Cndn

39 minutes ago, HRQX said:

I recently submitted an out of processing times inquiry because I submitted I-485 application 33 months ago and USCIS only responded with: "Our records show that your I-485 is currently pending adjudication. We regret that we are unable to provide you with a completion date at this time. We apologize for the delay. We hope this information is helpful and appreciate your continued patience." My patience has been exhausted!

Seattle???? That’s deplorable. Time for a Writ of Mandamus? Have you contacted any ombudsman or anything like that? 

Is there any statistics on AOS approvals speeding up or slowing down? 18 months and counting 😢

2 minutes ago, payxibka said:

You would be applying for a spousal visa that becomes a greencard after entry.  

 

Why are you afraid to leave?

She’s afraid her overstay will cause a denial I’m guessing. 

The application is asking me the date of my last arrival into the US, along with my I94. I’ve travelled on AP several times. I don’t get a departure record for the reentries on AP because it’s not technically a departure? It’s confusing. Are they asking about the time I entered on a K1 visa in 2018, or are they asking about the last time I entered the US with my AP card?

9 hours ago, Jorgedig said:

Totally agree.  We 'only' waited 14 months for my husband's AOS interview.  However, we were lucky enough that pre-covid, combo card wait times were not so terrible, so he was working 5 months after POE.    With the USCIS office closures this year and biometrics holdups,  the backlog is going to get worse before it gets better.

Yup. You’re so lucky to have been done within 14 months. 18 months and counting. Now with everything going on I see no light at the end of this tunnel. 

9 hours ago, Diane and Chris said:

I agree. AOS was a headache. Then you must turn around and file for 10 year green card less than 2 years later. One more thing is that the fees for AOS are going up quite a bit since you need to pay for EAD as well. 

I guess that’s the only silver lining here - it’s taken so long I’ve already been married 2 years. 

9 hours ago, Chancy said:

 

Good that you seem to be starting your visa journey with your eyes wide open.  I'm just hoping you're not underestimating the mental stress that can result from being forced to be unemployed for that long.

 

The reason VJ members seem very eager to push people to choose CR1 over K1 is that this site is full of people who have come back here regretting their decision to go for K1.  Check out the "Adjustment of Status - K1" and "Effects of Major Family Changes" forums for a peek at some of these stressed out and regretful people.

 

Facts. I am so mad at myself for going with the K1. Here I am 18 months after having filed AOS (backlogged Seattle) and still seeing “case is ready to be scheduled for interview.” 
 

I wish I had known how much of a headache (AOS) I would be avoiding with the spouse visa. For the sake of a few flipping months the K1 was so not worth it. 

I live on the US-Canada border and have travelled back to my home country (Canada) many times on AP with no issue. Can’t tell you what kinds of delays there are now with covid, but unless you commit a crime during your travels you will not have an issue reentering using AP. 

You’re currently not employed and you have less than $63,411 in savings/assets? If I’m reading this correctly you will need to try to find a joint sponsor or you might have a problem getting approved. Can you try to find employment before your interview? 

7 minutes ago, JFH said:

$12k over in steady employment should be fine. 
 

But I agree that if COs are going to use discretion and include such things as regional cost of living variations then the whole I-864P is pretty pointless. Obviously here in western Washington our costs are considerably higher than people in rural North Dakota, for example. Yet we are on the same measuring scale. I do believe that 125% of the federal poverty line is too low to comfortably support people coming into the country but each circumstance is different. Our joint sponsor makes over $180,000 a year (my in-laws are all miners and mining is good money but horrible work). On paper it looks fantastic. But they don’t take into consideration your outgoings. Mortgage, car payments, property taxes, etc. They vary hugely. Someone could be making $40,000 a year but living rent and mortgage free. Someone else could be making $160,000 but paying over $7k a month in rent (I have seen places that rent for that much in Microsoftland in Bellevue). 

We live an hour north of Seattle and somewhat rurally. The cost of living here is nowhere near somewhere like Bellevue. While we are on one income until our youngest kids are elementary age there is no way we could afford to live in Seattle. We live within our means here and we are pretty comfortable. I agree it’s all pretty moot when they’re not looking at the outgoing. 
 

Thanks for the reassurance. 

