skimmilk

3 minutes ago, Damara said:

They do biometrics

Yes, I didn't point this out in my previous post but the whole point of biometrics is for FBI background checks.
 

7 minutes ago, martin bk said:

I just sent my AOS off and I had to include a police certificate.

I just looked at the I-485 instructions again and there's a whole page about providing police certificates IF you have been arrested "anywhere in the world".  Thanks for pointing that out.

31 minutes ago, f f said:

I would disagree here

 

by allowing people to adjust status in country it allows them to avoid having to get police certificates from the places they have lived. since the i485 does not require them but a spouse or fiance visa does. so in effect it removes a level of security from the process.

 

and the argument that because they commit fraud out there means we can commit it in here is crazy we should not stand for fraud to be committed in either place. and if that means having a usc be inconvenienced for the same amount of time a usc spouse who is doing it legally then good.

I see. I didn't know the detail regarding police certificates because I obviously didn't undergo the fiance or spouse visa process. I'm not advocating fraud, whether externally or internally. I agree that fraud should be stopped and prevented in the first place. My point was NOT "Just because they do it out there means we can do it in here". I was simply pointing out that people who want to commit visa fraud WILL do it and they WILL find ways around new and old legislation and regulations. Adjusting from a tourist visa through marriage is NOT illegal nor is it somehow "LESS legal" than fiance/spouse visas. Side note: there was a thread recently by a man who said he never officially divorced his first wife, married his second wife and was potentially facing a bad situation by USCIS because his first wife tipped them off about his invalid second marriage. This man had somehow managed to obtain a fiance visa AND enter the US with it.  People on here go back and forth about the "lesser legality" and THAT is what I don't agree with. If it were ACTUALLY somehow less legal, there would be a slightly different process. But at the end of the day, we ALL send in basically the same forms and we ALL end up being interviewed by an IO, who (as @Umka36 just said above) is the ultimate adjudicator for a couple's validity. 

35 minutes ago, Umka36 said:

The distinction is planning ahead to come to the US and AOS, and that's not a legal method (that's my take on how I read what you wrote, but correct if I'm wrong). If you do that it's fraud, and against the TOS for this website to talk about such method.

Oh yes, I agree that "planning ahead" is the distinction.  I was actually referring to couples who DIDN'T plan ahead but made the decision to marry AFTER the foreigner entered the US (like it happened with me and my husband).  My original post in this thread was more in reaction to this:

12 hours ago, Scandi said:

I personally wish they will remove the option of being able to stay and adjust status for those who arrive on a tourist visa or esta. These people should apply for spouse/fiancé visas just like the rest of us.

However, upon re-reading THIS post, I'm guessing that @Scandi was also referring to couples who "plan ahead"  and adjust status after arriving on a tourist visa or ESTA.   There are couples out there who are NOT real couples (just people looking for immigration benefits), apply for fiance/spousal visas and manage to get into the US this way.  And then there are couples who plan ahead, come to the US as a tourist, marry and achieve LPR status/citizenship.  In my opinion, removing the right for real couples to adjust status after a tourist visa won't change a damn thing.

40 minutes ago, izavox said:

Oh my god, that's a good time for after the biometrics, I hope she's right! I saw you're applying in Los Angeles, I'm close to the area =) is your field office the L.A. one?

Yup!  It's probably a very busy office since LA is so big and so many immigrants come to live here.

2 hours ago, Louv said:

Hi all, filed mid august, done biometrics on sept 15...  Advanced Parole status has changed to "document was sent" which is good I guess... Rest is still on fingerprint fee received / case received... 

Does the status change if rfe is sent? What is the time period where rfes are sent? 

 

The lady at my biometrics appointment told me that I should expect my EAD/AP in 3-4 weeks, so I guess that's about the same timeline?  @T_P I agree that it's super fast!  I was surprised the biometrics lady even knew anything about the EAD/AP.  My appointment was already two weeks ago but I haven't received any notifications.  I'm prepared to wait the full 90-120 days or whatever for the EAD/AP anyways.

