embay16

So our interview ended up getting canceled the next day to "unforeseen circumstances" but they haven't scheduled a new one. Does anyone know of how long it usually takes to get a reschedule? We're just trying to get a sense of what is normal.

We got our interview notice today online! Now we just have to get our s*** (documents) together for the interview as we've been putting off organizing all of that...

Any tips from those who've gone through the interview already?

Any Boston/Lawrence MA people? I saw on trackitt that someone (whose case was recieved one day before ours) got an interview date for April. Here's hoping they do process them in order and not randomly...

Not sure if this has been posted here already (as I tried searching and had no luck, so apologies if this is a duplicate), but according to this Factsheet (also attached) on Executive Order's from Legal Aid Society, there are 3 other draft orders that have not yet been signed (Part II).

"one would end the DACA program and change priorities for removal, a second would change the way the receipt of certain government benefits affects immigrants and their sponsors, and a third would affect foreign workers". See Part II. What May Happen Soon for more specifics. 

Factsheet Executive Orders on Immigration (ver 7 English).pdf

Our case is also supposedly still at the NBC, but our local field office isn't on the list on the website. I just try to go off the closest one to that but it could be not at all accurate. Does anyone have experience with trying to get processing times for a field office that isn't listed there? I don't think we are delayed yet, but we have zero clue on how quickly/slowly they are moving.

I think as long as you are honest regarding the Medicaid and the name change, you will be fine. 

Yes, you should be sure to disclose your prior name on the AOS paperwork where it asks if you have any "other/former/prior" names. You should also be sure to answer yes to the "public assistance" question on the AOS question section and include an explanation similar to that above (but maybe with more detail).

7 minutes ago, Marco&Bettina said:

Who gets to decided that are The Secretary of Homeland Security, The Director of National Intelligence, The Secretary of State, and the President, according to the wording in the draft itself. This is why who is voted into office and who their cabinet picks are are very important.

Yes, very true.... I was speaking more broadly/theoretically because I was so dumbfounded that this could be included as part of a vetting procedure in code of "national security". Thanks for listing the specifics for those who do not know.

2 hours ago, maxcool said:

Draft of the immigration executive order available at the Washington post website

 

https://apps.washingtonpost.com/g/documents/world/read-the-draft-of-the-executive-order-on-immigration-and-refugees/2289/

Wow.....   Do you guys think that the extreme vetting on all immigration programs will affect those with various applications in progress? It seems insane to consider whether someone can "make contributions to the national interest". As in what exactly is the national interest and who gets to decide that?

We could also be seeing some changes on forms in the very near future with "amended application forms that include questions aimed at identifying fraudulent answers and malicious intents". 

We left most of the entire application blank.... We only filled out part 1 for my husband, checked box 1.d. and then a few other check boxes stating he's not in any deportation proceedings, he hasn't been issued this before, and that he expects to use it for multiple trips - we didn't have a set travel plan and we didn't need one at the time of filing. And we ended up getting the AP no problem. 

So weird that they rejected it. But who knows. Just send it back in with the explanation like others have said. Best of luck!

7 minutes ago, Brit1 said:

Taxes have nothing to do with immigration, so no, I can't see this mattering...

I figured it was a silly question and didn't matter. I just wasn't sure if it was going to take longer to process depending on who is listed or something. 

Sorry if this is already been asked and answered, but I had no luck finding this answer anywhere. And maybe it's a silly question, but I don't want to risk it!

My husband (currently in the AOS process) has a social security # and has filed taxes previously for which he has been considered a resident for tax purposes. My thought is that I, the USC, should be listed first on the tax return, but then we are filing from his address (because we currently don't live together due to his schooling and my job). I know which forms we are using and that we can file electronically (since he has before), and that whichever way we list it this time we need to be consistent in future years.

Does anyone know if it matters if the USC or the pending permanent resident is listed first/as the primary spouse?

Looks like others outside of LA are getting interviews scheduled too. Maybe there is some hope yet. My spouse and I have a bet going back and forth on when we will get an interview scheduled (I am sure we will have one as we currently don't live together for school reasons). I am winning at the moment.... but he still has a chance within the next two weeks! Just continuing to wait it out with nothing changing on our case or statuses since the beginning of November... 

Good luck to all those with interviews soon!

If you have paystubs along with a letter from your employer - that should be enough. I sent a copy of a 2015 tax return that didn't make enough (as I only worked part of the year), a letter from my employer and 6 of my last paystubs and we did not get an RFE (we already have EAD/AP).

It can be hard to prove it if you haven't filed a recent tax return yet. Depending on when you got the RFE - you could also wait to respond until you file taxes for 2016 to prove the updated income.

If you have an RFE prior to getting the EAD/AP - it will delay the process.

I am not sure if the notarization is a requirement, but it certainly doesn't hurt. So better to be safe and get it notarized.

Both the EAD/AP are free with the filing - no additional fee needed. You will need another copy of your passport biographic page (just to be safe) and two more photos for the AP document but that's it.

