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Venice1012

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    AOS denied due to priority date? (split)

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    9 minutes ago, alps34 said:

    I don't think my lawyer made a mistake. Here is the rule:

     

    My situation is applied to Sec. 203. [8 U.S.C. 1153]

    8 CFR § Sec. 245.2 Application.

     

     

    (a) General --

     

    (1) Jurisdiction . USCIS has jurisdiction to adjudicate an application for adjustment of status filed by any alien, unless the immigration judge has jurisdiction to adjudicate the application under 8 CFR 1245.2(a)(1). (Paragraph (a) (1) revised 5/12/06; 71 FR 27585 ) (Amended 7/1/94; 59 FR 33903 ) (Paragraph (a)(1) revised effective 4/1/97; 62 FR 10312 )

     

    (2) Proper filing of application --

     

    (i) Under section 245 . (A) An immigrant visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act See § 245.1(g)(1) to determine whether an immigrant visa is immediately available. (Paragraph (a)(2)(i) revised 7/31/02; 67 FR 49561 )

     

    (B) If, at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i) , section 203(a) or section 203(b)(1) , (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245 . For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition.

     

     

    (C) A visa petition and an adjustment application are concurrently filed only if:

     

    ( 1 ) The visa petitioner and adjustment applicant each file their respective form at the same time, bundled together within a single mailer or delivery packet, with the proper filing fees on the same day and at the same Service office, or;

     

    ( 2 ) the visa petitioner filed the visa petition, for which a visa number has become immediately available, on, before or after July 31, 2002, and the adjustment applicant files the adjustment application, together with the proper filing fee and a copy of the Form I-797, Notice of Action, establishing the receipt and acceptance by the Service of the underlying Form I-140 visa petition, at the same Service office at which the visa petitioner filed the visa petition

     

     

     

    No that doesn't apply to you. That apply to the spouse of a USC. But if you feel it does feel free to make an appeal...

    AOS October 2016 filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    1 hour ago, myasin said:

    Hi all below  is my timeline

     

    AOS Packet sent: 2016-10-07

    AOS Packet received: 2016-10-11

    AOS NOA1 x 3 (Text messages): 2016-10-14

    AOS NOA1 x 3 (Hardcopy mail): 2016-10-21

    Biometrics Letter: 2016-10-29

    Biometrics Walk-in: 2016-10-31

    Request for initial evidence: 2016-12-17 

    Evidence set back: 2016-12-20

    Request for initial evidence received uscis: 2016-12-27

    I-765 approved: 2017-01-11

     

    Thanks for all the help specially Chardon Ne' for her prompt response on a question I had.

     

    Congrats

    AOS October 2016 filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    1 hour ago, Georgi86 said:

    I just got a notification that my ead is approved.

    my i-485 still shows response for rfe is received.

    10/11/2016-Package sent via ups
    10/17/2016-Package received and signed
    10/19/2016-@10:30pm Email/text notifications for I130,I485, and I765
    10/20/2016-Checks cashed
    10/24/2016 NOA letters received
    10/29/2016 biometrics letter recried
    11/02/2016 case status updated to requset for initial evidence mailed
    11/10/2016 biometrics appointment
    11/26/2016 Sent the response for RFE
    11/30/2016 status updated to response for evidence received

    01/12/2017 ead approved and new card is ordered

    Congrats

    Filed my I130 + I485 packet on 12/22, still no email confirmation and checks haven't been processed--getting worried!

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    11 minutes ago, Karla230515 said:

    What's RFIE? My son is 15. Do you know if can he apply for citizenship after this?

     

    thank you Venice. Yes,  he is 15 years old and he entries with a tourist visa. And my husband is USC but is not his father. Do you know if does he can change his last name? Because he wants to have my husband's last name. 

    I'm not sure about the process of changing his last name. Are you a USC?  If not and you're a green card holder. You son isn't eligibility to file concurrently... A visa number isn't readily available for spouse or children of a LPR. You can only file I130 and wait until is priority date becomes current before filing I485(Adjustment of status) he should leave the country until his priority date become available to avoid penalty. And as he is under the age of 18 you're not required to file I765 (EAD/Work peemit)for him.

    AOS October 2016 filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    7 minutes ago, KristaW said:

    Congrats!!!! Happy to see a fellow UK filer get approved, hopefully we are soon after. I wonder if they categorize them by countries for those around the same date?!

     

    I checked your timeline and saw a large difference in your date filed and NOA1 and then realized we all count days from different start points. 

     

    I'm counting mine from October 17th, even though my NOA1 was October 19th, the uscis case website says they received it on the 17th. 

    https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

     

    Has anybody on this forum spoken with an Immigration Officer on when the 90-day clock starts? I wonder if we are supposed to exclude weekend/government holidays, etc. .... Can you tell I'm bored of waiting?! :) 

    No day is excluded even the weekends are counted. 

    F1 visa to greencard - immigration intent

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    15 minutes ago, Zyllos said:

    I have a similar question that is related to this very same subject but the situation is slightly different.

     

    If an F-1 visa holder has been in the US for 2.5 years (mid 2014), met me 1.5 years later (late 2015), then we are getting married a year later (very early 2017), but her I-20 or I-94 (can't remember which shows when you leave the us, it shows she left the US and came back late 2016), would this be a problem for the I-130/I-485 AOS application?

     

    I see that this thread is stating that immigration intent is alone not enough for denial but insufficient evidence of bona-fide marriage is. But, I was just wondering if the I-20/I-94 showing she came into the US and a month later, we married, is an issue, even though she has been in the US on the F-1 visa for 2.5 years and started dating 1.5 years after she entered?

    There is no law stating you cannot get married in the US, AOS is but intent alone cannot be the reason for a denial. What you should be worried about is getting evidence read to provide that the marriage is bona-fide.

    AOS October 2016 filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted · Edited by Venice1012

    22 minutes ago, EmpressBab said:

    I have a job offer that is currently undergoing background checks and when they are complete and see that I'm not on e verify then what? The job is what I want, it's way above minimum wage and I'll be making way more than my husband. This EAD thing is holding me back. I've seen people not expedite and get approved in 50 something days. What was so wrong with october filers? I did not anticipate waiting more than 90 days to have it in hand.. I should have had it in hand already. Because then I have to go get a social security card and driver's license which is going to take time again to come in the mail. 

    I know exactly how that feels but what can we do but wait. Didn't you put in a service request? I did one on Friday and it still reads currently not assigned...

    Filed my I130 + I485 packet on 12/22, still no email confirmation and checks haven't been processed--getting worried!

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    11 hours ago, OvernightSiren said:

    How long does it typically take for them to begin filing my packet? We filed both forms and put them in the mail on 12/22. I also filed the form to be notified via email when they receive my forms but I haven't received an email and they still haven't cashed the checks I sent for the filing fees.

     

    I'm getting worried!

    It usually takes between 10-17 business days to receive a response from USCIS but due to the Christmas and New Year break it may take a bit longer. I'd advice you to be patient. Once it's not over 30 days it will be considered as normal processing time and that is the only information you'll get from calling USCIS if your application is under 30 days..

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