Laura Hartman

Hi, I had my AOS interview yesterday April 16th. The IO went over all the questions on the i-485 application and that alone took a long time. Afterwards he asked some questions about our relationship, nothing too personal, just how met, where and when, our engagement, family, my husband's previous marriage, etc. When it came to the evidence, he only asked for photos and insurance. We did have plenty of photos (places we traveled to, with family, wedding reception, etc), joint bank account statement, credit cards, taxes statement we filed jointly, a lease for a place we rented together for a while but not insurance since we just don't have insurance at the moment for several reasons. Anyway, he didn't ask for anything else but photos and health insurance. Even though I provided him with all the other paperwork previously mentioned, I forgot to give him our tax return as evidence. I genuinely just forgot that one thing plus he didn't ask for it or anything else for that matter besides the photos and insurance we didn't have. What are your suggestions? I think our taxes return is good evidence for our case and would be worth the shot to mail it as it was something I meant to submit as evidence in the interview. He did ask if we didn't have insurance because of me not having a SSN till recently which is partly true but the main reason why is because we couldn't afford it before and we have been looking for more affordable plans plus we did go to the doctor and dentist plenty of times without insurance and we never had any issues so we never felt pressured to get it. Besides that, the interview went OK. 

I recently received my request for AOS initial interview with a list of items I need to bring with me. The affidavit of support form i-864 is listed unless already submitted which I did when I applied for AOS back in October 2017 so I assumed I didn't have to bring it to the interview as I sent out my i-485 and a completed i-864 with all the evidence required (federal income tax returns, W-2's, letters from employers, evidence of sponsor's US citizenship, etc). However, I called USCIS and got two different suggestions, one was that I should bring another updated i-864 form with all required evidence all over again and then later another agent said that since I already submitted it when I first applied, I only needed to bring a copy with me. I just want to make sure whether I have complete this form again or not as I don't have that much time to put all that paperwork together. I just want to know what's best for my case and as usual, I received mixed answers from USCIS customer service. 

You're right. I went to the appointment and the doctor advised me to not get it because it is around $500 and I may not need it. He said that I most likely won't need it and worst case scenario I can always come back and get it done if the IO requires it. 

I read the instructions for i-693 and it states on page 7: C.You received a medical examination prior to admission, then:(1)You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination. I called USCIS and they said the medical examination I got overseas when applied for a K1 visa is only valid for a year. I got my medical examination on May 23rd, 2017 and I applied for AOS on October 24th, 2017. I recently got my interview appointment for April 16th giving me only 30 days to get all the paperwork needed for the interview. I scheduled a medical exam just in case but I'm still unsure whether I have to get it done or not. I only have my vaccination records and chest X-rays from the last medical exam since the results of the medical exam overseas was given in a sealed envelope to an IO when going through customs after landing to the states in order to be admitted to the country (July 19th, 2017). What are your thoughts? My interview is in 18 days.

This is all so confusing. I read the instructions for i-693 and it states on page 7: C.You received a medical examination prior to admission, then:(1)You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination. I called USCIS and they said the medical examination I got overseas when applied for a K1 visa is only valid for a year. I got my medical examination on May 23rd, 2017 and I applied for AOS on October 24th, 2017. I recently got my interview appointment for April 16th giving me only 30 days to get all the paperwork needed for the interview. I scheduled a medical exam just in case but I'm still unsure whether I have to get it done or not. I only have my vaccination records and chest X-rays from the last medical exam since the results of the medical exam overseas was given in a sealed envelope to an IO when going through customs after landing to the states in order to be admitted to the country (July 19th, 2017). What are your thoughts? My interview is in 18 days.

This is all so confusing. I called USCIS and now I'm even more confused. They said the medical examination I got overseas when applied for a K1 visa is only valid for a year. I got my medical examination on May 23rd, 2017 and I applied for AOS on October 24th, 2017. I recently got my interview appointment for April 16th so I only had 30 days to get all the paperwork needed for the interview. I scheduled a medical exam just in case but I'm still unsure whether I have to get it done or not. I only have my vaccination records and chest X-rays from the last medical exam as everyone else since the results of the medical exam overseas must be given in a sealed envelope to an IO when going through customs after landing to the states in order to be admitted to the country. What are your thoughts? My interview is in 18 days.

