itsmehere

Is there an updated form I-751? The one on the uscis.gov website says it expires 4/30/2015.

http://www.uscis.gov/sites/default/files/files/form/i-751.pdf

If it is dated 04/11/2013 or later, it can be used. If you got it from the USCIS website, it's the most current form available.

It is same address. The different is ATTN: I130 and FBAS. USCIS page doesnt have address for express mail(I130 stand alone). I am just crazy.

Yes it does...

For U.S. Postal Service:

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

For Express mail and courier deliveries:

USCIS

Attn: I-130

131 South Dearborn-3^rd Floor

Chicago, IL 60603-5517

Why does the trends page show it as currently processing? See my link above. It doesn't make sense, and it makes this website's data look inaccurate.

Why not go to www.uscis.gov and look at the processing times and stuff there? K1/K2 is listed under Vermont on the actual USCIS website. K3/K4 is not.

You are mistaken. The OP has filed for AoS, therefore they are considered in a period of authorised stay, and not out of status.

Their status is "adjustment of status applicant" or "AoS pending". It is considered a period of legal stay until the I-485 is either approved, at which point they become an LPR, or denied, at which point they go out of status.

Hypnos is CORRECT! An a applicant for an immigration benefit with a pending adjustment of status application is said to be on authorized stay by the Attorney General according to the INS laws until a decision is taken on the petition. So yes the OP is good to use AP since OP wasn't out of status for more than 180 days to accumulate a ban.

Not out of status, but no status. Allowed temporarily due to pending AOS

Just because this thing shows me as a Newbie, I'm definitely not a newbie to immigration. It is considered out of status when an I-94 expires no matter how you look at it. If it wasn't they'd still be considered a nonimmigrant! There's no such status as Adjustment pending. As I said before, immigration status refers to: U.S. Citz., LPR, Nonimmigrant, Refugee or Asylee. If the Adjustment pending was a status, Deferred Action would be a status too! Deferred Action isn't a status. They're still here illegally. You may be allowed temporarily to stay here but, you're still technically out of status when your I-94 expires. The Advance Parole card allows them to travel since they are out of status and have a pending I-485. There's a difference between authorized stay and status in the U.S.. They may be authorized to stay here but they're not in a legal status. They are out of status.

NancyNguyen: By agent, I mean the representative I spoke with on the phone on the USCIS helpline. First RFE was for 2014 tax documents, second RFE was for a US birth certificate for the co-sponsor on the affidavit of support. Replied to both within a few days of getting them and both were received by USCIS. So my case is being processed again right now.

Nich-Nick: I already have it in writing, so do you reckon I should just call the USCIS number on Monday and have them submit the expedite request?

As a note, I wouldn't be trying to get it expedited solely on the basis of the job offer, but because as of next month, me and my wife will not have close to enough money to pay bills and live on. Hence why I'd mentioned the "financial loss to individual" reason to expedite as it says on the USCIS website. The job offer would just be evidence of an immediate solution to the problem, provided I had the EAD.

You can't have an application expedited if there's a RFE. There's a standard 60 day time frame for them to review your response.

Hello to all, I just wanted to ask if anyone have tried opening the site www.USCIS.gov and checking the status of their case? Because every time I want to check "My Case Status" an error always appears.

Thank you and I appreciate any answers.

When you check your case status, did it give you an update of your case? I just check mine now and it's always the same. Its always Validation error and it says the USCIS cannot provide me any information on my case. Is that normal?

Yes, I get the same error. I called a week or more ago and they said it was because of system maint/updates. Validation Error(s)

You must correct the following error(s) before proceeding:

• At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.

The update on the website that was done in November is doing a TON of cases that way. There's nothing wrong with yours. If it's been recently filed you'll have to allow 45 days for the most current up to date status to be made available. If it's not, call. But, if you call, they'll tell you it's technical issues with the website. No worries!

Hi, apologies as I feel like different parts of my query have been addressed in other threads, but I'd like some concrete thoughts from people on my specific case. OK, here goes - for clarity, the actual questions are CAPITALISED (sorry if it looks like I'm shouting them):

- I'm H1-B, legally here and with a visa stamp until June 2017 (but wish to leave the H1-B job ASAP!)

- Married US citizen Sept 2014 and was intending to apply straight away for Adjustment of Status but honeymoon, Thanksgiving, Xmas, life' etc happened and we thought we;d just wait until January. Thought would then be fast... but then found out my silly husband hasn't filed taxes in last 3 years! :0 We've sorted it now, filed the past taxes, paid what he owes, and finally this week got receipts of processing the taxes from IRS - hurrah!

- So now are ready to submit BUT I'm worried aboutthe timing of the application...

... on the one hand I'd like to apply this week, not lose any more time, especially because my medical form is nearly 1 year old. It expires May 24th. I BELIEVE THAT YOU HAVE UP TO 1 YEAR BETWEEN OBTAINING THE SIGNED MEDICAL FORM AND MAILING IN YOUR GC APPLICATION...? (I got it done super early - 4 months before wedding - as were starting to try for a baby last year and I didn't want to have immunizations or a TB x-ray whilst pregnant)

... however, we need to travel to the UK May 21st-30th. Now, I know that as an H1-B with a valid visa I'm fine to travel abroad during the application process. BUT it worries me that I'll be supplying them with all my I-94 details from previous travel and then just a week or two after applying will be on a new I-94. ANYONE ANY THOUGHTS ON TRAVELLING ABROAD SO SOON AFTER APPLYING?

