pigrew

The I-751 instructions do state to write "N/A" when a question doesn't apply, or "none" instead of zero. My understanding is that they are now less strict about checking if N/A is written for things that are clearly not applicable. 

The instructions also list the initial evidence that you need to submit.

The only "required" document copy is that of the front and back of the permanent resident card. If you feel like the other documents demonstrate your family relationship (such as drivers licenses with matching address, passport stamps with the same date, etc...), then it'd be beneficial to include them.

The instructions also state that specific evidence is required if a spouse has died, in event of divorce, are abroad on government orders, or if you've been arrested or detained by police (traffic citations without alcohol/drugs don't need to be mentioned).

On 12/31/2021 at 4:28 AM, JD2 said:

Did you ever get the FOIA response?

Yes, we did get it (though we didn't need it in the end)....

It took a few months to receive the documents (I didn't take note of the delivery date). About 6 weeks after the request, we did receive a letter than the FOIA request was in queue.

In our case (F1 visa to marriage based I-485), none of the marriage evidence needed to be submitted with the I-485. At the I-485 interview, the officer did not have access to the already-approved I-130 submittal, and the interview only covered I-485 matters, with the exception that they wanted a copy of recent joint-bank statements.

Check the I-485 instructions for the evidence to submit. It's mostly medical details, address history, identity documents, and visa and immigration history.

That's a frustration.

You'll want to get the gong zheng chu to put it in writing that they cannot issue a certificate to you (and you can translate your note, and sign that it's a true and complete translation).

The I-485 instructions state how to proceed without the document they want.

The instructions, more or less, say to explain why you are unable to provide the certificate, and suggest submitting affidavits (at least two), and also secondary evidence:

Quote

....you must submit an original document from the relevant governmental authority explaining why your birth record does not exist and indicate whether similar records for the time and place are available. When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence.

If this will work, I can't say, but this is the way forward.

Please update once you hear back from USCIS.

1 hour ago, Stylish said:

I just got an update two days ago that my "interview has been scheduled" after initially filing I485 in October of 2019. Can someone please tell me what documents they took along as proof of marriage? Is it really necessary to include 2020 tax returns? 

Your appointment scheduling notice will list what they want you to bring. We had our interview yesterday, and were vastly overprepared.

The rough idea is that you need all of the US immigration documents you've ever received, all of your original documents (birth certificate, passports, etc), your EAD, a copy of everything you bring that you have not already submitted (since they will take originals if you don't have a copy). Bring a I-693 medical form if you have not already submitted one.

For the I-864, bring your most recent two months of pay stubs (or other proof of recent income).

If you have filed 2020 taxes, you very much should bring your tax transcripts of them (or a copy of the filings and W-2/1099). It's good evidence of joint financial life (you marked "married" on your taxes, didn't you?) But, if you have not filed, then no need to bring them.

They ended up taking joint credit card statements and car insurance documents from us. They didn't look at photos. Note that our I-130 was approved prior to the interview, so they didn't examine our marriage much at all.

That is different than my experience.

I mostly used the eGOV website to check status. Once you create an account, you can add ANY receipt number to your account.

If you login on eGOV, you will see the history of status updates. If you don't login, you will only see the most recent update.

I filed my I-130 online, through myUSCIS. That website lets you download notices for the I-130 (for us, the initial receipt and the final approval notice are available as PDF downloads), if you filed online. I was able to also add my wife's paper-filed I-485, I-131, and I-765 to my account. I could view status updates, but could not download receipt notices for any of the paper-filed cases.

Note that there are not online status when biometrics are scheduled. 

18 hours ago, ss.hendrix said:

Question, when the EAD is mailed out, do they provide a tracking number? I just want to ensure that it comes to my new address and not my old one. 

We had one day notice with the tracking number before it was delivered. (Indiana):

No signature was required at delivery. We have our names on the inside of the mailbox door and live in a "single-family house".

