Joe Minero

21 hours ago, Mike E said:

How many days in Costa Rica before you file?

Hi Mike E, Probably a month.  She will easily pass the requirement for presence inside the USA for the three years prior to filing.    Is there a concern I need to be aware of??

We won't move or changed residences for the time period of her green card.   We will just be traveling to visit her kids in Costa Rica and I want to submit the n-400 a couple weeks after we arrive back in the USA.   I was misapplying the verbiage and In my mind I had incorrectly construed a requirement for physical presence inside the USA for 90 days prior to filing, which I am comfortable now was a needless worry.  

Thanks for the verification OldUser !!   And good advice on the 90 days.  

We own a house together and our USA residence hasn't changed.    Maybe I'm stuck on the physical presence requirement implying we must be inside the USA for the three months before we file (early or not).   But I feel better that I'm worried for nothing since we didn't move our residence, just will travel outside the USA during the 3 month window before we file.   If I've got it wrong let me know, because I will be making travel plans based on the presumption that I can arrive inside the USA and file the n-400 without waiting 3 months.  

The n-400 filing instructions say you have  "lived within the state or USCIS district where you claim residence for at least 3 months prior to filing."   But the instructions ALSO state you can file up to three months early.    Are they saying physical presence or just residence?   What if we want to travel outside the USA and "early file" the n-400 right after we get back?     We will meet all of the requirements but I am not sure I understand this one?    

Maybe I'm paranoid but just because you're paranoid doesn't mean they're not out to get you.

Question for the Experts.   We went the AOS route so we will need to file an i-751 Petition to Remove Conditions on Residence.    We have been splitting time between a house in USA and a house in Costa Rica, about 50% in each country since she got her green card.   I read that we can file the i-751 early, i.e. 90 days before conditional permanent resident status ends.   One condition of the i-751 is she has to be inside the USA more than half the time to remove the conditions.    Here is the tricky part, does she need to be more than 50% of time inside the USA when we file, or just when she can remove the conditions, i.e. 90 days later.     This matters a lot for our planning of the rest of the upcoming year.   I have really tried to ferret out the answer without the certainty I need.   Can anyone help with advice?

We had our interview last week.   Everything had changed for us as well because I retired.   So the officer only wanted to see proof of current income (Social Security and Pension in my case), but didn't want to see proof of assets in any way.   We overprepared probably because I had updated proof of current assets and they didn't ask for it.   They did ask if anything big had changed financially and I said no, that was the end of that. 

44 minutes ago, emeline29 said:

Normal processing. My last interview was scheduled for March but got cancelled because of covid. Think they’re slowly catching up. There was hardly anyone there this morning though, they did a good job of keeping everyone socially distanced. 

Congratulations.   And thanks for the report, I was hoping to hear they were very busy but it's good to hear they are working on regular applications again.   

On 9/4/2020 at 9:48 PM, emeline29 said:

Fantastic news! I’m trying not to get my hopes up this time until I’m actually in the interview room! 😂 I can’t take another cancellation!

I hope your interview goes well.   We are in Denver too, filed in late January.   There have hardly been any interviews in Denver since April so I'd be interested in hearing if they are going to start opening their doors to others.   Did you request emergency handling or are you at normal processing speed? 

Is this normal?   I usually just check the case status and don't usually sign into the account but when I didn't where is a "Case Status" tab and "Case History" tab.   On the i-485 these tabs show "Case is Ready to be Scheduled for An Interview" as of July 27th but the Case history tab also shows "Interview Cancelled" on July 27th.   Both say waiting to be rescheduled.    But we never got notice of an interview?    So why say descheduled?    Is this what others are seeing that are waiting for interview?

We are OAS based on marriage.    How does the medical exam timing work (form I-693).    Do they request it before the  interview?   After the interview?   Do people get the exam and send in the form un-requested?      

Anyone else have this twist to the wait for interview.   Back in May we achieved the status of "ready to be scheduled....for an interview".   Then we just had the status update that as of this date in July the status is "ready to be scheduled....for an interview".    So the only change I can see is they reset the date to end of July on the notification.   Still says they will schedule the interview and send a notice.     Anyone know what's up?    I am hoping it means they are actually scheduling interviews but I'm not sure why the updated the date in the Case Status to July?   Any clues as to what this implies as far as an interview date?

Is anyone who filed for AOS in January getting an interview ??

I have  been reviewing the timelines of a lot of December, January, February AOS filers.   It appears to me that everyone is getting to the same point of receiving their EAD's and AP but I don't see anyone getting an interview or their green card (except folks adjusting from K-1 who had interview overseas and their US interview can be waived).    With the news of a big layoff soon hitting USCIS are we going to all be in limbo for a long time or is the i-485 interview log-jam clearing and it's not apparent in the timelines yet??

