accumbyte

36 minutes ago, Northerndynasty said:

These matters are EXTREMELY important, and treating some applicants as a "luck of the draw" in how quickly they are processed, is not how you deal with people's livelihoods.

A major factor is the local field office processing times. For example, my father's AOS (I'm his I-130 petitioner for his immediate relative GC) is pending for 16 months. But we live in the slow San Francisco field office area. Below are his timelines:

AOS

Date Filed: 2017-12-06

NOA Date: 2017-12-08

Bio. Appt.: 2017-12-26

RFE(s): 2018-01-05

"Case ready to be scheduled for interview" since 2018-06-22. Nothing new since.

EAD/AP Combo Card #1

Approved Date: 2018-06-05

Date Card Received: 2018-06-13

Since the card expires on 2019-06-05 he has filed a renewal. Only the EAD part was auto-extended for 180 days after that date.

EAD/AP Combo Card #2

NOA Date: 2019-01-02

Still pending. Both I-765 and I-131 say "Case was received"

And he also frequently gets those same annoying "We are still reviewing your case and there are no updates at this time" emails.

54 minutes ago, mymarriagejourney said:

And, yes, get your medical done and send it in with your package.

Depending on the field office processing times it might be better not to do the medical now.

@janinemd, you can do the medical when you receive the interview notice: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html See table titled "Form I-693 Submitted to USCIS On or After November 1, 2018" and the info right below it.

3 hours ago, Weston said:

There is another way that it's applying a k3 visa.

2 hours ago, joshm608 said:

That is what the attorney said, that the k3 was the fast track way to get it from the Philippines. But your saying the k3 is not being used now?

Although the K-3 is still mentioned in current US law, it's basically obsolete. Below are the number of K-3 visas issued worldwide per fiscal year; https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf:

• 2018: 6 visas
• 2017: 15 visas
• 2016: 102 visas
• 2015: 182 visas
• 2014: 392 visas
• 2013: 144 visas

Probably near 0 K-3 visas will be issued in fiscal year 2019.

9 minutes ago, LisaLisa said:

It is not illegal it is just unethical. The reason immigrants have a bad name kind of deal.

What's wrong with marrying in the US and leaving right after? If a B-1/B-2 applicant informs the Consular Officer (CO) about this and has convincing supporting evidence of their commitments that compel them to leave the US, then the CO will most likely approve the B-1/B-2.

56 minutes ago, LisaLisa said:

It is unethical and they know you came here with your B2 to get married.

It's neither unethical nor illegal to have preconceived intent at POE to marry with a B-1/B-2 (or VWP); some people even legally start the CR-1 process this way by leaving the US after marriage:

It always is illegal to have preconceived intent at POE to either AOS or overstay with a B-1/B-2 (or VWP).

12 hours ago, hamont said:

However the one you mention is also a bit misleading since the form hasn't been submitted at all?

Read right below that table:

Quote

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

You'll submit it at the interview. The civil surgeon signed it after AOS was filed, thus it's valid until March 2020.

2 hours ago, beback said:

How to apply dual citizen? 

Where do you live?

42 minutes ago, beback said:

Where to report my marriage? 

Where did you marry?

Here is the embassy and consulate map:

15 minutes ago, HaruBK said:

In all forms to USCIS (I-485, 131, 765) do we use the married last name?

Yes, use married name.

15 minutes ago, HaruBK said:

Can she request to change last name to married name for SSN card at SSA?  Without waiting for NOA for I-485?

SSA lady is correct. Wait until she receives either the EAD or GC with married name.

15 minutes ago, HaruBK said:

Can she apply for driver's license with married last name at secretary of state?

No. She can apply with the maiden name now. When she gets either the EAD or GC and SSA has the married name she can change the license to married name.

On 3/26/2019 at 5:16 PM, SBLEE said:

Our cards have UK billing addresses so wondering if this isn't an option?

It should work. Below is a thread about being able to use G-1450 in London:

Maybe they were able to input an UK address with a PDF editor: https://www.pdfescape.com/open/

This link has some info: https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/leaving-canada-emigrants.html#dyft

1 hour ago, SusieQQQ said:

Why take the risk ?? Imo, again, safest route is to leave and then return for the graduation.

 

Yes she may be ok with the i539 - or she may effectively find she never visits the US again (dunno how old granny is). I know what I would advise my own granny to do.

^^This 100%

Also, granny can leave now and use the visa-free travel perk (about 20 additional countries depending on her passport) if she wants and has access to the finances, and then try to return for the graduation: https://www.visatraveler.com/blog/travel-20-countries-visa-free-with-us-visa/

2 minutes ago, AskQuestion said:

That sounds bad. What consequences? I read that if they deny after i94 then we have short time to leave but no consequences.

The tourist visa (or VWP) could be revoked. Thus, no future tourist visits. Better play it safe.

8 minutes ago, missileman said:

I vote leave before the I-94 expires.......

^^This. If she is capable of leaving the country* she should leave. OP, why was the I-539 filed?