Has anybody's online status changed to "Ready to be Scheduled for an Interview" yet?  My biometrics were done two weeks ago and I was just curious how long it takes for the background check to be done.

1 hour ago, henderson14 said:

Hi. Is anyone filed i-693 with AOS package? Because I got an notice about I didn't submit i-693. 

Yup, I sent it in with our package (I'm the foreigner).  That's the medical exam.  I know some people say you can just wait and bring the completed form/exam results to the interview, but I think that's only allowed if you are adjusting from K1 (I could be mistaken; someone correct me if I am).  Anyway, if you missed the info about the I-693, the basic steps are as follows:

1. Go here to find a civil surgeon in your area.  It must be a USCIS approved civil surgeon administering the exam.  Prices will vary a little ($200-400; mine was $300ish) so ask a few if you can.

2. Bring your vaccination record, passport and print-out of I-693 to the doctor.  They will do a basic physical, give you a TB skin test, collect blood and urine samples and determine what vaccinations you need or don't need.

3. You need to go a follow-up appointment 2-3 days later so the doc can see the results of your TB skin test.  Then they'll tell you the results of your blood and urine analysis.  They'll give your documents back and they will have filled out the I-693, which they'll get you to sign in their presence.  Then they put the I-693 in a sealed envelope, which you are NOT allowed to open, and return your other documents to you.

That's that.  It's not too bad and my doctor was really nice (he's been a civil surgeon for 20 years).  Hope it goes well!

2 hours ago, Jordan8768 said:

Hahah, thank you for your insight! My wife and I will go through everything the night before. We're both very laid back and relax and we should be composed during the interview. 

Yes it's still a good idea to prepare. Mostly because you never know what kind of IO you'll get. You might end up with a very nitpicky one or one who won't be afraid to try and intimidate the couple. Plus it will help you and your wife figure out what details you remember differently. It seems strange but even long-term married couples will remember certain details differently.

I think you're overthinking this.  Having both spouses' names on a lease doesn't make or break an AoS case.  My name isn't on our lease because I can't work yet and our landlord doesn't want me to be added until I'm employed.  So we'll be doing that after I get my EAD/AP card and get a job.  We'll most likely bring an updated lease to our interview.  If anything changes between now and your interview date, bring those papers in (for example, his name gets added OR if you guys get a car/vehicle insurance/other insurance together, etc).  

We wanted to get our landlord to write and sign an official affidavit stating we've been living together since we moved into our apartment.  But she's kind of unreliable and we didn't think she would get it to us in time.  So we just decided to forget it since I'll be able to add my name to the lease by the end of this year.  In any case, if USCIS has any questions, they will ask at the interview.  That's what that step's for.

BTW, just out of curiosity, how long have you been married?  Are you the USC or your husband?  Which country is the foreigner from?  And are you guys adjusting status or removing conditions (it says "Removal of conditions" under your username, but your situation sounds more like adjustment to me, so I just want to be sure)?

I lost my Canadian passport back in 2014 (ugh don't ask...I was very upset).  I lost it during the first weekend of November and I sent the paperwork the following week (like Tuesday or so).  I got my new passport December 20-something (RIGHT before the holidays).  So it was about 6 weeks overall (give or take).  My guess is you'll get it sometime next month.

2 minutes ago, NigeriaorBust said:

 There never was a divorce filed it seems.  If there was a filing there is a path to recovery. You should really try doing a search on your ex.  She may have filed without notifying you and you may not be in as much trouble as you seem to be.  It is a long shot but US divorces are a matter of public record and to do one without serving you she would have had to using a public posting notice.

OP said he tried to file a divorce but his first wife wouldn't cooperate.  She didn't try to initiate the divorce or want it to happen.  If she did actually file, then SHE would probably get in trouble with USCIS for providing a false tip.  To be on the safe side, it's better to think she's telling the truth and that they're still married.  I find this situation very bamboozling. I get that a lot of people don't know all the "rules" and whatnot when it comes to AoS, the different visa categories, etc.  But on the forms, the questions and instructions CLEARLY and PLAINLY ask about previous marriages and divorces.  How could that be missed/ignored??