9 minutes ago, JFH said:

We have seen it here before that even if the person is over the pre-set level, it is still rejected. That’s why I asked which state. I think they look at that and see if the income could adequately support the number of people based on average cost of living in that state. Here is western Washington $41,000 would be very difficult to stretch to 5 people. Presumably the wife will be looking for work when she arrives so that will help. 
 

Looks like the OP has a good head for business if he can turn $320 in goods into $74,000 in sales with no refunds or returns. 

It makes sense that they would look at the cost of living for each particular area, I just find it really cruel for some families to think they qualify to be reunited only to be told no, through no fault of their own. They list Alaska and Hawaii as states where residents applying need to earn more, so maybe they should do the same for some of the other states, instead of just lumping all the 48 contiguous together. Then people can get a real sense of whether or not they should actually bother applying before wasting time and money.  
 

I’m in Western Washington too with a household of 6 (4 kids - 2 are my stepkids that reside with us 50% of the time). My husband is self employed and his taxes will reflect about $12k over the 125% line for the household size. They don’t take into consideration that there is another person 50% financially responsible for 2 of the kids in the house as well, I’m assuming. Would we be told to find a joint sponsor? How borderline are we talking here? Have there been cases You’ve seen where people made over $5k of their minimum requirement and been told to find a joint sponsor? I’m getting a little worried here. 

4 hours ago, JFH said:

So you are currently a household of 2 but will become a household of 5? I think they are using discretion because you are borderline. Which state are you in? 

I’ve always wondered why some officers do the whole borderline thing. Isn’t that why the minimum income level met must be 125% instead of just having to meet the actual poverty level? They’ve already made it so that no one who is borderline on the poverty level can apply, and then they’re arbitrarily deciding that 125% is not enough either?

1 hour ago, JFH said:

I had considered relocating to Buffalo, NY for 3 months just to get through N-400 there. I work entirely from home so all I need is an internet connection and I’m good. But it shouldn’t have to come to this, should it? There are AOSers in Seattle who are still waiting from 2017. 

Absurd. I don’t understand why they feel they’re in a position to be initiating a new requirement such as an AOS interview when they’re already struggling but there you go. 🤦🏼‍♀️

24 minutes ago, JFH said:

Which is excellent news for us Seattle filers - not! Already I’ve been waiting almost a year for my N-400 to be adjudicated. I’ll be retired before they get to my case if they go any slower. 

I’m in Seattle and I’m about to move just to get out of this inhumane processing time zone. 18 months since filing AOS next week, which isn’t even abnormal as it was the median before covid but still way too long. I can’t imagine what Seattleites will have to endure now if they’re saying more delays. 

13 minutes ago, millefleur said:

I was wondering the exact same thing. Has any data been published to show what the exact number of decrease in applications is?

https://www.google.ca/amp/s/www.nytimes.com/2020/05/17/us/immigration-agency-uscis-budget.amp.html
 

https://www.google.ca/amp/s/federalnewsnetwork.com/workforce/2020/06/uscis-pushes-potential-furlough-date-for-13400-employees-back-to-august/amp/

Multiple sources state USCIS says 60/61%. That’s huge. Now with no furlough how can there possibly be further delays even after terminating contractors who helped with the adjudication process? Surely the huge decrease in need for help with the adjudication process offsets that. It just doesn’t make any sense at all and the lack of transparency from this agency is a complete joke. 
 

Bottom line their processing times are at crisis levels and if they’re struggling this much to achieve what they are in place for, then they really are not in any position to be enforcing things such as AOS interviews that were never necessary before in all the years USCIS has been operating. I don’t see how on earth an interview can really even do much to deter fraudulent marriages in the first place. Is there any data at all that suggests that the AOS interviews have decreased fraudulent applications? No, probably not because that’s not what it’s really for. It’s to slow down immigration but they can’t say that. They need to let the interviews go. Achieves nothing but is backlogging everything.  

3 minutes ago, Pats5415 said:

That makes sense...only keep the staff to handle the workload coming in. Unless they had extra staff to handle current levels and now can't keep them because of the decrease in applications?

Yeah, maybe. But there would be far less petitions being received right now therefore far less having to ensure everything in the packet is there/issuing RFEs though. That seems like quite a bit of the work they normally do that they wouldn’t be doing anywhere near as much right now. 