*Note: if she doesn't live in either Mexico, Canada, or the Caribbean she should leave the whole continent of North America. Better safe than sorry.

19 minutes ago, aaron2020 said:

He can apply and waste $ and time, but the end result is NO AP that would would useful since it would expire when the I-94 expires and is unlikely to be adjudicated by the time the I-94 expires.

Not to be pedantic but it seems posters in this thread are mixing up the I-131 and I-765 instructions:

• In theory, an EAD can be approved for a K-1 that expires when the I-94 expires.
• One must be an AOS applicant, TPS beneficiary, etc to apply for AP. Even in theory, an AP cannot be approved for a K-1 that expires when the I-94 expires.

To put it bluntly, @Loren Y, to tell someone they can, even if in theory, is wrong information.

4 hours ago, Farrukh Baig said:

Maybe I was unable to get it out myself but the available information only tells you that you need EAD and or GC to work if you are immigrating.

The I-9 form says I-551, EAD, etc.

I-551 = Green Card Document. Your CBP endosered immigrant visa is an I-551 document; https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs:

You can work, travel, etc. right after US entry.

8 hours ago, Shiran said:

while in reality, if I interpreted it right even though they refiled I-485, it was not needed, as their original one was still "alive" and USCIS officer "resolved" the issue by literally stapling 2 files together.

Seems the OP of that thread conceded that it was better to refile than not:

11 hours ago, Loren Y said:

You only need to be in the US, have government photo ID ( passport) and a I94

Did you read the section? There are select categories of people (i.e. AOS applicants, TPS beneficiaries, etc.) that can apply for advance parole. "You only need to be in the US, have government photo ID ( passport) and a I94" is flat-out incorrect.

3 hours ago, Loren Y said:

OP asked if it was possible to apply for AP before the AOS.

Not possible at all. Best case scenario USCIS would cancel that AP application and not cash the check. Read the I-131 instructions pages 4 and 5: https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf The "Advance Parole Document for Individuals Who Are Currently in the United States" section to be exact.

On 3/29/2019 at 12:05 PM, janielee said:

Would you mind to share your timeline? I filled for my mom on November 29, 2018 and have not heard anything yet (except the case received notice). Thank you!

Since all immedate relative petitions have similar processing times and I couldn't find a thread for October or November, below is the September 2018 thread for spouses:

As you can see just some September I-130 petitions have been approved so far. Thus it's very normal that your November petition for your mom is still processing. Keep an eye on the thread above.

On 3/30/2019 at 10:53 AM, hamont said:

It seems to me that my case belongs to the third row starting from the top, and should therefore be valid for 2 years. I've just received a notification that my interview had been scheduled and I would rather play it safe though.

So you haven't submitted Form I-693 to USCIS yet? If you haven't then that table does not apply to you. Look at the other table, "Form I-693 Submitted to USCIS On or After November 1, 2018". Based on the other table you are good.

26 minutes ago, H&T said:

From B2 to AOS is not a proper way, and most members will say it's fraud. You go back home, your USC spouse file I-130 and get an interview oversea.

Not fraud if they didn't have preconceived intent to AOS: https://citizenpath.com/faq/preconceived-intent-adjust-status/

On 3/18/2019 at 6:53 PM, gb6435 said:

We had to pay a $200 fee that you can either pay when you arrive to US or prepay online.

It's the $220 USCIS Immigrant Fee. It can be paid online with credit card: https://my.uscis.gov/uscis-immigrant-fee/

On 3/19/2019 at 3:31 PM, Junior11 said:

Was it $200 each, or $200 for two of them?

It's $220 per person.

On 3/29/2019 at 4:49 PM, Victoria Andes said:

Yes, I am the American living in Canada, we visit Washington state often through nexus. My husband is Canadian. And we have been married for almost three years.

Also, your husband will interview in Montreal: https://ca.usembassy.gov/visas/family-immigration/ This is all assuming he doesn't have Native Indian privileges: https://ca.usembassy.gov/visas/first-nations-and-native-americans/

50 minutes ago, accumbyte said:

If only the OP picks up the child, then the child would need Department of Social Welfare and Development travel clearance: https://rapidvisa.com/taking-fiances-spouses-children-philippines/

The child would also need a document from the Commission of Filipinos Overseas: https://cfo.gov.ph/rnr-pdos.html Minors aged 12 and below are exempted from attending the PDOS/Peer Session but still need to register personally or by proxy. The Peer Counseling Program is for children aged 13-19 years old.

17 hours ago, TCastillo118 said:

OR if you marry there first, you can do the K3 visa and she can come here and wait for the GC. The K3 visa is the spouse version of the fiance visa and its generally faster.

Although the K-3 is still mentioned in current US law, it's basically obsolete. Below are the number of K-3 visas issued worldwide per fiscal year; https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf:

• 2018: 6 visas
• 2017: 15 visas
• 2016: 102 visas
• 2015: 182 visas
• 2014: 392 visas
• 2013: 144 visas

Probably near 0 K-3 visas will be issued in fiscal year 2019.