What I don't get is why the divorce didn't go through when lawyers were eventually involved.  I don't know much about the process, but a quick Google search brings up things/methods for making the divorce move forward even if your spouse is uncooperative.  Anyway, this is a big deal and it's a huge red flag for USCIS.  Unfortunately, you'll have to prepare for the worst and tell the truth from this point on.

9 minutes ago, Destiny2000 said:

Ok thank you!!!

Last question, hopefully lol. If we didn't need an interpreter, or don't have any info to add on the last pages, do I still send them? Or can I leave them out?

Send all the pages.

1 hour ago, Destiny2000 said:

Hubby and I were married in Sept of 2000, I want to send pics with my package to USCIS however, there are probably less than 5 pics of us together. I have hated having my pic taken since I was probably 13 years old (my mom and sister's are the same way). Anyway, is that going to make a difference in proving that we are married for a real reason and not just convenience or whatever? I wouldn't even let my sister take a pic after our marriage at my local courthouse.

Like @missileman said, joint financial documents are "better" for the initial package you send to USCIS.  I don't think the instructions even technically include "personal photographs" but most couples include them in their package (my husband and I did).  However, you guys have been married for 17 years but there are only five pictures of you guys together?  Are there any pictures of you guys with each other's families as well?  Those also help with showing that your marriage is real and your marriage was entered with BOTH families being aware of the relationship.  I'm not sure if they will ask you since you have been already married for so long, but they might ask you to display pictures taken between your AoS filing and the interview.  They usually ask this because they want to see that the couple's marriage has been continuing to develop normally and that they didn't just put papers and photos together for the initial application.  Lots of people don't like their pictures taken.  But since you are now sending papers to a government agency, I think taking regular pictures is a good idea.  The fact is, you are now involving a third-party into your marriage (that is, USCIS).  It's your responsibility to collect and produce proof of your bonafide marriage to them and the more elements and proofs you have, the better.

What @NikLR said.  The I-485 is for adjusting the foreigner's status and the question really means, "Is your spouse also a foreigner who must adjust his/her status?".  Also, we're all Canadians in this thread!

1 hour ago, jaya_razz said:

Whats a NOID?

Notice of Intent to Deny

On 9/11/2017 at 11:16 AM, Asd114 said:

Hi All, 

 

Here are my case details -

Married USC in Mar 2017. My spouse lives in New York, while I am currently in Ohio (I am getting a transfer soon but as of filing our residences were separate). 

1. Filed on June 26, 2017 (PD June 26, 2017). I realize this is a July filers forum, but end of june counts right?

2. Biometrics notice July 14th, 2017. Biometrics done on July 31st. 

3. RFE- July 26th (On one of the forms I think we deleted our name on the last page which in the PDF is connected to another page that deleted our name. 

4. Received RFE - August 15

5. Ready to be scheduled for an interview - Sept 1 

6. Case scheduled for interview on Oct 11 - Sept 11 

 

I am unaware of what office our case is in but I wanted to share with everyone my details since I know I have been silently and eagerly watching as well. The reason I bring up our Field office is that many NYers are waiting since last year, so I think my case would be in Detroit/Cleveland. I will update once I know. 

Damn, your case went through so quickly!!!  Good luck with the interview and let us know how that goes.

Doesn't sound or seem like your case will end in a NOID.  USCIS is still run by people and your case is a file folder in a mountain of file folders.  It's possible it just slipped through the cracks or the IO's are overloaded with paperwork and missed yours.  Calling regularly is a good idea.  Keep us updated!

