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ourwildjourney

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    February 2020 AOS Filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    14 minutes ago, INNSU09 said:

    Hi everyone! Feb filer here as well, sent the K1– AOS on the 21st, and it arrived on the 23rd (Sunday surprisingly 😲) i kept checking my online bank app if they cashed it already, i guess i’m not the only impatient one here. 🤣😅

    We have the same timeline.  And in the same boat.  It's so unsettling just having a black hole and no communication.  I think if it happens this week, it's normal.  Net week feels a little long.  However, I am guessing they received a ton of applications at that time as people hurried to beat the 2/24 deadline for public charge.  They probably are very backed-up.  hang in there!

    February 2020 AOS Filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    On 2/6/2020 at 8:20 AM, Cornflake said:

    Same situation with FORM I-485.

     

    What to Know About Sending Us Your Form

    The current edition of the Form I-485, dated 07/15/19 and 12/23/17:

    • We will accept the 07/15/19 and 12/23/17 edition of this form if it is postmarked before Feb. 24, 2020
    • We will not accept the 07/15/19 and 12/23/17 edition if it is postmarked on or after Feb. 24, 2020, except those submitted by aliens/petitions with a physical address in Illinois [see information for Illinois]
    • DHS remains enjoined by a federal court from implementing the Inadmissibility on Public Charge Grounds Final Rule in Illinois. DHS has asked for a stay of this injunction from the U.S. Court of Appeals for the Seventh Circuit, given the Supreme Court Decision to stay the last nationwide injunctions. For additional information, see our webpage on the status of the public charge rule in Illinois.

    The updated edition of the form

    On or after Feb. 24, 2020, we will accept only the edition date: 10/15/19 of the Form I-485, except those submitted by petitioners/aliens with a physical address in Illinois [see information for Illinois].

    We squeaked by on this form.  We sent our package to Chicago via Fed Ex on 2/21 and it arrived on Monday 2/23.  Now the lonely wait for the NOA . . .

    AoS filing - 3 weeks and no correspondence

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    2 minutes ago, InRainbows14 said:

    Thank you! Yes, I totally agree on all of that - I expected to be relieved after sending the package, but this wore off after over 2 weeks of not hearing, while seeing that others were hearing much quicker. Probably wasn't helpful to read about all of those quick responses on here, but I guess that's balanced out by how helpful people seem to be on this forum. It's such a relief to just know that we are in the system, and everything is progressing as it should (yes, albeit with no job, or ability to leave the country, but I guess that's what we signed up for haha).

    It also might be easier for those who used lawyers since they were able to give up control earlier in the process.   For those of us who have been doing all of this work ourselves, it's all we have been eating sleeping or breathing for months on end.  Hard not to be obsessed all of a sudden when we all kind of had to be obsessed with it for so long.  

    AoS filing - 3 weeks and no correspondence

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    On 2/25/2020 at 11:17 PM, Cornflake said:

    Thank you! Yes, they cashed the check almost at the same time.

    I wish you to get your notifications soon! I know how hard is to wait. 

    Congrats on getting your response from them.  You filed just before us.  It's nerve-wracking waiting for the lockbox to get open.  Such a feeling that maybe something got lost.  It helps so much knowing that we are not going to hear from them this week or even next.  Just need to sit back and live life while we wait . . .  (well, life without a job or international travel, but ...)

    Our AOS application example (AOS from Tourist)

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Hey, everyone! 

    We cannot thank you all for your help in FINALLY getting in our application.

    As a "thank you" and a help to others, we wanted to share with others our overall cover letter.  

    This went on the outside of the packets with the checks and G-1145 form  

     

    We also did separate cover letters (table of contents) for the I-130 and also for the I-485, so they are very easy to follow.

    We labeled all evidence with sticky tabs at the bottom of the pages.

    Additionally, we two-hole-punched all of the pages and secured the sections with the metal prongs to make it very easy for the agents.

    We made a duplicate copy of each page and package, so we have the exact package at our interview in a few months.  

     

    We cannot thank you all enough!