2021-02-16: Biometrics
2021-02-22: I-485 interview scheduled
2021-03-04: Online status: card in production
2021-03-05: Online status: EAD approved
2021-03-08: EAD card mailed
2021-03-09: EAD approval notice received (USPS)
2021-03-09: Online status: EAD card picked up by USPS at 5PM (with tracking number in the online status)
2021-03-10: EAD appears on "Informed Delivery"  daily email at 10AM  (expected delivery on the 12th)
2021-03-10: EAD delivered at 2 PM
2021-03-17: online status: I-130 approval

At the moment, with the 10/15/19 version of the I-864, there is no requirement for a credit report of either person. The only place that "credit" would be is if you have a mortgage on your home (in which case that amount is subtracted from the value of your house). Last year, there was a proposed revision of the I-864 which would require a credit report and much more information (similar to the I-944).

In addition, as of yesterday, 9 March 2020, the I-944 should not be submitted, so there is no need for her credit report, either.

TLDR: As of today, don't send any credit reports.

12 hours ago, Foibh said:

Status changed to interview scheduled! How long from status change to notice delivery? I literally just moved to a new apartment and no doubt they will send the notice to my old address.

For us, we got the letter 5 days after the status changed online.

Be sure to do a change of address AR-11 with USCIS, and a mail forwarding request with USPS.

47 minutes ago, millefleur said:

This is a great idea. Please update us on how it goes. We saved a copy of my husband's DS-260 for the CR-1 way back in the day but we never did so with the DS-160 when he applied for a tourist visa. Are you sure the DOS would have copies of it and not the consulate/embassy abroad?

Truthfully, I don't know if we did it properly or not, but above is my best effort at following the proper procedures. The DoS website does say to submit requests about non-immigrant visa records (filed since 1940) to the above address. DS-260 probably would go to USCIS, with a different procedure. In-progress visa requests would be sent to the embassy or consulate.

Things we didn't do:

1. Provide an Alien-number
2. State we want a copy of the filed DS-160. I hope they don't just send us a blank form.
3. Use certified mail (we just used normal first class)

Our interview is in a month, and I'm not optimistic about receiving a reply before then.

PS: For I-94 forms, one would request them from CBP, which can be done electronically. We don't have all of the I-94 forms, and hope that it won't cause any issues. I'm assuming USCIS has requested all this information anyway, so even if we say we don't have the exact dates, they'll know what was recorded (except for a brief trip out of the country by land which we have passport stamps for).

We recently submitted a FOIA request to the US Department of State for our submitted DS-160 forms (which we didn't save) so that we can make sure that they are consistent with reality and our I-130/I-485 (in preparation for an AoS interview).

For personal information from the Department of State,  the FOIA request must be either by mail or fax, and must either have a notarized signature or a signed statement that the information is correct (we did both). I've not been able to find any examples online of these FOIA requests, so I'm attaching what we wrote here. If not notarized, you must include a copy of an un-expired government-issued ID. The envelope should say "Freedom of Information Act Requst"

We included copies of the visas and passport info page. We tried to include as much info as we had which would help them locate the records.

If anyone has tried to get a DS-160 copy, were you able to get it? How long did it take?

You should change name either with a marriage license, or upon naturalization (citizenship). Generally, it's cost-free and easy to change your name as part of marriage. Changing during marriage might create some confusion at USCIS (since your visa and I-485 will have different names), but you will be able to work through it. I'd suggest NOT changing it while you have any pending applications. At a naturalization oath ceremony, you can also change your name cost-free without any issues, but that would be at least three years from now.

(As shown on our timeline,) we did biometrics 2021-02-16 during the snowstorm. We had an appointment for 8AM, but the office was closed until 10AM. We went anyway, and biometrics were completed at about 11AM. The next day, online status was marked as having biometrics applied, and two days after that, marked as "ready to be scheduled for an interview".

We filed a month before you, but got an RFIE, which might impact biometrics scheduling. Six months after we filed, we contacted Senator Young's office to see if they could get us an appointment. A week later, we were scheduled. So, it was about 8 months between filing and biometrics day, or 6.5 months between RFIE response and biometrics day.

It seemed fairly busy when we went to the appointment. The field office and ASC are together on the same floor of an office building near downtown.

National benefits center for most people.

Your I-765 receipt will have the center name and address in the bottom left. Also, the receipt number's first three letters is the abbreviation of the center name. Note that the NBC used to be called the "Missouri Service Center", and they still call it MSC in the receipts, even though it was renamed to NBC. In rare cases, your case can be transferred between centers, and that transfer should show up in your online case status (on the eGov site)

On 1/28/2021 at 7:02 PM, akma said:

Do you mean it’s illegal if USCIS received our AOS on June 5 and we’re still waiting for biometrics appointment? Where can I find the proof it’s illegal? I need to send some more information to my congressman... 

