windboater

I'm really looking for guidance or even just a definitive answer to why this happened and how it can be resolved. Thanks for your reply. John

Just now, windboater said:

This ignores the fact that after the i-485 was received, she received her appointment for the biometric appointment, her work permit, her ss card and a date for her interview, all serious violation of US immigration law. This is probably why they are ignoring our evedence and requests for explanation. 

Violations that is,  if the I485 was late or improper in any way.

On 6/29/2019 at 1:26 PM, geowrian said:

If it was filed after the I-94 expired, there is unlawful presence accumulated. Any unlawful presence is an automatic & permanent ineligibility for an ESTA. Otherwise (since it's under 180 days) it's just a negative factor for any other NIV.

This ignores the fact that after the i-485 was received, she received her appointment for the biometric appointment, her work permit, her ss card and a date for her interview, all serious violation of US immigration law. This is probably why they are ignoring our evedence and requests for explanation. 

Just now, windboater said:

Thanks Geowrian yes I also think USCIS believes the application was later but the paperwork I sent them clearly shows they are mistaken. I sent then copies of the I94 and the lockbox receipt from the attorney. Unfortunately they never responded. I sent this items three time via certified mail. I have all three receipts. I wonder if a freedom of information search might provide some clairity.

On 6/29/2019 at 1:12 PM, geowrian said:

I haven't seen anything indicating that abandoning the I-485 retroactively counts unlawful presence. There may be an exception for a frivolous claim, but it doesn't sound like that happened her.

That said, filing for AOS only "tolls" unlawful presence. I wonder if USCIS believe the application was received after the I-94 expired. That would explain the "arrived late" aspect, making her unlawful presence now be an issue for an ESTA or any other NIV.

For the record, the terms the AFM, FAM, and USCIS policy manual generally use for these circumstances is "untimely filed" or "not timely filed". Maybe that will help somebody find something specific.

 

Did you count the days exactly (not 3 months....exactly 90 days starting from the day of entry)? Do you have evidence of when it arrived at the lockbox?

 

USCIS is bound by laws and policies. There isn't an opportunity to make an exception.

Although I'm a little confused...you are with your wife right now. You weren't even separated.

Thanks Geowrian yes I also think USCIS believes the application was later but the paperwork I sent them clearly shows they are mistaken. I sent then copies of the I94 and the lockbox receipt from the attorney. Unfortunately they never responded. I sent this items three time via certified mail. I have all three receipts.

1 minute ago, windboater said:

I joined her in Taiwan as soon as I could close up our house in Florida.  I became a legal resident of Taiwan. There have been times when we had to be apart for several months at a time do to several  cancer treatments in the US and Canada. The separations have been very stressful on her and me but our marriage has survived.  I love Taiwan but the housing situation is as expensive as Manhattan.  I realize I have to leave if we ever expect to buy a house of our own. One of the most costly housing markets in Asia. After Vanessa finishes her University degree in Colombia, hopefully the extream the real estate speculate in Taiwan will subsided some and we can return to Taiwan. I'm in Hollywood at the present time to repair damage from my cancer treatments. We are both in the process of booking flights to Colombia. Hopefully we will be together in one or two weeks.

Sorry as much.as I talked I only answered one question. Not use to the system yet, I only saw the last part of your message. 

I used and on line calculator to counter the days.  Evidence yes have her I-94 and the lockes box receipt supplied.by the attorney's office. Remember our attorney was next to death certainly hyped up on strong pain killers. She could have made a mistakes who could blame her. The evidence shows things arrive on time.

On 6/29/2019 at 1:12 PM, geowrian said:

I haven't seen anything indicating that abandoning the I-485 retroactively counts unlawful presence. There may be an exception for a frivolous claim, but it doesn't sound like that happened her.

That said, filing for AOS only "tolls" unlawful presence. I wonder if USCIS believe the application was received after the I-94 expired. That would explain the "arrived late" aspect, making her unlawful presence now be an issue for an ESTA or any other NIV.

For the record, the terms the AFM, FAM, and USCIS policy manual generally use for these circumstances is "untimely filed" or "not timely filed". Maybe that will help somebody find something specific.

 

Did you count the days exactly (not 3 months....exactly 90 days starting from the day of entry)? Do you have evidence of when it arrived at the lockbox?

 

USCIS is bound by laws and policies. There isn't an opportunity to make an exception.

Although I'm a little confused...you are with your wife right now. You weren't even separated.

I joined her in Taiwan as soon as I could close up our house in Florida.  I became a legal resident of Taiwan. There have been times when we had to be apart for several months at a time do to several  cancer treatments in the US and Canada. The separations have been very stressful on her and me but our marriage has survived.  I love Taiwan but the housing situation is as expensive as Manhattan.  I realize I have to leave if we ever expect to buy a house of our own. One of the most costly housing markets in Asia. After Vanessa finishes her University degree in Colombia, hopefully the extream the real estate speculate in Taiwan will subsided some and we can return to Taiwan. I'm in Hollywood at the present time to repair damage from my cancer treatments. We are both in the process of booking flights to Colombia. Hopefully we will be together in one or two weeks.

