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theoleg

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Posts posted by theoleg

  1. Thank you for your input!

    I definitely don't want to piss USCIS off.

    We'll probably file from here and then change the address by filing AR11.

    No worries! It won't be USCIS who'll be the one pissed off if that were to happen. They'll be more than happy to take your money and simply close your case by denying your application.

    There's certainly no reason why you can't get the ball rolling now, as long as you submit a Change of Address for both you and your husband in a timely manner, and you understand that there is the risk of an additional delay, if there ends up being a need to transfer your case from one local office to another (which will depend on how far along you are in the process when you submit your Change of Address).

    Edited to note that if you're planning to move within the next month or two, I would just wait to file until you move, since there's a chance that you mightn't even receive a receipt number for your application by that time, which makes the Change of Address a lot trickier.

  2. Thank you for your answer!

    My main question is whether it's ok to file from NYC, move to CO, but go through the interview process in NYC (just flying over for biometrics and an interview itself).

    You can certainly do that, but I wouldn't recommend it.

    All it takes is one notice of action that isn't forwarded in a timely manner (e.g. biometrics appointment letter, interview letter or RFE), to have you possibly forfeit a decent amount of money and potentially months of wasted time. It could be something as simple as your tenant taking a 2 week holiday, or forgetting they'd placed your letter under a pile of junk mail they'd also received during that time.

    I can guarantee you USCIS will have zero sympathy for you if this were to happen, and you would have to re-file from scratch.

  3. Hello everyone!

    I have a question, I got my vaccinations transferred to I-693 (cuz i was missing 1 vaccine). In the clinic they gave me sealed envelope and filled out I-693 form (I didn't understand, I guess it is a copy of the I-693 that is already in the envelope?). Should I send just the envelope?

    Just an additional note - whatever you do, DO NOT open that envelope before submitting it to USCIS.

    It must be received by USCIS in a sealed condition, and opened by USCIS. I have heard of horror stories where people physically brought the envelope containing the I-693 to the interview, opening it up before meeting with the officer to check to make sure everything was there and good to go. Those who did were turned away and forced to re-do (and pay again for) the I-693.

  4. >Is the I-765 Application for Employment Authorization fee $380 extra when applying for AOS I'm sure I read somewhere you don't pay that fee when it's submitted together?

    As others have stated above, no extra fee necessary.

    To further clarify something else, as long as your I-485 application is pending (i.e. you've received acknowledgement/a receipt number from USCIS that they have accepted and are processing your I-485 application, and there is no decision made yet), you can even submit your EAD application or Advance Parole travel document application (I-765 and I-131) separately at a later date for no fee. Just be sure to note your pending I-485 application / receipt number as the reason why you didn't include the application fee.

    I have personally requested an I-765 and I-131 about 10 months after my original I-485 application (which took much longer than expected), and can confirm that I did not have to pay a cent.

  5. Thank you so much for this detailed description. I have been so depressed after my interview yesterday on april 26th. I know it rarely ever happens but i was expecting to be approved on the apot, but my status has been sitting on "my interview is completed and my case must be reviewed since yesterday". I have waited more than a year after submission to get this interview and recently got a great job that is starting on may 9th and my ead is expiring on june 25th. I have filed an extension abt 30 days ago but considering how slow dallas office is i dont know if it will get here on time.

    I really wanted my green card right now but feel like with uscis everything just disappears in the limbo. I am just sleeping since yesterday to overcome my depression. Husband has been reassuring me continuously, but deep down inside we both are just hopeless and so done with this bureaucracy. I dont want to lose this new job, but there is nothing i can do :( . Your post makes me hopeful that may be my card will get here in a week too :( my interview went great i dont know what needs to be reviewed more especially since they have had the file for over a year now.

    We thought we'd be approved on the spot as well - but we received the "Case needs to be reviewed" letter that many others have received.

    The interviewer did however state that we did seemed to have a strong case, and that we would likely receive a notice of approval (if approved) within 2 to 3 weeks, with the green card about 2 - 3 weeks after that. We didn't question that, as I guess they had done a great job of setting our level of expectations accordingly (i.e. we didn't expect anything to move quickly).

    So it was a pleasant surprise when our status online changed to "Your card is being produced" about 8 days afterwards (and to "you have been approved" the day after that). The approval notices for the i130 and i485 arrived in the mail about 3 or 4 days after, and the card exactly 15 days after our interview date.

    Hang in there!