I was exaggerating a bit. I have not seen a law stating that they have any sort of deadline to issue biometrics. But, YouTube-lawyer Jim Hacking advertises that you should sue USCIS if you have not gotten your PR card within 12 to 18 months. https://asistahelp.org/wp-content/uploads/2019/02/Mandamus-Actions-Avoiding-Dismissal.pdf is a summary I just found online talking about if the government has a duty to make a discretionary decision (such as granting an EAD). I've not heard of any success is forcing EAD issuance except in cases of asylum.

My personal feeling is that it isn't worth it to sue them for an EAD (except perhaps as part of a class-action). I expect USCIS will speed up in the next few months due to the Biden administration. It'll cost you a few thousand dollars to file a suit, it's better to attack regarding the green card than the EAD.

On 1/28/2021 at 7:02 PM, akma said:

We sent a letter to our congressman at the end of December. I just got an email from him yesterday: 

 

“Thank you for contacting me for assistance. I appreciate the opportunity to address your concerns.

In order to properly assist you, I will need you to complete the attached Information Release Form to ensure that I have your permission to initiate an inquiry on your behalf. The Federal Privacy Act of 1974 (Public Law 93-579), prohibits the disclosure by federal agencies of confidential information concerning your affairs without your written authorization.

In addition, please clearly describe your issue in writing and provide supporting documentation that is relevant to your case so that I can present this information to the proper agency.” 
 

So what other documentation should we provide? We sent a copy of our I-797C notice when we first contacted him.
I’m losing all hopes. 

We didn't give any documents to them (other than the release form). We didn't say that we needed expediting. We gave them our receipt numbers, filing dates, and a message saying that it's taking unreasonably long for receive our EAD, that we have not yet had biometrics, that we did reply promptly to a RFIE, and that we got no response to service requests submitted directly to USCIS. Clearly state your basis of immigration, that you've submitted an I-485 and I-765 >6months ago, and that its taking unreasonably long for them to process your AP/EAD. We also suggested that lawmakers could remove the requirement of biometrics before EAD issuance or make some other legislative or administrative change to USCIS so that the process would go more smoothly. Make sure that you sign and submit the release form.

Our Indianapolis biometrics has been scheduled.

We contacted Indiana Senator Young's office about delays in biometrics for our I-485 and I-765 (Indianapolis ASC). A week later (on 22 Jan 2020), we were scheduled for 8AM in the middle of February. The senator's office emailed us a receipt notice which was for both the I-485 and I-765. Since it was scheduled for 8AM, my guess is that it was manually scheduled or prioritized somehow due to the congressional inquiry. The other possibility is that USCIS suddenly realized what they're doing is illegal and won't be tolerated by the Biden administration, so they've quickly cleaned up their act.

We had also filed service requests on the I-131 and I-765, but got no reply on either. My feeling is that they are unable to reply to service requests as quickly as people are creating them, so nobody is getting responses.

I'm most certainly not a morning person. I think we'll have to leave our house at 5:45 AM. Hopefully the weather won't be too bad. We'd normally just get a hotel room closer, but that's a big risk due to SARS-Cov-2.

The case inquiry date for I-131 (Advance Parole) at the NBC is now June 12, 2020 (2.5 to 5 months).

Has anyone filed a service request based on their I-131 processing time? Was there any meaningful response?

Note that it should only be submitted if you have not received any sort of case update in the last 60 days.

(We got a RFIE for the I-485 which reset our filing date to 22 July 2020. I believe that resets the I-131 and I-765 dates as well, so we are not yet eligible to submit a request. We have not yet been scheduled for biometrics in Indianapolis.)

You are required to alert USCIS within 10 days of moving. Risk of deportation and such if you do not. If everything goes quickly, they will cancel your interview, and reschedule it at your new address.

I wonder if you can take advantage of USCIS and USPS delays by submitting the AR-11 form by mail. Wait until the 9th day after moving and submit the form by mail. If you're lucky, they'll process the change of address after you have your interview (be sure to tell them at the interview that you've moved).

