Dazz

My I-765 was approved yesterday, after 200 days of waiting and 2 service requests! Keep faith if you havent gotten yours yet, my case is complicated as hell and I got mine.

Filed i130+485+765 March 28

I485 Ready to schedule interview Sept 5

I765 card in production October 15

Hope SSN comes quick so I can start working asap!

Does anyone know how well case inquiries are going for the I-765? Filed mine on the 9th and have an expected reply date of October 1st. What exactly are their options for reply? My underlying i-485 just turned ready for interview a week or two ago so I am worried that may cause an issue as well. I want to go start applying for jobs right now but I dont want to get the big middle finger from USCIS again on the 1st...

I am also a concurrent i-130 and i-485 filer, not k-1, if it matters.

After 162 days of waiting, my first real update (if you can call it that): I-485 Ready to be scheduled for interview! My local office is Seattle so I have another 9-25 month wait ahead for that but I'm hoping it means my EAD is on someone's desk right now!!

I am a concurrent I-130 + I-485 filer so that may be why it took so long.

5 hours ago, Gigi2017 said:

It was delivered to someone else.

Astounding. Good to know that USPS won't forward government documents, but they will just stick them in the wrong mailbox.

Oh boy I must be blind. If a mod wants to delete this and hide my shame that would be lovely.

Haven't seen anyone post about this yet. USCIS just announced 9 hours ago they will be redistributing cases from high load field offices to low load field offices that are not local. No information on exactly how far away they can be, or exactly how much this is supposed to speed up processing times. If anyone has more info it would be appreciated! 

Link: https://www.uscis.gov/news/alerts/uscis-aims-decrease-processing-times-n-400-and-i-485

5 hours ago, my&aaron said:

Do you think they will let me do it without the notice? I will try tomorrow anyway.

They won't even let you in the front door without an appointment letter. They also need the barcodes on the letter you will get to be able to scan and do your biometrics. If it's any consolation, as far as I know, biometrics don't affect your processing time. You should get your EAD/AP at the same time you would have if you went on the 3rd for bio.

I could be wrong about that, but I've seen a couple cases where people have gotten their benefits before the biometrics date, so I'm assuming it's not needed to continue processing.

@justlove I HIGHLY recommend going to the SS office and getting your card now while you are still in K-1 status. You will be waiting a looooong time for your SSN otherwise. It's extremely important to have one if you want to rent an apartment, get a bank account, buy a car, get a drivers license, pretty much everything.

On 5/12/2019 at 9:36 AM, j.b. said:

hey guys I received my biometric appointment this coming may 23 and im planning to do a walk in. my field office is in seattle

If you walk in do it early in the week and early in the day. I did my walk-in at the end of the day on a Friday and they were not amused. I was initially told by them that they do not allow walk ins aside from Monday and Tuesday.

Edit: wow I should have read your next post. I see you already went. Glad it went well!

6 minutes ago, Shiran said:

I can tell you that we did walkin on 4/15 for biometrics scheduled for 4/26, and status never changed for us from "Biometrics fee received" until May 8 when it went directly to Case is ready to be scheduled for interview. Never any other updates in the middle. I did call them at some point and spoke with Tier 1, explicitly  complaining "Why is our case not getting updated?" She was able to verbally confirm they received biometrics on 4/16, but could not see anything else. She said she would "make a note about my complaint" I have no idea if that had any impact or not. I was very relieved to see it change though. 

Thank you, I've been considering giving them a call and I think I'm going to do it on Monday. Hopefully it'll make a difference. My main concern with that is that they wouldn't be working on the EAD without completing the bio review, which would obviously be tragic. 

On 5/9/2019 at 2:49 PM, sgprecision said:

My wife had her biometrics done on 4/25. It's been two weeks, and I still have no updates on the website or texts, no RFE's yet. I believe my local field office is San Bernardino, CA. 

