It_takes_2

RaptureSongbird - ROC at 3 years and give people a chance to pick that or natz. My thoughts exactly. Yes they would lose out on those fees but they're meant to cover the cost of reviewing and adjudicating an application, not of making money, presumably. The issue is that would require a change in immigration law, and we know how difficult that is to pass - regardless of administration.

On 5/22/2018 at 3:09 PM, azblk said:

That is correct.  The problem is the USCIS does not explain this in proper English and thus a lot of people submit i-693 at the same time as the rest of the package. They need to recommend that medical is done after interview is scheduled, that way it is almost guaranteed to be unexpired at interview or approval.

Glad to see you agree with my tip  

I pointed it out because a lot of articles and how to's, and even practitioners, like were I work, have it on their checklist to send with the application. Possibly a holdover from when processing times were faster? A good reminder that it's always best to read the most updated instructions of an application. Surprisingly the wording is pretty clear on this one: "You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish....You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination."

Are you sure the approval is for the I-485 and not the I-130? I've seen petitions be approved and the adjustment at a later date. Usually it would be when the person has an approvable petition, but there's some documentation still needed to prove the ability to adjust. For example, marriage is bonafide but there's potential  admissability. 

Maybe there  was a policy change and a short form cert is good enough but the officer only realized that after the fact?

On 5/18/2018 at 7:05 PM, azblk said:

I understand what you are trying to say but you are saying it wrong.

The i-693 must be submitted to USCIS within one year of the examination and is valid for one year from the date of submission. So if you time it right,  you can extend its validity to almost 2 years. example below-

01/012018 - take medical exam.

12/20/2018 - submit to USCIS.

12/20/2019 - expires.

Not wrong, you just stated it differently  

The main point is that if processing times in NY are 12-19.5 months, it doesn't matter if you took the exam and sent it the next day or waited 364 days before sending it. If USCIS decides your case on day 366 from when applied, you need to submit a new exam. 

To use your example:

01/01/2018 - take medical exam.

12/20/2018 - submit to USCIS.

12/20/2019 - expires.

12/21/2019 - USCIS officer adjudicates case, because long wait times in NY field office -> RFE for new exam because the one you sent expired the day before.

A general tip for people AOSing. Check the processing times for your field office before getting the medical exam (I693) done. NYC is at 12-19 months for family-based AOS and 9-21.5 months for employment-based. I've had several clients get an RFE and have to pay for another exam because their first expired. 

The rule is that the exam must have been received by USCIS within one year of adjudication of the case. When received, the exam can't be older than a year old. Policy Alert - Validity of I-693

You can always get the exam done at a later date and submit at the interview,  reducing the chances you'll have to spend double on those not so cheap exams. 

You've already done the medical? Columbus seems to be 5 to 15.5 months of processing times, so shouldn't be an issue.

But I've had several clients paying for a second medical report because the first expired before a decision was made on the case. Otherwise, I've been recommending my clients wait until we get an interview date or at least 2-3 months after the biometrics, to avoid that issue.

Thanks, I did decide to update with new application. I wish they would specify that in the rejection letter because you see all the pages have been scanned and there's some barcode with a date added and initials - makes you think it's in a system somewhere.

Unfortunately, I have a bit of a tight timeframe because I have a study abroad opportunity starting July 4th (unfortunately I can't postpone, only cancel and it's a once in a lifetime chance I don't want to cancel). So looks like I have to risk things not getting done on time or waiting til I return. That's what has me down, having to wait a year.

Thanks, I decided to change the application.

Aleful I thought the divorce decree was only for those applying under 3 year rule. Thanks for the heads up.

Went back to the instructions and caught another thing. I've been fighting Illinois regarding state taxes they say I owe, which I don't, but it seems I have to provide documentation it's been settled - as in I'm paying or they agree I don't owe money :/
so now I'm thinking there's no point in sending application without that information, correct?

blah! So my fee waiver was rejected and my package sent back.

rejection notice says Received 1/7/16, Priority 1/7/16 Notice Date 1/19/16

There's an application number NBC* followed by 9 numbers (but when I check online I get an error message). And a green letter saying application rejected, resubmit, Place this letter on top of your application package

Question: (Btw I'm applying under the 5 year rule, not the expedited 3 year marriage rule.)

1- Should I send the same package or do I need to reprint the N400 with the new date of submission, signed, etc?
Since sending the application my divorce was finalized so I'm legally "divorced". Can I update them at the interview or should I do a new n400 with the updated information and new date?

I'm kinda hoping my info is in the system, and the package will move faster through the initial stage - maybe even keep the 1/7 Priority Date -- if I don't switch it out? But I'm also worried that if I send a different, updated application, there's risk of confusion and things taking longer.

Thoughts?

thanks!

blah! So my fee waiver was rejected and my package sent back.

rejection notice says Received 1/7/16, Priority 1/7/16 Notice Date 1/19/16

There's an application number NBC* followed by 9 numbers (but when I check online I get an error message). And a green letter saying application rejected, resubmit, Place this letter on top of your application package.

