Killer_Clown_2009

Once you send in the RFE they will start processing your application again (forget about the 90 days thing). She will probably be work authorized shortly. Maybe she can do some volunteer work in the meantime? That or start seeking work in anticipation of getting her EAD within a couple of months.

I'd send in a letter to USCIS, indicating that this is your income as reflected on 2006 tax return and that it exceeds the poverty guidelines. I'd also add in a bunch of paystubs and a letter from the employer.

RFE doesn't really slow thinks down that much. If you delay in responding to the RFE, then that can slow it down, but processing pretty much resumes where it left off (or in my opinion somtimes faster) when the RFE was issued.

I don't know where your initial I-130 was filed, but I know of someone who filed the I-130 (not knowing they were supposed to file the I-485 at the same time) and then filed their AOS application, including the I-130 NOA (1-130 was pending) and they didnt have any problems. i don't think you should have to file a new I-130 if there is one already pending.

You will get an appointment for biometrics after you send in your I-485. You don't really do it on your own and it's not something you send into USICS. You need to include biometric fees as noted on the fee schedule with the I-485 application. You can sent in an I -765 with the AOS application.

Your relative needs to see a civil surgeon for a medical. Here is the link: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV Shop around. I managed to get mine done for $200.00 and my son's for $65.00.

Yes, your wife would check off "A".

You need to submit a seperate application for your step child.

Hope this helps.

If you don't have health insurance, call your local public health department. They can probably a> give you the vaccines for a low cost (or free) or let you know where you can get them done for a low cost.

Giving lectures in a thread where someone asks a simple question should also be against the TOS.

You should be able to track both I-130 and I-485.

My son's I-130/I-485 was transferred to CSC and recently approved. They generally send applications were they feel there may not be a need for an interview (as in the case of a child) . I think it's pretty rare for a spouse with an I-130/I-485 filed concurrently to be transferred, but it probably does happen.

I agree with what AOS despair posted. When I called USCIS customer service, the service rep told me that she could only see exactly what I could when I logged into my case status online.

She didn't even know which service center my application was at, just that the online status indicated that the last action was a case transfer and pending at the new center. I would not trust what they told you about FBI checks, I just don't think that they would have that information available to them.

They may have sent it to CSC to be approved. Here is my son's timeline for his I-1485/I-130:

Case sent to CSC - 08/23

Case pending at CSC - 08/29

I-485/I-130 Approved - 09/04

I don't know why they would have sent your file to CSC if you were already interviewed, but it may have been a way for them to have it approved faster.

You only need to wait 3 years to apply for citizenship (based on your marriage to a USC), even if your PR status is conditional for 2 years. They should not send you a conditional card though, seeing as your application was approved after you had been married for 2 years.

A> Are you the USC or the spouse.

B> Where was the interview for the I-130.

They mailed my son's welcome notice on Sept. 4 and we did not get it until yesterday (so you are a day behind us). I would not worry too much about it, unless you don't get it by mid next week. The welcome notice doesn't contain the green card or anything all that important. It's just basically a letter welcoming you to the US and tellng you that you will get your green card soon.

Yes, if he is allowed into the US, he can apply for his I-485 based on the pending I-130. One issue though may be preconceived intent to immigrate. Basically, it's not ok to enter the US as a tourist with the intent to immigrate. Filing an I-485 immediately may raise some flags (though chances are USCIS won't really care). I'd suggest that you contact an immigration attorney about this.

hi to everyone. i am a filipina and i had been here in the US for a year now. and my marriage is failing. my husband told me that he realized he wasnt inlove with me. this ahppened after he met another girl and started helping this girl in her restaurant. thats when everything changed, he doenst show any affection towards me anymore and seemed not to care anymore. he is always away and he is always witht his girl, i dont know if they have a relationship coz he keeps telling me they are just friends. they are seen together on wee hours in the morning and she calls him 12 am 2:30. also this girl is married to an american but she doesnt love him they just had an agreement that she will come here to marry him. they sleep in different rooms basicaly this is illegal. anyway i want to know if anyone can help me with a dvice or anything. i know if we divorce now my green card will be void and its possible ill be deported back to the philippines. we dont have joint accounts nor kids. i know these are the evidence that i can show the immigration that i entered this marriage in good faith and it is not my fault why this is failing. but i have evidence of him emailing other women and chatting with other women behind my back and they are asians too. so basically he is cheating. can i consider these things that he is doing as emotional abuse to me? and also if anyone can advice me on how i can report him to the immigration so he cant get any women outside the US, our divorce will be his 3rd divorce already. and i wanna report this girl also to the immigration. if anyone have some advice regarding this i would greatly appreciate it...thank you

I understand ur situation, and its funny how intend to report everybody to the immigrations. Even the American girl? What are they gonna do with her? Deport her to the US ? In your situation, I think u do have a good case here. If i was in your shoes, I would continue gathering evidences of him cheating like u have been doing. u can do a little bit more by waiting for an opportunity for him to abuse you. If you know he's cheating, just look for a perfect time to get in his business. That's going to make him mad and possibly hit you. Then u can call the cops. Look for two or more opportunities like that and make sure u save the police report numbers for each case. Then u can go ahead and file for a divorce. When its time for your removal pf conditions, all the letter u have as well as your police report are enough to prove that u were a victim of abuse, so u're filing independently. Wait... if u've been here for a year, didn't y'all ever file taxes together..? If u did, then that is a good reason to show ur marriage existed, no one would file taxes with a stranger u know.. U can switch the tables around like that. All the best.

