JL & ML

Oh my goodness, thank you so much. So glad I asked! Perfect!

OK, so I did the online part. But my wife has to fill in a form and mail it in to USCIS?

Again, everything is basically done for us, I have my ten-year green card...

Hi,

I went online a few days after moving to change my address with USCIS (using my online USCIS account). It was pretty simple. I got an e-mail from USCIS-CaseStatus@dhs.gov saying that the request to change address was sent successfully.

Do I have to do anything else? There was also something about form AR-11. Do you know if that has to be mailed in, too?

Best regards and thank you.

Hi @Villanelle thanks again. Basing myself on what I disclosed on I-485, in spite of all this the officer still felt I had a chance and invited me to come back with a lawyer, otherwise he would have denied me right then and there. So that's the only thing that's making me hopeful (and it's the only chance I have, anyway).

30 minutes ago, Villanelle said:

If you are currently using I would suggest you stop as even if it is legal where you live it is still a problem for immigration as federally its illegal and immigration is under federal.

I stopped using in 2006 or 2007. I know it's hard for people to believe that people can change, but I truly did change, my life was transformed, call it what you will, but I'm not the person I used to be. There's no legal term for that maybe, but it's the truth.

30 minutes ago, Villanelle said:

But you want an attorney who knows the criminal system in Canada and how your offense should be viewed by USCIS. Make sure the attorney you choose is also familiar with the district you live in for immigration court purposes.  The US is divided into several circuit district courts and they don't always agree. If you are on a border of 2 districts most attorneys will be familiar with both.  

Duly noted!

30 minutes ago, Villanelle said:

There are also various policies about being underage as well as what can be described as a get out of jail free card for excusing certain minor offenses but I am not sure how that would apply here if it could at all. 

I am hoping this can be at least considered a factor. In Canada, under the Criminal Youth Justice Act,, *most* offenses, if any, are wiped from your slate once you turn eighteen. I just spoke again with the court today, located in Ontario, where I had my appearance, and in spite of all the information I provided them, they still couldn't find anything on me. Maybe it's just a paper file buried away somewhere and hard to find.

30 minutes ago, Villanelle said:

Scenario 3 is they decide your K was issued incorrectly. They can revoke the K approval.  Thats ok. Would suck big time but not the end of the world.  You would have to submit a 130/485 package immediately. You will lose your current work authorization and would have to wait for a new EAD to be issued. You can attempt to expedite the EAD.  Your attorney might be able to transfer the pending 485 to the newly filed 130 but to do so requires both sides to be active.  Meaning once the 129f approval is canceled you can't switch. So the 129f needs to still be active.  A 130 needs to be filed and be in active status.  A transfer request can be made and is almost always given as a courtesy but they are under no obligation to do such. Not all attorneys are familiar with such unless they specialize in removal proceedings or other complex issues.

Interesting, thank you.

30 minutes ago, Villanelle said:

That's why I suggested writing out everything you can remember being said in the interview. You may be interpreting what was said wrong,  hearing what you assumed or simply not able to read between the lines and decode what the Officer was trying to tell you 'off the record' about why you would want to bring an attorney with you.  I would also bring your spouse even if they don't specifically demand her to come if possible. They might not want to speak to her but it's better if she's there in case they do.

Helpful. I don't know why he would tell me to come back and bring an attorney unless he meant what he said. I mean, if USCIS has already decided to expel me from the U.S. for mistakes I made when I was a teenager, deemed serious in their eyes but committed by a person very different from the one I am today - I understand they're under no obligation to do anything and that my being here is a privilege, not a right; they have their own designations as to the seriousness of things, but again - if they deem these teenage mistakes of mine committed 15 to almost 20 years ago to be grounds for inadmissibility, and they've already made their decision about denying me permanency, then why not deny me immediately and order me to leave the country? It's a special form of malice to make your enemy think he has a chance, just to watch him struggle and squirm before you utterly annihilate him, and I don't suppose this to be their intention here. The officer looked me right in the eye and said, "Come back with a lawyer. I really recommend it." I have to take him at his word as it's all I have to go by, and that means if I bring a lawyer, I have a chance to stay in this country and not be indefinitely be separated from my new family and be the cause of years of emotional and financial hardship for them.