... my other concern is that they may email/mail me for the biometrics appointment while we are abroad. I can check email and my trusted neighbour can open relevant mail for me and pass the info on, but my questions are: a) HOW SOON AFTER MAILING IN FORMS DO YOU CURRENTLY HEAR FROM THEM AND GET AN APPOINTMENT? and b) CAN YOU REJECT THAT APPOINTMENT TIME AND ASK FOR A LATER ONE? I know that if you don't turn up you void your application, so obviously I don't want to ruin things by being abroad and unable to go.

So my options are:

1) File after we return on June 1st and pay for another, newer medical form (WILL THEY NEED TO DO TB SKIN TEST AGAIN?)

2) File this week, go abroad in three weeks, ask neighbor to open our mail, and get to use current medical form.

Has anyone got any views on which is the better/safer/wiser option?

Thanks so much,

have a lovely rest of weekend,

Sally

Form I-693 must be submitted to USCIS within one year from the time it is signed by the Civil Surgeon and the benefit application must be adjudicated within one year of the date Form I-693 is submitted to USCIS. If they don't think they'll adjudicate the application before that 1 year, they'll send you a RFE for a new I-693 to be done. I don't think USCIS has a specific time that you have to be in the U.S. and filing an application before you leave. They will mail the ASC appointment notice within 30 days of receipt of your receipt notice. Say for instance you send in the application 05/03/2015 and receive the receipt notice 05/15/2015, the ASC appointment notice should be received at your home no later than 06/16/2015. You can reschedule the appointment but with the knowledge that your application can be denied due to not attending. It's always up to the office if they reschedule you or not. If the TB skin test is part of it, you may have to have another one.

You are mistaken. The OP has filed for AoS, therefore they are considered in a period of authorised stay, and not out of status.

If he's/she's still in a status then what type of status does he/she have? Status generally refers to: U.S. Citz., Permanent Resident, Nonimmigrant, Refugee, Asylee. Adjustment pending is NOT a status. Also, if you go to www.uscis.gov and look at their customer service guides, one of the things in U.S. Citz. filing for a relative is this: Even if your relative is now currently out of status, as long as he/she made a lawful entry into the United States, he/she may be able to apply for adjustment of status. Meaning an exp. visa, etc...look it up.

Hello Everyone,

Me and my Wife had a very small wedding at the city hall when she came over. She has a big family back overseas and we have scheduled to have a wedding there at church and with all her family. The thing is that everything is set up and ready to go, we will be married in front of God on July 18th. Her AOS documents are being processed at the moment, so we will need to file for Advance Parole. What shocks me is that the average processing time is 90 days, which is too late for us.

I may have gotten myself into some trouble, I know I should have applied for Advance Parole sooner, but its too late now.

There is an expedited process though, if you qualify. Do you think USCIS will accept an expedited/emergency advance parole application in our case?

We have gotten a letter from the church pastor saying that we have a wedding at a specified date. I am currently getting it translated.

Is there anything else I can do to help myself out in this situation?

Thank you guys,

Igor and Anna

According to www.uscis.gov, if there's an Adjustment pending she'd need Advance Parole. If there's an emergency, the case can be expedited. A wedding isn't an emergency and plus, the 90 day processing is only an estimate. It can take longer. You can't just hand in your application one day and expect it to be processed the next. They do have one thing on there that says if you're leaving the U.S. in 48 hours you can make an Infopass appointment on their website and you'll be assisted accordingly. For the expedite, if you call customer service they tell you the wait time is between 5 and 30 days to just hear back from the office. Also, after that, more than likely the office processing your case asks for evidence that you meet the criteria but doesn't tell you what evidence to provide since that burden is on you.

I entered US with K1, married within 90 days.

My i94 expired 04 Sep14, I filed AOS on 8 Sep.

Got NOA1 in 16 Sep.

Am i consider out of status?

I will travel to Europe with my husband for vacation using my Advance Parole card. I'm concern if there will be problem on re-entry.

Anyone experience travel on advance parole ? pls share.

Thank u..

Since the I-94 is expired you are technically out of status but, for traveling with the Adjustment pending, you use the Advance Parole. If you didn't, your Adjustment could be denied based on abandonment.

To the best of my knowledge k1 petitions are not serviced by Vermont. What are the first 3 letters in your receipt number that will tell you where it was routed.

K1/K2 petitions can be processed with Vermont. K3/K4 doesn't usually get processed with them.

If you are filing for you spouse and your spouse has a child or children who would meet the definition of your child, step-child or adopted child under immigration law, then your spouse’s child cannot derive benefits from the I-130 that you file for your spouse and you will need to file a separate Form I-130 for each child. That's on www.uscis.gov. As far as the child, it depends on certain factors if he even meets the definition of a child. I'd recommend that you go to www.uscis.gov, click on about us (top right hand side), to the left go to electronic reading room, click on that arrow and go to the customer service reference guide for U.S. Citizens. This Customer Service Reference Guide provides information on the services provided by USCIS. This guide is a duplicate of the information used by the representatives at the National Customer Service Center to answer calls on our toll free numbers. --taken from the website. The third one down is Benefits for U.S. Citizens.