gramercygreen

55 minutes ago, wasp8898 said:

Hey guys. I am curious what I should do in regards with the proof that my husband and I living together. We are renting from my husband’s friend and they dont really have a formal lease agreement. What can we provide as proof that we are renting from a friend?

 

thank you. 

You could have this friend (that you're renting from) provide a notarized statement / affidavit regarding the current situation.

5 hours ago, Shjo said:

Hi,

All my processing done and I m in the last step of interview...USCIS case status online tool update is  they gonna schedule my interview  since April.

I did not apply for EAD to work.

Should I wait for interview or apply for EAD..as it seems USCIS are not processing applications and department working is on hault.

Any one has their interview done now a days or no???

General recommendation, if at any point you find yourself wondering "Should I apply for the EAD and/or AP?", my suggestion would be to just go ahead and do it. The longer you delay, the longer it'll take to get them. Depending on how you are adjusting status, it might be free, in which case the major cost is the printing/copying/photographs/mailing.

2 hours ago, Bayanoparker02 said:

@ra0010 in that part I would have said "NO" and then find a good way to respond when I will be in front of them... 

@Johnny6751 When filing your forms, you have to be very cautious. Even if you did something, always said you did not especially in PART 8... when you said YES, it makes your case more difficult than it is. Your only affirmative answer should be about violating your non immigrant status in that part.

So... you're telling them to actively mislead/lie to the USCIS on the forms they're submitting? That is YIKES.

On 5/26/2020 at 10:59 PM, jaguar89 said:

Hello everyone,

 

I hope y'all are doing good by this time, amid this pandemic issue. I'd like to know if anyone of you have received an interview status update post May 15th. I live in the state of LA so I am not sure if some of you have some updates from your AOS status and interview schedule. Stay safe to you all, and all the best with your on going case status. 

2 minutes ago, ra0010 said:

Hi there! Yes. Adjusted from F1 visa and got my combo card roughly two months before final approval. Biometrics done 5 months before.

(Not a B status.)

55 minutes ago, Ally&Axel said:

Quick question guys,

 

We filed for AOS on May 22nd and our case was received with NOA in the mail on May 12th, do I have to notify my university that I am now in a "pending adjustment of status"? Or am I still considered a F1 student at this stage? I'll be graduating in August.

 

 

You’re still under the F1 status (unless you’ve violated its terms).

27 minutes ago, ra0010 said:

Remember that I-485 should be completed by your wife. On 13 a she's supposed to write how her mail is addressed to her. So most likely she's going to write her full name there.

I’m not sure that’s how “in care of” works for mailing addresses.

If you’re mailing it directly to your wife at her address, that line may be left blank (or N/A).

I didn’t see this in the guide, BUT DON’T FORGET THE I-944!!

There seems to be two questions here: what happens if OP doesn’t go to the interview (in title), and can OP go back to their home country (in post).

(1) I assume that if you don’t go to your interview, the USCIS will deny your case. You will probably have to leave the country if your visa has already expired. That being said, I don’t think they’ll place a ban on you unless they found proof of some kind of foul play.

(2) You should be able to go to your home country and return to the US on the AP, as long as your AOS case is pending.

18 hours ago, Nat&Amy said:

It's not a mix up, not on the USCIS side at least. Tax transcripts do not show current income. You got an RFE because without paystubs, letter from employer, contracts or other documents showing current wages (as stated in the instructions for the i864), no one can determine if your wife would qualify as a sponsor on her own.

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.

You may respond with more supporting documentation and an explanation, but I would also recommend obtaining a joint sponsor if that’s feasible.

4 minutes ago, Richie Rich said:

Yes , they came on a K1 visa and are married . 

Is it possible that they can self sponsor themselves if the petition is denied. Someone said it has happened before and they filed as  a self sponsor. 

I think the bigger issue is that the I-485 cannot be processed without an I-130. If the petitioning spouse doesn’t want to submit / wants to withdraw, the beneficiary cannot proceed.

One solution may be to switch to VAWA, but it’s unclear if the beneficiary is a victim of abuse.

I think this is a grey area IMO. If you were volunteering to help keep patients company and assist family members with odds and ends, I might be more inclined to say it’s volunteering (humanitarian work). Office administrative work might more likely be seen as unpaid employment, and I’m leaning toward your partner’s argument to avoid it.