My wife wants to be there, too. She will come. We might even bring our two children, aged sixteen months and four months. And if I can bring character witnesses, I will definitely invite friends and family members, too.

14 hours ago, Ontarkie said:

Your court records still exist. The clerk only checked the online system and didn't want to go and dig through the big books. Your records are not digital and they would need to look through the books and find out where they are located and request that they are pulled. You will need to call the court house where you have your hearing and give the the closest dates you can remember for them to find them. 

Thanks, I just asked again today, my mom found all the old police documents from so long ago, I sent them to the court, they said they still didn't find anything; again, as you said it might be because they are not willing to rummage through paper files. At any rate, lawyer up! It will work out

Dear @Villanelle, thank you so much for your detailed and thorough reply! I apologize for the lack of clarity. We were hit by so many things at once - COVID first, which hit everyone and added unbelievable complexity to people's lives... plus two small children, job changes, and I'll spare you the rest, just ordinary setting up a new life in a new country with a new spouse.

Looking through the files I sent USCIS yesterday, I found some inconsistencies, which explains further their confusion (and also lends favour to the "use a lawyer from the start" argument). I almost thought it was a hopeless case yesterday, but I also know the USCIS officer at the interview has the authority to approve or deny the permanent residency on the spot, and so if he said come back for a second interview, indeed we are being given grace here.

Thank you for all the useful points, I they are all gold.

1 hour ago, Villanelle said:

So question 1- did you disclose at the medical the drug use? If so and your medical was approved it was determined you have no drug issue preventing you from receiving the visa. If you can't remember you can attempt to contact whoever did your medical. Im not sure if they would give you a copy of it but they may be able to give you information contained in it in some fashion.  If you didn't disclose the drug use in the medical that could be the issue now. 

I don't remember anything about drug use at the medical. Was there a questionnaire? Again, at any rate, it was so long ago, and so I know no traces were found. My medical went through without a hitch, and I didn't hide anything, I simply followed the instructions to a tee.

1 hour ago, Villanelle said:

Another thing that stands out in your post is how you said "I admitted to marijuana use and being arrested once for assault, all in my home country." It is not clear if you disclosed (admitted) to drug use or a drug charge/crime. You said you paid a 70$ fine which means criminal element was involved, different from admitting to simply using it. This could be the issue as well. 

Yes, we were so overwhelmed, not everything was as consistent as I thought, in spite of how thorough we were. Having a lawyer from the start would have helped us prepare better. 

1 hour ago, Villanelle said:

You also mentioned the last time you used marijuana was 2006 2007. That's not 20 years ago. You also said I have no drug related charges which umm isn't a ticket for 70$ a drug charge? It wasn't 70$ for littering because you tossed the stub on the floor when you were done right? 

Good catch. The arrest for assault and subsequent discharge was in 2004, so almost twenty years ago. Correct, marijuana use went on until 2006 or 2007. As regards the fine for smoking marijuana in a park, what I meant was that in U.S. parlance, it was considered an infraction in Canada's eyes, not a misdemeanor, since the only condition was the payment of the fine; no court appearance, no jail time, etc.

1 hour ago, Villanelle said:

They also may ask for an updated medical which you shouldn't have any issue getting. This is another cost to you though. 

No trouble at all.

1 hour ago, Villanelle said:

If you have to do the waiver it can take 6months to a year for it to be processed. The only good news is most likely you will be past 2 years of marriage by the time the GC is approved so no ROC. You will definitely spend more money on waiver fees then ROC would've cost but it does help offset the total cost. You also will have a longer wait for Naturalization as you need to be a GC holder for 3yrs and that clock doesn't start until the card is actually issued.  

Yes indeed; in fact we are already past the two-year mark for marriage/green card/ROC!

1 hour ago, Villanelle said:

You can use your states bar association website to find an attorney. You want one who is familiar with inadmissibility/waivers and Canada specifically. 

Thank you for this helpful reference - will look there today.

Thanks very much for your prompt reply.

3 hours ago, Boiler said:

It sounds like you have multiple issues, expunged suggests you were found guilty otherwise there would be nothing to expunge. Drugs is usually a big issue, depends on the details.

Yes, I'm sorry, I realize I used the wrong term, nothing was expunged; I believe the term in Canada was "unconditional discharge." Complete exoneration. Don't know what else to call it. It was so long ago.