     

     

    U.S. Citizenship and Immigration Services P.O. Box 805887
    Chicago, IL 60680-4120

     

    Re: Concurrent Filing of Forms 1-130, I-130A, I-485, I-864, I-765, and I-131

     

     

    To Whom It May Concern,

    Please find enclosed the appropriate forms, payments, and documents to support our marriage-based Adjustment of Status Application for X, the Beneficiary, and Y, the Petitioner and U.S. citizen spouse of the Beneficiary.

    This packet contains the following forms and supporting documents:

    1. A check payable to the U.S. Department of Homeland Security for $535 (I-130 filing fee)

    2. A check payable to the U.S. Department of Homeland Security for $1,225.00 (Form I-485 filing fee at $1,140; biometrics service fee at $85)
      Note: Form I-765 filing fee exempt under (c)(9)

    3. Form G-1145 e-Notification of Application / Petition Acceptance

    4. Form I-130, Petition for Alien Relative

    5. Form I-130A, Supplemental Information for Spouse Beneficiary

    6. Two (2) identical passport-style color photos of the Petitioner

    7. Two (2) identical passport-style color photos of the Beneficiary

    8. Copy of Petitioner’s U.S. passport

    9. Copy of Beneficiary’s German birth certificate

    10. Copy of certified translation of Beneficiary’s birth certificate

    11. Copy of Beneficiary’s Certificate of Canadian Citizenship

    12. Certified copy of U.S. Marriage Certificate of Beneficiary and Petitioner

    13. Copy of Petitioner’s divorce decree

    14. Evidence of bona fide marriage:

      1. Letter from Bank verifying joint bank accounts

      2. Copy of Petitioner’s Last Will and Testament naming the Beneficiary as sole

        trustee

      3. Copy of Petitioner’s Living Will/Power of Attorney for Health Care appointing

        the Beneficiary as agent to make health care decisions on the Petitioner’s behalf

    1. Copy of Petitioner’s Durable Power of Attorney appointing the Beneficiary as attorney-in-fact

    2. Copy of  Quitclaim Deed showing joint home ownership

    3. Proof of joint family health insurance plan

    4. Copy of Petitioner’s 401k document showing Beneficiary as beneficiary of

      Petitioner’s 401k

    5. Copy of Student Emergency Information Form naming the Beneficiary as an

      authorized emergency contact for the Petitioner’s daughter

    6. Copy of hotel receipt for the Petitioner and Beneficiary’s wedding night on

      1/10/2020

    7. Sworn affidavit of support from Petitioner’s parents

    i. Family photos take with Petitioner’s family in Palo Alto, California

    k. Sworn affidavit of support from Beneficiary’s parents

    i. Family photos with Beneficiary’s parents in Victoria, British Columbia and Palm Springs, California

    l. Envelope of photographs of key relationship milestones

    1. Form I-485, Application to Register Permanent Residence or Adjust Status

    2. Copy of Beneficiary’s German birth certificate

    3. Copy of certified translation of Beneficiary’s German birth certificate

    4. Copy of Beneficiary’s Canadian passport

    5. Copy of Beneficiary’s German passport

    6. Copy of Beneficiary's Certificate of Canadian Citizenship

    7. Copy of Beneficiary’s electronic I-94 Arrival/Departure Record

    8. Certified copy of U.S. Marriage Certificate of Beneficiary and Petitioner

    9. Copy of Petitioner’s divorce decree

    10. Two recent passport-style photos of the Beneficiary

    11. I-693, Report of Medical Examination and Vaccination Record completed by

      a civil surgeon, in a sealed (unopened) envelope

    12. Form I-864 Affidavit of Support filed by Petitioner , and the following supporting

      documents:

      1. Copy of Petitioner’s most recent (2018) Federal Tax Return Transcript from

        IRS

      2. Copy of Petitioner’s most recent (2018 & 2017) W2s

      3. Confirmation of continual employment from Petitioner’s employer

      4. Copy of Petitioner’s most recent pay stubs (January - February 2020)

    13. Form I-765 Application for Employment Authorization, and the following supporting documents:

      1. Copy of Canadian passport, on which the Beneficiary entered the U.S.

      2. Two identical passport-style color photos of the Beneficiary

    14. Form I-131 Application for Travel Document , and the following

      supporting documents:

      1. Two recent passport-style color photographs of the Beneficiary

      2. Copy of electronic I-94 Arrival/Departure Record

    If you have any questions or concerns, please call X at xxx-xxx-xxxx or Y at yyy-yyy-yyyy

     

    Thank you very much for your prompt consideration of our Application.

