NancyLyz

If she has not claimed to be a US citizen to work, to claim any benefit, or to conduct any business, then she's probably fine. She may get grilled a bit in the interview considering she overstayed for 2 years but ultimately that wound't be the reason for them to deny her AOS application. If she has no criminal records, her overstay and illegal employment should be forgiven as a spouse to a USC.

Just be honest on the forms, don't lie about whether or not she has worked, especially if she has filed tax within the States before. Double check to see what she has claimed on the tax forms.

Hope it goes well for you. 

And for all those people who are questioning how she overstayed in the States without a valid working permit. Well, not all employers ask employees to fill in I-9 forms/some jobs are paid with cash, like being a nanny, an event staff, a cleaning lady, etc./She may have financial support from her home country like international students do/.

Whatever her case is, the OP didn't ask for a detective. He simply asked for suggestions. Let's keep the good tradition of VJ, being helpful and honest but not judgmental. 

4 hours ago, Asker1234 said:

Hi,

 

i have a green card, which I received via work about 2 years ago.

 

Last year, I married a J1 visa holder.

 

My wife wants to go back home for a visit, and because her stamp is expired, she is planning to apply for a fresh stamp.

 

My wife is subject to the 2 year requirement and we intend to move back home anyway (same home country for both of us). She has a couple of years training left.

 

would renewing her J1 stamp cause issues because she is now married to a green card holder?

 

please help

 

 

If you have not filed for adjustment of status, then her status will not be affected by the marriage. However, I don't think as a permanent resident, you can live outside the States as a resident. Chances are you'll have to be in the States or you will have to abandon your green card.

On 7/7/2018 at 11:11 AM, mushroomspore said:

Oh gotcha! Hahaha, man, all these technicalities. 

Yeah it's a bit different. It's up to the officer who interviews us I assume.

Anyway, have you gotten your EAD? 

5 hours ago, Tomalley said:

Wow, I can’t believe you paid less. I paid 65$ for the learner ‘s permit and $6 more to take the driving test. 

 

And the staff suggested me to get my driver license after I get my green card so I don’t need to renew DL, which can save $65.  Very expensive!

i'm not even sure how long the driver's license will be valid considering a conditional green card will only be good for 2 years. 

3 minutes ago, A&H2018 said:

Thanks for the kind words, but I am fine waiting and would rather bypass i751 too. Just fear that the interview will come right before and then have to do i751 ans n400 all at once. 

Plus just would prefer overall better communication for everyone. Now to provide information to all june/july filers.

Yeah I always wonder, if I've gotten married for like 1 year and 9 months (something close to 2 years but not there yet) at the time of interview, will they give me a 2-year card or 10-year card? I'd hate to have do I-751, since they're definitely certain not going to be approved within a year and it'll be adjudicated with N-400 together. 

1 hour ago, Arete88 said:

Hi guys. I hope everyone is enjoying the summer and not too stressed with the AOS proceedings.

 

I received my EAD/AP combo card 2 weeks ago and I'm traveling to Europe next week. My question is: what documents do you recommend to bring so I can show them at the POE when I come back to the US?

Until this point I'm bringing:

 

1) Combo card, of course.

2) Copies of forms I-797D and I-931 that came with the card and state that the transportation carrier can accept me on board to travel to the US without fear of penalty or fine.

2) Copy of my marriage certificate and its translation.

3) Copies of NOA I-797, AP and EAD approval notices.

4) Copies of I-485, I-130, I-765 and I-131 filing receipts. 

 

Is there anything else that could be needed or useful?

Many thanks!

I'd even carry a business card of an immigration attorney/your own attorney just in case I have to contact a lawyer. But the list is pretty cool! Good luck on your trip.

1 minute ago, 78imek said:

Hi, yes you are right. I was referring  to EAD for OPT. I have F1 visa and I want to apply for expedited processing because of my job offer. 