Question for the experts, is it normal for an AOS interview for them to ask for birth certificates of all children?   They requested from him in his example.     So far that has not been requested of us (AOS from a B2 Visa).   So getting the birth certificates mailed from overseas will be a scramble and I hope it's not needed for everyone??      

On 4/23/2020 at 3:02 PM, Snut31 said:

I just received my EAD, I'm so happy!

 

Now, does anyone know something about the process for SSN after receiving the EAD?

 From the Social Security Website:

If you currently reside in the United States and plan to apply for work authorization from the Department of Homeland Security (DHS), you will also need a Social Security  Number (SSN) to allow employers to report your earnings to the U.S. government.

To save you a trip to the Social Security Office you can now apply for your SSN and card (SSN card) on the same application form you will use to apply for permission to work legally in the United States (U.S.). That application is the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) Form I-765, Application for Employment Authorization. If USCIS approves your application to work in the U.S. and you completed the section on the application to request an SSN card, then USCIS will send SSA the data we need to issue your SSN card. If you already have an SSN and you requested an SSN card on the I-765 application, we will issue you a replacement SSN card.

If USCIS approves your application, you will receive two documents – your Employment Authorization Document (EAD), also known as the “USCIS I-766 card” or “work permit”, and in another envelope your SSN card. We will mail your SSN card to the address you listed on your I-765 application. You should receive your SSN card no later than 7 business days after you receive your EAD from USCIS.

2 minutes ago, Lil bear said:

There has been an increasing trend recently in this type of action resulting in immediate denial of the AOS application without an RFE being issued. This is designed to stop “placeholder”’applications which are used to try to get up the pile faster. Not withhold the risk. Costs money and time and places the applicant in a non legal stay status while a second application is being filed 

Thanks, both you and Geowrian have provide excellent guidance that would not have occurred to me.  

Just now, geowrian said:

I would not suggest sending an incomplete packet. Per a USCIS memo from ~2018, they may treat any such submission as a "placeholder" filing and outright deny it instead of sending an RFE. USCIS implemented this to avoid people submitting packets to get in line with the expectation to provide documents via an RFE later.

Thank you, I have received some excellent advice on this site.  

Question to the experts on this topic.   Wouldn't he be better off sending the packet asap even if a few documents are missing.    They will review and send an RFE for anything missing and in the mean time getting his NOA faster is super urgent.   Why wait for that last missing doc to send in this situation?

21 hours ago, jaxe said:

So if my wife gets detained for whatever reason prior to USCIS receiving the packet, can she get deported and visa cancelled? what can happen? we don't want to break laws.. that border patrol agent we saw right now scared the ####### out of us saying she'll be here illegally and that she needs to leave prior to. 

 

If we send the I-539 next week, do you know approx. how long it takes for the USCIS to confirm I-485 as received? Will it matter if she's been here for weeks with no status?

 

Thank you, I really appreciate the help. Sorry.. i'm freaking out. 

You don't need an i-539 if you are trying for AOS.    Just in the packet that has been recommended to you.    Unfortunately it will take an agonizing 3-4 weeks to receive the NOA on the i-485.   I'm not sure if you actually have to have the NOA in hand to be in the "green card application pending" category,  but that is a legal status so the I-94 becomes moot at that point.   

1 hour ago, geowrian said:

K-1 is "AOS from marriage" too.

I think you means "AOS from anything other than a K-1"

Yes, thanks.   Rephrasing... has anyone had an interview waived while AOS from a B2 Visa?

Has anyone with the "AOS from marriage" category had their interview waived?     So far almost all the waivers are K-1 and one F-1.    

10 hours ago, Joe Minero said:

I am reading that K-1 Visa process can have the interview waived.   We are AOS from a B2 Visitor VISA.   Can they waive the i-485 interview in our situation or just the K-1?  

I'm reading more about K-1's and it seems to me that you are "inspected" and admitted on a K-1, implying that they will check for fraud at the border.   Is that what really goes on and so they can waive the interview because a person already was "interviewed" when they came in?   My girlfriend had a B-2 Visa so she entered at the time like all other visitors with a one or two question inspection at the window and her passport was stamped.   What is a K-1 interview like?

48 minutes ago, malajoe said:

He needs to file all his paperwork at the same time. It's called concurrent filing. 130, 485,765,864/864ez, 944 and 131. The whole jazz. I did the same but had errors on my 944 so got rejected and refiled recently.

One thing I didn't understand was you can file a 130 on line and they seem to encourage it.   So I did and followed up with the rest in hardcopy.   But I can't see any difference in the results.

I am reading that K-1 Visa process can have the interview waived.   We are AOS from a B2 Visitor VISA.   Can they waive the i-485 interview in our situation or just the K-1?  

1 hour ago, Shutout said:

If you don’t mind me asking... what kind of errors?

 

Also for places where it asks for her current address, i would put our US address and not her Mexico address?

If you are adjusting status her current address is inside the US.