Delicia

I just received this email today, please note the date:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: XXXXXXXXX

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Approval notice sent.

On April 14, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

I was sponsored by my husband and started the immigration to Canada in 2005. 2 years later, we abanonded it as it hadn't even been really started yet and the wait time was projected at another 18 months at that point, and I moved back to the U.S. It took a total of 18 months to finish processing him into the U.S and by then, we had been married 2 years, so he got an unconditional GC out of it. On the paperwork side, I think the U.S. forms are easier to fill out and they require less supporting docs than the Canadian bible you have to fill out as well. (see sig for timeline)

Timing is indeed everything.

My husband and I filed a joint 2008 tax return in January 2009 using a temp tax ID number as he had not yet received his SSN (or authorization to get one). I did file claiming that I had received the $300 stimulus check over the summer and that I should of received the $1200 for being married (I do have one dependent but he was over 16 so he didn't qualify me for nore of the stimulus refund). The IRS denied the $900 and requested more info back in March 2009, but sent along the remaining tax refund without the $900 stimulus payment. My husband received his EAD in February 2009 and subsequently received his SSN. He received his GC in April 2009 and updated his SSN to remove the requirement for the EAD shortly after.

By the time we responded to the IRS, spouse had received his EAD and temp SSN number. I simply wrote a letter explaining that the SSN was issued after we filed and provided the SSN number to the IRS and low and behold, the $900 (plus interest) was direct deposited last week. My argument to the IRS: if we had waited just a couple weeks we would of had a SSN for my husband to file under and there would of been no question as to the validity of my claim for the additional stimulus payment.

Just an FYI if anyone is in the same boat.

Hubby gets GC and 2 weeks later we are buying a house.

The green (not green) card arrived today. Finito! (until citizenship application in 2012 anyway).

Btw: hubby had to register for U.S. Selective Service too. Who knew he was required to do so? (And yes, he is young enough to still be in that group of men-folk that have to do this).

Approved!

We had our interview at the Phoenix office today. Other than waiting almost an hour past our appointment time, it was relatively painless.

We were interviewed by a very (and I mean very) young 'officer' whose main questions surrounded my husband's numerous visits to the U.S. when we were dating (circa 2000 thru 2005). I think he was trying to find a time when my husband was in the U.S. beyond his visa expiration, but it never happened. He eventually dropped that line of questioning and went about reading the questions on the AOS application (e.g. do you intend to engage in acts of terrorism or sabotage, etc). We brought the numerous forms and additional documents they request for the interview, but he didn't look at many of them. They took my husband's I-94 and travel docs (Advance Parole) but didn't stamp his passport. They just gave us a form that said we were approved and we would receive an unconditional green-not-green card in 3-6 weeks and not to travel until then.

F'n finally.

So, methinks I am completely finished with immigration (I don't think I need to play a part in hubby's citizenship application in 3 years or so).

YAY! and thanks for all the help.

I am just so close to the end of this ordeal.

P.S. What exactly is the difference between the 'joy' and the 'dancing' emoticons?

Interview date scheduled - 4/6/09.

Interview date received today !!!!!!!!!!! Finally !!!!!!

1st of April in LA

YAY!!!!

Grats on the interview!

Hubby's AP showed up in the mail today.

Hubby received EAD in the mail last week. Online case status still says "On July 25, 2008 we received your application..." for EAD, AP and AOS.

We went to the SSA to get a SSN for the EAD and was informed by the SSA employee that the EAD is no longer valid as the AOS has been approved. We convinced him to still request a SSN based on EAD since I don't believe anything unless it is in writing. If it is true, very cool, no interview required.

Ok so "doing it wrong" (whatever that means...) is kind of cool.

We trudged off the the SSA to get a SSN for the hubby and the employee says... "Let me check and see what the DHS has to say on your status" (keboard clicks followed by a pause).

"Hmm might not be able to request a number for you today. Its seems like this EAD might not be valid anymore."

Me + Hubby make the "??!??" appear over our heads in a cartoon like fashion.

SSA Employee continues, "Seems like your AOS was approved already. Come back when you get your green card."

SWEEET!

EAD card just magically appeared in the mail today. IITN for the hubby came today as well. Mr Postman was feeling generous.

