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gramercygreen

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Posts posted by gramercygreen

    Traveling with AP and Maintaining F-1

    in Working & Traveling During US Immigration

    Posted

    Hi all,

     

    Some background: I currently have a pending AOS application through marriage to a US citizen, and I am adjusting from my F-1 status. I would like to maintain my F-1 status during this process, in the (worst) case that my application is denied (I would like to complete my degree, which isn't slated to happen until mid-2021).

     

    I understand that using the EAD issued from the I-765 under my AOS would violate the terms of the F-1, so I don't plan on using that at all in the months to come.

     

    It's a little more unclear when it comes to traveling with advance parole. Would I be able to maintain my F-1 status if I traveled with AP while my AOS is pending?

    Electronic birth certificate for the interview

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by gramercygreen

    I agree with the above poster. I think it's 100% worth the effort to try and get the original document---you still have 3 weeks before the interview to try.

     

    When it comes to anything regarding the USCIS, I think going out of your way to do as they instruct is absolutely the way to go. In my opinion, a months-long delay due to missing documents is simply not worth it, especially given how slowly they move and how much anxiety there is surrounding this process.

    Missed the Green Card appointment

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    4 hours ago, Aksinyushka said:

    Guys, help please!! 

     

    A week ago ago we moved to a new house, and today my husband went to USCIS website to change our address. But he saw that November 25th they scheduled an appointment for us. We decided to call to find out the exact date. It turned out that the appointment was TODAY, but we didn’t get any mail from them!! We checked our mailbox twice a week. So, we talked to a call center specialist and she said since we didn’t show up, we couldn’t reschedule over the phone. The only option is to send a letter with the explanations why we missed the interview. But as she said, we might get declined and start the whole process all over again.

     

    Is it really true?? We have been waiting for so long and might restart the whole process. 

    I am 8 months pregnant now and it’s really frustrating and discouraging.

    I’m so sorry OP. This is literally one of my worst nightmares.

     

    At this point, it might be helpful to get an experienced lawyer to help draft that letter and navigate the possible NOID. I wish you the best of luck.

    September 2019 Filers- Adjusting from F1

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

    Posted

    Canadian citizen married to US citizen (same sex)
    Concurrent filing of I-485, I-130, I-765, and I-693 (no I-131)
    Currently on F-1 student visa (still in school)
    Field office: Manhattan / New York City

    09/19/2019: Dropped off at USPS
    09/21/2019: Delivered to Chicago
    09/25/2019: Fees charged to account
    09/27/2019: Case was received (text)
    09/30/2019: Case was received (I-797C)
    10/04/2019: Biometrics appointment received (I-797C)
    10/15/2019: Biometrics appointment (fingerprints)
    11/14/2019: Ready to be scheduled for interview

    Blood test came back positive for TB

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by gramercygreen

    False positives on the IGRA/Quantiferon (as opposed to the PPD) due to prior BCG vaccination are unlikely. A chest x-ray can rule out active pulmonary TB, but it gives very little info about latent TB.

     

    In any case, I suspect you were exposed to TB at some point in the past. US treatment guidelines can be complicated, but I suspect you’ll need treatment for latent TB. It usually involves several months of antibiotics.

     

    Edit: the CDC has a couple articles about treatment of latent TB, linked here.

    August 2019 - AOS Fillers!

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    2 hours ago, CanadianMutt said:

    Hi all,

     

    I have a time sensitive job offer coming up - I can probably push it to February, but that may not be an option.

     

    Filed in August, Biometrics in late September, RFE in early November, Interview noticed 12/9/2019, interview is scheduled for January 15th, 2020.

     

    I have no updates on the EAD/Advanced Parole - is it reasonable to expect permission to work by January? What's the typical wait-time post interview?

     

    I've had an easy time with the process, suspect as a result of being processed in the Boston office / Being Canadian / long relationship and a lot of well-organized documentation. So I don't think there will be any questions post-interview - but I'd like some feedback to provide my potential employer!

     

     Anything helps. 

    Better to expedite than wait blindly IMO.

    August 2019 - AOS Fillers!

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    21 minutes ago, emeline29 said:


    In a strange turn of events - my interview has been scheduled for Charleston SC for January 28th. My local office in GA was Atlanta but Charleston was technically closer so I guess they’ve taken my case. I spoke to a tier 2 rep today and they said I could attend my interview in Charleston if I wanted! We’re considering flying over from Colorado for it because then it’s done and out of the way. 
     

    Also - Charleston just happens to be my favourite city - we got married there! Very considerate of USCIS to give me an excuse to visit again! 😆

    Silver lining? Glad it (sort of) worked out.

    Have opt EAD and 485 based EAD, do i need to switch?

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

    Posted · Edited by gramercygreen

    2 hours ago, dashu said:

    but now I have some concern: if I keep using my OPT, will it bring any risk to my 485 approval?  for example, in the GC interview, if they asked my work and EAD used , what if I tell them I use OPT?  i don't know if then will ask this, but I am just thinking. this is the thing that I concerned very much. not sure if any one have the same experience . 

     

    another thing , I am sure if you know, I am just asking here. if I use OPT, can I apply H1B through change of status in US ? or if use 485 EAD, can I apply H1B in through change of status in US? I am just thinking to have a backup if 485 got denied for the worst case.

     

     

    (1) There should be no risk for your AOS while using OPT. Just don't violate the terms of your OPT, or you're going to have to use the EAD from your AOS.

    (2) Not sure what you mean by "apply H1B through change of status".

    (3) If you use the EAD from your AOS, you will lose your underlying F-1 status. In this case, if your AOS is denied, you will be out of status and will have to leave the country. In the worst case, it is best to stick to the OPT, since you can remain on the OPT even if you are denied the AOS so long as you maintain the F-1/OPT.

    AOS denied: Overstayed Visa: Penalty leaving within and past 30 days

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    Wait. She was denied AOS because she didn't include the I-864. Couldn't she have re-filed the AOS with the proper forms within the 30-day period? Or am I just confused?

     

    Regardless, at this point, there's not much else that can be done. I think the person's going to have deal with a ban. And no, I don't think she can apply for another AOS.

     

    Travel outside of US while waiting for AOS results with EAD/AP

    in Working & Traveling During US Immigration

    Posted · Edited by gramercygreen

    Another consideration is if you have maintained a valid underlying status while your AOS has been pending. If you’re adjusting from an F-1 and remained a full-time student, even if your AOS is denied while you’re abroad on the AP, you should be able to re-enter on the F-1.

     

    Edit: Oh wait, this is the K-1 / K-3 forum. Sorry.

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