I'm not exactly sure how you can expedite EAD for OPT but I assume you can still do that after you submit your application. Just remember to apply for OPT within 2 months of your graduation date. I applied mine back in Feb 2017 right at the 90 days mark before my start date (May 2017), and I did receive my EAD card pretty much right before that date. Good luck with that.

Just now, A&H2018 said:

San Diego updated their data to be more accurate due to the onslaught of daca etc...9.5 months is blue box now. Los Angeles, CA office is 4months on lower limit. LA county is 13.5 months. San B is 9months. 

 

So I guess if one lives in downtown LA you can lottery get interviews in 3 months. You just need to laugh at the data at this point.

Nah I reside in Redondo Beach, which falls into the LA county office. I'm honestly not expecting my interview to arrive any time sooner than a year. I'd rather they keep me waiting until I've married for about 2 years then I don't need to go through the I-751 nightmare. But I'm guessing there is still a chance to get an interview by the end of the year if they move my case to San B office (my attorney's address is closer to the east side of LA anyway) so you never know. 

For now I'm just happy that I can work and travel. 

Good luck on your application. You're probably pretty successful in your career coming down here with an L1 visa. Sorry that you still have to go through all the bs with USCIS.

Update 7/6/2018

I didn't know that the Consulate of China in Los Angeles (or as a matter of fact all Chinese Consulates) now require an appointment to process anything related to a Chinese passport. So after spending 45 minutes waiting, I kinda just have to roll my eyes and get an appointment. Luckily, the appointment system is pretty easy to use. What's annoying is you can't edit any information once you've confirmed the appointment. The only way to edit the appointment is to cancel it first, and then reserve a new appointment 72 hours later. The online appointment system allows you to upload digital photos and it's not really strict about the photo requirements. Since I am going to take an exam on 8/1 morning, I selected my appointment that early afternoon at 1:00 pm. They only open from 9 to 2. 

It's definitely not easy to find parking around that area. But I guess my suggestion will be there are retail parking available nearby (within 10 min walk), which can be validated by retail stores in the building (3150 Wilshire Blvd). The entrance of the retail parking building is located on Shatto Pl. The address of the Consulate is 500 Shatto Pl.

In addition, my I-131 case status updated this morning randomly (post-decision activity). I have received my combo card about a week ago.

Anyway, now the only thing left for me is to wait. Hopefully my social security card and Driver's license will arrive soon (I have a temporary one that's valid till 9/30).

I won't have updates on this post for a while until: Receiving updated ssc and dl; completing adding notes to the passport; any updates on my I-485 (which has been "ready to schedule interview" since 5/21)

Love you all and best of luck to all my fellow VJers!

12 hours ago, 78imek said:

Oh! thank you very much....this sounds easy. Congratulations on yours!

Are you having an F1 visa or an F2 visa?

If you just finished school with an F1 visa then you need to apply for OPT, which has a different process than getting a combo card/ead card from adjustment of status.

If you are on an F2 visa, you can't work unless you get like H1B or other visas.

I'm in LA too. The expedite takes about 1 month. So once you completed the biometrics appointment, go file an expedition request sooner than later.

1 hour ago, Diorella said:

hello everyone.is it possible for us to get a state ID or any photo ID? my only valid ID is my passport which has my maiden name and i am now using the last name of my husband. we are going to an event in aug. and they need a photo ID. i registered in that event using my new last name. im thinking of just using my passport and just bring my marriage certificate in case i wont have a valid ID with my new last name.

You will most definitely need to receive your EAD card first before you can apply for a state ID. 

1 hour ago, A&H2018 said:

Hey,

 

So I checked my file is currently with San Diego office too for over a month. Not sure whats the deal with these California offices do they get the file just to keep it near themselves. Most other field offices get it only when interview is planned 30-60 days out.

 

Anyways great job on getting everything completed before the holiday tomorrow.

Thank you. I really need a valid driver's license.

