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californiagurl28

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Posts posted by californiagurl28

  1. *Facepalm* I totally forgot that I have the status for both the I-130 and the I-485 online. HAHAHA!

    On May 28, 2013, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

    Hmm, that seems like he got approved....but, now I'm even more confused. Our case is under review, yet it says that? Is this good? This seems good, but I don't want to get excited yet!

  2. Hey everyone, I'm a bit sad today. So, my husband and I had our interview for his adjustment of status. I luckily got no RFEs for the petition at all, and we got the interview after 3 1/2 months of the petition date! So, things seemed good. So, I was very, very nervous going into the interview. Both my husband and I have anxiety problems, which may have appeared to the interviewer as "shady" or something, I'm not sure.

    So, we go into the interview room. She asks for our proof of a valid marriage. I pretty much gave her everything I sent with the petition, which is the following:

    -Copy of current lease (we both signed it, and so did my mother in law. We all live together and share expenses)
    -A letter from our landlord stating we've lived together since we moved in our new apartment, signed and dated
    -Copy of former lease when I first moved here, signed by him and his mother.
    -Copy of my application for a California ID 2 weeks after I moved here, with the address of the former lease on it (because I wasn't put on the lease at the time)
    -Copy of a plane ticket receipt showing when I moved here
    -Copy of a plane ticket receipt for when I visited here
    -Pictures from my first time visiting here
    -Pictures from my wedding
    -Joint Bank Account, past and previous (we had to get a new one due to someone stealing my credit card information)
    -A copy of the most recent bank statement, because our new account is not even 2 months old (again, due to someone stealing my credit card information)
    -A copy of the most recent joint tax return

    So, the issue is, the lady said it wasn't enough proof?! She made me really nervous and I started to have a literal panic attack. She asked me if my mother knew I moved here (I moved here when I was 19), or approved the marriage. The thing is, my mother was severely abusive, so I simply told her no, and I don't talk to much of my family. She shot me what seemed like a dirty look. She said we have very limited proof of our marriage, even though we've been together for THREE YEARS and have been married almost a year! We don't have wedding rings, and we didn't even have an engagement. I tried to explain we are just minimalists, and trying to save money. After all, I'm only going to be 22, and I still have hopes of college. It's normal to live kind of minimal during these years. She kept asking over and over again if we had any mail sent to our house, and I didn't think to bring actual unopened mail, considering we rarely get any. I thought our LEASE and letter from our landlord would be enough, but she kept hinting we don't have much proof we live together?! We are both introverted, so we don't have many pictures besides from a year ago. I mean our idea of fun is doing really geeky things, like playing video games. I don't understand what I did wrong. She kept asking for joint utility bills and mail, but they are all in his mothers name, and we just give her money. She put our case under review. When I asked her what more proof she needed, she said "Oh, we have the documents you gave us, but if you'd like to add anything you can make an info pass appointment and give them more."

    I actually cried when I walked out of there. Why does my family's approval mean so much? They are racist, and hate my husband simply because he's Filipino. Could it be that I'm so young, or was so nervous? I feel like it's unfair to judge me based on that, because I've had a severe anxiety disorder since I was little. I thought we were doing good. The only other things I can think of is the fact I did my joint tax return the night before the interview, but that's because I was literally working almost 70 hours a week, every single day, for weeks! And I deal with the finances, and never taught my husband how to do taxes yet. Could it be my age? I know I'm young, but I'm not stupid. I chose to marry my husband, and I love him. He did have one case of petty theft almost 10 years ago (when he was 16), and it was just an infraction. But we were completely honest about that, and already sent that in with the original petition. We are both naturally introverted and shy, so it was hard to talk to a total stranger judging us like this. Our wedding was small, at the court house, and only had one friend there, so maybe she felt suspicious. But both my husband and I don't have close families, and no one wanted to take time off of work or "ruin" their weekend to come to ours. She seemed so nice at first, and I know for a fact many other people got approved with less evidence than we did. I checked the USCIS website today, and it had an update:

    On May 28, 2013, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.