Exactly 3 years ago this Sunday, my husband and I began our immigration journey (see sig). Look how far we have progressed since then! *sarcasm* Still waiting on EAD, AP, and AOS....

Life just keeps getting better (*sarcasm*)

My husband and I have been in some kind of immigration process for over 3 years now which has kept one of us unemployed during that entire time. Although it is nice to have him around on a daily basis, the financial burden is killing me. We live on my income and still have 1 child at home and 1 child away at school with a child of her own who is 3 years old and diagnosed with leukemia. Since my daughter has very little income as a student, I support the grandson the best I can with helping out with medical costs. I haven't seen my daughter or grandson in over 2 years simply because I cannot afford it financially and I miss them terribly.

I have a steady salaried job complete with benefits, but I make enough to cover only the basics of living (rent, food, car payment, etc). Recently, I have had to stop taking my thyroid medication because I can't afford it any longer (in addition to the constant med management via dr visits and lab work that the doc requires before she will write a new script). My period started 20 days ago and will not stop and again, due to lack of funds (not even the $40 needed for a office copay), I just suffer through it, but I am sure it is just due to stress. Sometimes I wish my medical problems were terminal because I am just plain tired and I can get some rest when I am dead.

I am hoping my job slows down enough (I work 10-12 hour days M-F and 5-6 hours every Sat and Sun) so I can take a second job so I feel like I can breathe financially. This holiday, I will not buy 1 present for anyone and I feel terrible for my kids. I feel like a complete failure even though I live an honest life and work my ####### off. At the same time, I don't understand why USCIS is dragging out my husband's EAD like they are.

Good thing I don't believe in God or religion, because both of them would certainly fill me with rage at this point.

My online case hasnt updated since it said this:

On July 25, 2008, we received this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT, (EAD, AOS) and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

We received an RFE back in August and responded to it, and still no updates. What does one have to do?

Wow... grats to all those who have completed this or have an interview scheduled...

My husband's case still reads: We received your application for (AOS/AP/EAD) on July 25, 2008.

We received the biometics appointment stuff and completed that in August. Received RFE for medicals and Affadavit of Support additioinal information in August as well, responded, and still, all three accounts are still showing the pending status since July. Anyone have any luck getting that on-line status updated?

Hello. I just wanted to ask about how long will it take for me to receive my EAD? My husband and I filed the papers last month and USCIS received it by October 10th. Then I had my biometirc last November 14th. I am wondering if there's a possibility that I will have my EAD by December? Thank you!!! Just

60-90 Days if typical.

We submitted our EAD paperwork on July 25, 2008. Last inquiry with the 1-800-nonothing said they have until January 25, 2009 to process before it is out of processing times (and yes, they were NOT confusing the AOS application with the EAD and AP documents). Still waiting...

Still hanging around in the immigration process and no new updates although NSC needs to get to my husband's EAD and AP applications within about 45 days before they fall out of 'normal processing times' like that has any weight with them at all...

Hubby is going a bit stir crazy waiting on Employment Authorization, but who can blame him. Poor thing has been sitting on this thumbs since July.

MIL and BIL have abandoned Canada as well and are moving back to Chile next week. It keeps my husband busy organizing her move back to Chile long distance from the U.S. It seems since she never learned to speak English after 20 years in Canada, that the language barrier is causing problems hiring movers and freight companies and dealing with the banks, etc. (duh!)

My husband applied for Canadian citizenship hmm in January 2008 or so, if I remember correctly, and have heard nothing on that yet. He is unlikely to go back and finish it anyway since he has no family left in Canada and not many reasons to go back there.

And that's all folks!

You are correct and I mis'spoke' that the USC will file the I-864W. The immigrant actually completes and signs the form.

Regarding the matter around if we are eligible to file this form, there is one thing many probably don't realize regarding SSA work credits. A person can only earn 40 credtis in their lifetime; that is the cap. A person is not penalized for earning those 40 credits prior to marriage. I can work for 10 more years and not earn 1 more credit, which is the case. An immigrant can use their spouse's credits. Per the attorney, for that reason, it doesn't matter that the 40 credits I have were not earned during the marriage since it is not possible for me to earn any additional credits.