Should I send the same package or do I need to reprint the N400 with the new date of submission, signed, etc?
Since sending the application my divorce was finalized so I'm legally "divorced". Can I update them at the interview or should I do a new n400 with the updated information and new date?

I'm kinda hoping my info is in the system, and the package will move faster through the initial stage - maybe even keep the 1/7 Priority Date -- if I don't switch it out? I'm also worried that if I send a different, updated application, there's risk of confusion and things just taking longer still.

Thoughts?

Btw I'm applying under the 5 year rule, not the expedited 3 year marriage rule.

thanks!

Come on Texas Lockbox!! let's start getting some NOAs too

I'm starting to worry that my application for a fee waiver is going to make my case take much longer than usual
Also, silly me forgot to add the form for email updates Hopefully I get something in the mail next week.

Thank you for the quick response, Much appreciated. Not divorced, married happily for 13 years. Can you please tell me what ROC means? I looked it up but it stands for so many things.

ROC stands for Removal Of Conditions. For people that apply before they've been married for 2 years, they get a conditional green card good for only 2 year. At 2 years they have to apply again to remove conditions and get the 10 year green card.

Since you say you've been married for 13 years and got green card 6 years ago, you probably didn't have to go through this step.

USCIS can not deny the adjustment of an Immediate Relative of a USC for immigrant intent. Matter of Batista and Matter of Cavazos.

Your last paragraph is completely incorrect.

So the gray area is they can't deny for preconceived intent but if you lie to enter the country then you are committing immigration which could get you denied. Is that the correct interpretation of those cases you mention?

Also I found this 2013 USCIS memo, which points to some of the potential drawbacks. 1- if the person goes out of status and is for some reaons put in removal proceedings the AOS process doesn't protect them. 2- If the AOS petition is denied, except in the 9th district, they can't appeal the decision.

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

"spontenous wedding" sounds like getting married in the US while here as a temporary visitor and applying for adjustment of status.

You wouldn't have to wait for the K-1 visa but once in the US you'd still have to wait to work. Average wait 2-3 months to get work permit then another 2-3 months for green card.

Problems: was it really "spontenous" or a way to work around the system? If immigration determines you were lying your application would be denied. I'm not an expert on what the likelihood of this is and what the repercussions aside from being denied would be....others I'm sure can jump in with more details.

I so sorry you have to go through this and I wish you luck.

I think you should look into VAWA which helps victims of domestic violence to become residents. Maybe this applies to your case? I would get legal advice before trying to apply - sounds like your case requires someone experienced to walk you through this.

http://www.ilrc.org/info-on-immigration-law/vawa

How can we see the USCIS processing times? When I go to their website I don't see my local office. And there's no N400 option under any of the service centers. Is there a regional office then a local office? Like maybe Boston and then Lawrence MA for the actual interview? Where am I going wrong? Thanks!

What does the 10 year card say for "resident since"?

Also what date were you married?

Congratulations! And thanks for sharing your story and words of encouragement. Maybe it was good you waited on the second guy, made him prive his worth and good intentions

I'm wondering if he actually claimed to be a US citizen.

Often I hear people refer to legal permanent resident and citizen interchangibly when they're not.

Maybe he claimed to be an LPR or some other legal status but not a citizen. Depends on what he wrote in I-9.

That said...bacause he claimed a status he didnt have, it's still misrepresentation (and as someone mentioned a felony). But maybe that could be overcome while a false claim to citizenship carries the lifetime ban.

I'm with you Ms Hogan...the one I sent in is not the one I would want on my certificate for ever and ever.

People would still have a conditional gc but for 3 instead of 2 years.

When applying for 3 year citizenship (which requires marriage) people would have to prove the same things as with ROC and citizenship requirements.

It might even make the fraud detection part stronger since marriages would have to account for 3 instead of just 2 years, maybe making it easier for fraud couples to be found out?

Something I'd change if I had the power. Wondering what VJers think?Particularly those that went the spouse route.

What if conditional status was extended from 2 to 3 years? Then at 3 years those that want to, and complete the residency and continued marriage requirment, can apply for citizenship. Those that can't apply for citizenship would do the usual ROC process. Those not with their spouse would go through usual waiver process.

I don't have statistics but seems lots of VJers go for 3 year citizenship so it would save them the ROC process and cost.

For some immigrants: one less application and could save on ROC filing fee.

For immigration: would free up some time - maybe help with backlogs in some offices - since the same couple would apply twice instead of three times

Thanks KASH2011!

GC date is 04/01/2011

Field office: Lawrence, MA

Hey, good luck everyone!! Feeling great about joining you all on this final step. I'm applying under 5 year rule. Could someone please add me to the list?

Sent package 01/05/16 to Texas lockbox.

USPS shows it was dropped off this morning at 11:15. I filed with a I-912 fee waiver. Will let you all know how that works out. Hoping it doesn't slow down my process and gets approved. At least I can pay with a credit card now if it comes to that :/