Hi there,

I recently got a letter stating that my interview for AOS will take place on April 16th. I was quite excited to hear from USCIS after such a long time since the last time I heard any updates about my case was over a year ago however, I read the list of all the paperwork I need to put together for the interview within a month and I just started to stress out about it. I've got so many questions and I don't know how I'll manage to get this done with such short notice (the interview is in 20 days) but I was wondering whether I had to complete the medical examination or not. As usual, I've got mixed information from the form instructions and USCIS agents. I had a medical examination before I was admitted to a K-1 visa holder. I filed my Form I-485 within one year of my overseas medical examination. The instructions for the form I-693 states that you are not required to have another medical examination if you filed within one year of your overseas medical examination however when I called USCIS, I was told on the phone by one of their agents that I still require a medical examination since it's been over a year since I applied. I'm not sure about this one and I've already scheduled the appointment. If that's the case, I wonder what the appointment is going to be like, how long, what kind of questions will the doctor ask, if it's going to be like my medical examination overseas where the doctor only saw me for like 10 minutes, did a quick q & a and everyone who went before me was like just answer what they want to hear. Then I got a vaccination record in like 5-10 minutes. Also, the day before the appointment I got a chest X-ray, blood and urine test which did not take more than 10 minutes. I have no idea what to expect from this medical examination if there are going to be unexpected screenings and tests that I am not aware of and will cost me more money than planned as well. Thanks for any further tips, details or recommendations.

Hi there,

I am an AOS applicant (I-485) who recently got her EAD (I-765) and now I want to apply for an APD (I-131) as I really want to visit my family back home after not seeing them for nearly 2 years plus my grandmother who basically raised me passed away shortly after I arrived in the U.S. with a K-1 visa so I was not able to go to her funeral and I really want to be there for the second anniversary of her passing with my family.

I've been reading multiple forums from different websites and I've found nothing but conflicting information on this topic. I've read the I-131 instructions multiple times and I just want to make sure everything is perfect in order to avoid an RFE. On the I-131 form clearly states on page 2 of 5 Part 3, "If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4 before skyping to Part 7."  Therefore as instructed I skip to Part 7 where it says "On a separate sheet of paper, explain how you qualify for an Advance Parole Document, what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (See instructions)" so I go to the I-131 instructions page 9 of 15, where plainly states "If you are applying for: c. Advance Parole Document for Individuals Who Are Currently in the United States: If you are in the United States, you must attach: (2) An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole Document; OR (3) If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application; " so from this I get that I do not need to add or attach any explanation or other evidence since I am an AOS applicant and I must only attach a copy of my receipt, form I-797C as evidence that I previously filed the AOS I-485 application. However when I asked on this immigration forum "Avvo", some lawyers replied that I still needed to complete these parts. I'm not sure if they misunderstood the information I provided them with and that's why I'm being so annoyingly specific on this one. I really want to hear from people who got their I-131 approved and make sure I got everything right. It seems pretty clear to me and I just want to get this mailed asap knowing everything is alright with my application. Also, on Part 3 when asked expected length of the trip, is "TBD" a valid answer? as I can't honestly state in days how long I'll be there for. Thank you so much for taking the time to read this and any advice is greatly appreciated. 

Hi there,

Yes, I just double checked that the fee is waived when you are waiting on an AOS application. No, I didn't get an RFE, the only thing I got was the notice of action on May 15th stating that they have received my application. I called USCIS after 6 months passed as it was outside processing time, all they did was to submit an “outside normal processing time” service request and have me waiting for another 30 days. After those 30 days I called back and they said there was no response and submitted another service request. When I called back after 30 days more, I basically got the exact same answer and they submitted another service request for the third time since there was no answer on the first two. This time I was also transferred to an immigration officer on the phone and she basically said that they just haven't made a decision yet, there are no updates on my application and I just needed to keep waiting. I checked on that link and my nearest office is not accepting walk-in requests or scheduling InfoPass appointments. I was also wondering if it would be possible to apply for an I-131 so I can visit my family this year and if that would be a valid reason for the "purpose of trip" question. I've read on several immigration forums that vacation, family obligations, and other personal purposes are valid answers to this question however I wanted to make sure in order to avoid an RFE. Thank you! @Nouchigang

On 7/2/2018 at 11:38 AM, Nouchigang said:

Hello,

I also made that mistake and even sent a check for $410 for the EAD but it is actually free, when you have the AOS(i-485) pending, so if you have not sent the application package yet do not add the check, just make a copy of your NOA1 of your I-485 and add it with the application for EAD, with 2 pictures, I-94 etc.

