Joey & NaYa

5 hours ago, geowrian said:

No new I-130 is needed. That is based on the marriage or other relationship. The issue is with the AOS only.

 

The lack of an I-864 alone is cause for outright denial. Anyway, both that and the I-944 is now required when he refiles.

 

I'm uncertain on the best way to approach the entry issue. The I-94 is usually sufficient. You could try an I-102 although I’m not sure if that would really be different.

I-102 is for replacement of I-94 which we have. I also agree that usually I-94 is enough. I will take copies of application and review exactly what was in there.

Hello Folks,

A relative of mine has a peculiar case that we need some guidance with.

Background

Recently received a Notice of Decision for I-485 Denial. The reasons why I-485 was denied are:

1. Record of entry into the United States not completed (Although he filled out I-94 portion and added I-94)

2. No I-864 attached

3. Birth Certificate not acceptable (Old form)

Now below are the questions we have:

1. He has a copy of the I-94. (Entered in 2003). However, the passport he entered with has long been lost.

    In his first application, he stated that the passport is lost and therefore does not have entry passport and visa information. How can he get around this problem? Note that the I-94 is available.

2. The I-130 is pending. No decision yet. Do you suggest that he starts all over again with both I-130 and I-485? In case I-130 is approved, can he file a new I-485 against the same old I-130? What are the chances that the I-130 will be approved though I-485 has been denied?

Please share your experience and/or knowledge.

Thank you

On 11/13/2017 at 11:27 PM, Max_003gh said:

I was given a piece of paper after my interview last year in October, that said they weren't sertify of my married and that all docs will be mail back to the department of homeland security and for them to preview our docs and contact us, my wife and I have been going through the uscis webpage tracking out our status, couple of months ago it said issued and my visa is ready to picked up, in 2 to 3 days it changed to under going administrative processes, can anyone tell me what's happen, he they have ever been gone under this stress and what was the result at the end?? THANK YOU

Usually it takes about 6 months for the case to be returned to DHS.

Once they receive it, they do a review and send you either a Notice of Intent to Revoke (NOIR)/Notice of Intent to Deny (NOID) OR reaffirm your case. When they send you an NOIR/NOID, you will also receive reasons why your case was returned. Subsequently, you will have the option to send evidence to rebut the claims of the Consular Officer who interviewed you.

If your evidence is sufficient, they then reaffirm your case and send it back to the embassy with a recommendation to approve visa.

This whole process takes an average of about 18 months. As for the status changes, do not pay attention to it especially when they give you that letter of denial.

Hope this helps.

10 hours ago, Melissa19886 said:

Hello,This past August I went for my greencard renewal appointment and I was given an extension sticker on my old card which extends it till august 2018. I'm traveling to Africa next month and I'm so worried about traveling with it and hoping I don't have any problems. I'm going on Turkish airlines. Anybody been through this? Thank you ...

So long as you have the extension, it should not be a problem. 

Congratulations Loveneverfails!!! Finally. I am so excited

21 minutes ago, jseals0421@gmail. said:

Hi all!

As of this morning my wife informed me my Stepkids have decided they want to take my last name as well. We're both very happy but this puts a bit of a wrinkle in things.  Everything I submitted for the I-130 has their fathers last name (birth cert/passport etc).  Can this be done without throwing a wrench in the whole process?  If so, is there a point where it becomes a no go?  I don't know how quickly it can happen since their dad needs to sign and only visits every so often.  Thanks in advance. This is both a very happy but also very worrisome moment. 

It is not a big deal at all in the eyes of USCIS or the Consulate provided you have all the necessary change of name documentation and a new passport with their new names.

In your case, I think getting their father to sign will be the issue. Once you can have that done, complete the process and have the documents there is no problem. My wife changed her last name to mine after her interview. This was done when our case was in Administrative Processing and it was not a problem at all when they were ready to issue the visa. They took the documents, verified and that was it even in that late period in the process.

21 hours ago, kwameK said:

Really , my father petitioned on my behalf and he said he might schedule for the DNA test today , he is in Michigan 

For Ghana, it can take anywhere between 3-6 months. It is good that your father will initiate the DNA process immediately. Once your father completes his side of the test, the embassy will call you with directions on where and when to go for your swipe or sample to be taken.

Once everything is done and the embassy receives the results, they will call you with directives. That is where the process keeps long. It takes about 3 months average for them to get back to you. 