I think others who have had self-employed sponsors have just sent tax transcripts, proof of citizenship (ie birth certificate) and if you want, a letter from the sponsor detailing the self-employment (including how long they have been self-employed).

Black and white copies are fine - that's what we sent.

I second A'n'L - apply for the travel document (1-131) - you don't need set plans in order to get it - but it's better to have rather than not in case something comes up and you will need to leave the country while you application is pending.

And yes - you need paystubs/letter of employment to back up the financial affidavits.

Also - do NOT send the original marriage certificate with the I-130. Send a copy like you are doing for the I-485 - you'll need the original at the time of the interview and they don't require the original before then, so might as well save yourself a bit of money so you don't have to request more original/certified copies.

Be sure to keep a copy of the entire signed packet you send (except the medical exam obviously).

So just to confirm we would be paying for I-130 ($535), I-485 ($1,140), USCIS Immigrant Fee ($220) and the biometrics fee ($85). And the I-313, I-765 and I-864 are free.

According to this I'm supposed to send $1,980 with my application? Ouch! (Fees adjusted to post Dec 23rd increase)

f f is correct, you do not need to pay the immigrant fee (as you are doing I-130 and I-485 together). You just need to pay for the I-130 fee, I485 fee and biometrics fee, so the total should be two checks: one $535 for the I-130 and one $1,225 for the AOS and biometrics fee.

Make sure you have the I-131 form for Advance Parole not the I-313 (although I don't think that actually exists and it was probably just a typo).

If you didn't already submit it, there is a good bet they'll ask for it, so better to get that letter. Usually it's very simple, and just includes start date, position, annual rate of pay; so it shouldn't be too difficult for his HR to complete in that timeframe. Also bring some of the paystubs for the last few months from your husband as well, that's something that can also prove rate of pay to an extent (particularly with it being so close to the end of the calendar year).

In essence, they just want to make sure that the income is still the same (or similar) from when you first filed everything and meets the 125% requirement.

So when would be the right time to do this? After the greencard and before citizenship? Or some other time? I dont want it to mess up the process but changing it later brings its own issues no?

Alot of marriage licenses only allow names as they are currently. You can use her current legal name (with your last name) on the forms, but you cannot use the name she goes by for her first name. The greencard will then be in her current first name and married name.

Out of curiosity, is there any specific reason she wants to change her first name? Many many people have "legal names" and then the names that they go by at work, socially, and otherwise. As milimelo said, even if she did want to go through with changing her first name only (you'd have to thoroughly explain why), she would have to do so through the court in your state/county, and I am not sure about that process before getting the GC. I think you'd probably have to wait until after she gets the GC because otherwise she doesn't have any legal standing to change her name in the US.

Good find. I'm not sure I wouldn't just pay the fee (although it's quite a bit of money) rather than to have to go through all those steps...

I agree, but not everyone is able to, so it's good to know that there is a process to get it (although a very lengthy one...).

Hi, May I ask one more question? I just realized that on my AP application form, I randomly put the Intended Departure Date as November 2016. But we are actually traveling on December. Would this cause an issue for us?

If you already have the AP card in hand (with a current, valid date), it does not matter what you wrote on your application (most people without set specific plans choose a random date or put TBD) - you have the authorization to travel now so you can travel if you choose to do so.

There is no problem with the sponsor traveling outside of the country at that time (particularly for a study abroad program). The only issue that might occur, is that if you do no live together, you will need access to mail in case something goes to his address instead of yours (although usually most papers, except for the 1-130, go to the beneficiary's address). Other than that, just make sure that you or him have access to any documents while he is in Canada, in case you get an RFE for something related to him. Also, I doubt you would get an interview that quickly being in D.C., but if it does happen, he would have to fly back to attend the interview during that time. Although you seem to be aware of this, I just want to note that you will not be able to travel to see him during that time period, until you have the AP document in hand.

So there is no issue at all for him to go and have a wonderful experience!

You should file all documents together and concurrently, the EAD (work authorization) and the AP (travel document) are free to file with AOS, so the total fees will only be the I-130 and the I-485 fees (which are increasing on Dec 23rd, so be sure to double check the amounts!). See the guide here for more questions: http://www.visajourn...tent/i130guide2

Little update. Like I said above we got approved and the post lost my card. I have not received the card. Everything we tried, the post office did an investigation, the immigration office did an investigation now they are passing the responsibility back and forth, "Ask the post office" immigration says "Ask immigration" says the post office. Frankly I do not want to pay 365 $ (plus maybe the 85 $ for bio metrics) to file for an I 90, a replacement for something I never received. I just started working after this whole process took so long and I am only part time for now, 365 $ is a lot of money. Does anyone have an idea? Some exception? Lawyers? I have no idea.

See here for the "When USPS loses your greencard": http://www.visajourney.com/forums/topic/568123-when-usps-looses-your-greencard/

I'm sorry and Best of luck!

Perhaps you didn't match the name in Part 4 and Part 1 exactly? They tend to be picky, so just make sure that the very first box is the exact same name (First Middle Last) of the USC sponsor (and not the immigrant beneficiary married to the USC) as in the rest of the documentation and Part 4.