Actually, I believe it is the INTENDING IMMIGRANT, and not the sponsoring US Citizen who if they have 40 credits, they can use that to satisfy the income requirements. The amount of credits the sponsoring US Citizen spouse has ONLY applies if they work happened while the spouse was married to the intending immigrant. This was something that was particularily important to me, because I already had 40 credit hours (I've been on work visas in the US for years) based on my own work history in the US.

Taken directly from the I-864 form:

Any intending immigrant who has earned or can be creditedwith 40 qualifying quarters (credits) of work in the UnitedStates. In addition to their own work, intending immigrantsmay be able to secure credit for work performed by aspouse during marriage and by their parent(s) while theimmigrants were under 18 years of age. The Social SecurityAdministration (SSA) can provide information on how tocount quarters of work earned or credited and how toprovide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;

The I-864W is worded a bit (but significantly) different:

The Form I-864 is legally required for many family-based immigrants and some employment-based immigrants to show

that they have adequate means of financial support and that they are not likely to become a public charge. Certain classes

of immigrants are exempt from the I-864 requirement and therefore must file Form I-864W instead of Form I-864 or

Form I-864EZ.

You must use this form instead of Form I-864 with your application for an immigrant visa or adjustment of status if

any of the following apply:

How Is This Form Used?

(1) You have earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters or SSA coverage, you are exempt from the requirement to file Form I-864. You can acquire 40

qualifying quarters in the following ways:

By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act with quarters worked

by your spouse during the marriage or a parent during the time you were under 18 years of age; or

Working in the United States for 40 quarters in which you received the minimum income established by the

Social Security Administration

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which the spouse or

parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you have or can be

credited with 40 quarters of coverage.

So, I (the USC) file this in lieu of the I-864 and use my credits to statisfy the earnings requirement. Perhaps the odd wording on the I-864 is why it is an overlooked option?

I recently received a 'yelllow slip' on the I-864EZ that I filed with my husband's Adjustment of Status/EAD package. My situation was this:

I am the sponsor for my husband. I lived with my spouse in Canada for 2 years and returned to the U.S. in October 2007 after accepting a job here. We originally filed an I-130 for an IR-1 visa and were going through the consular processing. He was visiting me in the U.S. when the I-130 was approved so we decided to forego the consular processing and switch to the Adjustment of Status path. I submitted an I-864EZ with the AOS package based upon my current 2008 income which is more than 3x the required minimum. The I-864EZ was rejected because my income did not meet the minimum per my 2007 tax return (I had begun working again in October 2007 so the tax return only reflected 2 months of income). I had submitted supporting evidence of my income like several paystubs and a letter from my employer indiciting my job was full-time, permanent and verifying my current annual salary, but still USCIS rejected it and a phone call to USCIS, I was informed that they only look at the tax returns/transcripts in making their determination.

I contacted an immigration attorney (friend of my boss actually) who provided me with some free information. If the USC has at least 40 quarter credits with SSA (roughly 10 years of work history), they can file a I-864W along with their SSA statement of contributions, to satisify the income requirements and skip the whole co- or joint sponsorship deal.

Just thought I would pass along this info as I had never read anything about this before on this forum.

Actually, I believe it is the INTENDING IMMIGRANT, and not the sponsoring US Citizen who if they have 40 credits, they can use that to satisfy the income requirements. The amount of credits the sponsoring US Citizen spouse has ONLY applies if they work happened while the spouse was married to the intending immigrant. This was something that was particularily important to me, because I already had 40 credit hours (I've been on work visas in the US for years) based on my own work history in the US.

Taken directly from the I-864 form:

Any intending immigrant who has earned or can be creditedwith 40 qualifying quarters (credits) of work in the UnitedStates. In addition to their own work, intending immigrantsmay be able to secure credit for work performed by aspouse during marriage and by their parent(s) while theimmigrants were under 18 years of age. The Social SecurityAdministration (SSA) can provide information on how tocount quarters of work earned or credited and how toprovide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;

I recently received a 'yelllow slip' on the I-864EZ that I filed with my husband's Adjustment of Status/EAD package. My situation was this:

