Pengunista

1 hour ago, iamakbar said:

So we don’t buy a return flight until she arrives? I’m just wondering what our options are if we already have the return flight

Also, does she need to go back to the consulate or just arrive and talk to a CBP

It’s always good to have a return ticket, if she has a return ticket then I’m guessing it’s good for six months, meaning if she arrives this September her return ticket is dated for March of next year?  I’m asking because if the immigration officer asked her how long she is planning on staying and she says 6 months what reason would she give if the officer asked what will she be doing during those six months? 

Got the same thing when we got it in May 2019, I did bring with me the sealed I-693. 

19 hours ago, Waltersisulu said:

Wow this is serious bro I thought is just weeks bro 

I agree it takes a while.  I should know since I still haven’t receive my correct green card.  Last October I got my conditional green card with the wrong “resident since” date. So I sent my card back a long with I-90.  They got it October 14, 2019. End of November I did biometrics and until now, nothing. 

3 minutes ago, madala said:

Hi,

I am about to submit I-130 online for adjustment of status (already in the US, living with American citizen spouse). However, I am wondering when I should submit the I-485 forms, including travel doc and working permit. I wish to have them processed the fastest and efficient way. Any take on the steps of submission in this case?

I suggest you submit all of them together a long with the I-130. Don’t forget you need to submit I-130A also. 

How many times can I reschedule my biometrics? I already rescheduled once a week, I’m out of the country at the moment and won’t be back until the 26th and today my husband got my new biometrics appointment and it’s for the 25th. So can I still reschedule it and tell them I’m still out of the country and show them proof that I am out? This biometrics is for my green card correction. They put the wrong “resident since” date on my green card and I sent it back immediately.

6 hours ago, Soon To Be Mrs. T said:

I'm not OP but I would like to know if they would be required to pay the Adjustment of Status fee again if they have to refile.

 

Also, would having "photo evidence of everything in the packet" (as OP mentioned) help them plead their case? If not, what would?

 

It's scary to think that you can be denied just because USCIS lost your papers. I understand that this doesn't happen often but $1225 isn't a drop in the bucket either.

Yes, if someone refile they have to pay again. 

1 hour ago, carmel34 said:

What were the circumstances of your entry to the US and your AOS case?  It makes a difference as to the date you are considered to be an LPR.  See below from USCIS policy.  Some immigrants are considered to be LPRs before the actual date of AOS approval.  You don't have a timeline so it is difficult to know from your post.  If you are a normal K-1 or other typical AOS case then you are right.

2. Effective Date of Lawful Permanent Residence

A person is generally considered to be an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant enters and is admitted into the United States with an immigrant visa. ^[5] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application. ^[6] 

For certain classifications, however, the effective date of becoming an LPR may be a date that is earlier than the actual approval of the status (commonly referred to as a “rollback” date). For example, a person admitted under the Cuban Adjustment Act is generally an LPR as of the date of the person’s last arrival and admission into the United States or 30 months before the filing of the adjustment application, whichever is later. ^[7] A refugee is generally considered an LPR as of the date of entry into the United States. ^[8] A parolee granted adjustment of status pursuant to the Lautenberg Amendment is considered an LPR as of the date of parole into the United States. ^[9] In addition, USCIS generally considers an asylee’s date of admission as an LPR to be one year prior to the date of approval of the adjustment application. ^[10] 

I adjusted from F1 that overstayed. And I understand the policy you posted and was willing to listen to what the woman was saying but after showing her my I-797 for my I-485 and a copy of my green card, she still kept insisting that it’s right. Even after I told her that my husband and I’s interview for I-485 was just this past June. And that she kept insisting for me to just follow what’s on the expiration date of my green card as a guid to when I should file for I-751, the expiration date that she was talking about is 11/09/20. I even showed her that the date they put on the green card is the date the USCIS received my forms. But she said yeah it’s right, it’s the date they received it that should be on my green card. 

1 hour ago, Going through said:

Well...they are called the misinformation line for a reason.

 

Good that you went into that conversation well-informed.

Hehe yes, i have both I-797 for I-90 and I-485 and a photocopy of my green card. It’s just annoying that she kept insisting I follow the date on the green card with regards to removing my conditions down the line. I got lucky that I still have my EAD/AP card in my wallet. She even said that I made a mistake returning my card since the date is right.  😒🙄

2 hours ago, geowrian said:

Sorry for the troubles. You are correct and they were wrong.

Thanks. I was confident that I am right since, before I even sent back my green card, I posted a question here regarding my concerns and everyone that commented said it’s the date I got approved, which makes total sense to me. 

