payments.

Couple questions!

I am assembling my Interview Packet/Materials and I was wondering if it would be at all necessary/helpful to our case to provide my financial portfolio? I have assets and would hope that it could strengthen our case (even though my Fiance - the USC - exceeds the income requirement)

Also - what is/how can I retrieve the confirmation that I have registered for DHL/Loomis? I mistakenly did not print the page when I initially registered. On my appointment confirmation it has my Loomis Branch listed - is this confirmation?

Thanks in advance!

1. If you meet income requirements, provide 3 years of adequate tax transcripts, letter from your employer, and a few recent pay stubs you do not need anything else.

2. If you go back to the CSC page there is the ability to reprint it, I don't recall exactly what it is called but it will have a Reference ID under Applicant Details and a section called Loomis Information. That reference ID is what is put on your passport.

How did your POE go?

Allanah came for ~4 months via land and we were detained for ~1 hour for questioning about incomes/etc. She got a crazy stern lecture about the K-1 visa as well.

The good news is you can do it, the bad news is you're not guaranteed that they can.