When the call finally comes, it may be for you to show up at the embassy, to inform you if they need any new documents submitted to DHL GSS desk or to tell you when to go pick up your visa from DHL.

It can take a while but do not be stressed because at this point the only reason for a denial will be if the DNA doesn't match.

1 hour ago, Blessing250 said:

Ceac status says ISSUED .

with a note which says ' your visa has been printed'

I still do not understand why it takes two weeks for it to get to DHL.

Generally, it takes about a week after status changes to issued before passport and other docs become available at DHL. For the past 2-3 months, they have some backlog so it takes more than a week. On a normal day, after visa is approved at interview, they tell you to pick up in 2 weeks but now 3 because of the delays. If you are in a hurry check back with DHL after a week. A lot of things are not understandable but that's what it is. Unfortunately you won't get any different answers.

3 hours ago, onetanko said:

Hello. Please My Returning Resident Visa Was Approved after my interview and the us counsulate asked my to submit my medicals to DHL after i get it and my visa will be issued withing 2 weeks. I submitted my medical to DHL and still waiting for 3 weeks now. Still never heard from them. And my status still shows Administration Processing. Any help please

There is a severe backlog at the embassy. Currently, it takes about 5-7 weeks for items dropped off at DHL to be processed. Do not be worried, it'll be completed soon.

Don't let the AP unsettle you. It is in AP because they are waiting for the medicals.

13 hours ago, Jemal deen said:

Hello hope u are doing great I just want to ask if u have plan to go and pick up your visa and when are u going and our case has no progress it's still in AP and they are claiming they haven't received it today is 1month and we made our congress man contact them and they are telling him the same story so he ask for the receipt I was given after I submitted my documents to the DHL SO I GAVE IT TO him we are still waiting tho 

 

Hi Jemal, We have already picked up the Visa and my Wife has already arrived in the USA. 

It took 9 weeks from DHL submission to Visa in Hand so please have patience. They claim they are short of workers so it is taking time.

3 hours ago, Jemal deen said:

Thank god am so so happy for you I pray that it gets to my turn soon 

 

 

Thank you VeVe and Jemal.

45 minutes ago, Jemal deen said:

Okay thanks so after they have received the doc have u check on the case website to see if they have issued your visa or something like that ?

Yes. Actually changed to issued today

7 minutes ago, Jemal deen said:

Hello have u head anything about your case yet pls am getting nervous now today is 2weeks since I submitted the document at the DHL and till date no anyinfo I email the embassy and they are saying they have not received it and they said it could be in a line I don't even know what to do 

 

Hi Jemal,

Yes, at this point all you can do is to be patient. They have finally acknowledged receipt of the docs after 7 weeks.

Their reason is that they are short of workers so there is a backlog. We had to wait 7 weeks. So 2 weeks is fine. Do not be too alarmed. Hopefully, it goes through soon.

10 minutes ago, strongmyk said:

Yeah it was this morning but looks like its back to normal now

Yes you are right. Back to normal now.

Hi VJers,

Wondering if anyone else is having issues with the CEAC status check website. Maintainance is scheduled for Sunday but it seems the site is having access issues today.

Thanks.

15 minutes ago, Jemal deen said:

Hello I just want to ask if your visa has been issued after the long wait thank u 

Hi Jemal,

Not yet. Embassy kept saying they have not received any documents from us but still waiting for them. We checked with the GSS office at DHL and they confirmed sending the package to the Embassy.

We finally managed to get an audience from somebody at the embassy in person where they claim the package is not missing but they are short of workers and nobody has touched them yet.

So 7 weeks after submitting the requested documents, they have not been touched yet. One may wonder how many workers are needed to sort and place documents submitted to DHL in their corresponding case files but I guess 

the waiting continues.

4 hours ago, ChelAnnan31 said:

Hey everyone, I just wanted to post a topic here because I filed a Cr1/ I-130 for my husband back in November 2016 and it's been 5 months and I haven't heard nothing yet.. Is there anyone out there who may have gotten approved or have heard from USCIS since submission, other than a NOA1? If so, please be so kind and respond to this post. Thanks!!

 

Depends on where your case is.

Go to this website and track timelines based on the Service Center your case is at:

https://egov.uscis.gov/cris/processTimesDisplayInit.do

Hope this helps

12 minutes ago, VeVe said:

That is a possibility.  Can you check on the DHL website? 

Hi Veve, in Ghana, the Embassy has a collection center at the DHL head office where you physically submit any required documents. It's not an actual mail service where you receive tracking number to check with. Got the drift? 