So, I went to a USCIS field office today to get a I-551 stamp.  Backstory: I got my conditional green card in the mail this past October 11, 2019. When I looked at the “resident since” date it say 11/09/18 with an expiration of 11/09/20. So I knew right away that it’s wrong and I even went here to double check it. So the next day I went and sent back the green card with I-90 form. So that’s that.

So today when I was called in to the window, the lady asked why I’m there, and I said I need the stamp.  She asked me why, so I explained to her what happened.  After looking at my I-797 for I-90 and my I-485 she was saying that the date on my resident since is right. And I said no, and she said that it’s right, the date they USCIS received it. So, just to make her understand that she is wrong, I told her, so if I’ve been a resident since 2018 how is it that I only got my card last month? Or better yet, I bust out my EAD/AP card saying, if I was a resident since 2018 who would they then issued me an employment authorization March of this year.  All she can say to me is, for me to follow what’s on the date of my green card when It’s time to file for I-751, and she said next year coz that’s what it says in my card. How can she say that when she knows that by me following that date on the wrong card would mess up my file and I’ll be blamed for it. Not that I would actually follow her bad advice but just irritating that someone who works there would tell me to follow the date on a card that has wrong information. I just need to vent out here.  I did get my stamp, a guy who also works there stop at the window I am and the lady asked him. And yes I was right. I asked the guy, if by any chance I’m wrong and that I didn’t know how this “resident since” date work. 

11 minutes ago, Zuri Sana said:

I am currently in the USA and the waiver is the unlawful presence waiver( I601A). I have never been in removal proceedings and my waiver can be approved anytime from now that's why I am curious.

And the lady I mentioned had overstayed for over seven years, unfortunately she hasn't responded to the questions I asked her.

Thanks

Are you planning on going home once the waiver gets approve? 

On 10/29/2019 at 4:35 PM, Zuri Sana said:

Hello! I follow different groups of both I 601A and I601 on Facebook.  I have noticed some people saying there is a huge chance of a denial at the embassy if you have overstayed a tourist visa. I was wondering if this has happened to many here after their I601A was approved.  Some say it is considered fraud if you have overstayed.  My spouse is a permanent resident and I am waiting for the waiver approval after overstaying for over 15 years.  My spouse has more years before naturalizing. However, there is a lady in one of the groups that was approved at her interview in Mexico who is married to a permanent resident. So it gives me hope but I would appreciate others experiences.  Both my husband and I are from the same country and he came as a student and got his green card through his current job.  

Was the lady who got approved overstayed also?

47 minutes ago, Eric&Mirella said:

I didn’t talk to a tier2 or made an infopass appointment. I locked out myself from  my uscis account and requested help to recover access but that’s all.  Thanks for the info 

Ok, so that might be what the call is for. 

33 minutes ago, Eric&Mirella said:

So, I requested an expedite this morning and during the afternoon I received 2 calls, number 2028382200. I didn’t answer immediately but I tried to return the call and there was a recording saying that I was called by uscis and that I’ll be called again in the next 24-48 hours. 
 

Does that usually happen? I’m worried that is something serious and didn’t answer when I could.  Or worse that is a scam and they probably get ahold of applicants phone numbers. 
 

Any information related to this is appreciated. 
 

ETA: I requested to reset my password 2 days ago so now I’m not sure 🤔 if it had to do with that. 

Yup that’s the USCIS callback number. Did you ask to speak to a tier 2 or made an infopass appointment? Not sure what other calls they might be doing but when I asked to speak to a tier 2 and when I made an infopass appointment that’s the number they use to call you back. Most costumer agent would inform of that number so you know ahead of time that it’s the USCIS calling.

17 minutes ago, Emily2015 said:

I have 2 questions.

 

1. We have not changed the passport name of my spouse yet once she came to the USA in K1 and after marriage. The passport is in her old maiden name. The Greencard will be stamped on this passport right? Will they stamp it immediately and give back the passport or do they take time? How long will she get her passport back after they confirm in the GC Interview?

 

2. Her date is on Nov 18th and we have a flight on Nov 20th to go to Arizona. She has no other identity proof other than the passport. Will she have a problem if they take the passport at the time of Interview?

 

Thanks and appreciate if anyone could respond quickly.

 

 

 

Not sure if everyone can get a stamp even if they say they will approve you after the interview. If you guys don’t get approve on the spot, then there is no way they will stamp her passport.

she can travel domestically with just her passport. 

1 hour ago, travel323 said:

Hi all,

 

So this might come off a little complicated so please bear with me...

 

I had my work visa expiring this year March 2, I applied for the extension before the due date however it still hasn't been adjudicated yet because they sent an RFE and I responded to it.  IF they respond and deny my visa, will my unlawful presence start MARCH 2 or from the date the denial letter is sent?  For example, IF the denial comes on November 5 2019, will the unlawful pres start Nov 5 or March 2?