I'm in the same boat. Had bio scheduled for 4/21, did early walk in 4/19. Seattle WA local office. No update whatsoever on any of my case statuses, all still "received" or "fingerprint fee received". I fantasize about having the EAD just show up in my mail one day like @Aa & Jj said. Does anyone have an idea of how long biometrics are actually supposed to take to process?

5 minutes ago, Joan58 said:

Maybe this "discussion" between these 2 parties can be done in messages because it's turning this thread into a "peeing match". I would unfollow but I am wanting be updated on AOS files for April. Thanks y'all.

"Discussion" is over, I apologize for the wall of posts. It's hard not to give in to trolls when it's someone's future at stake.

2 minutes ago, treppenwitz said:

sharing professional knowledge = trolling

[sarcasm]

The "professional knowledge" you are sharing is contrary to USCIS policy. I have given a USCIS source for every single bit of information I have posted. In the thread you linked, nearly all replies to the OP are about how risky it was to do what they did. This entire conversation is long off topic, the question was answered a long time ago: @Abbey B does have a 15 day overstay on record, and this will be seen by CBP agents upon re-entry if they choose to travel. I never said they would be deported, only that they were deportable. Those are facts, and that's all there is to it.

4 hours ago, Wilson KE said:

My package was delivered on April 20th,and I haven't heard anything until now!That's quite depressing!

Just the start of an even longer wait. Don't worry though, sometimes texts/emails dont get sent out and you will just get the NOA1 as a happy surprise one day with biometric appointment shortly behind

8 minutes ago, treppenwitz said:

I read it all last Saturday. That is why I said "thread" not just that initial post.

Was Mahshid deported? Hypothetically, if I had decided to continue that case in front of an IJ when I was a federal prosecutor I would have lost; the IJ would have granted the GC. The agents in that thread "warned" them but didn't initiate the actual process for deportation.

You've got to be trolling at this point...

5 hours ago, Abbey B said:

Thank you both @treppenwitz and @Dazz for the insight. It definitely makes the decision to leave much harder..(as we originally planned to do a 2nd wedding in Israel A.K.A a 2 week trip on AP but maybe it is best we wait until GC). 

 

I do want to point out that I also was under the impression of what @treppenwitz said regarding K1 law to marry within 90 days, which we did, but nothing was signed or stated in the I-129F, I-797 or anywhere else that said we needed to FILE within 90 days...and it looks like there is some research that supports that fact. 

There is nothing in the K-1 forcing you to file within 90 days, the (potential) issue is that your I-94 was expired for a period of time before filing. Bottom line is when your i-94 expires, you are unlawfully present(until AOS filing). I agree that you have a low risk of anything going wrong, but personally I wouldn't take the chance on a trip that can be rescheduled. I'm not trying to scare you or anything, I'm just thinking of risk/reward. Its like speeding 5 mph over the limit, you probably won't get a ticket. Probably.

I want to clarify as well that I'm just talking about AP. I'm not implying that you are actually going to get deported while within the states. That would be absurd. As well, immediate relatives of USC are eligible to get GC even with overstays. So no problem with your application. 

4 hours ago, treppenwitz said:

Yes:

The above thread speaks for itself.

That thread does indeed speak for itself. Please read it.

This thread also details the exact situation described by @treppenwitz as "unrealistic"

2 hours ago, Dazz said:

 

An alien is admitted as a nonimmigrant, with a   Form I-94   that expires on January 1, 2009. The alien remains in the United States after the Form I-94 expires. The alien’s status becomes unlawful, and she begins to accrue unlawful presence, on January 2, 2009. On May 10, 2009, the alien properly files an application for adjustment of status.

The filing of the adjustment application stops the accrual of unlawful presence. But it does not “restore” the alien to a substantively lawful immigration status. She is still amenable to removal as a deportable alien under   section 237(a)(1)(C)   of the Act because she has remained after the expiration of her nonimmigrant admission.

4 minutes ago, treppenwitz said:

Admittance on a K-1 is based on the intent to marry within 90 days. There is no provision in the INA nor Field Manual that AOS must be submitted within a certain time period.