Yeah California field offices are very backlogged and busy. I think the interview will not come any time soon so I'm fine with just waiting while I can work and travel. If the interview actually come after the two-year mark, I'd be happy as well because then I don't need to go through I-751. Los Angeles County office currently takes 15-36 months for I-485 family-based adjustment. I'm definitely expecting to renew my combo card first and then the interview notice lol

How's your process going? I'm assuming adjusting through employment should be easier? Have you received your EAD?

7 hours ago, Orangesapples said:

She's Chinese, China doesn't allow dual citizenship. I guess she doesn't want to lose her citizenship 

And getting a visa to China can be an annoying thing to do, especially if the nearest Chinese Consulate is not really that close by. In addition, once you gave up your citizenship, you'll be treated like a foreigner back in China, making everything more complicated. 

Update 7/3/2018

After waiting for more than 4 hours in the DMV today, I've finally received a temporary license, renewed and updated my driver's license (name change and Real ID), and updated my car title. I can't really blame the long wait since I didn't have an appointment and the staff who helped me was actually pretty nice and patient. (Lincoln Park DMV)

So I got into the waiting line around 7:30 outside DMV, the queue for people who don't have appointments. By 9:10, I've finally checked in and got a number. Headed to the window to complete the DL 44 form online. 10:50, finally it's my term to get my stuff done. By 11:40, I'm finally out of DMV. If you can make an appointment, please do.

Documents needed (applies to California Real ID only):

Social security card + receipt from the local social security office confirming name change

Expired Driver's license

Combo card

Proof of residency (I used a bank statement) https://www.dmv.ca.gov/portal/dmv/detail/dl/residency_requirement 

Marriage certificate

To change the name on your car title, just bring your car title.

DMV will provide you with a form called statement of facts as well. You have to sign and state that you're changing from name xxx to yyy.

2 hours ago, Anatti87 said:

can you share your timeline? if that's ok with you of course.

You can see that in my own post. I've have pretty much all details of my timeline so far.

I don't know how similar it is for San Diego office to process cases compared to Los Angeles. But feel free to take a look of my post. 

3 hours ago, SonaMartirosyan said:

Hi, I have a question. How did you expedite your EAD?

You can find pretty much anything you need for EAD expedite in the "EAD Expedite Timeline After Fax Request" post.

But in general, you make a call to USCIS, get a customer service representative, ask to file an expedition request and then pick a reason why you need it to be expedited. Once they review and accept the request, then USCIS either emails or mails you a notice asking for evidence (including evidence requested, the fax number, and fax details). Send in your evidence, wait for USCIS response (approved/denied/requested for more evidence). Once it's approved, you should receive your EAD/Combo card in a week or two.

Note that you can't make an expedition request before you complete your biometrics.

https://www.uscis.gov/forms/expedite-criteria

3 hours ago, britishandusa said:

How long in between did they receive your RFE to schedule for interview? They’ve received our RFE May 30th and to this day, still no answer back  

I'm waiting for my interview to be scheduled. I think it took about a month for the case status to change from RFE to ready to schedule.

6 minutes ago, Rittaaxx said:

 

Hi all,

 

Below is my timeline...I’m getting a little frustrated as some people seem to be getting “fingerprints received” notices and some people are not. I am one of the people who did not and have actually not got ANYTHING at all since my biometrics. Seems like it just stopped all together.  I wonder how much longer for our. EAD cards? 

 

Best of luck to all of you!

April 11,2018 sent out via FEDEX 

April 13,2018 it delivered 

April 20,2018 checks were cashed

April 22, 2018 E-mail/text messages 

April 27,2018 Biometrics appt letter 

May 11,2018 Biometrics completed 

 

I never received updates about fingerprints received. My case just went from "we mailed you a request for evidence" to  "ready to be scheduled for an interview". As long as you've completed your biometrics, you'll be fine.

I'm guessing your priority date is around April 15. My PD is April 2 and my I-485 has been showing "ready to be scheduled for an interview" since May 21st. Since I filed for EAD expedite requests on May 25th, I received my Combo card on June 30th.  Without expedition, your combo card (assuming you filed I765 and I131 concurrently) should arrive between mid August and early November if you're applying for your EAD thru adjustment of status.