  6. With green card finally in hand, I can now freely share our story.

    As my wife and I felt we had a fairly straightforward open-shut case, we went through this entire process without any legal counsel, other than the extremely helpful tidbits offered by this wonderful website. Although we committed quite a few rookie mistakes along the way (I'm sure after reading the timeline, some of you will be shaking your heads at how fortunate we were)... in the end, I'd like to think that our faith in the process was re-paid, as we followed every written instruction to a tee, and always ensured that any necessary documentation was produced correctly and provided swiftly.

    ---

    Our background:

    • Wife (USC) and I have been together for close to 10 years, living together for about half that (multiple lease documents and home loan with both our names)
    • Married for more than 4 years and have children together
    • Transferring from L1 visa
    • Household income well over poverty line
    • Both native English speakers. On a separate note, I am nothing short of impressed and full of admiration at how many of you whom English is not your native language, are able to handle this process yourselves. if I were attempting this in a language I wasn't familiar with, I have no doubt that I would have been forced to leave my job and this country months ago.
    • Plenty of other strong bonafides (joint bank accounts, taxes, etc)
    • Local field office is the Dallas Field Office

    Nov 2014: Submitted concurrent i485 and i130 application and fees. Foolishly did not include an application for EAD/AP at this time, as I129S was due to expire in Jan 2016, and there was absolutely no way we'd still be doing this in over a year's time (hah).

    Dec 2014: Completed biometrics - status set to waiting for interview. No RFE's.

    ...and waited till...

    Oct 2015: Received interview notice - except realized that cannot make interview date due to work commitments (overseas travel)

    Oct 2015: Filed first service call to national call center to re-schedule interview. Submitted non-refundable air ticket receipt, hotel bookings, work meeting itinerary as supplementary evidence.

    Oct 2015: Realized that I am playing with fire as I put the rescheduling request in with my I129 (tied to my L1) about to expire, and I will be out of status without an EAD within 3 months. Immediately submitted application for an EAD and AP (fortunately as long as there is a valid i485 in progress, they are still free, even if you file separately)

    Nov 2015: Received notice from Dallas Field Office accepting the re-schedule, and letting us know they'd notify us within 90 days of the new date

    Dec 2015: Realize that if the original interview took 11 months to schedule, there was a good chance the reschedule was going to take longer than 90 days, and called the national call center for the 2nd time to expedite my EAD/AP. Faxed evidence of I129 expiry, and written letter from company stating the obvious - that I would be terminated if I had no legal right to work.

    Dec 2015: Received approval for EAD/AP less than 1 week after the expedite request, and the card shortly after.

    Mar 2016: Received re-scheduled interview notice. Also received notice that my I693 that I had submitted with the original application in Nov 2014 had expired, and I would need to submit a new one at the time of interview.

    Apr 2016: Interview conducted, presented all original copies of requested evidence and a new I693. Even though we didn't think we'd be nervous, we were. Interviewer was courteous but strict (especially with the applicant... me!). Many questions were looking for details that I didn't have an exact answer or provided an incorrect answer to (e.g. "what was the port and date of your last entry into the USA"), but he did seem satisfied at my best effort answers. We did not receive a yes or no on the spot, only a sheet of paper letting us know that they'd need to review our case.

    Apr 2016: A little over a week after the interview, we received the notification that we'd been approved. The card arrived about 5 days after in the mail!

    ---

    Best of luck to the rest of you who are still waiting!

  7. So my wife came in on k1 visa. Things didn't work out. She screwed me over. She cheated on me. On December 28th she got notified that they are sending her greencard in the mail to her address (she has her own apartment now). Is there a way for me to still get her card revoked or something? I plan on getting a divorce obviously but I don't want her here anymore. I know she would voluntarily leave if her card got denied or revoked somehow.

    Not that we want to encourage being vindictive or anything, but was your marriage less than 2 years old when she got her green card? If so, it is likely going to be a conditional green card with a 2 year validity, where she will need to remove the conditions or lose Permanent residency.

    https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

    If you can prove that the marriage was not entered in good faith but to evade immigration laws, you did not physically abuse your spouse and are not already divorced, I imagine you may be able to make it very difficult for her to remove the conditions at that time. There is no foolproof way of "getting someone out of the country", but you can certainly make life difficult/expensive for them.

    Once divorced, she will be able to waiver her way to a 10 year green card. Without being divorced though, the onus will be on her to provide the proof of divorce or annulment of marriage.