    Sincerely,

    X & Y

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    1 hour ago, Boiler said:

    It reminds me of winning the Lottery, well unlike this situation somebody does win the lottery.

     

    A finding of Misrepresentation is not made on a hunch, there has to be supportive evidence, also begs the question what happens next? Asked to file a waiver in country so apart from collecting a fee, which of course is offset against the work entailed, what would be the point for something that is considered a non issue?

    I'm sorry.  I'm not following this one as clearly.  Are you saying why would they bother raising something since you can just get a waiver anyway?  Or am I missing what you are saying?

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    26 minutes ago, josue818 said:

    I don't think the attorney was 100% wrong as many have said here. I think the attorney OP spoke to might not have explained the 90 day rule to him thoroughly. Yes as some have explained the 90 day rule is a rule form the DOS and USCIS is not bound to follow it, BUT IT CAN. Just because USCIS is not bound by a rule from another agency it does not mean they cannot follow it. In fact when the 30/60 day rule was in place, USCIS did apply it in many cases and when people appealed the application of the rule to the AAO the AAO dismissed the arguments that USCIS could not apply the rule and said yes it can.

     

    What I am trying to say is, on the chance that the issues does come up during your interview you need to be ready to explain why she did not misrep upon entry (which it sounds like you already have a timeline and an explanation as to why it was not misrep).

    Thank you for this.  It makes sense.  Sounds like it is used as an indicator of intent.  We are the real deal with so much documentation and openness of how a visit to Arizona turned into California travel and then organic quality time with my family and then her family.  All we can do is tell the truth and show them who we are and how important she is to her stepdaughters and to me.  And bring lots of evidence of it and pray and hope for the best.  

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    3 minutes ago, geowrian said:

    Logically, what changed about your intent at the border at 81 days versus 90 days?

     

    I think you are referring to entirely different concepts...

    Exactly!  As @missileman pointed out to me, this is coming from the DOS guidelines telling DOS officers that changing intent within 90 days of crossing could be sign of intent to defraud.  That's where it appears to be coming from.  it does not apply n this case but A LOT (AS IN A WHOLE LOT) of lawyers think it does and scared the BLEEEEEP out of us over those nine days.  

    9 minutes ago, geowrian said:

     

     

    10 minutes ago, geowrian said:

     

     

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    1 minute ago, missileman said:

    https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

    image.png.4b3c6634e72d1e6a8ff39c20bcc034ee.png

    I CANNOT THANK YOU ENOUGH FOR THIS!!!

    I knew it was coming from somewhere.  This makes sense now.  THe lawyers are playing it very safe to cover all bases.  My guess is that lawyers are used to dealing with clients who are on the edge of legality and needing the legal help.  So they play it safe. and say don't take a chance.  If, however, you are telling the truth and backing it up to the IO, he or she can evaluate on his or her own.  BUT the DOS guidelines might help inform intent.  lawyers are paid to play it safe.  Or also possible they heard a new rule / guideline and decide not to take chances at all.  

    THANK YOU FOR THIS!

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    31 minutes ago, Donald120383 said:

    ahh the 90 rule does not go away .

    Every lawyer talks about needing to make no moves at all within the first 90 days of entry.  Are they just misinterpreting something?  Every lawyer quotes it.  And nobody here thinks it matters.  (And I trust this forum way more than the lawyers so far ...)

    WHat's the source of the misconception?  

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    11 minutes ago, Boiler said:

    There is a Consulate rule when seeking another non immigrant visa but you are adjusting and you would have thought a Lawyer would know the difference.

     

    My suspicion is that Immigration Lawyers mainly handle work based cases and no little about family immigration. Obviously there are exceptions. They are aware of a new rule, does not impact their day to day businesses so never have looked into what it does.

     

    Obviously there are Lawyers that do handle predominately Family immigration but they seem a minority.

    GOT IT!  Thank you SOOO much!

    Literally were in tears over here . 

     

    1 minute ago, ourwildjourney said:

    What is the 30-60-90 rule?  When does that apply?