AP (travel doc) is also free, even though you don't need to travel you never know it is best to send it as well.

When sent together, EAD and AP are combined in a combo card.

It is probably too late now, I see your post was made 2 months ago. Oh well, hopefully, it will help somebody else one of these days.

Is the travel document free as well?! I checked on USCIS and I saw it was like $490 (not sure cuz I checked a few months ago and don't remember). 

Short update on my EAD: my application was received on May 15th and they're using my current name on this application (Laura Hartman) however that was the only and last time I heard from them. No updates nor further information whatsoever. Next Friday it's gonna be 8 months since I filed my application. I contacted them multiple times after 6 months since according to the timeline processing times on their website it supposedly takes from 4-6 months but the only thing they do is to add some "notification" which they call request inquiry or something like that because the case is outside normal processing times. They make me wait 30 days to tell me there's no response from them so they just do it again (request of inquiry) and have me waiting another 30 days, possibly to tell me the exact same thing. I'm calling this week but I'm pretty sure that's all they're gonna say. It's been nearly 8 months and they know nothing and say they can't do anything about it. 

1 hour ago, Californiansunset said:

Only the National Benefit center in Missouri is taking care of the EADs... all end up in the same pile. 2 months is very unrealistic, 90 days it's what they aim for but lately most cases get approved around the 120-130 days mark. 

Yes exactly! That's why I said that I don't understand why you didn't apply for it with the I-485. THe EAD is an important piece of ID that let's you get a DL, SSN etc. even if you don't plan on working. It's free anyways so why not apply for it with the AOS itself. 

 

Never heard of this before... do your research on authentic looking immigration pages or even easier.... just follow the guides that are available in this forum. It's not rocket science ...

There used to be a two week rule to wait to apply for your SSN with your maiden name after the POE. That is the only "wait rule" that used to exist. It's not the case anymore though as the data of your POE is being transmitted electronically and they can verify that information without having to wait 2 weeks. 

 

This is a myth. There's no proof for it and it doesn't make any sense. I added documents later to my application and it didn't slow it down at all. In fact it makes a CO actually having to take a look at it. 

 

Honestly... just read through all the guides here on VJ. I feel like that is going to help you A LOT judging from the wrong info you've had. Once you get your EAD sorted out, make sure to update this forum, so other people who made the same mistake can get help. Good luck!  

Yeah that's exactly what I was referring to, when checking the processing time for Application for Employment Authorization (I-765) at National Benefits Center based on a pending I-485 adjustment application [(c)(9)] on https://egov.uscis.gov/processing-times/ says estimated time 2.5 Months to 5 Months but I never said or suggested it would take only 2 months. I also think that's very unrealistic and I just shared what I found on the USCIS website.

I have done my research mainly by calling USCIS , checking with the USCIS website and sometimes on this forum, avvo.com or ***removed***. The thing is that sometimes even the USCIS website and agents share misleading information. We were even told once (on the phone with an USCIS agent) that I needed to wait some period of time from the AOS application date in order to apply for a work permit which later on I learned that it was completely wrong and just made me waste tons of time. 

We decided to apply for the I-485 and then later for the I-765 for several reasons including that applying for the I-765 was gonna be an extra $410 whether we filed them together or not.  Then I read this on the instructions for Form I-765, page 15 of 19 "Initial EAD. If this is your initial application and you are applying under one of the following categories, a filing fee is not required: 1. (a)(3) Refugee; 2. (a)(4) Paroled as Refugee; 3. (a)(5) Asylee; 4. (a)(7) N-8 or N-9 nonimmigrant; 5. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau; 6. (a)(10) Granted Withholding of Deportation; 7. (a)(16) Victim of Severe Form of Trafficking (T-1); 8. (a)(19) U-1 Nonimmigrant; 9. (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel; 10. (c)(8) Applicant for Asylum (an applicant filing under the special ABC procedures must pay the fee); or 11. (c)(31) VAWA Self-Petitioner " . Mine (c)(9) is not listed and on page 16 of 19 says "NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required .o also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007." The whole thing has been very confusing.

As I said I just wanted to make sure what my options are before making any changes or decisions. I really don't want to mess up things in any way from now on. Thank you for your time! I'll keep this forum posted and any additional comments or recommendations that may be useful for my case are greatly appreciated. 

