
b911
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Posts posted by b911
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10 minutes ago, Boiler said:
Begs the question why she has not filed for him.
Yes they can use a co sponsor.
Yes, it's complicated case. If on J1, can't get green card through marriage until finishing the Waiver or staying out of country for 2 years after residency program ends. My main question was whether have to wait till 3 years contract ends or can start filing from now.
I guess best to go with info on official website which is waiting till 3 year contract ends.
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11 minutes ago, Boiler said:
Is the Hospital sponsoring him for a GC?
So after completing the waiver, he still needs a hospital to sponsor him a green card?
Other route is to use his wife (US Citizen), but she doesn't work. They file tax together, but as he will be out of work after contract ends and until AED comes, I guess he can't use their tax returns / salary. Will need co-sponsor then?
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12 minutes ago, Boiler said:
Who is sponsoring him?
After residency, he was hired by some hospital on 3 years contract and that was his J1 waiver. I believe program name is called "Conrad 30". Will he need a sponsor when filing i-485? Can't show his own salary? Though technically he will be out of work once 3 years contract ends and until he gets AED.
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Hello,
My friend is a doctor who is currently serving 3rd year of J1 Waiver's 3-years work requirement. Does he have to wait for 3 years contract to complete before filing i-485? or he can already file now?
I researched a lot on Google. Some sites say, can file for i-485 once the waiver is approved - which I believe is when he started 3 years contract?
Some sites, including USCIC, say have to wait until 3 years are complete - https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/conrad-30-waiver-program
In "After DOS makes a recommendation" section
Once the Conrad 30 waiver recipient has fulfilled all terms and conditions imposed on the waiver, including the 3-year period of employment with the health care facility under their approved contract, they (and their spouse and/or child) will become eligible to apply for:
- An immigrant visa
- Adjustment of status
- An H or L nonimmigrant visa
In case if he has to wait to complete 3 years, then what's his status in USA after 3 years waiver contract ends?
Thank you in advance.
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12 minutes ago, mushroomspore said:
All info about that is right here: Continuous Residence and Physical Presence Requirements for Naturalization | USCIS
Just to be clear, physical presence and continuous residence requirements are more than just about how much time you've been in the US and how much time you've been out. The main thing about this point is that you must be residing in the same district in which you file N400 for at least three months before filing. For example, if you live in New York City but then move to Los Angeles and file N400 in Los Angeles after only 1 month, your application will be denied.
Also keep in mind that while you are a permanent resident, absences of about a year or more can cause issues with CBP when you attempt to return. Only an immigration judge can revoke your permanent resident status, but obviously you don't want it to come to that nor do you want any reason for CBP to single you out or be hardcore towards you. Technically yes, N400 requires you to be present in the USA half the time but do not take that to mean you can stay in the USA for 18 months and then leave for 18 months, come back and file N400 under the 3-year rule without issues. This pathway will cause issues for you and would undoubtedly lead to denial. There are some people who are exempt from physical presence and continuous residence (see the above link) but they're pretty specific exceptions (things like military, certain industries that require international work/travel, etc).
Sorry to throw all this info at you but obviously this is important and knowledge is power. An immigration judge, CBP and any other US government official will not take, "I didn't know" as an excuse.
Very interesting. A lot of helpful information. Looks like I have a lot to research. Thank you again.
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4 minutes ago, mushroomspore said:
No problem and make sure to save your filing window dates somewhere. Set a reminder, especially for I-751. For N400, I also wanna add that if you file under the 3-year rule, you must have been a permanent resident for at least 3 years and married to the same US citizen for at least 3 years. N400 also has physical presence requirements, so I strongly suggest keeping very good records of all trips outside of the USA until you become a citizen.
Yes, that's a good idea to set an alert.
For N400, you need to be present in US for at least half of the time, correct?
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1 minute ago, mushroomspore said:
1. Your green card will expire 2 years since you got approved. It would be illogical to tell people that they have been a permanent resident since the date of their marriage or application submission. That means they would have been entitled to work authorization and travel privileges since marriage or application submission, but marriage and AOS submission does not grant immigration benefits. You also have no immigration benefits or any official legal status while AOS is pending. And since AOS takes so long, what would be the point of back-dating the green card? If they did it that way, most people would have file I-751 in about a year since it already takes about one year to complete AOS.
2. For I-751, your filing window opens 90 days before your green card's expiry date. There's a filing calculator for N400 that you can use on USCIS' website to calculate your I-751 window. Google it.
3. Not sure where you found that info about 3 years after marriage anniversary but it's completely wrong and please only take info from USCIS' official website (every form has their own instruction packet) and/or VJ as this site is truly the most up-to-date on US immigration policies. Again, it is illogical to allow N400 filing 3 years after marriage. Your N400 window opens 90 days minus the 3-year or 5-year anniversary of your AOS approval. If people were allowed to file 3 or 5 years after marriage, previous AOS applicants would have that first "freebie year" where they were not a permanent resident and had no real legal status in the US. Why should that time count towards their citizenship's residency requirements? It cannot.
Thank you so much for detailed explanation.
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Hello, I just got approved for Green Card. I was curious what would be the next steps.
I entered the US in March 2020 on K1 visa.
Married in March 2020 as well.
Submitted i-485 Application in May 2020.
Green card got approved in July 2021. It will be conditional green card as it's less than 2 years of marriage. -- When can I file i-751? I searched and it says 90 days before 2 years of green card expiry date. I haven't received my card yet, but will expiry date be +2 years since I got married or since I submitted application or since I got approved?