3 hours ago, Boiler said:

Sounds like they did you a big favour with their suggestion.

I think so, too.

3 hours ago, Boiler said:

One thing that does confuse me is that you show K1 so how did this not all come up when you interviewed in Canada? Normally that is where you would have been asked to submit a waiver assuming your issues require one.

I was wondering the same thing. All this dates back to our I-129F three years ago. The lady at the K1 interview did bring it up briefly, but it was along the lines of, "So that past arrest, is everything cleared up there? It's all okay?" "Yes," I replied. "Oh, alright then," she said, smiling. That's about all I remember. That interview was very brief, and I got my K1 in the mail a few weeks later.

My understanding is that they want to be satisfied that I am not a drug user. The officer this past Thursday mentioned something about a sworn statement at my next interview in a month or two. The last time I smoked marijuana was in 2006 or 2007. I have never had any drug-related charges. My past arrest was related to a brawl I got into, and again, those charges were withdrawn, I was exonerated, discharged, whatever you want to call it. I went to that courthouse in person in 2019, and I and called them, too. I asked if they had anything on me. Each time I inquired, they found nothing. ALl this was all before I turned eighteen years old, almost twenty years ago. But as to the marijuana use, all I ever got was a ticket when I was about 16 years old for smoking it, a $70 ticket that I paid.

Therefore, I think USCIS will want a sworn statement that I am not a drug user nor have been for a very long time. I hope the help of a lawyer will make a difference, and that it's not just a lost cause, that they haven't already made up their minds about me and are just not telling me. That's why I'm wondering if anyone else has been through something similar before, regarding criminal charges long past that have either been withdrawn or pardoned, or anything of the kind, and if it's still possible to immigrate.

Hello,

My wife and I were hit hard by a big surprise: we went to the AOS interview this past Thursday (May 5) only to be told, at the outset, that I would have to come back, alone, in a month or two for a second interview regarding my criminal history. The officer strongly recommended "off the record" that I come with an attorney. This would be the first time we'd be using the services of a lawyer in this entire process. It's related to some of the questions I answered (truthfully and honestly) on I-129 three years ago. I admitted to marijuana use and being arrested once for assault, all in my home country. This was in my teenage years, almost twenty years ago. The assault charges were completely expunged, and all I got for marijuana use was a $70 ticket on one occasion. All this was before my eighteenth birthday, and in Canada, under the Youth Criminal Justice Act, such "summary offenses" (misdemeanors) are wiped from your slate once you turn eighteen.

The USCIS officer was satisfied that we had a bona fide marriage and told my wife she would not need to come back a second time. In other words, next time it would need only be myself and an attorney. They are going to seek grounds of inadmissibility based on these things I did as a teenager. (I have no criminal record and have undergone five or six background checks in the past few years, both for employment and immigration purposes.) The officer led me to understand that they actively seeking a reason to throw me out, and so I will definitely need legal assistance.

I have come to understand that I will need to obtain what's called a waiver of inadmissibility. But apparently this waiver is very hard to obtain. I will be hiring a lawyer in any case, but my question on this forum is the following: have any of you had such experiences before? I did not know this would become an issue only now, so close to the end of the process. I would have expected them to have raised the issue earlier. For those of you who have had such experiences or know of others who have had them, do you think I stand a chance, provided I adequately prepare my case with an attorney and he/she come with me to the second interview? I have also heard they weigh the pros and cons of denying me entry. We have two small children and my wife just quit her job to be home with the kids. My deportation would impose years of severe emotional and economic hardship on my family.

Note: I understand none of this constitutes legal advice; I'm just asking if anyone else had been through something similar.

Thank you very much.

9 hours ago, mochiswan said:

I693 is not needed in your case since you filed aos within a year of the medical and unless you received a letter from uscis specifically asking for it. I didn't even bother bringing the form and they didn't ask me for it

Excellent. Useful to know!

9 hours ago, mochiswan said:

Proof of status - I had all the uscis letters they sent me since starting the aos, so noas and biometric letter. It proves you have pending aos. Can have a copy of your i94 and photocopy of the page of your visa and the stamp on your entry too. 

Great! Figured - just all documentation from the start of the process (after crossing the border) up to now. Better too much documentation than too little.