2 hours ago, missileman said:

I tend to think that is exactly correct......although I've not yet found anything which says that is their policy.......but it does make sense that it would create a "late AOS filing".....

Yes, it appears the same to me but I've found nothing that this is policy, law or even possible.  

3 hours ago, missileman said:

To me, it's odd that they used the term "arrived late"......because there is no time limit for submitting the I-485.....even if filed after expiration of the I-94, it is not late......

This was nearly 6 years ago, dont hold me to the exact terms they used back then.

 My understanding is that you must submit you application to the Texas locked box before the expiration of your Visa, in this case a 90 day tourist Visa. Vanessa application arrived either on the last day or the dry prior to the 90 days expiring.

 We gave it to the attorney in plenty of time for it to be submitted early

 but remember our attorney went into the hospital with terminal cancer and died there. Even of she had filed it a day late (which I see no evident of) has USCIS no compassion for a citizen be with his wife? 

Just now, windboater said:

Yes, and recieved her work permit and a interview date. I see no basis for them to do this to us but they wont reply. 

She also when to the biometric appointment . None of this should have been possible is her if application had arrived late.

16 hours ago, missileman said:

So she filed her I-485 before expiration of her I-94.  Interesting......But then she abandoned the AOS......

@geowrian @Boiler 

Yes, and recieved her work permit and a interview date. I see no basis for them to do this to us but they wont reply. 

50 minutes ago, missileman said:

Was that before the expiration of her I-94?    

Are you trying to restore her ESTA? If she no longer qualifies for ESTA, then I guess a B2 is the only other option......

Hi Missileman, Attorney told me the arrived of the AOS application at the Texas locked box, stopped the clock on the 90 day tourist Visa window. At that point you are in the country legally until your interview date. She left on her own before the interview date. 

6 minutes ago, missileman said:

Can you clarify?  On what date did she enter the US on the tourist visa and on what date did she return to Taiwan for the family emergency?

Hi missileman. Arrived Oct 15 2013

Left April 10th 2014. 

2014 I petitioned USCIS for Adjustment of Status (AOS) for my new wife Vanessa while she was in the US on a tourist visa. We hired an a "reputable" attorney who unbenounced to us was dying of stage 4 cancer. The cancer was so advanced, having already exhausted all recognized treatment options, that she was admitted to the hospital within a couple of weeks of our retaining her and died. Still she submitted Vanessa's paperwork.
Vanessa received several documents after the filing but none indicated any deadline violations. She received her work permit, and later an interview date.
Vanessa had a family emergency at which point we first learned of our attorney's death several weeks before.
Having been able to speak to our attorney before Vanessa leaf the US might have changed her mind, but I doubt it. A mother's going to do, what a mother's has to do.
Vanessa returning to Taiwan just two weeks before her interview date.
I notified USCIS of her leaving but apparently no one passed the information along to the interviewer and neither did the attorneys office. The interview was a no show.
Only then, did USCIS claimed our attorney had filed Vanessa's AOS application late.
I sent three certified letters providing USCIS with her I94 and the locked box receipt. The AOS paperwork had been submitted on time, (though just). Vanessa had never been in the country illegally and left on her own accord.
USCIS never replied to any of my letters. I eventually I dropped the ball, as by then I had cancer and my wife was too concerned with my care, to follow up with USCIS on her own.
We have been happily living in Taiwan for the past 5 years.  This year we decided to move our residences to Medellin, Colombia.
When making flight reservations I found my wife couldnt get a tranfer visa for connecting flights through  the US or Canada, effectively cutting us off from any reasonable access to Latin American. The old addage "you cant get there from here" comes to mind!
Apparently no one at USCIS did anything with the documents I provided and the "supposed overstay" remains on her record.
For a women who has never had as much a parking ticket in her life, this treatment is unreasonable and certainly below USCIS standards.

While we are now committed to living abroad, I need her records cleared so she can travel unresticted on her Taiwanese passport as we did before started this process.
I'm looking for some advice on how to best address this.

On my wife's I-130, we used her new married name but the DS-260 says to use the name "as it appears on her passport" (maiden name). We haven't changed her name in Taiwan and hadn't intended to do so since its not required here.

Despite the DS-260 instructions, should I used the same name as we used on the I-130 (married name).

Thank you.

I have been waiting for a year to join my wife in Taiwan, having been told processing of herpaperwork could be accomplished on line once uscis approved her I-130 and processing switched to NVC and American Institue in Taiwan. Does NVC only care about some trees and not others?

What language is her birth certificate in?

Her birth certificate is in Indonesian. I would agree with that as her Native language but its going to depend on what definition USCIS is using. Out of all the possible definitions in wikipedia (6), you have just given me a seventh possibility. Language on her birth cert? On her first I-130 our attorney put her native language as Chinese Mandarin, but that can't be right. though she is of chinese heritage she never spoke or wrote mandarin until she immigrated to Taiwan 7 years ago. The only thing she could write in mandarin before that, was her name.

