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tuanphan21290

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Posts posted by tuanphan21290

  1. On 7/11/2017 at 2:44 PM, cocann said:

    I suggest you add your data to the N400 December Filers timeline, so you can compare with others.  If you have not been placed in line for interview, your case is likely still in the background check process - which is specific to you and is not easy to predict when it will be finished.

    I just cameback from Infopass and the officer told me my background has been clear from FBI and is in queued for interview schedule. Seattle Field Office is currently processing any applications prior to October 16, 2016, and I should hear back from them within next 2-3 months. I hope it is true.

  2. On 7/6/2017 at 0:35 PM, Hopeful2004 said:

    I think it's important to also take into consideration whether or not your background have been cleared with the FBI. If you haven't been put in Line for an interview yet, which usually means you've cleared background, your field office can't do much for you. 

     

    What is your online status at the moment? 

    Nothing but "Fingerprint Appointment Was Scheduled" since Jan 9, 2017. Thank you!

  3. Hi everyone,

    I am a USC and filed I-130 for my father in Oct 13, 2015 at California Service Center. As of today, April 18, 2016 the case is still pending for more than 5 months now. Here is timeline of the case:

    October 13, 2015: Case was received by California Service Center (Case: WAC16900...)

    November 6, 2015: Your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, was transferred to Potomac Service Center for Premium Processing.

    November 11, 2015: We transferred your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, to another USCIS office that now has jurisdiction over your case.

    March 13, 2016: We received your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, at your local office

    Does anyone experience the same issue? I don't understand why my I-130 has to be transferred to local office instead of USCIS Service Center.

    FYI: I have also file separate I-130 for my mom early 2015, and she already received her green card. My father decides to come at the later time because I have another 2 minor siblings in Vietnam.

    I really appreciate your response.

  4. Why should she return to Vietnam? The law allows her to adjust status. What is improper about adjusting?

    Your aunt can AOS.

    Her USC husband must file separate I-130s for her minor children. The children's father must give his written permission for them to immigrate.

    Thank you so much. I don't see why she can't file AOS because INS has accepted her application, and she already did her fingerprint. The husband mentioned about bringing the other 2 minors here so they can take care of them. That's why I was asking which would be fastest way.

  5. Hello everyone,

    My aunt came to the United States under B1/B2 Visa, and she is now marrying to the USC. He filed I-130 concurrent with I-485 for her, and I have a question regarding her children back in Vietnam. She has 2 minors that are currently living oversea with my grandparents. My question is what will be a process for her to bring them here? Should the husband file separate I-130 as they are qualified for step-child, or should she filed I-824? Please help! I really appreciate it.

  6. When I said they started giving me a trouble, I meant that my wife have abused me, slapped me and his boyfriend punched me on my face and I have the police report on that. Since my wife knows that I have no legal status, she have threaten me that she will get me deported. She has also said that if I take any legal action on her abuse and stole my money, she would send her boyfriend to F**meUP. I have got restraining order against her. Her boyfriend has been calling me and telling me that I have to leave this state or country otherwise he would kill me. My life has been so misreable, and dont know what to do now. I am so depressed.

    File I-360 as an abused spouse.

  7. They hold your passport is a good news. Administrative Processing is when Visa in production. You should receive a different status after couples days from AP to ISSUED. If there is a problem, officer would give you a letter indicate what is missing or reason why they cannot accept your application at that time. Otherwise, they will keep your passport because you have been approved.

    When my sister has her interview at the US Consulate for her green card, and when I renew my F-1 Visa. CEAC always changed from Ready to Administrative Processing and then Issued. Then, you will receive your passport with your immigrant Visa after 2-3 days.

  8. Yes you can. My brother-in-law was in this situation. His partner and him came to Seattle to get married since Seattle was the first city allowed same-sex marriage at that time. Then he filed Adjustment of Status at his local USCIS, Houston, TX. The application process will be as same as any other marriage based application. He got his green card just 2.5 months after filed, and the interview quetions was really easily as he told me.

    You can find more information from USCIS website http://www.uscis.gov/family/same-sex-marriages

  9. Hi all,

    There is a question in Part 3 of I-485 asking that "Was you inspected by a U.S. Immigration officer?"

    I believe I should answer YES for this question because I have been asked questions and issued I-94 when entered the US as an F-1 Student. However, I accidentally checked NO for this question?

    I have already received my Receipt Notice for I-485, and will have my fingerprint next week. My question is will it effect my I-485 application? Can I call USCIS Customer Center to change my answer or should I leave it as it is?