    After the interview, I tried to question her, because I thought most people got approved right away. She pretty much just said wait to hear from them. And, of course, on the paper she gave us, it said to wait 120 days before calling them to see what's going on. During the whole interview, she only asked my husband to tell her what my cell phone number was. Other than that, she just kept saying over and over again the phrases "limited evidence", "joint utility bills", and "letters sent to your address". Does anyone have any advice, or have/had a similar experience? I know I will probably consult a lawyer, especially if they give us the second interview (in the paper she gave us, it said they may give us a second interview). I'm so depressed right now, and I don't know where I went wrong...

  3. You will need to consult a lawyer for this, no one here will be able to tell you for sure about this situation I don't think.

    Thanks for replying! Yeah, I kind of figured, but I don't really have money for a lawyer. I suppose I will march back up to that court and just bring the papers, or ask to speak to a supervisor. I mean, obviously it's not illegal to get a statement saying there are no records of the outcome...

  4. I'd like to clarify for anyone who may be a bit confused on what I'm asking. When reading the instructions for I-485, it states:

    You must file you application with the following evidence:

    1. Criminal history

    A. If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit:

    An original official statement by thee arresting agency or applicable court order confirming that no charges were filed.

    B. If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit:

    An original or court-certified copy of the complete arrest record and/or disposition for each incident (e.g., dismissal order, conviction record, or acquittal order).

    C. If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit:

    1. An original or court-certified copy of the sentencing record for each incident; and

    2. Evidence that you completed your sentence, specifically:

    a. An original or certified copy of your probation or parole record; or

    b. Evidence that you completed an alternative sentencing program or rehabilitative program.

    D. If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, submit:

    1. An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction; or

    2 An original statement from the court that no record exists of your arrest or conviction

    So, to clarify:

    Can my husband's original Notice to Appear be used as an arrest record because it is an original, and some places/agencies consider it akin to an arrest?

    Can my husband's certified court copy of no arrest record be used to show there are no records, or there was no conviction? He PAID a fine, and never had it expunged, but there's obviously nothing there.

    In other words, is this enough evidence to NOT get an RFE? Has anyone had trouble getting a certified court disposition copy?

  5. I would leave the Facebook page out! But otherwise pretty good!

    Yeah, I don't think the Facebook page even matters. As long as there is nothing inappropriate on it, it would be fine to include, but probably won't make a difference. But then again people here always tell each other when in doubt, just bury them with papers. She has the primary evidence, and that's what matters! :]

  6. Hello everyone! I'm about to petition my husband and he will file an AOS along with it. I'm having issues with the criminal history. In 2004, he got a "Notice to Appear" for 490.1 P.C. Petty Theft (an infraction). He appeared in court, got a fine, and paid it. I'm a bit confused about what records we need and how to get him. I know in SOME states (We live in California) a "Notice to Appear" is the same as an arrest. We have the original "Notice to Appear" that states what court to appear in, when, and what the crime was. There are two problems with the records and I'm wondering what to do:

    1. His name is "Marc". His name on his "Notice to Appear" is misspelled, and it says "Mark". Will this be an issue? Should I go back to the court and ask for both names to be looked up? I never asked if she did both, but I gave her the "Notice to appear" along with his ID.

    2. I went to the court, and was told the old place where he paid his fine closed. She looked everything up, and printed out the copy of his criminal record (It has his name spelled right). It turns out he doesn't have one, and it was certified. I then asked her what about the infraction? She said that it's just a ticket and the most she can do is print out what crime it was, but she REFUSED to certify it. I was confused, and I said we either need a record saying the outcome of the crime and it be certified, or a statement saying there are no records and have it certified. She again refused to certify the first, and she refused to give me anything saying there are no records of the outcome (let alone certify it). We just decided to get out of there, and we never got a paper of the actual crime (I have no clue if it said the outcome of it).

