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QAF2A

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  1. Like
    QAF2A reacted to Tenreyro in F2A 2018 AOS Filers   
    Hi, I'm glad you came and asked the questions again, read through this thread and you will find how most of us started with Pending I-130.
     
    You can apply for AOS as long as USCIS dictate you can. The pending I-130 is irrelevant, as long as your PD is approved for applying for AOS. The USCIS's Policy Manual states that any person in the family category can apply for AOS concurrently, which means with a Pending I-130. The only difference is WHEN the F-1, F-2A, F2B, F3 and F4 can send their AOS packages, that is determined by USCIS monthly, and now they are making it more confusion free than anytime before: https://www.uscis.gov/visabulletin-may-18
     
    No, you have an appointment. You go to a center that provides supporting services to USCIS. They take your fingerprints, a photo, and they are done with you. It takes like 15 minutes, at least in my case no one asked me a thing.
     
    No, EAD does not need interview.
     
    I don't understand your doubt. They process the I-485, yes, and an interview is scheduled, yes, but that is for the final decision usually. After that the green card is issued. 
     
     
    As other users said before, you have to be inside the US with a valid status to file both I-485 and any other benefit like EAD and AP. If you are not, and try to come to adjust, you are liable to be bounced back by CBP agents for immigration intention, or seen as misrepresentation later by USCIS.
     
    If you want evidence from a case of any of us, I'm sorry to tell you that you have to keep walking. The use of Chart B to file for AOS has been something implemented less than 3 years ago, that might be seen as a long time, but it is not. It took longer even for people to understand it, and that's why you see some misinformation, and since very little amount of people have file, it is difficult to find cases, and the cases that make the most noise is the people that got into some sort of trouble or that had a bad experience, because bad things are noisier than good ones.
     
    If you go back a few pages you'll see of a case I shared of a person that was approved a few years back after a difficult interview (most likely from an agent that hadn't been properly trained by the new regulations). And if you look carefully, you can find F2A filers with approved EAD's. Even lawyers could tell you it is not possible to AOS from F2A, but when the scenery changes that much, people can make the mistake of not being able to not keep an accurate track of the new things.
     
    Having said that, remember the process WILL be long, and the most desperate you are, the worst it will be. If you want a sure thing with WHEN will your interview be, and all that, I would recommend for you to follow Consular Processing, if you are a 2017 filer, you are probably past half the total waiting time (But you are not sharing anything in your Timeline, and that lack of information is what later hurts everyone, imagine if none of us shared our AOS as F2A, you wouldn't be having this information). But if you want to be with your loved one, knowing EAD might take more than 5 months, and the interview could had been faster via Consular Processing, then that's your choice, and you are better equipped to handle things.
     
    As @Bfree3 said, do the research, you will find bad cases and good cases, this is something you have to decide for yourself, depending how you think you can handle aspects such as waiting without any kind of answer.
     
    Good Luck, and let us know if you will be joining us. 
  2. Like
    QAF2A reacted to piff in F2A 485 AOS denied. Need help!   
    I'm totally on your side! I've done all immigration myself including my own NIW petition. You filed everything properly based on the dates, it's just some untrained personnel that doesn't care about others.
    I would contact a local congressman and have him/her submit an inquiry.
    Things to remember: you indeed cannot be approved for a green card until your date is current in the first (original) table. Interview can be conducted at any poibt while you are pending, they can recommend you for an approval but won't approve, that's simple.
    Also, send a certified letter to the office which made a decision on your case with the proof of priority date for the month when you applied.
    I can give you my email if I can be of any further help.
  3. Like
    QAF2A reacted to Tenreyro in F2A 2018 AOS Filers   
    Oooh, that's definitely very wrong from your postman, I don't know if is maybe helpful to tell your postman politely about that mistake.
     
    Also, do you have the option to sign up for Informed Delivery, that way you know when things are about to arrive, they scan it at the postal office. The same of signing up for Informed Delivery can also be useful for @thepanda
  4. Like
    QAF2A reacted to Tenreyro in F2A 2018 AOS Filers   
    Yes, but in some cases I read it was because the interview was at a time that her Final Action Date was not current, so they could not issue a visa under F2A for that person. 
     
    In your case check that your interview notice says F2A, and call to report the mistake if it is not, as well as any other information to be correct.
    YES! That's why I selected her case to share it with you, I saw a few other F2A Adjustment Interviews with the same result, but different scenario. Not also Pending I-130, but also early interview. In any case, if the IO is knowledgeable enough, he/she could even recommend you for approval, and you could be pending until the PD becomes current, and then basically approved. That would actually be really awesome for you.
     