    ----

    If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

    • You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
    • You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

    Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

    ---

  8. Hi All

    I am F1 student who married a USC. My timeline:

    - July 2015 - Got married

    - Aug 2015 - applied for AOS (I130/485)

    - Sept 2015 - biometrics appointment

    - Nov 2015 - received EAD/AP combo card

    Current case status on USCIS site: As of September 30, 2015, we are ready to schedule your Form I-485 for an interview.

    I am traveling out of the country for 3 weeks starting next week. I will be asking USPS to hold on my mail till Feb 5th.

    - Does USCIS post the interview date online (as case status) along with sending interview letter in mail?

    - On average how much time between receiving interview letter and actual interview date?

    - In case interview falls during my travel period, how can i reschedule?

    - Should I be expecting RFE as it has been like 5 months since I submitted my application?

    - Does the online case status reflect RFE in case there is one?

    Thanks in advance.

    Happy Wednesday!!!

    - Does USCIS post the interview date online (as case status) along with sending interview letter in mail?
    Yes. The online status update should read something like "On [Date], we scheduled you for your interview and mailed you an interview notice for Receipt Number [Receipt #]. Your interview is on [Date]."
    - On average how much time between receiving interview letter and actual interview date?
    Provided your mail arrives on schedule and isn't delayed, usually about 3 weeks to 2 months in advance.
    - In case interview falls during my travel period, how can i reschedule?
    Instructions to reschedule are included on the mailed i-797 interview notice (not on the online update) - I believe these instructions have changed over time, so it is best to follow what you are provided.
    It is strongly recommended that you don't reschedule unless absolutely necessary, as it's up to the case handler's discretion as to whether or not they will accept your reason to reschedule, and often takes a while to respond to the request to reschedule (it is not uncommon to hear of cases where they will respond with a "no", AFTER the interview date). In some cases, the rescheduling may push your application back a few months, forcing you to extend your EAD, submit a new I-693 for a medical (due to the 1 year expiration date), etc.
    - Should I be expecting RFE as it has been like 5 months since I submitted my application?
    Quite a few field offices around the country are experiencing delays - I'd do a search on this and other websites to see if anyone else whose application is being handled by the same field office as you is facing similar delays, to get a better indication of what the situation is.
    - Does the online case status reflect RFE in case there is one?

    Not that I'm aware of - though I've never received an RFE, so someone else might be able to answer this better.

  9. Thanks theoleg. Great descriptions and great links.

    It appears we have thoroughly established that I should NOT travel and try to re-enter the US while on the TN once the AOS has been submitted and I'm waiting for the AP.

    But, the question still remains...

    Can I travel and re-enter the US on my TN visa AFTER I'm legally married to a US citizen and have NOT submitted the AOS yet (like Manzan76)? Is there greater risk of being denied re-entry on my TN now that I'm married (and have NOT submitted AOS)?

    Really appreciate all the help everyone.

    My apologies - I hadn't actually properly read your question.

    Again, huge grain of salt since I wasn't in the exact same situation, but I can't imagine why you wouldn't be able to do so. Just because you are married to your USC wife, there is absolutely no obligation or requirement that says you MUST submit an AOS. If you have no intent of living in the US at the time you enter, I can't see any reason why they would deny you entrance just because you are on a TN visa, the Visa Waiver Program (ESTA), or any other type of non AOS visa.

    I married my USC wife and traveled back and forth from the US multiple times on both the VWP (ESTA) and an L-1 Visa - we only applied for AOS a few years after.

  10. Manzan76, you've gotten down to the heart of my question. I was under the assumption that once I get married (legally with certificate) I won't be able to re-enter the US with TN status. Therefore, I thought I needed to do AOS and transition to green card as soon as possible. But, if I can travel freely back and forth outside of the US while being married and still on the TN, I am in no rush to start the AOS process.

    Does anyone else have the same experience as Manzan76?

    Not someone in the same boat so take my advice with a big grain of salt, but in a nutshell, it probably isn't recommended to try traveling on your TN once in AOS without AP (see reasoning below). The absolute safest thing to do would be to submit the AOS after all of your international travel commitments are over (as you never know, your interview may be scheduled whilst you're abroad), but I also can sympathize about not wanting to put your life on hold for bureaucratic red tape.

    If you try getting everything done ASAP, be prepared to be flexible - you may need to put through expedite requests, interview re-scheduling requests, having someone setup to check your mail on your behalf whilst you're out, etc. If you and your significant other are fairly stress-free, organized people and can do this whilst planning for a wedding and honeymoon at the same time, I say why not.

