wilkings0224

On 10/26/2021 at 2:29 PM, GinaCarterWebster said:

Question?

 

How is she working legally if there was never an EAD granted?  That is usually granted with the AOS- not before?  

 

My husband has been waiting at home for the AOS process approval- since we filed 485, 131, & 765 in 2/21 - we finally have an appointment with HS this week!

I summit I-765 with the I-485, the I-765 was approved on July and she got ther EAD and SSN,

by, the way, I just got the notice and case was denied, the letter said that we failed to marry within 90 days, if we don’t file a motion or take action, she will have to leave in 33 days, I’m getting a lawyer right now, we have a baby and I can’t be apart from both 😕😢

8 minutes ago, Crazy Cat said:

and her EAD will be voided, so she has to apply for a new one as @aaron2020 just stated. 

10 minutes ago, aaron2020 said:

She does not need to leave the US.  

 

You need to file the I-130, I-485, I-131, I-765, etc.  for her to adjust status in the US.  The I-130 provides the basis for her to adjust status since you married 90 days after she arrived on her K-1. 

Thanks for the info, that sucks, which means we have to wait the whole process again, and if her EAD will be voided, she will have to quit her job?

what will happen to her social security number? Will be voided too?

5 minutes ago, Crazy Cat said:

Did you file an I-130?   That is required if marrying after 90 days.    If you did not file an I-130, then there is no basis for the adjustment of status after 90 days.   The worst case scenario is to file again with an I-130......if they deny the adjustment.

If I have to file I-130 does she have to exit the USA to wait?

If so, I will be a mess, we have a 2 months daughter, I can’t imagine being without my wife and daughter for that time, especially when she is so little 😕

No, I filed I-485

My wife entered the USA on March 5th 2020 as my fiancé K1,

15 days later everything was closed in NY, and pretty much nationwide, city clerk was closed, we couldn’t go to get married anywhere, later NY was accepting virtual marriage through the “project Cupid”, when I made the appointment they only have available for almost 2 months after, August 8th, which is already past 90 days timeline, we got married on that day,  I called USCIS yo explain the situation, they subject me to file the AOS anyway, well I was worry but I did, yesterday was her interview, the officer told us that we got married after 90 days and that’s a problem, he couldn’t make a decision and the case must continue to see if there is a waiver, that we have to wait for a notice in the mail, I explained the reason why we got married late, it was out of our control, he agreed but same conclusion, 

also we have all in order, she is working paying taxes, never have an issue with the justice and we have a 2 months beautiful baby, I can’t believe we have to go through this for something we couldn’t prevented 😕

56 minutes ago, payxibka said:

How did you speak with said immigration officer?  I hope you didn't call the uscis misinformation line.  

Yes, I called the USCIS, they are not helpful...

10 minutes ago, rojasma said:

Yeah they said no plan had been set but they will have to be extended as it's  not our fault.  I spoke to a call center rep. and an officer.  I recommend to get your congressman  involved. Mine  is working with me to help. And that is your proof as well.  There are many in the same situation.   They gave me a reference  number for my  call.  

Thanks I will do that!

5 minutes ago, rojasma said:

I spoke to the immigration officer and they told me not to worry about it. That it will be extended.  I applied for a emergency marriage license request  and it was denied... also it is good to have a congressman looking/working for you. Look for you representative  website they usually have a link for help request for immigration.  Good luck  my fiance arrived March 19th and nothing yet. 

I just spoke to an USCIS Officer and explain to him my situation, he told me, they haven’t make any time extensions for the 90 days timeframe, but he also told that he understands that is not our fault and What I should do is send an email to them with the appointment that I already made for the marriage license so that I have proof that is not because I fail to meet the deadline.

7 minutes ago, rojasma said:

I am assuming that you are from washington heights  like I  was raised .. 

 

Here is the link

https://espaillat.house.gov/services/help-with-a-federal-agency

Hi there, I’m from the Bronx!

Hi everyone 

my fiancé enter the USA on March 5th,

we haven’t got married yet because everything is closed on NYC,

now on the city clerk website they put a project Cupid, which is letting people get their marriage license online, I managed to do that, but the closest appointment to sign the license online through a video chat with the clerk is by the end of July, which I choose,

my concern is that by then, the 90 days period would be ended, 
i don’t know what else to do, is not like is our fault no getting married on time, all our plans has been changed, at this point we just want to get married even with no celebration at all...

any advice pls, thank you.

27 minutes ago, carmel34 said:

There was a marriage in New York a couple of days ago in the street, it was broadcast all over national media.  So it can be done even with the virus lockdown.  Good luck!

 

https://www.nbcnews.com/news/us-news/love-time-coronavirus-new-york-city-couple-married-street-friend-n1166126

Thanks for the info, Amid the corona virus I’m not planing on doing a celebration, that can be done any other time when things get better, Don’t want to put family at risk, I just want to get married and the city clerk is CLOSED until further notice, so I can’t get married right now,

hopefully everything reopen soon before the 90 days period.