The whole process is going to test your patience to the limit and beyond. I suggest you learn more about that from reading threads on the forum. 

1 hour ago, A&H2018 said:

Hopefully hes nearby! I got my production update too...how long from prod to delivered was it for you?

Me and the mailman are very good friends now hah. Told him any day he needs water or gatorade in the California sun let us know.

Approved/card in production 6/25, mailed 6/28, delivered 6/30. My attorney is like half an hour drive away from my home (hence the different zip code).

That's cool! Hopefully you will get yours soon!

Update 7/2/2018

My combo card was delivered to the attorney's office! So this morning I drove to the office and got my combo card, then went straight to the Social security office. I spent only about 30-40 minutes in the office, waiting and processing name changes. The office told me that the new card will be delivered in 2 weeks and I have a receipt in hand for that. In addition, she told me the name change update will be finalized probably tomorrow so DMV will be able to verify the new name and information. It's an easy process to update your name at the social security office. They'd even provide you with interpreters on the phone at the spot if needed.

List of documents provided for name change of Social security card:

Previously issued social security card (if any)

Combo card 

Marriage certificate

Social Security Application form 

https://www.ssa.gov/forms/ss-5.pdf

The receipt includes following contents:

Information of the local social security office you visited 

Date of the visit

Your full name and address

"This is a receipt to show that you applied for a social security card on MMDD, YYYY. You should have your card in about 2 weeks. Any document(s) you have submitted are being returned to you with this receipt."

"You can use your Social security card for work only if you have authorization from the Department of Homeland Security"

"If you do not receive your social security card within 2 weeks, please let us know. You may call, write, or visit any Social security office. If you visit an office, please bring this receipt with you. To protect your privacy, we will not disclose a social security number over the telephone."

"The Social Security Administration is required by law to limit replacement social security cards to three per year and ten per lifetime. Do not carry your social security card with you. Keep it in a safe location, not in your wallet."

Next step: 

I'm going to try my luck with DMV early morning tomorrow (Like I'll literally get there by 7 or something) since I don't have an appointment (I did make one 7/28...but I'd rather wait in line and get in done early). 

I'm heading to the Embassy on Thursday (Wednesday is the Fourth of July!) 

Once I've received updated social security card, driver's license and passport, I'll visit and call my banks to update my name on the bank accounts and credit cards.

On 7/1/2018 at 2:33 PM, A&H2018 said:

Yes Part 4 not 2.

On 7/1/2018 at 1:12 PM, simonvikih79 said:

If I were you I would call my lawyer and find out if he or she has received my EAD Card!

Thank goodness my combo card is with my attorney!

Thank you guys!

1 minute ago, simonvikih79 said:

If I were you I would call my lawyer and find out if he or she has received my Green Card!

I'll do that first thing on Monday morning. THx!

2 minutes ago, A&H2018 said:

If your lawyer checked off 2b on g-28, he would get it.

Hmm I checked USCIS website and it's possible that the attorney's office is receiving that. But my question remains: if I've received all receipts, including the approval notice, shouldn't USCIS mail the card to me instead of my attorney? 

But anyway, it's very likely that they did send it over there. I'll call the office first thing in the morning just to confirm. I'm really hoping I can sort this out asap.

https://www.uscis.gov/forms/filing-your-form-g-28

• Sign your Form G-28 with a pen. The most common mistake we see is that the form is not signed.
• When signing Part 4, remember to tell us your preferences for where you would like your notices and secure documents mailed (i.e. to you or to your attorney of record/accredited representative.)
• Submit the original Form G-28 with the original (“wet”) signature. We will not accept a scan or photocopy.

53 minutes ago, Aping27 said:

Its always busy, you wont get a fax tone, someone will just hang up, or the machine keeps on dialing the number and dont get any response at all. Yes I fax it during office hours. 

Then in that case, mailing your evidence will probably be the best way to get it done. Just follow up with customer service after the mail shows delivered.