9 hours ago, mochiswan said:

Birth certificate - I think since you got the rfe for long form, they will be asking for that one specifically (should bring the short one too in case though) . I was asked my certificate,  but the officer only glanced at it and gave it back right away. My thoughts would be to get another certified copy for yourself for future records (never know when you might need it) and bring it along with a photocopy to the interview.

Based on the very many useful blog posts here on VisaJourney, we opted not to use the services of a lawyer (and we have not since this all began in May 2019 - except $200 for an hour-long interview at the very beginning, getting general advice - after which we felt that using a lawyer was no guarantee of success but that it would cost us several thousand dollars). We prepared the ####### out of the K-1 interview in Montreal. We got so much documentation together, and I went into it super confident. In the end, they asked for maybe 30% of everything we prepared (again, all our preparation was based on blog posts on this website and this website's guides). It was a bit of a disappointment that we had worked so much to prepare stuff they didn't even look at, but looking back now, it's better to overprepare than the opposite.

They may be fine with the short-form birth certificate, but I'll go ahead and pay the 75 CAD for a rush certified copy of the long-form birth certificate - what the hey. Small price to pay for peace of mind. And as as you say, it could come in handy in the future. I'll have the certified copy and a photocopy of that. (They said on the interview notice to bring originals and copies, so that they may keep the copies.)

Thanks for your helpful insight!

Hi there,

Anyone willing to confirm our correct understanding here? AOS interview coming up!

I-693: I filed this as part of the K-1 visa process. Got the medical exam and updated shots in October 2019, in Canada; applied for AOS from here in Michigan in May 2020, so well within one year. As per the I-693 instructions, FAQ no. 3, under such conditions it would appear a new medical exam is not required. I will still be bringing the DS 3025 from the doctor. Do I still need to fill out an I-693 and just leave the doctor's section blank?

Proof of Status as a fiancé nonimmigrant: (under "Documentation establishing eligibility for Lawful Permanent Resident Status) - what could this be? Some NOAs from USCIS, the original K-1 application? Asking because they ask for marriage certificates, babies' birth certificates, etc., on a separate line.

Birth certificate: I plan on bringing an original and a copy of my simple birth certificate. I got an RFE after applying for AOS in May of 2020 stating I needed the "long form" birth certificate since it mentioned my parents' names. I obtained a certified copy from Ontario and mailed it directly to USCIS. I have a digital copy of it. I can also request a rush copy from the government of Ontario to obtain another certified copy, but that'd be pricey... in other words, I currently have a digital copy of the long form and the original plus a copy of the short form.

I think that was about it... if anyone is willing to chime in, thanks a million!

1 minute ago, mam521 said:

10 year greencard.  If it shows up as a 2 year (it shouldn't...the interview being 3 weeks past your 2yr anniversary), just file an I-90 and have it fixed.  

 

Congrats on the interview!  Enjoy construction central Montreal!

Gosh I miss Montreal  

Hi there,

We have an AOS interview coming up. The date slated for the interview is exactly one day before the two-year anniversary of USCIS receiving our AOS application back in 2020, as shown on the I-797. But the interview date is two years and three weeks after our marriage date itself. Assuming I'm approved for permanent residency following the interview, would they grant me a two-year (conditional) PR or a ten-year one? Does the two-year ticker start from the date of your marriage or from the official date USCIS receives your AOS application?

Thanks a million!

54 minutes ago, Mike E said:

As a Canadian K-1 petitioner, I was required to produce my naturalization certificate. My IO was not interested in my Canadian birth certificate (which I did bring because the letter demanded it.  I knew the letter was likely not asking for the correct thing.).  
 

Still I’ve seen cases whether the K-1 petitioner at an I-485 interview was asked for both foreign birth certificate and CRBA/naturalization certificate/citizenship certificate as appropriate. 
 

I think she will be fine with her wallet sized provincial birth certificate but hopefully she has her CRBA/naturalization certificate/citizenship certificate

My wife is the U.S. citizen (my original K-1 sponsor). She needs to bring her U.S. birth certificate to the interview as proof of citizenship. (Or, as Loren Y just said, another form of I.D. will do.)

I have all my required Canadian identity documentation.