My response is roughly based on the website https://www.justia.com/immigration/naturalization-citizenship/moving-after-applying-for-citizenship/

(I don't have experience or knowledge of anyone in your exact position.)

1 hour ago, Nastya_7smile said:

Hello! I have a question. It’s been more than 2 month that USCIS received my response for RFE and I didn’t hear anything yet since then. I try to do something, take English classes from college, but so waiting that I can move on. I called call center they said that I can call them if my local center will not schedule me biometric interview for 90 days since July 9. So, I will wait couple weeks more, but is someone called call center about not scheduling biometric for more than 90 days...Is anyone’s here case is in Missouri office?

 

Applied: June 2

RFE: June 30

USCIS received response: July 9

Missouri office

The eGov tracker website was updated two days after our RFIE response was delivered to show that we had responded to the RFIE (birth certificate). We also got a I-693 deficiency notice soon after that. If you didn't get those, I would start to worry if the RFE response was actually delivered in your case. Can they confirm that thy got the response?

1. 2020-06-03 I-485 delivered to Chicago
2. 2020-07-07 RFIE notice sent
3. 2020-07-20 RFIE response delivered to MSC (based on USPS tracking)
4. 2020-07-22 RFIE response received notice on eGov
5. 2020-07-28 I-693 deficiency notice received
6. 2020-09-13 (Waiting for Indianapolis biometrics appointment to be scheduled)

Since our's was a RFIE, the processing time resets to the response delivery date, so I'm thinking that we have a while to wait for biometrics. There's not much we can do until the service date for the I-765 or I-131 passes.

I missed one point in my previous post (and it's too late to edit it):

The letter seems to be wrong about the priority date. The priority date should NOT change (8 CFR § 103.2 (b) (10)(i)):

Quote

The priority date of a properly filed petition shall not be affected by a request for missing initial evidence or request for other evidence.

I think that they should meant to have said the new effective "filing" date was 7/6/18, not the priority date.

The law does go on to state that for normal RFE, the processing is only suspended, not restarted.

We also had a RFIE (though only after a few weeks).

Federal code 8 CFR 103.2(b)(10) states:

Quote

If a benefit request is missing required initial evidence, or an applicant, petitioner, sponsor, beneficiary, or other individual who requires fingerprinting requests that the fingerprinting appointment or interview be rescheduled, any time period imposed on USCIS processing will start over from the date of receipt of the required initial evidence or request for fingerprint or interview rescheduling.

Based on that, it does seem that processing time resets once the RFIE response is received, so I think they are correct in the denial of a service request. However, experiences posted online seem to show that it generally only pauses the processing, not resetting it.

Receiving a RFIE after six months seems quite excessive, but perfectly legal.

On 8/26/2020 at 8:41 AM, mbssss said:

Do you know if I would have to get a new sealed envelope for the medical exam or just resubmit the one I sent in if they reject it? 

Our packet was rejected, and the lockbox opened the medical packet, and didn't reseal them. USCIS said we could just get the doctor to reseal them, but the doctor said she didn't trust any patients (it's a drug-testing place), so she wanted to reprint everything (and she charged us for reprinting). In our re-submission, we didn't include the medical forms because we were scared of it being rejected a second time.

11 hours ago, Geekosnap said:

I just received the four NOA's in mailbox today for I-130/131/485/765.

 

Does anyone knows whose date of birth is printed in the upper section of the NOA for I-130? The petitioner's (US Citizen) or the Beneficiary? 

Dare I ask if the petitioner and beneficiary are twins?

My I-130 (marriage-based) does not have any birthdate. I filed it electronically.

It contains:

Receipt number, Received Date, Priority Date, Notice Date, Page Number, Case Type, Petitioner Name, Beneficiary Name

4 minutes ago, iris@@ said:

I received my I797C for i485 in mail yesterday, but nothing for i130 except text message. Is there i797C for i130 too? Or just i485? 

Each form should receive its own I-797, so perhaps four in total: I-130, I-485, I-131, and I-765. Each is sent individually, so expect a total of two to four. If you submitted them all at once, they likely will get sequential receipt numbers (so try adding one or subtracting one to your receipt number to get more information online).

Only the I-485 receipt is super important (for concurrent filings) since it gives you legal status, all in itself.

(If only USCIS could send them all together and save postage... or maybe the extra handling would negate the cost of postage?)