    I even read of a case that the person was told that was going to be denied because of the PD, with an IO that didn't appear to know that much, but ultimately, in the next few weeks the status updated to approved, I guess it was a supervisor that set them straight.
  5. Like
    QAF2A got a reaction from Tenreyro in F2A 2018 AOS Filers   
    Thanks for your comments! I agree with waiting till the end to ask if allowed. Now For June even the chart B is used for filing so I think you can still file for AP.
  6. Thanks
    QAF2A got a reaction from thepanda in F2A 2018 AOS Filers   
    Thanks everyone for the response!
     
    I am confident now that this is not a mistake. I wonder if we can complete the adjustment of status before chart A is current to us. 
     
    I will go to the interview and find out for us!
  7. Like
    QAF2A reacted to Bfree3 in F2A 2018 AOS Filers   
    I totally agree, some persons get their interviews earlier than others. no big deal, I'm hoping it'll be the same for us since our package is pretty straightforward, no kids,no criminal history, nothing major to report.
  8. Like
    QAF2A reacted to Bfree3 in F2A 2018 AOS Filers   
    congratulations @QAF2A !!!!!! woot woot  when one person wins, i feel like we all win. 
     
    @Tenreyro @QAF2A when i initially read this, "
    "If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.
    We anticipate designating one of the two charts each month and linking to the relevant chart below within one week of DOS’ publication of the Visa Bulletin." 
     
    I was under the impression that you could in fact get your visa if they so deem. What are your thoughts?
  9. Like
    QAF2A reacted to talad in F2A 2018 AOS Filers   
    I heard from a lawyer I consulted with that this is perfectly normal. He told me that they usually schedule the interview even before chart A date is available just to "get it over with", so that they have one less person to interview and one less thing to do. Having the interview after chart A date is also normal. It all depends on the officer handling your case, so this is definitely not a mistake. Goodluck on your interview! Hope it goes well!
  10. Thanks
    QAF2A got a reaction from thepanda in F2A 2018 AOS Filers   
    Thanks! 
    My PD is Feb01 2017
    Our AOS package was submitted on Mar02nd of this year. 
    Did biometrics Apr 6th
    Case ready for interview on Apr 24,
    then statuschange  to “interview is scheduled” on May 14th
    No news on EAD or AP
     
  11. Like
    QAF2A got a reaction from thepanda in F2A 2018 AOS Filers   
    Congrats everybody on the good news!
     
    I also got an email update that an interview notice will be sent to me. It’s been 70 days since my I 485 package was received. I wonder when the interview would be. Finger crossed. Will keep you updated.
  12. Like
    QAF2A reacted to azblk in Help! Married to LPR. Dropped school after filing I-485. AOS interview next month.   
    FAILURE TO MAINTAIN STATUS
    Title 8, CFR Part 245.1(d)(1) defines “lawful immigration status” to include nonimmigrant status (e.g. B2, F1, H1B, J1, L1A), refugee status and asylum. Temporary protected status (TPS) granted under section 244 of the Act and F-1 student occupational practical training (OPT) are also considered lawful status for adjustment purposes. Examples of persons not in lawful status include aliens who entered without inspection, aliens whose nonimmigrant status has expired, and parolees who were not inspected and admitted.
    In terms of Form I-485 adjudication, lawful status is counted from the date of the alien’s last admission until the Form I-485 is filed. Any gaps or violations that occurred prior to the alien’s last admission or after Form I-485 was filed are not counted. (These limitations do not, in any way, bar USCIS from scrutinizing an applicant’s full immigration and employment history within the record of proceeding to otherwise determine admissibility or eligibility.) Lapses or violations totaling 180 days or less are permissible under section 245(k) of the Act. 
    An alien fails to maintain lawful status when their status has expired, has been revoked, or has been terminated. In particular, an alien admitted as a nonimmigrant fails to maintain lawful status upon overstaying his or her authorized period of admission, as specified by the expiration date on the alien’s Form I-94 (Arrival/Departure Record) or Form I-797 (Notice of Action). Applicants also fail to maintain lawful status by violating the terms and conditions of their admission. This means that although the alien held (or was granted) a lawful status, he or she engaged in activities which violated the terms and conditions of that status.
     
     
  13. Like
    QAF2A reacted to Tenreyro in Help! Married to LPR. Dropped school after filing I-485. AOS interview next month.   
    I would really like to see how this case unfolds.
     
    Sorry @Roel, I believe where you quoted USCIS is a misquote, since it is a general page, an specific details can not be assumed. For example, the original source also instructs USC's spouses to File I-130, I-485 them together, that does not mean that they can not file them separately. 
     
    If interested OP and anyone else interested could also check Maya123's case that was even one step further, and went to the interview, and was told by the interviewing officer that she was out of status and that she was going to be denied. Only to later receive the approval. It only got delayed because her I-130 was stuck somewhere else  
     
    Please people let's try to educate, and refute with arguments instead of beliefs.
     