I am the sponsor for my husband. I lived with my spouse in Canada for 2 years and returned to the U.S. in October 2007 after accepting a job here. We originally filed an I-130 for an IR-1 visa and were going through the consular processing. He was visiting me in the U.S. when the I-130 was approved so we decided to forego the consular processing and switch to the Adjustment of Status path. I submitted an I-864EZ with the AOS package based upon my current 2008 income which is more than 3x the required minimum. The I-864EZ was rejected because my income did not meet the minimum per my 2007 tax return (I had begun working again in October 2007 so the tax return only reflected 2 months of income). I had submitted supporting evidence of my income like several paystubs and a letter from my employer indiciting my job was full-time, permanent and verifying my current annual salary, but still USCIS rejected it and a phone call to USCIS, I was informed that they only look at the tax returns/transcripts in making their determination.

I contacted an immigration attorney (friend of my boss actually) who provided me with some free information. If the USC has at least 40 quarter credits with SSA (roughly 10 years of work history), they can file a I-864W along with their SSA statement of contributions, to satisify the income requirements and skip the whole co- or joint sponsorship deal.

Just thought I would pass along this info as I had never read anything about this before on this forum.

I recently received a 'yelllow slip' on the I-864EZ that I filed with my husband's Adjustment of Status/EAD package. My situation was this:

I am the sponsor for my husband. I lived with my spouse in Canada for 2 years and returned to the U.S. in October 2007 after accepting a job here. We originally filed an I-130 for an IR-1 visa and were going through the consular processing. He was visiting me in the U.S. when the I-130 was approved so we decided to forego the consular processing and switch to the Adjustment of Status path. I submitted an I-864EZ with the AOS package based upon my current 2008 income which is more than 3x the required minimum. The I-864EZ was rejected because my income did not meet the minimum per my 2007 tax return (I had begun working again in October 2007 so the tax return only reflected 2 months of income). I had submitted supporting evidence of my income like several paystubs and a letter from my employer indiciting my job was full-time, permanent and verifying my current annual salary, but still USCIS rejected it and a phone call to USCIS, I was informed that they only look at the tax returns/transcripts in making their determination.

I contacted an immigration attorney (friend of my boss actually) who provided me with some free information. If the USC has at least 40 quarter credits with SSA (roughly 10 years of work history), they can file a I-864W along with their SSA statement of contributions, to satisify the income requirements and skip the whole co- or joint sponsorship deal.

Just thought I would pass along this info as I had never read anything about this before on this forum.

I submitted a I-864EZ with my husband's AOS packet. I based my numbers off current (2008) income. I make more than 3x the poverty limit for a family of 3 (me, husband, and 1 dependent child) but the problem is, I didn't start working until Oct 2007, so that income is not reflected in my 2007 tax return. When I submitted the 864, I provided several recent pay stubs (those alone show me above the poverty limit in 2008 as far as income earned to date), a letter of employment confirming my current annual salary, as well as the 2007 tax transcript.

Question 1. Has anyone had any luck with getting USCIS to consider current income alone for qualification?

Question 2. If I get a co-sponsor, how long is the co-sponsor's financial obligation? My husband is eligible for a 10-year unconditional green card at the end of this AOS process as we have been married for 3+ years. Since it is an unconditional GC, does the co-sponsor's obligation end at that point?

Thanks.

'Since you can't get a co sponsor I'd wait a liitle while and hit them with more recent income and paystubs. Add up recent income along with projected for the year. Make it REAL clear and simple. Another letter from employer showing you are a good employee with a future at their company.

Just my 2 cents!

How long do you have to respond? Did they send the entire petition back?

Just to clarify, my Affadavit of Support was rejected not the Adjustment of Status. As far as simplifying the 864EZ I already submitted, I don't know how to simplify it any more. They had paystubs as of mid July when I submitted it at the end of July. I wrote my 2008 expected income (I am salaried so it is easy to figure out) on the 864EZ and submitted a letter of employment which verified my annual salary, my position, and that I was a full time permanent employee.

We have 90 days to respond before they assume the petition was abandoned. We are going to respond in early November right before the 90 days expire and hope for a new 90 clock which will expire after I file my 2008 tax return. I will then just submit a new 864EZ with the new tax return. Just sucks we have to go this route but I can't think of any other options.