CBP denying @Abbey B entry for 15 day-overstay is not realistic. The above is fear mongering.

When your I-94 expires, you are in unlawful status and accumulate unlawful presence(until AOS filing). This is as dead simple as it gets with USCIS. Final approval will be decided on by the CBP officer at the port of entry.

I hardly see how I'm "fear mongering" when I'm encouraging people to make their own decisions based on the situation. I have no interest in arguing with you, im just stating the facts as they are laid out by USCIS and CBP. If you disagree with anything I say, feel free to research the subject. If you still disagree, refer to my previous statement about opinions.

1 hour ago, treppenwitz said:

And?

• For their case: 15<180
• The TPS part I briefly showed reveals that even with having many years of overstay there is low risk with AP travel.

Of course. No one is debating this. AP travel risk is similar with LPRs, immigrant visa holders, etc. (i.e. very, very, low).

Far from reality.

You don't need to be barred to be inadmissible. Overstaying by one day, 15 days, 100 days, 1000 days, it's still an overstay. You are deportable and accumulating unlawful presence from the day your i-94 expires, as we already talked about. Whether ICE actually deports k-1s is beside the point, the point is that they have a period of unlawful presence and as such have violated immigration law. Violating immigration law is harshly looked upon at the border. This is common sense.

With all that we have discussed, I think anyone reading this thread will have enough information to make their own informed decision. Thankfully, we live in an amazing country where we are free to each have our own opinion and make our own decisions! 

30 minutes ago, treppenwitz said:

K-1 is allowed dual intent. And all AOS applicants have authorized stay allowed by the US Attorney General.

Technically true because of INA Section 237(a)(1)(C). But in reality, ICE does not start deportation procedings for K-1 overstays.

@Abbey B only overstayed 15 days.

USCIS also issues AP to TPS beneficiaries. Some overstayed for 8+ years before getting TPS. All of them have re-entered with AP without issue. [Side note: After entry with AP, TPS individuals that initially Entered Without Inspection are then eligible to AOS; this is a known loophole.]

AP travel is routine. They see it frequently.

I agree it likely wouldn't be an issue, but like I said in my opinion my (or anyone elses) future in America isn't worth risking. If people buy lotto tickets based on a one in a million chance of hitting the jackpot, surely they should avoid playing russian roulette with CBP. Each of us will make our own decision on whether we want to use AP or not, personally I wouldn't use it at all unless I had a spotless history with border control and immigration. Anyways, the original question from @Abbey B was if their time spent in the USA after the I-94 expired and before the AOS was filed counts as an overstay, and the answer is absolutely yes. Furthermore, upon re-entry, you would be sent to secondary inspection, where they will notice the gap in dates (if their computer doesn't automatically notify them about it the moment your passport is scanned). What happens next is up to the CBP officer.

I understand that some people have obligations or family outside of the country that they need to travel to, and I wish them luck with the process. I definitely don't want to tell anyone what to do, I just think anyone with a complicated immigration/border crossing history should weigh their decision. If a loved one is on their deathbed and it's your last chance to see them, well then go for it obviously. Honeymoon to Mexico? Not so much. The bottom line is are absolutely 0 guarantees of anything when you travel on AP, let alone for someone who is deportable. Anyone who claims it is "safe" is completely wrong. The only people who are guaranteed re-entry are US Citizens. As you said, it's low risk. That's still too much risk for me. 

Sorry to double post but I found more information that I think may prove useful to others. https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1851 This is the Adjudicator's field manual, of particular interest is section a(2) and a(6). Section a(2) (Unlawful Presence) has an example that applies to @Abbey B: 

Section a(6) (3 Year and 10 Year Bars) has this to say: "An alien with a pending adjustment of status application, who has accrued more than 180 days of unlawful presence time, will trigger the bars to admission, if he or she travels outside the United States subsequent to the issuance of an advance parole document." I don't think most people stay that long, but for someone in my situation it would trigger a 3-year bar if I left the country on AP. 

11 minutes ago, treppenwitz said:

@Abbey B is doing AOS from K-1. Why would there be an issue for them to travel with AP?

