montgomery

4 hours ago, Going through said:

 

 

On an aside----you'll get much better advice if you are more straightforward about asking whether there's anything you can do to have someone deported, and how to gather evidence/what types of evidence to submit/how to report fraud if you just came out and asked it directly a while back   

 

You'll also get much better advice if you're on the flip-side of that and hoping your significant other can remain in the country legally and wondering about the avenues open to her.

 

I understand you are trying to be private, but It can be very difficult/wearisome to properly advise someone when there is a sense of a "cat-and-mouse game" with info (might be why others have dropped out of this thread earlier).  Plus, it's not like any of us here on the internet know who you actually are.  If you want better and more rounded advice, just come out and ask for it    Best of luck in your situation.

Straightforward question:

Does a flow chart of what happens after the denial of a i485 exist? If so, I would love to see it. Or if someone in the know could provide one, that would be great.

I am not trying to be cryptic, private, secretive.

I understand that ICE is not going to show up asap. I did not think that nor would I want that.

I just want to know how USCIS handles these cases. There is no appealing the decision, I know that much.

I always heard that a denial comes with instructions to leave the country within 30 days of the denial.

The denial letter we got says nothing like this.

It does however say that we have 30 days to file an appeal or motion to have our case looked at a second time to see if there was an error in the decision to deny.

So, do the instructions to exit the country come after the 30 day window to file a motion has closed?

1 hour ago, psgma said:

Per USCIS website, they postponed the issuance of NTA until they figure out a way to properly implement it.

 

https://www.uscis.gov/news/alerts/updated-guidance-implementation-notice-appear-policy-memorandum

"Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum.  Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued."

Thanks!

Is the NTA delivered by post office mail or is it "served" in person?

It looks like USCIS is now sending out an NTA to anyone that gets a denial and has no other status to fall back on.

Has anyone here gotten a USCIS issued NTA?

How long do they take to send one out?

So what is this letter likely to say?

"Your case was denied because such and such and you have 30 days to leave before you are put into deportation proceedings?"

In short, something like this??^^

Update....

Online case status says that the application was denied and a letter will be sent out. Don't have the letter yet.

59 minutes ago, Cyberfx1024 said:

So basically you asked for a reschedule and did not provide any sort of documentation in order to change it. Then yes it will be denied.

My reasoning for wanting a reschedule was not one of their "approved" reasons.

So, it will be denied. Understood.

My question from the beginning was...How long does it take for them to deny?

4 minutes ago, debbiedoo said:

The more specific you are with your situation, the better that people can advise you.

are you breaking up, moving back, do you turn into a pumpkin at midnight... what?

Got a letter with AOS interview date -> Asked for a reschedule -> Got a letter saying that in order to reschedule they have to approve it based on why I asked for a reschedule -> Did not reply to that letter -> Did not go to scheduled  interview.

Thats the long story told short.

1 hour ago, Sunnyland said:

You both did not go to the interview on purpose? Or you never got the interview letter with the date?

It's not quite that simple, but long story short and for the sake of simplification.......lets say it was on purpose.

1 hour ago, Going through said:

Denial is automatic for a no-show on the interview date, so there's really no waiting period inbetween.

 

Online case status is not always updated.  If your wife moved out of the home after entering, it's possible she submitted an address change with USCIS and her denial letter has already arrived to her.

 

I remember some of your older threads---sorry if things didn't work out and the interview was purposefully missed.

USCIS always seems to say that the online case status is the "most up-to-date" status available.

She definitely has no denial letter.

Denial is automatic for a no-show on the interview date

1 hour ago, Cyberfx1024 said:

When did you turn in your AOS package? You should consider your application to be denied if you do not reschedule a interview.

AOS turned in 12/2017

So, denied IF I do  not reschedule. "Going Through" says denial is automatic for a no-show on the interview date. Which is it?

Had an interview scheduled (5/21/18) to adjust status from K1 visa entry.

We did not go to the interview.

How long till the application to adjust status gets denied?

Still no letter or anything. If I check status online it still says that "My interview has been scheduled".....same as it has for a while now.

5 minutes ago, SusieQQQ said:

Do you have a status to fall back on if your I485 is denied? If not you will need to leave the US anyway and your question is moot. If yes, you are expected to abide by immigration law and not work illegally; as I’m sure you know, that has its own negative repercussions. 