    So, what do I do? Is the original "Notice to Appear", the certified background check saying there is no criminal record, and an explanation of the name being misspelled good enough? My goal is to get no RFE. If I have to go back there, how do I make her give me a certified copy? Do I ask to speak to her boss? I don't have a lawyer, so I'm not sure how I can convince someone I need a certified copy. She gave no explanation as to why she refused to certify it (even though I asked), just had a big attitude. -_-

  7. Whoops. Can someone move this to Adjustment of Status from Work, Student, & Tourist Visas? I just realized it said "Family Visa" here. My husband came here when he was little on a tourist visa...

    Also, Jay Kay, thanks for answering! This makes me feel better about my situation. That's a good tip on highlighting his initials, thanks!

  8. Thank you for replying! Yes, he is out of status, and I am the USC. His mother brought him here when he was 11 on a tourist visa and she never petitioned him. I already have a joint sponsor, and he is a good friend of my husband. He made $19,480 last year (he was still in college), and has had a job right after college for 7 months now. He makes $50,000 a year, so I'm sure this will not be an issue.

    My main concern is with the evidence (mainly leases) and our story of how we met. I know a lot of people say expect that they automatically consider your marriage a fraud and the burden of proof is on us, so I just figured I'd get a feel for how people who don't know me consider all of this.

  9. Hello everyone! I'm new here. I'm trying to get ready to petition my husband, and I'm having a little trouble with evidence. Don't get me wrong, I read all of the primary and secondary evidence you can give, but I feel like our case is a bit complicated.

    For one, we met online and I'm not sure we have many logs of the conversations anymore. Secondly, I changed phones a long time ago, so no phone logs. So, we met in January of 2010. We became friends very fast and talked every single day. About 5 1/2 months later, I decided I wanted to be in a relationship with him even though we never met. I just felt a connection. I visited two times (first time for 2 weeks, second for 3 weeks) and I still have the plane ticket receipts. I moved here on May 19th, 2011.

    So, here's where it gets even more complicated as far as proof goes: I was never put on the lease. But, I DID get an ID shortly after(and I still have the receipt) that is the exact same address on the lease his mom had (which he was included in). We moved into a new apartment a few months ago, and I was the cosigner for the lease for his mother. Since he can't get a job because he's out of status, they only wanted myself and her on the lease. However, I did have him initial the bottom of all pages with us. I also put him on my bank account, so now it's a joint one. So, my question is, what can I do? Would sending in the first lease along with my ID (again, they have the same address)and the receipt/plane ticket when I moved here be good? What about the second lease if I got a letter from the apartment manager saying we both live here? And, if these both are OK, should I write up a short letter explaining the first lease and a picture of my ID/receipt my proof for living together?

    Also, I'm just very nervous. Is anyone kind of introverted and had issues with the marriage interview? I know it's far off as we didn't even file yet, but I feel like people will only consider our marriage valid if we are this outgoing couple. I mean, I'm a low wage earner (didn't go to college yet), and we have a budget and just enjoy being at home with each other. I also don't have a great relationship with my family, and he barely has a relationship with his, so we don't have many "family pictures". We have only have 20 or so pictures of us because we both hate being in pictures. I'm also kind of young (21) and he is 25. Finally, I feel like our story might not be "believable". We met online, but it was in a chat room on an Anime site. And given the fact that we started our relationship before we met in person, and I only visited for a total of 5 weeks, I can just see how someone might question it. But, we are both kind of loners and it took us both by surprise that we met someone that fit so well. I mean, he's my best friend, and I feel like sometimes he's the missing part of me. We even finish each others sentences! But, I'm just not sure how to properly convey this to the person interviewing us.

    So, would this all count against us? Are there any tips for proving our marriage is out of love? I think the only thing we may have going for us is the fact that I moved here and waited a year of living together to marry, and by the time we have an interview, we will be married 1 year and have been together 3 years.

    Any advice is very appreciated, even if you can't answer my questions or are/were in the same position.

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