Let’s assume the USCIS construes this as unauthorized employment (which is illegal). Does it affect your AOS? Depends.

If you’re married to a US citizen, it will not bar you from adjusting.

If you’re married to a permanent resident, you may be barred from adjusting.

Can you try directly contacting the Embassy in DC? This regards a citizen of the Philippines being essentially stranded in the US without any valid form of identification, and the SF consulate has not responded to your requests for help. I think it merits some escalation.

Sorry, I think for these types of edge-case situations, it might be easier to aggressively pursue contact with the Embassy, since it's LITERALLY their job to protect their citizens abroad.

1 minute ago, cgcrooks said:

I've tried plenty of times. I even emailed both their email addresses, and nothing.

Ugh that sucks. Sorry. They should realize they're doing their citizen a disservice.

Do you think the calling the consulate to see if they know a work-around might be helpful? This seems like a pretty edge case.

We’re really getting into the nitty gritty of things here... but I remember in some other thread about the Matter of Cavazos and the Matter of Ibrahim?

Intent to immigrate alone is not grounds to deny AOS for immediate relatives. It’s misrepresentation to the USCIS that’s the problem.

So I guess if OP re-enters and is *never* explicitly asked, then there is no misrepresentation even though the intent was present.

However, if OP *is* explicitly asked, then that’s where the problem starts: be honest and risk denial of entry, or be dishonest and commit immigration fraud.

Follow up: Would OP be allowed in on the F-1 with plans to marry IF they did not have any intent to adjust?

It would probably look super suspicious to the USCIS... but technically legal?

You, outside the country: “I will return to the US and adjust status to become an immigrant.”

You, at the border: “I am entering the US as a student on the F-1, and as such do I not plan on becoming an immigrant.“

You have just lied to US immigration about what you’re doing in the US. NG no good.

1 hour ago, Erin86 said:

I have been unemployed for a long time and need the ead.

Have you thought about maybe expediting the EAD? Maybe working will help ease some of the frustration.

Okay, this is going to sound harsh, OP, but I have to point it out:

I’m under the impression that your spouse is a US citizen currently working in Canada, and that this opportunity presented itself while you were applying for the K-1 visa. From my point of view, it seems like you applied for AOS in December 2019 knowing that you would not be able to spend time with your spouse who works in Canada until the USCIS granted you advance parole.

And now you’re proceeding to complain about how stupid the process is, even though you knew this would have been the case since the beginning.

Perhaps delaying the AOS until your spouse returned to the US with stable employment was the better way to go.

58 minutes ago, Matrix13 said:

Mailing address in Michigan is a third part box that I have had for years as I moved to different places around the world. 

 

Probably rare to have mailing and physical addresses in far-apart places, but it is what it is. 

 

I'm still trying to figure out why the USCIS asks for your physical address, yet they don't assign your appointments for the part of the country you live in. 

I'm assuming it's for people who rely on PO boxes for mail? They generally don't live too far from the PO box though.

Hi all,

Just for a bit of background: I filed for AOS in September 2019 through marriage to a US citizen, and I'm adjusting from the F-1 status. At the time of my filing, I had answered "No" to whether or not I have ever violated the terms of my non-immigrant status.

HOWEVER, I recently realized that I had in fact violated the terms of my OPT back in 2016 (after a different degree) due to prolonged unemployment, and therefore my F-1 at the time. So now my I-485 is no longer accurate.

This brings me to my questions:

(1) How should I proceed? Do I send a letter to the USCIS?

(2) Some people have told me not to worry, and that I should point out the mistake during my interview and answer honestly. Can I actually do that?

Was there a particular reason why your mailing and physical addresses are in 2 very different states?

Edited: I got confused. Ignore this last part.

21 minutes ago, designguy said:

I would think if you reentered on AP then you won't be in F1 status, which would mean that if your AOS is denied you would no longer have access to F1 status. Not 100% sure but would be my logical conclusion

14 minutes ago, HRQX said:

No. Upon reentry you won't be in F-1 status; you'll be paroled pursuant to Section 212(d)(5)(A) of the INA.

Got it. Guess I won’t be traveling until I have the GC in hand. Thanks everybody!