And then when can I file N-400? I searched and found it's after 3 years of marriage anniversary (regardless what the expiry date on green card is)?
Thank you.
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Similar here. NYC. Applied in May 2020. Fingerprints mid-August. Combo Card received in October. Now waiting for interview date. From my observation in this forum, interview typically takes 13-14 months. So hoping to done with interview before summer ends.
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Hello, new stimulus has passed and I read they are going to consider 2019 tax filing as it's too early for 2020.
We got married in 2020 and we plan to do joint filing for 2020. 2019 my husband filed as Single.
My wife's case is ready to schedule interview. We have her SSN. Will she get Stimulus? Do we have to fill any form?
Any experience from previous stimulus payment? That time we didn't claim for my wife as she didn't have SSN back then.
Thank you in advance.
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Hello, I received my combo card last week. I had applied for SSN along with my i-485 application.
How long will it take to receive SSN card? I don't think there will be any updates regarding SSN on USCIS website.
If I don't receive it anytime soon, then what will be better option? Call USCIS or apply for SSN through SS office?
Thank you in advance for your help.
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Hello, I am planning to travel. I wanted to know your experience coming back in the US with AP (especially during Covid).
There are restrictions to who can enter and not. From my understanding, US Citizens' wives are excluded and should have no issue coming back even if transiting through Europe or coming back from countries with high number of cases. Am I right?
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Actually you do need SSN to apply for health insurance. But when you tell them your situation about K1 Visa and pending SSN application / i-485, they will give you 3-6 months to provide them SSN.
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18 hours ago, RCable said:
My husband got his EAD last week. He had his biometrics appointment on 08/12
That's really fast. Only applied for EAD or AP didn't approve yet? I thought generally both approve at a same time.
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Hello, I am curious whether anyone who did biometrics after ASCs re-opened in July got their AP / EAD approved?
Regards
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46 minutes ago, kat10kat2 said:
Hello! So we submitted it back on Feb. 19 2020. We originally got our biometrics appointment letter I think around the start of march for march 18 I think, but they all closed a few days before. So this is our reschedule appointment
Thanks! Where you about to bring your spouse or did you have to go in alone?
They are not allowing anyone unless it's a must. Mine took 5 minutes, went in, no one was there. Got done with it quickly. Thought it was in NYC.
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Hello, I had given fingerprints on Aug 14. That day case update was "fingerprints applied to the case". Now yesterday case status changed to "Ready to schedule the Interview".
How long does it take now to receive AP and EAD?
Does that also mean they are satisfied with documents I had submitted? Or still a chance of RFE?
Thank you.
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Their site says 4-6 months for travel and work permit. They are at Feb end cases right now. So about 6 months if you just applied in August. Unless they pick up the speed (possible as there won’t be that many cases submissions Mar-Jun COVID period).
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1 hour ago, Ashu25 said:
Thanks
so your biometrics is done , correct?
i have applied for Aos , traveL n work. So after biometrics the travel n work take 1-3 months ? I know Aos takes time.
feb cases ohhh , means lot of timehow did you check that
Yes biometrics done.
Case received - Mid-May
Biometrics - Mid-Aug
Hoping all Documents are fine and they don’t ask for more documents, then I expect to receive work, travel permit by Oct-Nov. Currently estimated time is 4-6 months as per their website.
You can go to USCIS Processing Times page and select I-131 form and NBC office (unless yours different)
EDIT: Your timeline says Chicago office, but I don’t see that option on processing times page. Re-check your NOA letter. It says service center at bottom left.
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4 hours ago, Ashu25 said:
Hi
Do you know the process n time after biometrics?
Normally after Biometrics, you would get work permit, travel permit, social security, if you applied. Processing time page shows that NBC are at Feb end cases. My case was received by them mid-May so I am expecting an update in 1-2.5 months. If you get lucky, then you’ll get green card directly in 1-3 months time. This seems to happen with very rare cases, but if they have a heavy backlog due to COVID, then interview might be waived for a lot of k1 AOS applications as 1 interview is done already during k1 time -
Received my biometric appt as well.
Case accepted : 5/18
Biometric letter date : 7/28, in hand 8/4.
Latest update on their my case status site still shows fingerprint fees received.
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36 months is for rare cases. Most cases will be approved in less than a year.
when I applied for K1, it said 8 to 12 months, but was approved in 3.5 months.
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I also used all same paperwork, just replaced whole 485. Kept check same too as it’s valid for 6 months and by time I got package back, it was just a month done. Make sure to follow directions that came with package that was returned (having the green paper on top to let them know it’s re-submission of returned paperwork).
What is next after biometrics?
in Adjustment of Status from Work, Student, & Tourist Visas
Posted · Edited by b911
Hello, I sent package of i-130, 485, 131, and 765 package in August. They promptly received it and I had biometrics a month later in early September. Since then there is no progress.
Their case status page says 8 months for Work/Travel permit, but I heard that most get within a few months. Can people who recently received Work/Travel permit share their experience?
Also my main question is, after fingerprint, my friend said case status would update saying "Fingerprints were applied to the case". But that hasn't happened with my case. Should I be concerned that something could have gone wrong with Biometrics?
Edit: It doesn't say "Fingerprints were applied to the case", but there is an update on Date and message is, As of (date after fingerprint), we are actively working on the case.
Thanks in advance.