I'm going with Indonesian, in the absents of any other opinions.

ok - what you are chasing after, really -

is

the Notice of Action, Receipt Notices, on formletter I-797 or I-797-C. this is a piece of postal mail, probably sent back to yer attorney's office, if in fact he mailed it (I-130 + I-485) in.

The receipt # is in each receipt notice. You will have two receipt #'s, one on the I-130, one the I-485.

When you know the receipt # on each casefile (I-130 and I-485) then you can set up an account at CRIS and see some status (usually)...

CRIS website -

https://egov.uscis.gov/cris/Dashboard/CaseStatus.do

https://egov.uscis.gov/cris/Dashboard/CaseStatus.do

https://egov.uscis.gov/cris/Dashboard/CaseStatus.do

you mention electronic notification since you also filed with G-1145 - perhaps the receipt # is inside that electronic notification?

thanks so much, John

Good question. You may also want to speak about Pinyin (拼音), since you are using Pinyin terms (spelled-out sounds) for her name.

http://en.wikipedia.org/wiki/Pinyin

Good luck on your immigration journey.

that's really interesting , I wonder if USCIS is very knowledgable about the subject, it might smooth the way for us. Thanks for bring that to my attention. regards John

If you have USCIS receipts on I-130 and I-485,

then I suggest to you that

you not need to prep to refile.

So, whaddya got, when you mention receipts, back in post #1 ?

Thanks Wuhan Rocks first let me say I loved your absolutely charming videos (counting on the fingers and little girl on stage) Great organized kitchen! i will bet some great tasting stuff came out of there.

I think I have solved this question, the answer is i'm an idiot. I saw the receipts from the Locked box and thought it was an on-line submission . apparently it was just an email receipt initiated by the G-1145 form.

The learning curve is so steep, I really appreciate the patients of all the participants. Some day I expect to have the information to contribute to others in the process.

​Thanks Again, John

Exactly what definition does USCIS use to define native language?

Wikipedia , has six definitions. In only one case would my wife’s native language be consider Mandarin Chinese. That definition is the most broad – “belonging to a particular ethnic group”. While she is ethnically Chinese, She is third generation Indonesian. She grew up reading and writing Indonesian language and never spoke or wrote mandarin until she lived in Taiwan for eight years. She now can speak a good bit of Mandarin but still can’t write it, except to write her name. Any child of Chinese heritage is going to learn to write their name in Chinese characters, It shouldn't mean her native language Mandarin Chinese, a language she never learned,nor used growing up.

Because some of my wife’s document had her name in Chinese characters (Taiwan immigration paperwork) our last lawyer decided to indicate on the last I-130 (later abandon) section C20 that her native language is Mandarin Chinese. I see this as more than a stretch. I don’t intend to do that on the new I-130 because it’s questionable at best. I will add her name in Chinese Characters to the list of “other names used by her”.

Do you think I have a shot with this form? Im sorry its so long!

Below I've added a copy of the addendum I want to use for the I-130 including the explanation of the "other names used" .

All Other Names Used (include names by previous marriages) Section C 7

MARY (Official Indonesian (Ina.) name, no family or surname used on any gov documents)

HU, HSU-FANG (Chinese name, unofficial in Indonesia- not used on gov. documents)

黃 蓄 芳 (Same name as above Hu, Hsu-Fang but written in Chinese Mandarin characters)

HU, HSU-FANG (MARY) (Taiwan INS requires the use of both Chinese & Ina. names on their docs)

HU, HSU-FANG also known as MARY (Taiwanese passports has Ina. names as aka)

HU, HSU (Shortened version of MARY’s Chinese name used on I-94 form)

CHAP,MARY (Married name - Husband John Chap)

Thanks for your reply Ryan, it was a response to your statement "bad Lawyer" -- "i would think the same except that uscis accepted it".

The answer to your question is yes I'm now making a petition on my own without a lawyer but I was interested in finding out why my lawyer as able to submit the I130 online when I can not according to the instruction is see from USCIS. John

No idea. Sounds like a bad lawyer? Have you thought about doing this yourself?

are you adjusting your status or doing the CR1 process outside the USA?

i would think the same except that uscis accepted it.

Very sorry for posting in the wrong forum. I searched but didn't get anything on "email", i must be searching incorrectly.

I didn't explain enough, my wife's I-130 was denied due to abandonment. I'm now filing again. My only questing was: how come my attorney could efile the petition but the instructions on form say you can't. The I130 is apparently not one of the approved forms (I-140 is) for efiling. Any ideas whats going on here!

I’m just ready to file a new I-130 for my wife, but I’m leaving the country and won’t be back until she is ready to enter. Keeping my home and legal residence in US. Has anybody faced this situation, how does USCIS and the SD communicate with the petitioner in a situation like this. Phone service will be iffy and mail will have to be forwarded and slow! Can you request email communications!