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martin bk

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Posts posted by martin bk

  1. Your situation is very similar to my own, I came to visit and my husband asked me to stay the 90 days instead of the planned 10, then about two weeks before i was due to fly home the subject of staying was brought up. 

    We decide to stay I applied September 2018, EAD came the end of November - I didn’t apply for AP we had our interview Boxing Day (2019) and the subject of intent was brought up so just bare that in mind. 

    The biggest delay in my case was that my file was  requested (the original CR1) and that took months to get to my local office it was mentioned at my interview as well and delayed the decision on my case as without the file the officer could not proceed. If I could do it over I would probably have stayed the CR1 the extra stress and worry about “what if”did create a lot more tension, worry. We didn’t use a lawyer and did not get any RFE - side note don’t do the medical straight away but phone and check to see what the appointment times are in your state, I ended up having mine done twice. As the first ran out and I didn’t want to risk being denied because it was 13 months old. 

  2. On 3/10/2019 at 7:44 AM, BbviFL said:

    Your interview was in December and your Green Card is just now being produced? Did you have any issues in the interview? 

    I’m still waiting for them to schedule mine.

    Well originally I started the cr1 but came to visit and my husband asked me to stay so we did AOS- the delay came because USCIS couldn’t give an answer until all the documents had been received and my original application was stuck at the nvc - it was requested in October 2017 and the field office in Salt Lake still didn’t have it at the time of my interview even though it had been requested again in May 2018. So I had to wait for them to send the file or report it lost before I got the official answer and green card - I waited roughly an extra 7 weeks but once I got the notification it was being produced it got it about a week later. 

  3. Ok so we had our AOS interview today (SLC-Utah) and I honestly don’t know how to feel about it. 

    Arrived about twenty minutes before our interview was scheduled and waited to be called, about 5 minutes after our scheduled time we were called in for our interview and escorted to the room. 

    Out interviewer introduced himself and asked if we had a lawyer, we didn’t; he then asked us to raise our right hands and swear under oath that what we said was true, and took my fingerprints and p

    First thing he said was we had shots ourselves in the foot two times - not a promising start, he then spent 5/10 minutes talking about intent - we married Oct 2016, I went back home to the UK and came back to the USA in June 2017 for 10 days - as it happens I didn’t go back as my husband asked me to stay and do AOS.  

    Anyhow after explaining that people used to be deported for that kind of thing he said something like, we can work with that. He then asked me a few questions from our I-485 he confirmed the first line of our address with my husband, asked me my phone number and then asked me to confirm the zip code the rest was just the yes no questions asked in the paperwork, he stamped a few pages and asked me if I had a medical, and I handed that to him and he added it to the file and then asked me to sign the AOS document.  

    He then said, the second time you shot yourself in the foot was because, originally we had started the CR1 visa and that he wouldn’t be able to sign off the paperwork today as he needed the I-130 to complete the paperwork which was requested from the NVC in October 2017 and November of 2018

    he went on to explain that it had to be requested three times before it could be considered lost and our options were

    A, it turned up - NVC has it recorded as being sent. 

    B, it is reported as lost. 

    C, we would be asked to come back to

    fill out another I-130, our original receipt number and approval would be attached to this. 

     

    He then asked if we had any other documents we wanted to add to the file that proved co habitation - we provided up to date utility bills, membership of clubs together, medical cards and life insurance documents. 

    We had a massive file with cards and photos but he didn’t ask to see them. 

    He asked us for our ID’s to check both had the same address on them and said he couldn’t see any reason to deny us but he couldn’t approve us because of the missing paperwork. 

    He advised us to wait 8 weeks but essentially our part was complete and we could do nothing at this point as we are waiting for the I-130 to arrive to be attached to our file and if we hadn’t heard anything or I hadn’t received my green card to make an appointment to check the status. 

    So all in all not a bad interview but I have no idea what’s going on and it’s back to the waiting game. 

  4. Short answer - Yes your husband can stay and adjust status - even from the VWP it is not FRAUD, you do not need a lawyer, but it’s your choice. 

    Obviously not everyone can, due to commitments back home, but if you do decide to do AOS he won’t be able to work or leave the USA until he has advance parole and EAD 

     

    Do what’s best for you. And good luck in whatever choice you make. 

     

  5. My husband added me to the Electric gas bills etc - I found when I opened a bank account I just needed passport and proof of address - gas and electric bill came in handy for the proof of address

     

    i was also lucky enough to get a state ID but each state is different and has its own rules, I needed proof of address,proof I’d applied for AOS and a letter from social securities saying I wasn’t allowed a SSN 

    took me a day, but it is possible. Check online for your States requirements on getting an ID and get your husband to add you to the household bills so you have proof of address. 

     

    Its a pain but it is worth it. 

    Im also doing AOS from a tourist visa. 

  6. 2 hours ago, itsdonealready said:

    It is great to see good news showing up at the September thread, thanks for sharing and congrats! Did you expedite the process?

    Congrats and thanks for sharing! DId you expedite the process?

    Nope, just left it to work it’s way through the system, took 65 day.  I wasn’t expecting it so fast, but glad it’s come I can finally work. 

     

  7. Just now, JFH said:

    He won't need to start again with the I-130. There's no time limit on an approved I-130. Once it's approved, it's approved. It won't expire. 

     

    It's whether his I-131 was approved or not (if he started the AOS) that's the big question. 

    That’s why I said speak to a lawyer and change his AOS, which his lawyer started while he was in the us, and do a cr1 visa now he’s in the uk. 

    His I-130 is approved so he only has to do the NVC part, medical and interview. 