I'm glad I'm not your spouse. Sounds like you have it all planned out.

They will aprove them both on the same day. When is your interview?

They wouldn't even speak to me about my 12 year old's case unless he was right there in the room with me.

You can ask, but they won't give you one .. sorry. You'll need to apply for an EAD and wait for it to be processed.

3 way call sounds good... or if you go to an infopass appointment bring a letter like this (one I filled out for my senator's office):

PRIVACY ACT RELEASE FORM

I am aware that the Privacy Act of 1974 prohibits the release of information in my file

without my approval. I authorize the USCIS to provide

information on my case, receipt # (put case receipt number here) to my spouse (put name here)

______________________________

Signature

_______________________________

USCIS also has a privacy form, but it's somewhat more confusing and a written letter is acceptable.

Date

(Signature)

______________________________

(Please print your name)

_____________________________ ____________________________

(Address) (Telephone)

_____________________________

A written letter of consent should work.

But how is it that you were able to marry but not return to Canada during the process?

We had thought about doing it that way but we didn't want deportation hanging over our heads, you mean to say that you went for a visit got married stayed in the states and filed for AOS and nothing was said to you at your interview!???

http://www.uscis.gov/files/article/A1.pdf

Can my relative wait in the United States until becoming a

permanent resident?

Your approved relative’s petition gives your relative a place in line

among those waiting to immigrate. It does not let him/her come

to the U.S. or remain here until he/she can apply for

permanent residence. He/she should wait outside the U.S. to

immigrate legally. If he/she comes or stays without legal status,

it will affect his/her eligibility to become a permanent resident

when his/her place in line for a visa is reached. However, if your

husband or wife, unmarried child under 21, or parent is already

in the U.S. after having entered legally (and in certain other

circumstances), and applies for permanent residence when you

file your petition, then he/she may, with certain exceptions,

remain in the U.S. while we process their application for

permanent residence.

Back to the topic.....

What about this?

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

Hmmmm..... perhaps working without authorization would be an additional adverse factor. Although working without authorization can be forgiven, it is yet another adverse factor that may cause the adjudicator to weigh it against this ruling as cause to deny in the light of another adverse factor.

I thought I should add a bit to this previous post. While this ruling offers some protection to the immediate relative seeking adjustment, it does not alleviate denial based on material misrepresentation either during visa application or entry at the POE. When you apply for a tourist visa, you will give a reason for requesting the visa. Certainly the visa would be denied if you answered that you wanted it so you could join your spouse and adjust status. If you give an alternate reason in order to obtain the visa, but expect to use the visa to join your spouse and adjust status, that would be material misrepresentation and the Cavazos ruling does not protect you against denial on those grounds.

So, for the sake of this arguement, let's say you already have a tourist visa and have been using it correctly to visit. Now you decide to use it one last time to join your spouse and adjust status. So far, you can find comfort in the Cavazos ruling. But, you will probably be asked the intent of your visit when you are going through immigration at the POE. If you give an alternate answer in order to obtain entry at the POE, but in fact are planning to adjust status, that would be material misrepresentation. If the discussion at the POE is verbal only, it may be hard to prove, but the danger is there. If you are subjected to secondary inspection, you may be asked to sign a statement as to the intent of your visit.

The point I'm trying to make is that while there is a ruling regarding the intent issue, it's protection is not absolute. Material misrepresentation is a compelling adverse factor that is not so easily overcome. I think it would be a rare instance that, at the very least, someone would not be asked the purpose of their visit at the POE. Giving an alternate answer for purposes of gaining entry, when entry would be denied if the truth were known is, by definition, material misrepresentation.

Cavazos married his USC spouse the VERY same day that he entered the US. He did not offer this information when entering the US (nor was he asked about it).

I don't see how you CAN'T have material misresprentation if it was your preconceived ntent to come to the US, get married and immigrate all on a tourist visa. Obviously people don't offer up their preconceived intetent at the POE or when applying for a visa, otherwise they would be denied entry into the US.

No, they don't send you a transfer notice or update the case status online if your file is just going to your local office..

Whether she had intent or not wouldn't matter much. What matters is if USCIS can prove that she did.

A lot of people enter with tourist visas with intent to adjust status, and they get approved. Others get denied. There's no consistent rule on that.

Some immigration lawyers seem to be clueless about intent being an issue, so the OP's friend needs to make sure she finds a really good one.

Yes, good point. There is many people that have intent and enter US with B1/B2 or VWPand get there status adjusted and I bet that for you as a Russian to get B1/B2 would be difficult and it is easier to get K-1.

Actually, not a good point. USCIS doesn't need to prove intent, the person applying for adjustment of status needs to prove NON intent - that is if they are asked by USCIS to do so.

Here is the case law, right from the BIA:

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

Preconceived intent generally is not a problem for the spouse of a U.S. citizen - go do some research on that.

I couldn't find whatever part you we attempting to point out.

The case is from 1975 - not exactly current information.

It doesn’t matter how old it is it is a court case it could be 100 years old and if court of appeals haven't overruled or the Supreme Court, the case can be used on any court in the US. My point: if you file for AOS and you are on VWP or B1/B2. Wait for a while before you file so you do not raise suspicion, as USCIS could try to prove immigration intent.

Er, that case pertains to someone applyingto change status to a STUDENT. AOS due to marriage is a whole different thing.

I didn't know that MMR was given in a series. I only had one shot and that was all I needed.