 

Is there an office/phone number of uscis or DHS that can give me a concrete answer to this?

 

Thank you all!

Here is the USCIS number 1800 375-5283. If the person that answers your call doesn’t know the answer to your question or not sure, ask to speak to a tier 2 officer.

1 hour ago, geowrian said:

Medi-Cal for new immigrants is funded through the state, not federal funds (which is what is banned).

Okay that’s good to know! Thank you!

1 hour ago, geowrian said:

Medi-Cal? CA is one of the few states where he can get Medicaid as a new immigrant.

 

Let me ask you this - what was your plan for him to get health insurance before? That likely is the answer here, unless there was no plan.

So medi-cal is not considered welfare or public assistance? I was just wondering because my husband and I were looking into that before and we were not sure so he just went ahead and added me to his work healthcare. 

1 hour ago, argentina_usa said:

UPDATE: so I contacted a private company in Argentina that retrieves birth certificates and other things for foreigners. The estimated time is 20-30 days.

 

The question still stands... Should I send i-485 now before 90 days are up in a week or should I wait to have the birth certificate in hand before filing AOS given this new timeline?

 

Thanks for your advice!

I suggest you send it now. If you get an RFE it takes roughly 90 days for you to respond to the RFE. Make sure that you order or request that birth certificate right this minute also. Better get on with it just Incase there’s unforeseen issues that might come up. 

15 minutes ago, Juli. said:

Is a complicated situation. 

 

Just one question.

 

For his Visa interview they didn't ask for the Birth certificate?

 

I think they did ask during the interview and what they have was a copy and the embassy rejected it. And the OP told them that they will update them regarding the certified copy of the birth certificate but since they still issued the K1 visa, OP just didn’t bother with it

16 minutes ago, chentrick said:

I751  We currently have Washington state ID card and drivers license we moved to California this year will it matter if we continue to hold the Washington state ID and drivers license. 

If I’m not mistaken if you now resides in California, then you must have a California drivers license.  Not sure how long you are allowed to drive with an out of state drivers license before you have to change to a new one. I suggest you check California DMV.

22 minutes ago, JourneyAos said:

May I ask since we didnt meet the poverty guideline, do we need to update/fix the I-864 form with information like assets?

Thank you very much, truly appreciate your help here. 

Here is the thing, if you send in the most recent tax that you guys didn’t send the last time and possibly paystubs for the las 6 months would you guys qualify, along with your assets and all?
 

you said you guys didn’t meet the guideline during 2018, you said your husband was in between jobs. Is he working now? 

1 minute ago, JourneyAos said:

• Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year. The petitioning sponsor must submit all supporting documents tax documents for the most recent tax year.

 

· Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioning sponsor, the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines. Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a joint sponsor, you will need to:

-      Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present andof the latest edition date.

-      Provide the joint sponsor’s Social Security Number on Form I-864.

-      Provide a complete and correctly calculated household size on Form I-864.

-      Submit a complete copy of the joint sponsor’s Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.

-      Submit evidence of the joint sponsor’s status as a United States citizen.

Okay well, are you guys planning on getting a joint sponsor? If not then you don’t need to fill up a new form. But you need to send all the supporting tax documents they mentioned on the first part to prove to them that you meet the poverty guideline.  If you don’t mind me asking, do you guys meet the poverty guideline? 

27 minutes ago, JourneyAos said:

Hello Everyone, thanks in advance for whoever is gonna help me here.

Here is my case:

We submitted green card application in June, by the time my husband hadn't submitted his 2018 Tax return yet, he extended it until October. 

On our original I-864 form, for the "most recent tax year",  we only put down 2017,2016,2015.

No surprise we received a RFIE, after my husband submitted his tax return for 2018, we decided to use assets to make up for 2018 poverty guideline.

 

We prepared all the documents for the assets, but, here is the question:

Do we need to fill out a new I 864 form?

since we didn't put down 2018 in our original i 864, also we are using assets this time(we were not using assets in our original form because 2017 2016 2015 all met poverty guideline). 

My husband is strongly against filling out a new form, he thinks a new form will make the process go from the beginning and cause more trouble. yet I think it's the right thing to do. 

Thanks again everyone!!

Well what did the RFIE say? You don’t have to fill out a new I-864 unless the RFIE letter asked for it.

1 hour ago, Luckycuds said:

Can you clarify a bit- was your green card issued and the name was wrong?!

Yes it was issued and the “resident since” date was wrong so I sent it back to get it corrected. Not knowing that trying to schedule an I-551 is convoluted.  I have an international flight this coming 29th. I got my I-90 receipt number Wednesday the 23rd. I called right away to schedule an infopass not knowing that the person who answers your call is not the person that would make an appointment, they are the only one who would put a request for me to get a callback to make an appointment, callback time is between 48 to 72 hours.