blackeyedsusan

I'm sorry guys, I'm clearly mixed up here.

The NVC has the case, we've submitted all the documents (proof of relationship, I-864, etc) and paid all the fees. The NVC said they will work with the embassy to schedule an interview. I spoke wrong when I said they sent it to the embassy for an interview. And the message we sent was to the NVC, not USCIS. My apologies for all my confusion. 

So basically, we just continue to wait, right? The last response from the NVC was in March when they said they will work with the embassy to schedule an interview. So I'm wondering if anybody has a clue about what time frame we might be looking at?

My husband applied for a green card for my father-in-law. I-130 was approved, and the NVC says the case has been sent to the embassy in Haiti for an interview to be scheduled. It's been 4 months and we haven't heard anything. We submitted a request for an update on the USCIS website, but apparently they are just now responding to requests from May. My husband thinks we need to contact a lawyer to urge things along; I think that's a waste of money and everything is probably just backlogged (as usual). Does anybody know what the normal wait time is for Haiti these days? Or is there anything we can do?

9 hours ago, Family said:

I am not guessing.
Perhaps if you read the notice again , it will be clearer to you . You can consult an immigration attorney , rather than make a decision based on “ votes” / responses. 

It’s a bit surprising they did not waive the interview altogether since majority of IR parents are waived. 
 

 

For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant. In addition, derivatives are also required to appear regardless of the filing category.

 

I didn't mean to question your knowledge and I'm sorry if it came off that way. We were told early on in the process that he wouldn't need to be at the interview, so that's another reason I just wanted to be clear. We just booked his plane ticket so it's all fine. He'll be there with her. 

So I have one vote for petitioner to go along, and one vote that he doesn't need to. Could somebody else also weigh in? Or how do I find out? We are on Maryland and the interview is on Miami, so it's a big deal for him to go along. 

On 8/8/2022 at 11:07 PM, Lil bear said:

DQ documentary qualified ,.  does not apply to the AOS process.. only consular processing where the beneficiary is overseas and the approved I130 is sent to the NVC for the immigrant visa document submission    

She's already in the US so we went straight to AOS.

10 hours ago, Queen14 said:

She need to bring everything with her plus more evidence to show even though that’s  her son. What month was she DQ ? Still waiting interview for my parents .. good luck 

I'm not sure what you mean by DQ, but we applied for her in June of 2021.

My mother-in-law has an interview scheduled for her 485 on August 17. Her son is the petitioner. Is he required to be at the interview? The notice states, "If the beneficiary on the I-130 visa petition is NOT your spouse, he or she should appear and must submit supporting documents of relationship." So her son is obviously not her spouse, but he's the petitioner and she's the beneficiary, so i dont know why it's worded this way. We've already submitted proof of relationship, documents pertaining to the 864, etc. Does she need to take copies of everything along with her?

Thank you so much. I was hoping Boiler or TBone would respond and agree. Sorry CrazyCat, not that I didn't trust you but I just like to hear from a few people. 😊 cheers.

Any opinions from others? Her husband is still in Haiti and is quite sick, and she would like to go visit him in August. Just want to make sure it's reasonably okay for her to go.

My husband applied for AOS for his mother in June 2021. She entered from Haiti with inspection and overstayed by 10 years. She finally got her EAD/AP combo card today. I-485 is still pending with no interview date scheduled yet.

Do you think she would be safe to visit Haiti using AP? Or is it too risky because of her overstay? Would the possibility of a ten year reentry ban really be left up to the discretion of the CBP officer?

2 hours ago, HRQX said:

So I assume she is younger than 79. Correct?

Yes she is. 

Thank you both. That's pretty much what I thought, but I think the others were assuming that applying for TPS would be faster and give her some sort of legal status while we wait for the AOS. We applied for the EAD and advanced parole along with everything else, so now we're just waiting.

Sorry, I know that technically we just petitioned for her and she applied for the AOS.

We applied for AOS for my mother-in-law in June. She entered legally with inspection, but overstayed. Now, TPS is open fo Haitian citizens again and people are telling her to apply. But is that even possible with a pending AOS?

16 hours ago, Luckycuds said:

It doesn't look like Florida allows undocumented individuals to get an identification card, although I am not surprised. https://www.leetc.com/driver-licenses/document-requirements

She can use her expired passport. https://citizenpath.com/adjustment-of-status-interview-checklist/

Okay thank you so much!

15 hours ago, SteveInBostonI130 said:

Are you trying to adjust status?  Your MIL had to have arrived to the US legally first.  If her I-94 expired while waiting for AOS then that is ok.  Actually, it would be ok even if she overstayed when initially filing for I-130 and AOS as an immediate relative of a USC.

Yes, she entered legally and over stayed. So everything is expired. Applied for I-130 and I-485 together.

We petitioned for my husband's mother, who is here illegally. Her Haitian passport has expired, and she doesn't have any other ID to bring with her to an interview. Does anybody know, can she use her expired passport? Or can she get a Florida ID without proper documentation of status?

On 7/5/2021 at 10:32 PM, Luckycuds said:

Checking to see if your check was cashed or if you received the NOA?

Sorry, I forgot to update! They returned the entire package because I forgot to include the biometrics fee. 😤 We sent it back right away, and the check is now cashed and she got the receipt notices today!

36 minutes ago, payxibka said:

Taking up to 8 weeks to get notice

You don't think it's strange that they haven't even cashed the check yet?

My husband filed a petition for his mother at the Chicago lockbox. USPS tracking shows it was delivered on May 6. However, we haven't gotten any receipt notice and they haven't even cashed the check. They ALWAYS cash the check! 

I've tried calling and I can't get through. I can't fill out the online form because I don't have a receipt number. What else can I do to make sure they got it?

On 4/29/2021 at 12:17 AM, Boiler said:

How did she enter.

With inspection on a visitor's visa. Overstayed due to the economic situation in Haiti after the earthquake. 

11 minutes ago, payxibka said:

4.  Your mom is the applicant. Its her interview,  your husband is not involved in that part

So my husband won't be interviewed, even though he is the petitioner?

We are getting ready to petition for my husband's mother. I have several different questions so I'll try to remain clear.

1) She's worked illegally in the US for the past ten years, getting paid "under the table." Will there be any IRS involvement once we disclose this to USCIS? To my knowledge she has kept no record of her income. 

2) Do we send in the I-864, Affidavit of Support, along with the I-130? Or do we give that at the interview?

3) She wants to adjust status along with filing the petition. Can we send the I-485 and the I-130 along in the same envelope?

4) She lives in a different state than us. Will she and my husband have to appear together for an interview, or will they be conducted separately in our own states?

5) We also plan to petition for his father in the future. Will we need to wait until his mother's case is resolved?

I thought I was done with USCIS after my husband's citizenship. But, here we go again!

15 hours ago, aaron2020 said:

Your husband would file an I-864 as the petitioner. 

You would file an I-864a as a Household Member.  This will allow you to combine income with your husband to meet the financial requirements to petition his mom.

Filing taxes together is not sufficient.  You have to file an I-864a.

Okay thank you. So just to clarify, the requirement is for the household income, correct? Neither of us makes enough on our own, but combined we're fine.

We're looking at petitioning for my husband's mother. My husband does not meet the financial requirements by himself, but together we more than meet the requirements. We always file our taxes married, filing jointly. Do I need to sign as a co-sponsor, or are the jointly filed taxes sufficient?