2 minutes ago, VeVe said:

If DHL delivered the documentation, your case will update on the CEAC website. Anytime the case is "touched", you will see a new update date. 

This is exactly what I expected but I'm left to wonder why DHL will fail to deliver the package to Embassy 5 weeks after submission. The only time case has been touched after we submitted the documents was when somebody checked case notes to respond to our email inquiry. Maybe we have to follow up at DHL in case somebody forgot to do their work. Seems unlikely but possible considering everything else,

Hi folks,

I have been data mining the Ghana archives but I can't find anything closely related.

Our case has been in AP since June 2016. 

9 weeks ago, the embassy responded to my Senator's office saying our case has been reviewed and the applicant has been instructed to submit new medicals, police report and passport for visa to be issued (Although we had not heard anything from them).

Finally, 5 weeks ago, we received that call asking for us to submit the items and expect the visa in 2 weeks.

2 weeks has become 5 weeks and the only update we have seen was because somebody checked to respond to our email.

Case still shows as in AP. The email response last 2 weeks after our inquiry was along the lines of "We have not received your documents. When we do, they will be reviewed and we'll inform you of next steps".

It's all so confusing. Wondering if anyone has a similar experience.

- Is it likely the GSS center (DHL) misplaced the dossier or forgot to forward it?

- Could it be that the Embassy has the dossier but just not touched it yet?

Any ideas/perspective/experience is welcome.

Thanks

14 hours ago, Penguin_ie said:

It is technically possible, but why would you want to do that?

Spouse is a LPR and beneficiary is in the USA already. As you know, AoS is only possible as an immediate relative of a US Citizen.

Hi VJer's,

Please anyone with some insight can kindly share.

1. Is it possible for a spouse to file Waiver of Inadmissibility while your child files I-130?

2. Is it a MUST for the same person who files for the waiver to be the one filing I-130?

I have always thought the same person does both but I just heard from a source that a spouse (Citizen/LPR) can apply for the Waiver then a US Citizen child can file the I-130 (i-485 inclusive) using the approved Waiver application.

I am curious what folks think/know about this.

Thanks!

59 minutes ago, JListon said:

Thank you for this information. My wife is in San Antonio, TX. Can you help us how to get in contact with a Senate or congressman. 

You are welcome. Currently, there are 2 Texas U.S Senators. You can use any of them. Alternatively, you can use any of the 4 congressmen. San Antonio has 5 congressional districts. You can find your district by using your address (zip code).

Regardless of who you choose to go with, they all have websites. On their website, search for something along the lines of "Help with a federal agency". The specific instructions will be provided on the website.

Follow this URL to know the districts and their respective congressmen: 

http://www.fyi.legis.texas.gov/City.aspx?CityCode=65000&CityName=San Antonio

If you need help, send me a private message.

8 hours ago, JListon said:

After our case Cr1 case was not approved by the consulate in Ghana on Dec 2016. And for sometime now our case status has not been updated.

we had all our documents and evidence on point. 'what the consulate officer said was; i am sorry i cant issue you the visa at this time'. Anyways we are still believing God for the right season.

My Wife is pregnant and needs me speedily. Please do any of you have any idea how long it will take us.

 

Administrative Processing

Immigrant Visa Case Number:	ACC2016................ 01 ACC
Case Created:	28-Jan-2016
Case Last Updated:	11-Jan-2017

 

There are a lot of caveats to this. Couple Questions:

1. Did the CO outrightly say you have been refused? Call for more documents? 221g sheet had Administrative Processing (AP) circled? (From your description it sounds like outright refusal)

2. When she gave the documents back, did they include the Originals of Marriage Cert? Wife's Birth Cert?

Now, if the documents she gave back include all the originals, then it is certainly an outright refusal. In this case, you would have to wait till the case is returned to USCIS which takes 12 - 18 months as already stated.

If it is just AP, it can take forever. As we speak, Our case has been in AP for 9 months and counting.

As I have come to realize, the CEAC status does not always count for something. Go by what the exact outcome of the interview was. If it was an outright refusal, the case still showing an  AP status doesn't change anything, unfortunately.

As already suggested, contact your Senate/Congressional office to help out.  

(I assumed your wife is the applicant/beneficiary. Either way, facts remain the same)

It goes through some for of Admin Processing whiles passport is prepared for Visa Stamp. Usually, takes 1-3 days for normal processing. It should change to Issued by tomorrow or Wednesday unless of course, they found something that requires further review of the whole application.