    The CBP website below clearly states the only exceptions to traveling/re-entering the US without holding AP whilst in the midst of AOS are those with:

    1. H1B Status and their dependents
    2. L Status and their dependents
    3. K3/K4 Status and their dependents

    (https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel)

    The following website describes your situation best I believe:

    "TN/TD status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in TN/TD status. While filing an I-140 or I-130 requesting Permanent Residency does NOT impact a beneficiary's current TN/TD status, filing of this kind of petition can impact a TN/TD beneficiary's ability to travel and re-enter the U.S. in TN/TD status due to the intent required for TN/TD status. For this reason persons who are currently in TN/TD status are advised NOT to travel internationally once a petition requesting permanent residency has been filed."

    http://www.lsuhsc.edu/administration/academic/ois/travel_while_pr_pending.aspx

  11. I am hoping someone can estimate wait time in Dallas, TX for scheduling Adjustment of Status interview.
    My wife's I-485 is processing and she has already been to get the biometrics. The case status online shows this: As of November 2, 2015, we are ready to schedule your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number XXXXXXXXXX, for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice.
    Does anyone know about how long it takes in Dallas for them schedule an interview and send the notice? It seems like a month just to schedule the interview and send the notice is longer than it needs to be.
    I just want to make sure I'm not missing something.
    Thanks,

    Unfortunately people who applied in December 2014 (and likely finished their Biometrics in January 2015, receiving their "ready to schedule your interview notice" in Feburary 2015) have only received their interview notices last month. So if the speed at which applications are being processed remains consistent, you've got about 8 - 9 months to go.

  12. Hi there. Thanks for your info. Omg seems like i have to wait for alomost a year i guess. I sent application on april 2015. So just half way waiting time. I checked that mostly people wait really long.

    I have a question. I can still use my advance parole to travel home with my husband even though my J1 visa (which my visa i first came to the US) expired year ago?

    Yes - it's been incredibly frustrating to say the least... hang in there!

    My understanding is that as long as your i-485 is still in progress and your AP is valid, then your travel and subsequent return to the US should not be an issue (however, as with all things related to US immigration, nothing is 100% guaranteed)

  13. Thank you for your advice. I actually have the appointment with the immigration officer this thursday. Should i ask them when the interview will come or usually how long does it take for getting the green card interview? Will they consider about my case after i ask them? I mean they will doubt and make it longer to wait?

    I also will ask if i use advance parole to travel oversea is it gonna affect my case later?

    When yoi were at the interview, did yoi bring all the forms you used to fill out before ? Or you just brought the original documents only?

    Thank you so much

    Unfortunately Dallas is one of the most backed up field offices right now - those of us with application dates of November 2014 are only just getting our interviews scheduled for this month (which means the wait time for an AOS interview notice is about 11 months).

    See this thread for what some other Dallas AOS filers are experiencing:

    http://www.visajourney.com/forums/topic/515180-dallas-aos-filerstimelines-2013-2014/page-14

    As for your AP question, I can't imagine using it will have any bearing on your case (that's what it's there for!) - unless being out of the country causes you to miss your interview, or you're out of the country for an extended period of time (over 6 months) without good reason. My advice is purely from a personal standpoint, so take it with a large grain of salt.

  14. Yea I think we should just stick with the current address.

    I am considering InfoPass, but it requires at least 40 days before you schedule one. So I'll have to wait. Hopefully magic happens that my status will be updated next week.

    Take a look at this thread:

    http://www.visajourney.com/forums/topic/515180-dallas-aos-filerstimelines-2013-2014/page-15

    A few of us who filed late November 2014 and scheduled to interview at the Dallas Field Office are starting to receive our interview notices - so I imagine yours should be coming through very soon.

  15. Thanks for the quick response.. Dallas office is so ridiculously slow..it blows my mind. I filed in January, 2015 so I suppose I will get the interview letter sometime next month. What do you think?

    I think that's a pretty reasonable assumption - though you have to remember that November and December are usually pretty slow months with the holiday season (and government offices are no exception to the rule!).

  16. The status updated online yesterday, but I have not received the letter in the mail yet. It says online that my letter should arrive soon. I feel like they've been pretty good about updating things online immediately. That's how I've been notified first about things.

    Thanks for the heads up! Just checked here as well, and my status online was also updated for an interview in November! (letter yet to arrive)

  17. I've submitted a request and they said if I don't hear anything for 90 days; I should call back.

    I think Dallas is gunning for the maximum wait time..

    This is really sad and frustrating..

    If this makes you feel any better, my timeline is probably pretty similar to yours, and stuck in "waiting for an interview letter" limbo:

    Filing Date: 11/20/2014

    Biometrics completed: Mid December 2014

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