6 minutes ago, Californiansunset said:

Unfortunately EAD processing takes now 4-6months so don't count on having your EAD anytime soon (this is why you apply for I-131 and I-765 even if you originally don't think you will need it... don't get why people wouldn't apply for it if it's free anyways and gives you some sort of ID and the ability to apply for DL and SSN). 

 

If I remember correctly, the AOS papers specifically ask for your current name and then the maiden name... so you put the same name in both even though you had your name changed??? And then you didn't say anything about it at your biometrics? I am actually surprised you didn't get an RFE for that (yet), as the marriage certificate doesn't match your current name you applied with, plus the form where it asks for the names is filled out incorrectly. 

I'd do what the USCIS representatives said and fix it now. Especially bc you want to apply for your EAD with your married name. Chances are they will catch the discrepancies of your name when they process your EAD. Write in the cover letter of your EAD application that you are in the process of having your Greencard name changed and obviously attach copies of the marriage certificate that shows the name change and your passport that shows your maiden name. It might work or it might need to match your currently processing file. You'll find out. Good luck!

 

I am aware that the application for employment authorization takes from 2 months to 5-6 months depending on the service center that will be taking care of the case and that's exactly the reason why I want to get this done and submitted asap.  I'm not sure what you mean by it's free anyway, we paid $1,225 for the I-485 application alone then needed to pay an additional $495 for the I-765 + $575 if I wanted to apply for the I-131 as well.  The thing is that we decided  to apply for the I-485  and then later for the I-765 plus we were even told once that I needed to wait 74 days or something like that from the AOS application date to be able to apply for a work permit which later after calling over and over and doing more research didn't make sense to me. 

I've been doing all of this on my own and I've made some mistakes and that is definitely one. We were unsure on which name to use on I-485 and I thought I might even need a SS card first or something else besides my marriage certificate where it says my new married name in the section "New names (if any)" to be able to put my married name on the AOS as my current name. We learned that I was able to do so without any additional documentation besides my marriage certificate a few weeks later after the biometrics. I did get a RFE but not regarding the name I put on the I-485, it was just asking for a complete English translation of my birth certificate, form I-864 and copies of Federal income tax return and W-2’s for the most recent tax year. I replied to the RFE a few months ago. Last thing they told me is that next step in my AOS process is to wait to get a date assigned for an interview. 

Since I read so many posts on forums of people saying they could just request it or have changed it in the AOS interview instead of writing a letter requesting the name update or mailing anything to them and that it might even slow down the AOS process. I just want to make sure what my options are. I guess I should just listen to what the representatives told me and write a letter explaining what happened and hopefully have it fixed and not slow down the process too much. Also, writing a cover letter for my EAD application explaining the situation with copies of my passport and marriage certificate attached sounds like the right thing to do. I just don't want to mess anything up or make the AOS processing time much longer . Never heard that my EAD application needs to match with my AOS file but I really hope not.  Thank you!!! any additional comments or info would help immensely!! 

Hi there, I'm currently on an AOS process through marriage (family based) and came with a K1 fiance visa. I only applied for I-485 in October (not I-765 nor anything else) , I received my I-797C and my biometrics appointment and went to the appointment last year on 11/15/2017. When I applied for AOS I submitted my application with my maiden name instead of my married name and our marriage certificate (which was also included as part of the AOS application package) states that I changed my last name to my husband's. So my question is what's the best way to have my name updated so my GC comes with my married name? I called USCIS several times about this matter and 3 different customer care representatives told me to write a letter and mail it to the address that appears on the letters I've received since they're the ones that are taking care of my case which is National Benefits Center, Post Office Box 648005 Lee's Summit, Missouri 64002 according to the letters I've received however I also have read dozens of posts and forums for days and some people say that they were able to request it or have it changed at the interview which would be the next step in my AOS process even though I do not have a date assigned yet. So should I just write the letter like the USCIS representatives told me explaining that I want to use my married name instead of my maiden name or should I wait until the interview to bring this up? 

I am now applying for I-765 (with my married name) so I can get an employment authorization as well as a SSN and SS card. I filled out the application but haven't mailed it yet. I know I need to attach my I-797C or something similar to prove that I have an AOS process going on but this notice obviously shows my maiden name since I applied with my maiden name instead of my married name, would that cause any issues? This is a time sensitive matter because I need to be able to apply for jobs asap as well as have a SS card and then be able to apply for a drivers license, etc.