    Thank you!

  10. Well that is the problem. They will not leave them behind of course. That is why I'm seeking for help. To try to understand what are the best options.

    When you consider your siblings as minor, you are talking about under 21-year-old and unmarried correct? If so, these minors will fall into F2A category.

    345o60x.png

    F2A for Mexico is around 18-24 months. What happen to my cousin's family is after getting Visa, each parent immigrates at different time. My uncle (the father) got here first to get I-551 stamp on his passport, then file I-130 the next day. After getting his green card (roughly 2 months), he came back and let the mother immigrate to get her green card. This way the minors will not be left alone. and now my cousin's family all reunited in the US after 18 month of waiting for F2A category.

  11. If you exercised any benefits associated with your I-485, I-765, or I-131 (say you worked off-campus using your EAD as work authorisation, or departed the US and re-entered on AP, for example) then your F-1 status is gone.

    If you did not exercise any benefits under your pending AoS then you can withdraw your I-485 and resume your F-1 status without issue, since you essentially never left it.

    That's a great new! I really appreciate it.

  12. This is what I found from an attorney's website, I hope it is true:

    EAD and Pending I-485 status

    you use an EAD that is based on your pending I-485 application, your visa status may be affected. For this reason it is important to consult with an experienced attorney before using the EAD if the EAD is based on your pending Adjustment of Status application. A person who has filed for an I-485 and who uses an EAD will lose valid non-immigrant status. An F-1 student or H-1B visa holder who does this will be considered to be in I-485 pending status and out of F-1 or H-1B status.

    If the I-485 is denied, then the applicant cannot remain in the U.S. and will have to leave. If, however, the applicant does not use the EAD, he/she will be able to retain his/her visa status and remain in the U.S. for the duration of his/her non-immigrant visa, even if the I-485 application is denied.

    Examples:

    An F-1 student applies for an I-485 adjustment of status and an EAD. He uses his EAD while the I-485 application is still being processed and while he is still going to school. Currently he is in I-485 pending status. If his I-485 application is denied, he must leave the US, even though he has not completed his studies.

    If the F-1 student applies for an I-485 adjustment of status and an EAD and he uses the EAD while the I-485 is being processed, he is in I-485 pending status. If his I-485 application is approved, he will become a permanent resident of the U.S.

    If the F-1 student applies for I-485 adjustment of status and an EAD, but does not use the EAD while the I-485 is being processed, his F-1 status is still valid and regardless of the decision pertaining to his I-485 application, he can remain in the U.S. to finish his studies. - See more at: http://www.hooyou.com/ead/ead-pi-485.html#sthash.aRMr3mw5.dpuf

  13. Since your parents married after you turned 18 you do not qualify as a step-child of the USC. Your LPR parent must file a petition for you, I-130, and the wait is about 2 years although it varies.

    If I decide to withdraw my I-485 since I am not eligible, will I still be eligible to stay in the US under my F-1 Visa - I still keep my F-1 in status as of today? Thank you!

  14. Does anyone have experience to file Adjustment of Status for Derivative Beneficiary?

    My dad married to my step-mother (US Citizens), and I am here as an F-1 student. My step-mother opened I-130 concurrently with I-485 for my dad, and I-485 for myself because I am qualified as a derivative beneficiary. I got I-485 receipts for both my dad and myself last week and just did my fingerprint appointment this morning. When got home, I receive REF for myself from USCIS asking me to provide my eligibility for filing I-485. They request to submit NOA for I-130, and receipt date must be either before or same time with I-485. They also said if I did not file I-130, I must consider withdraw my I-485. I thought as long as my name listed on my dad I-130, I should be eligible.

    My question is:

    Do I need a separate I-130 file on my behalf? If so, who should be a petitioner?

    Since I did not file a separate I-130 for myself, can I withdraw and reapply I-485 with a letter explain my eligibility as derivative beneficiary?

    Thank you so much!

  15. Hi,

    I am a permanent resident and has petitioned for my wife. She is F-1 student. Our case was sent to NVC and I did started Consular Processing early this year. After my case was completed in July, I was waited so long for interview appt but haven't gotten it yet.

    Now, Oct 1 is when my PD is become current, and I changed my mind and started AOS processing since my wife was already in state and still maintain her F-1 status

    Coincidentally, after sending my I-485 package in the morning, I also received the appointment notice from NVC in the afternoon sameday.

    My question is will it be a problem if I am switching to AOS at this last minute? What do I need to do?

    Thank you!

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