18 minutes ago, Loren Y said:

If she has a US passport, That is an alternate way to prove citizenship if asked. At my wife and I AOS interview, they didn't ask for birth certificates at all. Just our state ID cards.

O.K., perfect. Definitely need to replace birth certificate but good to know it's not so much of a rush! Don't think we'd be able to do so on time for the interview, in any case.

Hi all,

We've just been invited to the AOS interview, coming up in less than a month. The notice says my spouse (initial sponsor) is also required to bring her birth certificate. We have the very inconvenient realization that that document seems to have been lost. (That's another problem we will need to fix.) But for the purposes of the interview, my wife has a miniature wallet version of her birth certificate. Would USCIS authorities accept that? Or should we make an expedited request to have the long/large form birth certificate replaced ASAP for the interview?

We have all other required documentation, I don't think we'd have any doubt showing that my wife is a U.S. citizen born and raised here.

Just got the notice in the mail today - AOS interview on Thursday, May 5, 2022! Almost two years to the day after applying for AOS and close to three years since we initiated the K-1 process in late May 2019.

13 hours ago, K1visaHopeful said:

We you outside of normal processing times when you placed an online "enquiry about biometrics"?

(The system would not have let you unless you were).

How did you specify that you were enquiring about biometrics.....

This is the image I found in my files after I filed the request for an update a second time just a little while back (after which I was told my interview had been scheduled). This is the request that presumably led to their scheduling me a biometrics appointment.

I don't remember exactly, but I know I used this link here: https://egov.uscis.gov/e-request/displayNDNForm.do?entryPoint=init&sroPageType=ndn

And there was an option to give a short explanation as to the reason for my inquiry.

I had heard that between applying for AOS and getting invited to biometrics, the waiting period was a few months - though I can't remember if it was really long between application and biometrics, or between biometrics and interview. At any rate, following this request for an update, my initial biometrics appointment was set for Dec. 24, 2020, and rescheduled after the President decreed Christmas Eve to be a national holiday.

13 hours ago, Family said:

Your reasons are perfectly valid and a reschedule request will be granted as they involve previously made commitments related to travel/school/ work. If you cannot reach an agent, you can also write a”Request To Reschedule “ to the Field Office Director ( address on the Interview Letter) . Send it by certified mail. 
After that you just wait . 
 

An acquaintance called in to reschedule an interview set for Dec 14, 2021 ( he returned from travel and was not feeling well), they rescheduled him for Jan 12 , 2022. For valid reasons he had to request another reschedule and is still waiting. 

This is very helpful. I'll be booking my flights, then!

Best regards to you!

Different opinions have been given on this website as to rescheduling your interview. One couple had a trip to Central America planned for their anniversary, and their interview was scheduled right on their departure date. Many people had said, "Not a legitimate reason, don't even bother," since it was a leisure trip (albeit whose cancellation would have incurred heavy financial losses). But they were able to visit a USCIS office in person, and on the contrary, the agent told them it was a very legitimate reason, and the interview was rescheduled. That was back in 2009.

My question is the following: I've just found out that an interview has been scheduled for me (as of April 4) - extremely grateful for this, can't believe it's finally here! - and I've also some major upcoming dates for non-negotiable exams over the coming months (at least or three or four very inflexible dates that involve travel to different states and that are necessary for my career). Cancelling or postponing these could set me back six to twelve months. Though it's unlikely the AOS interview date should fall exactly on the same day as one of these exams, at the same time, if it did it'd be a very hard choice to make. But given that I already have an EAD that's valid for another two years, and I don't plan on leaving the U.S. anytime soon, I could afford to defer the AOS interview. That said, how easy is it to reach a USCIS agent these days? Should I even bother trying to reschedule if it came to that?

If it's impossible to reschedule the interview and it falls on a major, non-negotiable date, I'll go to the interview, of course, and take the hit - though it would be a major one. Just wondering what my options are and how much wiggle room I have, given the difficulty in reaching a live human being at USCIS who can help you outside the scheduled mailings and hard dates they give.

We recently used the USCIS.gov "Case Inquiry" option (Case outside normal processing time) regarding AOS. We filed for my AOS in May of 2020, had the biometrics appointment in February 2021, and nothing had happened since then. About a month or two after using the "Case Inquiry" option on USCIS, I checked my USCIS online profile and saw that my case was ready to be scheduled for an interview. A little over a week later, it said an interview had been scheduled (as of April 4) and they would be mailing me a notice.

