Killer_Clown_2009

Sorry to contradict you, but my NOA was mailed to me, prior to my check clearing (look at my timeline). It was mailed on the same date, that my funds were taken from my account. Had I non sufficient funds and the check bounced, VSC would not have been aware of it for at least a day or two. You need to come up with another theory as to why a MO would be faster.

We tried to get a joint bank account, but it's impossible because my wife's credit is terrible. Citibank flat out refused to get us one, so we never tried again. She never had a credit card, and I just got my first one a couple of months ago. As for health, my wife is on her parent's health plan, and I get mine through work. As I said, we are really young. Should I write about all those reasons in my RFE statement?

Try getting a bank of america account online. They don't check with chex system or whatever it is called so it is easier to get than most other banks. Did she try getting a savings account (joint)? That should not be too hard.

Another suggestion, if you pay any bills in your wifes name out of your bank account, you can send proof of that.

They are going to examine your packet, probably within a few days, so it should not take all the long for it to get back to you. Mail it back ASAP. I suppose that you could prepare a whole new package and mail it out Monday, but that seems like a lot of work and would be a pain if they cashed your check and started processing the other package (though I am pretty sure they don't). If you don't get your NOA prior to your trip, make an infopass appointment and try to get his green card stamped.

Ok, I am waiting for my app to be approved.

Ok, still waiting............................

Waiting some more................

I think that they are approved. It is happening to a bunch of people adjusting status too, approved but no card. I am pretty sure that I have seen posts by people saying that when they contacted USCIS they were told that they are changing and/or moving their computer system and this is why there is a delay in getting the card. But really, they should issue some sort of press release, so people are aware of what is happening.

Sorry that doesn't make any sense. USCIS is a federal agency, not a federal program such as medicare, which gives money to the states. USCIS funding comes from the federal govenment budget and most that money in the budget comes from applications. The state is not paying to process these applications sent to CSC from all over the country.

Did you try contacting the USCIS ombudsman? Obviously they are having some sort of issues in card production and are not appropriately communicating this to their clients.

They are federal employees, and paid by the federal government and not the state, so the economy in California should not affect the CSC.

Working without authorization = out of status = overstay. Again though, I don't think anyone should work without authorization.

Sorry, I am not meaning to get mad about it. She just got the update today and today is the 29th, meaning she was mailed the letter yesterday. Hopefully she does get the letter today or tomorrow or early next week.

You are eligible to reenter with your AP. They have the AP for a reason. They also have a right to deny someone entry. In general, I don't think they just deny entry willy-nilly. So if you have the AP and no overstay, I would think you are pretty safe to travel. I've crossed the US/Canadian border hundreds of times (lived on the border and used to make weekly trips), and never once was denied entry.

She hasn't got the letter yet, re-read her post. She received an email update that her case was denied and a letter would be sent with the reason within 15 days.

"Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Denial Notice Sent

On May 28, 2009, we mailed you a denial decision notice for this case I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from May 28, 2009, please call customer service at 1-800-375-5283 for further assistance."

She said she got an EMAIL from USCIS yesterday. It doesn't sound like she actually recieved the denial letter yet. She also said that her husband forgot to send in the G-325 and sent it in late: ATTEN: USCIS and the address. Sounds like they may not have gotten that document until after the RFE timeframe, but either way, you will need to wait and see what your denial letter says.

Maybe you can book an inforpass and go down to the USCIS office and talk to someone, but it's probably better to wait until you recieve the denial letter. It probably should come to you in the mail soon.

We are getting married on the 13th. His expiration date of his VWP is June 15th. We were going to post date and mail on the 15th.

Hmmm, so which would be better?

Option A: Mail in the 130, 485, 765 with my unemployment benefits showing $539 a week for the next six months, previous years tax records showing my salary of $50k plus a year, plus letter of intent to find a job. And then provide update as soon as I get a job.

Option B: Delay mailing the forms until I have a job, knowing we pass his VWP expiration date?

What do you think?

Did you file a 2008 tax return? This is what they will look at. Someone correct me if this is wrong?

And yes, it would be better for him to not accumulate overstay before you file.

I think you also need to provide proof of current income. We sent in paystubs and a letter from my husband's employment.

We are getting married on the 13th. His expiration date of his VWP is June 15th. We were going to post date and mail on the 15th.

Hmmm, so which would be better?