Here is what I don’t understand about there being an inevitable increase in processing times: hasn’t the volume of applications dropped significantly due to both certain visas being paused and covid? Wouldn’t the massive reduction in workload offset the reduction in staff? 

2 minutes ago, Gomast said:

My state is Florida. 
It seems that these are the options, and I don’t think that I qualify for any of them:

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/

Non-immigrant: I don’t have EAD. 
 

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/immigrant/

Immigrant: I don’t have any approved document, except for the NOA1 of the I-485. 

 

That sucks! You’re absolute right that is a ludicrous amount of time to be expected to not drive or work! Wow. 

16 minutes ago, Cndn said:

Wait, what? I got a DL without a drivers licence. This was 2 years ago now, but I’m 99.99% certain that what I provided to them was my marriage certificate (to show US address) and my AOS receipt letter from USCIS showing I had a pending immigration case. I most definitely did not have EAD at the time so whoever told you that is wrong. 

Shoot I meant I got DL without EAD. This is what happens when an 8 month old wakes you up all night. 

2 minutes ago, Paul & Mary said:

Depends on the state.  Drivers Licenses are issued by states.   Many, including the (People's) Republic of California, allow undocumented persons a drivers license.

Ah I see. Thanks, I didn’t realize it varies by state. My state (WA) will issue them without EAD and that’s all I know. 

15 minutes ago, Gomast said:

It’s upsetting also because the DMV is requiring EAD for a drivers license. it’s not reasonable that someone who came to the US legally, would not be able to obtain a drivers license nor work authorization for such a long time. 

Wait, what? I got a DL without a drivers licence. This was 2 years ago now, but I’m 99.99% certain that what I provided to them was my marriage certificate (to show US address) and my AOS receipt letter from USCIS showing I had a pending immigration case. I most definitely did not have EAD at the time so whoever told you that is wrong. 

Mine took 6 months last year. Applied in March 2020 and I got it in August 2020. It’s now expired and I’m still waiting on my green card interview. So it took 5 months last year. I have no idea how long it would take now.
 

It’s so confusing because they have put a pause on a lot of employment based immigration cases and you would think that would speed up the process for family based petitions, but everyone on here seems to be saying we can now all expect huge covid delays. I’m guessing that would be due to staff being furloughed? I don’t know. It’s upsetting because I’m now at 17 months since filing my AOS application, which has been the median amount of time for a Seattle green card interview up until now, and to think this limbo will go on for longer is gut wrenching. At this rate it’s going to start taking 3 - 5 years to get a green card interview in Seattle. 

12 minutes ago, BellaUnion said:

No fees if you have a pending I-485 filed before 2nd October 2020.

Thank you. What changes on October 2nd?

My AP/EAD card expired 5 days ago. I’m a stay at home mom right now so don’t worry, not working illegally or anything. Want to be able to visit my home country again later this year though. I filed my original AP with my I485 application buts it’s already expired because my interview is taking soooo long (thanks Seattle). Do I have to pay this time? It just says on the site that to renew you submit the application and the fee unless you have waiver? If so, how much is the fee? 

It has been 521 days since I filed my I-485 petition. My AP/EAD has both been approved and has expired already. Has anyone else gone through this? It really shouldn’t ever take this long, no matter what field office it is. What would happen if I filed a writ of mandamus even though I’m not outside their processing times? 

9 months is not “out of date.” Your I864 is still valid. With that being said, it doesn’t hurt to be extra prepared. The IO would ask for a new affidavit of support if they had reason to believe your financial circumstances had changed, but you don’t need to resubmit one if you are not asked for one. 

28 minutes ago, Canadianb said:

Originally from Ontario! 
 

yeah that’s why I want to send the paper off for them now! Just so they have their citizenship for later on. Like I said, I’m not rushing to move right this minute  just miss Canada and definitely miss free health care. I imagine with everything going on in the world at the moment it will take quite awhile. When I renewed my residency after the two year mark here in the US it took longer than a year to get my green card identification (10 year expiration now). 

Yeah the person I spoke with at the Sydney, Nova Scotia processing centre (where you will send your children’s proof of citizenship applications) said their staff has been drastically reduced due to covid. It’s good you’re not in a rush but I still just wanted to give you a heads up. I’ve also obtained a US CRBA for our daughter who was born in Canada and it took only 6 weeks, so I’m shocked at how long this is taking in Canada.