    He should speak to a lawyer regarding his overstay to see if he does in fact need a waiver as he would have been in authorised status while his AOS was pending (he still won’t be able to use esta ever again tho) 

    it probably wouldn’t hurt talking to a lawyer either way. 

     

     

  8. 1 minute ago, JFH said:

    He has already stated that the I-130 is approved. I don't understand what you said. What can be changed to an IR-1/CR-1? Those are already his only options. I don't see how these "limit" his waiting time outside the USA? It takes as long as it takes. And why should someone with an overstay have a faster route than someone who has always followed the rules? He has to face a long time apart from his wife now. Should have thought about that before he decided to overstay. 

     

    We don't know that he abandoned an AOS process. All we know is he overstayed. It's possible he never commented the AOS process. 

    He started AOS, I missed the approve bit my bad. 

    But if his I-130 is approved that’s the longest wait, he may be able to apply to have his interview in the uk, leaving only the medical and interview to be done. 

    Thus saving time. I think NikLR explained it a bit better. 

    If he has to start again it could take another 10 months just to get his new I-130 approved, depending which service centre his petition is sent.

    which is why I said he should speak to a lawyer who can give him the best advice. 

     

  9. You’re going to have to speak to a lawyer, if you were in the middle of AOS, when you left the country to go back to the UK you abandoned the process, however while the AOS is pending you do have a status in the USA so you might not need the waiver, but you won’t be able to use ESTA to gain entry into the USA, that’s know longer an option and you may not get a tourist visa now because you have immigration intent. 

    Depending where you where in regards to your process a lawyer may be able to salvage some part and you might not have to wait (I-130 if it hasn’t been approved may be able to be changed to a CR1/IR1 limiting your wait outside the US) but I’m not a lawyer. 

    Good luck. 

  10. 3 hours ago, Lina M. Rodriguez said:

    September Filler here. I filed adjustment of status from F1 visa due to marriage to an American citizen. 

    sept 19th - package sent through ups 

    sept 20th - package received 

    sept 26th - e-notification received 

    sept 30th - NOA received in the mail 

    oct 6th - received biometrics appt 

    oct 16th - biometrics done 

    oct 20th - received a letter stating that I need to take my medical exam to the interview 

     

    I haven’t heard anything else from them, I’m freaking out a little bit since I see a lot of people who status changes to “ready to be schedule an interview” shortly after biometrics, mine still stock at “fingerprint fee received”, I guess I only need to be patient. 

     

     

     

     

    Same for me, I’m not sure if it makes a difference depending what visa you’re adjusting from. 

    K1 for example. 

    Just got to be patient. 

    But congrats to everyone who has gotten an interview already. 

  11. Quick question, we filed for AOS in September, we didn’t include the I-693 as it said we could wait until the interview to submit it, plus it was a last minute decision to apply for AOS as originally we were doing the CR1. 

    I-130 has been approved, and I have had my biometrics taken on the 10/17/2017 

    Today I received a yellow letter saying the I-693 was not submitted, and if I receive a letter with an interview date I should take it with me. 

    My question is, is this just a standard letter, 

    or does it mean I will soon be getting an interview letter, I just don’t want to get my medical done to early as it says do not mail documents at this time. 

    Anyone else received this type of letter ? 

    Thanks in advance. 

     

  12.  

    What help can I get with housing before I leave the services?

    If you are leaving the Armed Forces you have the right to help with finding somewhere to live.

    You can get help through the Joint Service Housing Advice Office (JSHAO).

    They provide information and advice for you and your dependants, especially if you are about to return to civilian life. If you are a veteran currently living in Armed Forces housing, they can help you move out and find a civilian home.

    You can contact JSHAO in the following ways:

    Joint Service Housing Advice Office
    Floor 1 Zone 1 
    Montgomery House 
    Queen's Avenue 
    Aldershot
    Hampshire 
    GU11 2JN

    Advice line: 01252 787574 
    Email: AWS-JSHAO-Mailbox@mod.uk 
    Website: www.gov.uk

    In England and Wales, if you need specially adapted accommodation, for example, because you are disabled or have a disabled child, you can apply to have your details entered on to one or more Accessible Housing Registers.

    For more information about Accessible Housing Registers in England and Wales, see Finding accommodation.

    What help can I get in finding a home as a veteran?

    If you are a veteran, you can get help to find somewhere to live from your local council. They can give you free advice on housing options, and advice if you are homeless or threatened with homelessness.

    For more information about the advice available from your local housing authority, see Finding accommodation.

    You can find details of your local council on the GOV.UK website at www.gov.uk.

    In Northern Ireland, to apply for social housing, contact the Northern Ireland Housing Executive. You can find details of your nearest district office on the NIHE website:

    Website: www.nihe.gov.uk
    Telephone: 03448 920920

    If you are single you can get help from The Single Persons Accommodation Centre for the Ex Services (SPACES).

    SPACES helps single ex service personnel find housing throughout the United Kingdom which can be temporary or permanent. If you contact them within six months of leaving the Armed Forces they may be able to help you find accommodation. If you have been out of the Armed Forces for more than six months they can provide you with information and advice on housing.

    You can contact SPACES at:

    SPACES
    Regional Resettlement Centre
    St. Aidan's Road
    Catterick Garrison

    Catterick
    North Yorkshire
    DL9 3AY

    Telephone: 01748 833797 or 01748 872940 or 01748 830191
    Fax: 01748 835774
    Email: spaces@echg.org.uk
    Website: www.spaces.org.uk.

  13. Has he applied for council housing ? 

    If not he should put his name down now - he will also stand a better chance of getting a place if he’s willing to relocate to any part of the uk, most people want to live closer to London so the lists for housing are longer then those willing to move further north, he may also qualify for housing benefit once he leaves the army in January along with job seekers allowance. 

     

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