So does USCIS contact employers of folks that are working with an invalid EAD that was once valid?

I understand needing to leave or risk deportation if I fall out of status. I understand working without a valid EAD has it's consequences.

I said this was an odd question up-front.

I understand that if the EAD is issued on the basis of a pending I485, then the EAD is no longer valid once the I485 is denied.

HOWEVER....

If I am working, and at the time that I began working my EAD was valid, then some months later my EAD became invalid due to denial of the I485.......what happens?

Does USCIS notify my employer that the EAD is no longer valid and instruct them to terminate my employment? Or is that a matter that USCIS does not get involved in. Do they just let the EAD expiration date pass and leave me with no way to renew it?

Odd question, but I need to know.

There is a lot of other required evidence for each of the forms that is redundant.

Multiples of all that other redundant paperwork as well?

The instruction for each form says to include 2 passport style pics.

If sending everything together, as in all at once, do I need to include 6 pictures or is 2 fine?

When a document is in a foreign language (as in NOT English) and it will be sent along with an AOS application, does it matter who does the translation?

My wife will be applying for AOS soon. If any document is in Spanish (her language) can I be the one to translate to English (I am fluent in English and Spanish)?

Just now, audacieux89 said:

Did she have her medical almost a year ago?

Yes, almost a year ago.

If I send the aos after the 1 year mark, I have to pay for all of the vaccinations to be done again.....spendy. Trying to avoid that.

11 minutes ago, audacieux89 said:

 Is there no online service where you can request for the birth certificate and have it mailed in your US address?

I have looked and looked on their web site http://www.munihuacho.gob.pe/  

.....and I can't find it if it is there.

When I say affidavit I am referring to family that have first hand knowledge of her birth and them signing a notarized form. It was my understanding that this in some cases can be a suitable substitute for a birth certificate.

I 693 is said and done.

The vaccinations given to her at her medical appointment in peru before her K1 interview are set to expire soon and I don't want to have to pay to do all of THAT over again. This is what I am referring to when I say the medical is set to expire.

Here is the back story.......Wife came here on a K1 visa from Peru. She had a birth certificate, original and copies. My wife gave the original to the folks at the embassy in Peru that interviewed her because they requested a copy of it and the copies she had were eaten by her pet kitten. She was left with no birth certificate or copy. She made no effort to get a new birth certificate while in Peru. She kept this information from me until now because she did not want to upset me. Foolish and irresponsible on her part, but enough about that.

I am now ready to send off the AOS application, but come to find out the birth certificate is missing. The medical  part of the application is set to expire in about a month so I am in a bit of a hurry to get the application on it's way.

We have a friend in Peru that is willing to go to the municipal in the town where she was born to get her birth certificate then scan and e-mail it to us, then mail us the original, but there is no guarantee they will give it to him. Worst case scenario is that they don't. She is not in the Peruvian "Reniec" system (vending machines that dispense birth certificates, marriage licenses etc.).

In the event that they do not give out friend the birth certificate, what is my best plan of action here considering that I need / want to get the application out the door no later than 4 weeks from now?

Affidaivits plus an explanation instead of a birth certificate?

Thank you and good day

I have the following...

Passport with K1 in it

I-94

What else would I need? I looked at the ss-5 instructions and it is not clear exactly what else, if anything I would need.

Tried on another computer...worked!

Thanks!

K1 visa holder trying to get the I-94 from this site...

https://i94.cbp.dhs.gov/I94/#/home

https://i94.cbp.dhs.gov/I94/#/recent-search

...and none of the links even work.

Am I the only one having a problem? It appears that I NEED the I-94 to get the social security card, but the site does not work! Is there another way?

Mods - I posted this is the K1 area the realized I posted in the wrong forum. Sorry.

Hello, fiance just arrived via the K1 visa and now we are trying to get the I-94 form so that the beneficiary can obtain a social security number and card.

In light of this, I did the obvious and went here...

https://i94.cbp.dhs.gov/I94/#/home

I clicked the link to get most recent I-94 which led me here after accepting the terms...

https://i94.cbp.dhs.gov/I94/#/recent-search

......but I can't seem to get the page to work. 

What am I doing wrong? Anyone else have this problem?