     
     
  14. Like
    QAF2A reacted to LPR_filer in Do you need to maintain your status during I-485 decision process   
    Also check out this almost similar experience:
    http://www.visajourney.com/forums/topic/445225-aos-filers-happy-filing-and-keep-us-updated-on-progress/?p=6801012
    <snip>
    The IO said that everything looked good except for the fact that my wife had never registered for classes. The IO said that this meant that my wife was out of status and that the IO had checked with other IOs in the office and all agreed. I went ahead and explained that since we applied while she was still in status, that my wife was therefore on a new immigration status (pending AOS) and that she did not need to go to school if she didn't want to. The IO continued with the basic interview (reviewing 485 responses) and then said that they needed to go out and verify. Luckily for us, another IO confirmed what I had told the original IO.
    <snip>
  15. Like
    QAF2A reacted to Tenreyro in F2A 2018 AOS Filers   
    Hi everyone,
     
    Today, 6 years ago, the beautiful woman that is now my wife and I started our relationship (as boyfriend and girlfriend). 
     
    I think someone at USCIS decided to give us a present because of that, because we received an email that our I-130 was approved today. ^^
     
    Keep the good news coming guys!!!
  16. Like
    QAF2A got a reaction from thepanda in F2A 2018 AOS Filers   
    Quick update: Case is ready to be scheduled for interview. Time depends on local office! 
    So the 10-31 months begins!
  17. Like
    QAF2A got a reaction from Holly-ando in F2A 2018 AOS Filers   
    Quick update: Case is ready to be scheduled for interview. Time depends on local office! 
    So the 10-31 months begins!
  18. Like
    QAF2A reacted to azblk in F-1 student married LPR. Pending AOS. Do I have to maintain Full-time status?   
    This is not accurate. You only need to be in status at time of properly filing i-485. After receiving your i-797C you are now pending AOS and can give up you F-1 status if so desired.
  19. Like
    QAF2A reacted to Tenreyro in F2A 2018 AOS Filers   
    Wow Congratulations!!! I'm so glad you were able to send it!
     
    You should get the E-Notifications around April 27th to 30th, those days are around a weekend, I hope it does not change anything for the E-notification. 
     
    Good Luck! Welcome to the waiting game xD
     
  20. Haha
    QAF2A reacted to Bfree3 in F2A 2018 AOS Filers   
    Hi guys, hope everyone is having a wonderfully blessed Monday. Got my fingerprint appointment out of the way today, feeling great. I’ll check status tomorrow for any changes. @Tenreyro @QAF2A thanks for the well wishes. I was informed that I HAVE TO use my drivers license(not US)  as identification since it has my married name. I got lost on the way to the center 😩😭😬 
  21. Like
    QAF2A got a reaction from GPG in F2A Spouse I-130 2017 filers   
    May 2018 Visa Bulletin F2A final action date 01June 2016
  22. Like
    QAF2A reacted to Bfree3 in F2A 2018 AOS Filers   
    @Aj06 My i130 is not approved, only pending. Priority date April 24,2017. My AOS package was accepted. Please follow this thread for additional updates and just read all of it, I think all of our i130 petitions are still pending. We sent the AOS package anyway because per the USCIS instructions for filing with chart B, it is possible to file AOS while still pending once your spouse is currently in USA with legal status.
  23. Like
    QAF2A reacted to Tenreyro in F2A 2018 AOS Filers   
    Hi @Aj06 welcome! I also have a pending I-130 and filed for AOS. All of us are petitioned by Permanent Resident.
     
    @Bfree3 I believe some of us will end up at NVC after they approve the I-130. Mine was sent when I was outside the US, so in the I-130 it was completed as such. I believe mine will be sent to NVC, but it should not influence on anything, it is kind of an absurd thing. I contacted NVC to let them know I was going to go via AOS, I just received an email that said that they did not have my file on their system. I don't expect it to influence at all on the AOS, but when I hear something from NVC, I'll let them know I decided to file for AOS, just to fulfill their requirements. Honestly, it does not stress me, it is just the way their structure has been built.
  24. Like
    QAF2A reacted to Tenreyro in F2A 2018 AOS Filers   
    Unfortunately, we have some information vacuums, because not everyone fill out their Timelines, but here are some people that have gone through the same, on the ones quoted, you can see their signature, where is says their timeline. 
     
     
     
     
     
    Hope these cheer you up!!!!
     

     
     
  25. Like
    QAF2A reacted to Tenreyro in F2A Spouse I-130 2017 filers   
    I'm sure @QAF2A will provide you with an answer, but to find out about more people in the same situation, we all filed AOS, and have a separae topic: 
     
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