Option A: Mail in the 130, 485, 765 with my unemployment benefits showing $539 a week for the next six months, previous years tax records showing my salary of $50k plus a year, plus letter of intent to find a job. And then provide update as soon as I get a job.

Option B: Delay mailing the forms until I have a job, knowing we pass his VWP expiration date?

What do you think?

Option A sounds good. Does the $539.00/week meet the poverty guidelines? If not they will probably ask you for a co-sponsor and send you an RFE. If you have a job at that time, you can get a letter from your employer indicating annual salary, if you don't then you will probably have to get a co-sponsor. They are concerned with your current income, and not so much with previous or potential income.

The legislation states that unauthorized work is forgiven when a person adjusts status based on their marriage to a USC. This really irks me about "unpredicatable", "deportations" etc.

No immigration judge would uphold a deportation based on just that one thing and a person in that situation is not to be denied AOS for that either.

Someone show me some case law where this has happened to someone.

This is so confusing. The instructions for form I-485 specially say that you are not eligible to adjust status if you have worked illegally prior to applying.

~ Catherine

There are exceptions to that rule. I believe it must say that somewhere on the instructions and one of the exceptions is filing the AOS based on being married to a USC. I'm not encouraging anyone to work illegally just because it is forgiven. Of course, you should try to follow the rules, however there are people who have broken these immigration rules and those rule breakings are forgiven, under special legisaltion. I just don't think people should go around saying it can go either way. Of course your AOS application can be denied, but if you have a legitimate marriage and can prove it, then illegal work or an overstay should not have any impact. I was in the US from August 2005, until I filed for AOS in December 2006, a total of 16 months and I was not denied for overstaying the time I was allowed. I don't think it was a factor at all in the decision. Perhaps if my marriage looked shady or fake, then that would have tipped the balance over to them denying my application. USCIS doesn't use illegal work or overstay as a reason for denying this type of AOS (based on marriage), they would have to use a different reason.

I think if they are not living in the US, that you as step parent can go ahead and file an I-130 right away for them (and once approved they have a certain amount of time to come to the US). I am not even sure that you will have to adjust their status.

Sorry, I am not totally familiar with the process. You may get some better answers if you post this in a different forum. I think the "bringing family members of a US citizen to America", might be the place to go.

Yes, waiting until you move sounds like the best move, still plenty of time to get your application in.

Someone can add me (I might mess it up), NOA date is 05/15/09 @ VSC, mailed it on 05/12.

I think that there are plenty of people in bonafide marriages who worry that their application won't be approved. Bully to those of you who never "worried", but some people are naturally more worry-wartish than others. There are also people who may not have a lot of evidence to send etc etc etc.......

For the initial AOS, the evidence "required" is no more than a marriage certificate, really. Further evidence would be more imporatn for removing conditions. Lets face it, a fiancee can arrive today, get married tomorrow and file for AOS the next day. So how much evidence can they expect to see from someone married 24 hours? We were asked for exactly ZERO "evidence" other than what we filed with the AOS, marriage certificate and I-864 basically.

Yes, I know some people are required to provide more than this and it is because there is some red flags in their filing or circumstances, simple as that. There really is not any "required" evidence for the conditional AOS. I worried more about getting the K-1 visa, needlessly as it turned out. I was all out of worry by the time of the AOS

I didn't worry because we have a legitimate marriage. I was THERE when we got married.

I think you were lucky. Most people are asked (and i am sure submit), supporting documents. I know that I was asked what I had brought when I went to my interview and showed five items, before the interviewer said that was plenty. I'm pretty sure there were no red flags in my file. I think it would be very rare, that an I-864 and marriage certificate would be all that is required to show proof of a legitimate marriage.

I am very glad that it worked so well for you! Congratulations!

Too bad the pizza wasn't better or he may have gotten away with it.

Well, if you want to marry him, then you should do it and file to adjust his status. Otherwise, he will have to go back home and won't be allowed back for a period of time. In the meantime, if you do get married, he should not leave the US prior to adjusting his status. You would not be circumventing any immigration laws, if he did not intend to immigrate to the US on his last entry.

Contact the town hall in the place where you were born and ask for some help. I guess it varies. I think you can get a B/C through a state office or sometimes right at the town hall.

I did not send any affidavits with my recent application. I figure if they are really needed that they will ask for them. I am sorry to hear about all you have been going through. Please don't be ashamed or worried about what people will think of you. Your employer should be understanding and supportive. You have done a brave thing by leaving and should feel proud. I wish you the best with everything.