On 9/9/2017 at 7:34 AM, Bill & Katya said:

Considering she entered the country in May before you even met her, it seems pretty clear that it was not her and your intention to marry and immigrate on a B2 visa.  It is only fraud if the intention at the time of entering the US is to stay and immigrate and the person immigrating lies about that to the IO at CBP.  So yes, you can get married and she can Adjust her Status (AOS) while still staying in the country, but she will not be able to leave the US prior to getting an Advanced Parole.  Here is an interesting article that covers this situation that @missileman posted in another thread that may be helpful.

 

If she cannot stay for personal reasons such as needing to get back for a job, or taking care of personal business in her home country, then you can still get married, but you will need to file a CR1 spousal visa to allow her to return.

 

Good Luck!

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

Interesting article and thank you for posting that.  It does get into some good points.  But color me a skeptic because it's an article on a website for legal professionals wanting new clients to provide their services to.  Intent is a very gray area.  The article points out that the interviewing IO can look at an application package and question whether or not the foreigner had immigration intent at POE.  While this is true (any IO can question that), I feel like it's misrepresenting the interview process just a little bit.  From what I've read on this site about the interview process, it seems like most IO's are primarily concerned with the validity of the RELATIONSHIP and consequent MARRIAGE.  I'm not saying that IO's don't or won't ever ask the foreigner, "What was your intent when you crossed the border?" during the marriage interview.  I'm sure it does happen once in a while, BUT I'm saying it seems like it's a non-issue by the time a bonafide couple reaches the interview.  Even with fake couples, it seems like they're caught because their lack of intimate knowledge and of each other, not necessarily because one slips up and admits that they planned to adjust their status BEFORE crossing the border. 

However, as pointed in this thread and many others' situations (mine included, because I was on B2 when my husband and I decided to get married in May), OP's situation is NOT fraud.  The only cautionary point is that he and his significant other have not been together or even known each other for very long.  I think it'll be a little more difficult for them to convince USCIS of their marriage.  Also, I'm not a lawyer or have any legal expertise.  @davidindallas It might be wise to consult a lawyer for peace of mind before embarking on this process.

1 hour ago, JackUrban said:

Has anyone’s status changed?

When I look up my case numbers on USCIS so far nothing has changed. I-485 says fingerprint fee received. That’s all. Even if I had my fingerprint appointment last week. 

Same thing for me.  I take it as a good thing actually.  It means no RFE's have been issued!  I'm trying to enjoy this time of waiting because well, we've got lots of other things going on and it's all up to USCIS now.  We all technically only sent in our paperwork a month (some of us, even less!) ago.  It's still the first phase of all this so I say get comfortable. 

I would also say try to call them regularly.  That way, you'll talk to different people and one might give you proper information.  Unfortunately, customer service lines are a crapshoot, even government ones.  I feel like a lot of customer service workers don't actually do much on their end during the phone call to help you out.  So sorry you're going through this! =(

1 hour ago, adipo21 said:

Oooh ok all keep that  in mind my appointment  is next  week. All carry my appointment letter and passport  and marriage citificate. Anything  else  am missing? 

You're good to go!!!!!

@JTTE Congratulations on the baby!!!

42 minutes ago, adipo21 said:

Oook thanks  all remember  to carry my marriage certificate  just in case. 

Yeah no problem!  I say to take it just in case since it's on your mind already.  The biometrics is very fast and easy.  I got there 20 minutes before hand and there wasn't as much security as I thought (no bag check and no metal detectors).  I took my phone inside but I never took it out or used it because the sign on the front doors prohibit that.  There were only two other people who came in at the same time as me.  My appointment was set for noon but I was out of there by 12:05 since there were so little people.  It feels great to have that step done too.

15 hours ago, adipo21 said:

What  happens  if you dont have proff  of name change? Cause I see so many  people send there  documents we there  husband last name. 

I didn't bring my marriage certificate and everything was fine.  When the officer at the reception desk was looking at my passport, I was like, "Oh damn I should have brought the certificate."  But he didn't ask any questions.  You fill out a form when you get there.  It asks for your name and then other names you have used in the past (including maiden names).  So because of that, I don't think it matters if you bring the certificate or not.