I bring this up here because I realize now that I used the exact same "Case Inquiry" function to ask about my biometrics appointment back in late November 2020. From May to November 2020, I received no update on my case; shortly after making a formal inquiry, I was invited to the biometrics appointment (rescheduled twice for reasons too complicated to get into here). In any case, it seems now that the "Case Inquiry" is a gentle way to poke and prod about the status of your application, and in our case it seems to have worked.

Unless it's entirely a coincidence!

On 8/5/2021 at 11:39 PM, nykolos said:

Many other countries mandate that you be vaccinated as well, they do it to allow tourism to resume..  IMO, we should have done this months ago, so what if it's an experimental vaccine,  nobody is putting a gun to your head to take it, you just wont have the same freedoms as the vaccinated, You want to come to the US? take the vaccine or stay home.. I'd go a step further by applying the mandate to all forms of public transportation.

This argument seems to be that of most mainstream media outlets in most of the Western world, and I find it quite disingenuous - "no one's forcing you to take the vaccine... but, by the way, if you refuse to take it, life will be almost impossibly difficult for you, compared to those who just take the jab no questions asked." Yeah, no one's holding a gun to your head or forcibly injecting you with anything, but the people pushing these mandates are not indifferent to your choice, either. And if the vaccine is so effective you have to be de facto forced to take it, against a virus so dangerous that in most cases you need to take a test to know if you even have it, well, doesn't sound like health to me. Sounds like a power trip.

If those pushing for mandates genuinely cared about the "health and safety" of "anti-vaxxers," the discourse would be less... menacing ("take the vaccine or else"). It would be more pleading... "Please, don't die, get vaccinated." And if some have misgivings, it would be "That's okay, it's normal to have questions, here are the facts" (NOT just appeals to authority but actual statistics). That is not the approach I have been seeing.

Hello,

We have just received the EAD (filed for AOS a year ago, after marriage under the terms of the K-1 visa), for which we are very grateful. My question is to what extent, if at all, employment/work history is taken into account during the Green Card interview. I am a language interpreter/translator and have been doing much to establish my business in the U.S. and be able to hit the ground running when work authorization comes. But now that it's here, many things remain to be done. I don't expect my income to suddenly shoot up. (Those who are private contractors or have a business of their own understand this - all these things take time.) Supposing a Green Card interview were to take place a year or two from now, do you think I might get questions the likes of "Well, you've had work authorization for over xyz amount of time now, and why are making so little money?"

Or is this simply irrelevant, since the whole immigration process is based on marriage, not on work? (I wonder about this only because of how much emphasis, and rightly so, is placed on contributing to the U.S. economy rather than being a drain on it.)

12 hours ago, Lisa Pr said:

Honestly it seems to be very different from one case to another and I don't think it's truly possible to predict how long it's going to take..
Personally we filed for AOS in June , had biometrics done in December , still no sign of my EAD but I have my GC interview next week .. so I gave up on the EAD at this point 

Oh my goodness; félicitations.

Good to know that that's a possibility as well.

Bon courage pour l'entretien de résidence permanente!

3 hours ago, Lucky Cat said:

90 days for an EAD?  I thought the average is now at least twice that.

Didn't know, just a quick overview of the forums revealed as much (and this under normal circumstances)

Hello,

A quick overview of the forums indicate that under normal circumstances, wait times for EADs while AOS is pending can vary widely. Many have said around ninety days, whereas AOS can take four to six months.

I also saw somewhere that biometrics should normally be thirty to forty days after filing for AOS/EAD. We filed back in May 2020, and biometrics is now Feb. 12, 2021, for me, so approximately nine months (unless they reschedule it again!). There's no indication, then, that our case will be adjudicated anytime soon. I've accepted the fact that AOS will likely take years at this point, on account of the man-made crisis that came up last year, but I have hopes that EAD could come soon after biometrics, since that seems to be what happens based on what people have been saying.

Many job offers of late, and having to turn each one of them down for lack of work authorization, is my reason for looking into this. I know the standard response in the throes of the coronavirus is, "Impossible to predict," but in people's experience overall, if you encountered AOS delays, did at least your EAD follow your biometrics soon after?

Thank you!