    I think that is what keep coming up.  

    Sorry--Just saw your in depth response about work vs family.  THANKS!

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    23 minutes ago, Poseidon1212 said:

    Like @Lil bear said, the 30-60-90 days thing is not a concern. You can file without worry, here’s the appropriate guide for it: 

     

    EAD and AP is highly recommended. 

     

    14 minutes ago, Poseidon1212 said:

    Personally I don’t think it matters much. If the IO wants to know details about the transition then they’ll ask. However, as personal preference I like to stick with verifiable stuff e.g. using the end of her lease or when she wrote herself out of the civil registry if applicable as end date there and start date in the US. That way there’s an actual paper trail. But that’s just me. 

    Thank You!

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    1 minute ago, Boiler said:

    Was this an Immigration Lawyer?

    Yes but a friend and not someone we were paying for counsel.  So I couldn't tell if they were giving the conservative opinions or were talking about hard and fast rules.  I guess the question is if the customs agent at the interview gets to make up his or her mind based on the facts or just says "Nope - married 81 days in so it's a violation of a hard and fast rule" or something.

    So stressful!!!

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    2 minutes ago, missileman said:

    She stopped living in Canada the day she arrived in the US....because she never returned..imo.

    Yes . . . but she came to USA to see friends in Arizona first and truly was a tourist at that time and was paying rent in Canada.  So she really was "living" in Canada and "visiting" the USA until at some point this family and this country became more her home than there.  This feels like a Sarte existential question of "where does one truly live" . aahhhhhhh :)

    THANK YOU!!!!

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    3 minutes ago, Poseidon1212 said:

    Like @Lil bear said, the 30-60-90 days thing is not a concern. You can file without worry, here’s the appropriate guide for it: 

     

    EAD and AP is highly recommended. 

    Thank you!  Yes we are head deep in everything right now. 

    What we are having trouble with is saying the dates she lived in Canada through and then the dates she started physically residing at her home with me and the girls here.  Is it okay for us to say Canada through December (since she was paying rent and thought she was going back) and then California starting December?  Or do we need to decide when she for sure 100% was not going to go back and that's the date even though her stuff and apartment were still in Vancouver?

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Thanks.  You just talked us off the ledge.  A lawyer just got us really freaked out about defrauding the government because we got married in 81 days and not 91 days and that made no sense to us.  Our girls would be devastated!

    SO the next question -- on the 130 it asks for her physical addresses and when she lived there.

    Do we overlap the two?  She paid rent in Canada through January 2020

    But she has been here since November.  But she wasn't really living here.  She was staying here until she decided in January to stay.  So now she has health insurance and is on car insurance and banks account.  So there's no real answer for when she stopped living in Canada and started living in USA permanently.  She was intending to go back until recently so how do we say when she lived in Canada until (since she was paying rent while being here?)

    90 DAY INTENT

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Hi, everyone.  We need some advice.  My Canadian girlfriend went to Arizona to visit friends 10/29/19.  She decided to stay in the USA . SHe came to LA to stay with me and my girls and to visit other friends of hers.  She then stayed over Thanksgiving and went to NorCal with my girls and my parents and brothers, etc.  She roadtripped with me and my girls back to LA . Her parents and sister and nephew came to SoCal for Christmas and we all rented a house together in Palm Springs.  While there, her parents saw her with my girls and said it's crazy for her to be away from her new family.  THey were right.  She stayed her and we got married January 10th.

     

    We are now filing an AOS.  She lives here.  She is a step mom.  On insurance.  Bank accounts, etc.  THis is the real deal and the girls and I need her and love her.

     

    QUESTION -- Is the fact that we got married 81 days after she came to the USA an issue?  We just had a lawyer tell us that it's a problem because we got married within 90 days of her coming here even though she truly had no intent to stay here when she came through.  She still had a place in Canada. Her stuff was there, etc etc.  

     

    Is this 90 day rule a hard and fast rule that should be freaking us out?  Or when we have our interview can the office make his or her own judgment based on who we really are? Is it a 90 day line in the sand that we accidentally crossed?  Or is it more a guideline?  

     

    Thanks for the brutal honesty and guidance.  

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