15 minutes ago, Paul & Mary said:

If you don't marry in the 90 days, you can marry after and file an I-130 with your AOS

Thanks for replying, If I’m not mistaking that means paying another application fee!

My Fiancé entered to the USA on March 5th,

she haven’t been able to apply for SSN, and getting married is on the unknown field since everything is closed,

 what might happens if the 90 days period ends and we can’t get married?

thanks

7 minutes ago, G Walters said:

yes it is best to wait for his info to  update in the save database. If they can not find his info they will have to hand verify and it will take a lot longer. We waited and did not have any issues.

 

Thanks, So, how long did you wait?

10 calendar days are fine?

Hi there,

my fiancé traveled to USA last Thursday March 5th, I saw somewhere I can’t remember, that is best to wait at least 10 days before applying for SSN, 

is this correct or can I go with her and do that anytime now?

thanks.

🥰😊

1 hour ago, Dataunavailable said:

Did they ask any questions or what did they need from you there?

They ask me a couple of questions,

why do we want to get marry in the USA,

for how long we know each other,

What we like to do together, where we go together, 

when we stay together, who cook,

and that was it! I respond to all the questions and she approved the visa!

i guess is just a requirement to be both at the interview.

10 hours ago, rojasma said:

My interview was the same day. I saw a young lady there with a little girl.  Did your partner had a little girl with her.   From what I could here on the questions asked the main one was " did you go on this dating app two weeks after breaking up with your boyfriend  too look for a man to go to the usa" she didnt answer,  the consular kept asking her the same question  really loud and everyone  was commenting  on it.  They sent her to wait.. we all assumed she didnt get it. 

My fiance visa  was approved.  Thank god

Hi there, since you got approved, pls let me know how fast she gets the passport with the visa! Thanks

1 minute ago, rojasma said:

My interview was the same day. I saw a young lady there with a little girl.  Did your partner had a little girl with her.   From what I could here on the questions asked the main one was " did you go on this dating app two weeks after breaking up with your boyfriend  too look for a man to go to the usa" she didnt answer,  the consular kept asking her the same question  really loud and everyone  was commenting  on it.  They sent her to wait.. we all assumed she didnt get it. 

My fiance visa  was approved.  Thank god

😅, no, that wasn’t her!

7 minutes ago, Maria002 said:

Maybe in  Dominican Republic they got   used to receive the visit of the petitionary  that they are requesting it  whenever they are not present. 😳

Yeah, must be a requirement over there, my fiancé told me that everybody was with their fiancé, I felt so bad😕

I just wanted to go with all my brothers and wives that loves her and after celebrating a couple of days over there, bring her with us!

might still the case if she got approved 🙏 

Just now I got an Email from support-ustraveldocs, 

yesterday I sent the letter to them and ask them what exactly they need me to send To them,

and They told me I just need to schedule another interview and be both present!

11 minutes ago, Unlockable said:

@wilkings0224

 

My apologies for being late to reply. I have experience with the Embassy in the D.R. 

 

I won't get on you too much about buying tickets before you got the visa because you now know how big of a mistake that was. It is the unofficial cardinal rule of immigration and VisaJourney... "don't purchase flights or make arrangements that can't be changed until visa is physically in your hands".

 

As for the 221G, it seems they want to validate your relationship. Although it is not a written rule for the Embassy in the DR, it is strongly suggested that for K1 visas, the petitioner attends the interview. But even outside of the DR, for any country, it is good for the petitioner to be with their loved one, at the least for moral support. If they are seeking a 2nd interview with you in attendance, make sure you are there overly prepared. Make sure you have tons of quality evidence to show them of your relationship. Leave them with no doubts in their minds.

 

Keep us updated.

 

If you have any questions, let me know.

Thanks for the info, Since I already have flight tickets for next month, I’ll schedule the interview for when I get there, and if they want evidence, I have more than what they need, but they didn’t even bother to take a look, since she got nervous as soon she got there 😕 (I should have been there) 

I’ll definitely comeback for updates 

2 minutes ago, Boiler said:

That is my assumption.

I will try to communicate with them tomorrow anyway, and ask them what they really need, if It is just another interview!

2 minutes ago, Boiler said:

It would appear to be a standard letter to cover a variety of situations.

Since they are suggesting a new interview with both to be present, I guess that’s all they are concerned about!

3 minutes ago, Ash. said:

What exactly is checked on the 221G? "Other documents" is too vague unless the Interviewing officer told her what those documents are.

The fact that they are giving a second chance interview is good, but I would seek clarification on what documents they want. 

The letter is in Spanish, but it clearly says “you need to drop-off at any MAILBOXES your passport with this letter and any required documents”

but it doesn’t says what documents, it doesn’t mention any besides the letter and passport!

also at the end says “we suggest that you and your petitioner attend together to a new interview, to schedule a new appointment go to .....”