Regardless, all travel with AP is very low risk. See thread below:

That thread has contributions from knowledgeable users @Cyberfx1024, @Ksenia_O, @TM92

From page one of the instructions for I-131;

WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return.

WARNING: DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States, in which event you may be unable to return to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission.

I'm not saying it WILL be a problem, but it's a risk that I wouldn't take if there was even the slightest inkling of a reason for me to be turned away at the border. @Abbey B has overstayed, which is grounds for them to be denied entry. Hypothetically you can do everything right, have no overstay, leave the country on AP, and get denied re-entry by CBP just because you looked at them wrong. Common sense says someone coming on K-1 intends to stay, and a short time outside status before submitting AOS is reasonable. However, the law says K-1 is a nonimmigrant visa and they have overstayed, making them deportable until AOS status takes effect. Even once AOS is in effect, it's still an overstay. 

The real question is, do you want to bet on the CBP officer having any common sense? I know where I'd put my money.

I agree that it's low risk, and there is probably a 99% chance they would be fine, but any risk is an unacceptable amount during this process in my opinion.

3 minutes ago, Olichka said:

Husband had biometrics on Monday, today status shows “fingerprint review was completed”. Let’s see what comes next !😊

Jealous!! I did my bio on the 19th, I still see fingerprint fee received on my status. I really hope the EAD is processing while they are jerking off at the ASC...

10 hours ago, Abbey B said:

That's good to know! My only question is about the advanced parole...if we get the travel document and leave the country (for example 2 weeks long) and come back in...will they consider the original I-94 from the K1 visa an overstay? I heard that once the I-94 expires, it is considered an overstay and I wouldn't want that to be a red flag while traveling and coming back into country..

As far as I know you are correct. That is the reason I haven't applied for advanced parole, I don't think I'd be let back in. AP does give you permission to leave and re-enter, but that doesn't override the need to be admissible person. If you have an overstay on record that renders you inadmissible, the AP isn't going to change that. The important thing to remember is that the CBP officer who you talk to when you return will have the final say, unless you are completely inadmissible (like if you overstayed so long that when you left it triggered a ban). It's really a roll of the dice, I would say don't take the risk unless you have to. 

11 hours ago, Oluwasegun said:

Hello everyone,

When i got my ssn it has a Claus "not valid for work unless authorised by dhs"

But i went ahead to register for doordash and worked for like 2weeks and got paid. But a friend of my wife told me to stop the doordash job that it will 

Create a problem to approve my ead.

I have stopped working till my ead is approved.

I will like to know how much trouble im in with the two weeks i worked and what are my options.

Thank you.

Anyone with similar experience.

 

That wasn't very smart. This is going to depend on the officer interviewing you. As someone else mentioned already if you are an immediate relative of USC it's not an immediate dis qualifier, but given that you intentionally worked with the knowledge that you shouldn't, it's really up to the officer to decide what they want to do. I suggest being completely honest about it at your interview at the earliest opportunity. If they find out about it and you didn't tell them they can revoke your green card and render you inadmissible. 

8 hours ago, my&aaron said:

My I-485 status just changed to "Document Was Mailed To Me" today so I called USCIS to see what it was. He said if it was a RFE, it would have shown up in his system but it didn't so he couldn't tell me what doc that was... I am hoping that it's my biometric appointment T__T

As far as I know "Document Was Mailed To Me" means they have mailed your benefit card. So in this case your green card.  Seems highly unlikely but as far as I know that's what that means, RFE has a specific status and I don't think there is any notification when they send your bio appointment notice. I have done my bio appointment already and never got an update other than fingerprint fee received. If that's your GC you need to go buy a ton of lotto tickets!!

5 hours ago, Loren Y said:

Thanks! Just updated my timeline and it says EAD/AP approved in 83 days. That is pretty fast, hopefully they are getting things done faster.

What was the reason for expedite? Did they ever confirm receipt or reply to your evidence? I agree, please god let them be speeding things up....