mattaco

Yeah the last one we waited about 8 months for, then got congressional help. I know it's not a guarantee, but it's a hope at least

I wonder if we can almost immediately do an expedite request for the EAD since they approved the last one. This would be for the same reason - job offer

I'm finding mixed messages about this - some places are stating that the unlawful presence only starts accruing from the date of the denial (and thus she will be ok if she decides to go home). Others are saying it's as you said, and of course nothing is spelled out clearly from USCIS. I'm ofcourse hoping it's the former - and trying not to let my bias and hope overpower what might be the truth. I don't even think our situation is that unique that they couldn't put clear guidance for people to know what the consequences of different choices are. I want her to stay - but it's been hard already and starting over is daunting. If there was any clear timeline then we could plan, but it's hard to look at another year of being stuck unable to work, unable to travel - basically just wasted time.

Yes, same reason for both. I'm contacting a couple lawyers today. My wife does not want to be stuck here again for God knows how long unable to work, go home...... Right now I'm hoping either she can go home for consular processing or that a motion to reopen will work. It's been a tough year and a half for her, and starting completely over is too much.

This is such an inhumane process. I've had permanent residence in 2 other countries, other forms of long term visas in a few others. I can't believe I come back here and this is what they system is. I'm already gathering the documents for the new i485's, I'm mainly trying to find anything I can do differently to hopefully make the process quicker. I'm looking for an immigration lawyer as well - or an aid group that can help make sure that no mistakes are made this time.

I'm not sure about that - the denial letter gives her 33 days to leave the country: "The evidence of record shows that, when you filed your application, you were lawfully present in the United States. Your period of authorized stay has expired. You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. See sections 237(a) and 212(a)(9)(B) of the INA." I would hope that based on this if you leave within the timeframe they have given you then there will be no repercussions. I have read elsewhere about people going back to consular processing - but haven't read in detail because I believe we're going to refile the AOS packet.

I know and I think that's the only way forward Won't show what was in the file, and they did receive all the financial documents. And it's been so long I don't know that I didn't mess up. When we sent the original packet I made a copy of everything, but I didn't do that for the RFE. I've racked my brain on this and simply have no way to be 100% sure I didn't make a mistake.

I am sure I did, but I have no proof of it.

Wednesday night I had a popup from lawfully that there had been a change in my wife and step daughters i130 case. When I opened it it only said the i130 was under review (or opened by an agent something like that). When I checked the other cases I saw that the i485's had been denied at the same time. We were out of town visiting family for Thanksgiving and had a 10 hour drive back on Saturday. I didn't tell my wife because the USCIS portal said the notification for why would come in the mail and I didn't want her stressed while meeting so many people she had never met before. Last night we saw that on the system the i130 for both of them has been approved. She found put on the way back, and this morning I realized there is a copy of the denial notice in the documents on the portal. The denial notice says that when I replied to an RFE in January that I did not include a new copy of the i485 as requested - the RFE was requesting more info for the i864 and this. It claimed that when I sent in my original i485 there were missing pages. I know I sent it because I could not believe there were missing pages in the i485 - I went over that thing so many times there's no way the original was missing pages! But I have no proof that I included it. And how am I to prove if I think they lost it? We applied for the i130 while in Vietnam in March of 2022, decide to do the AOS while on a trip here to visit when I was offered a job - filed it in October 2022. Got the RFE in December and replied in January. The only action on the cases otherwise was to get the EAD in July after requesting congressional help to expedite. Now after a year and a half here, nothing was accomplished. From what I can tell so far we are going to have to refile the AOS, updating all the forms and documents. The other option is for her to go back home and wait for it there, but we have 2 children, our son is dual citizen and our daughter.....I don't know if she could stay here if her mother leaves. There is no end to this is there? My wife was just finally able to get a drivers license a couple months ago, I don't even know if she gets to keep that. I know there are other options, the i290 - motion to reopen/reconsider. But all I'm reading is how unless you can prove USCIS made a mistake then there is little chance of it being successful. If we do resubmit the packet - is there any chance of them approving it sooner since the i130 is approved or are we going to wait another year for anyone to even look at it?

I just want to leave an update here in case it turns up in search and someone wants to know - EAD Applied for October 14th 2022 Expedite request sent on/about June 5th Contacted representative for assistance on June 14th EAD Standalone approval on website on June 21 - however the case status has not changed as of now (June 26) EAD approval letter received on June 26. I normally have been checking the case status using lawfully - but since the case status has not changed, I was not aware of the approval until the letter arrived. Right now I'm just waiting on my wife to wake up from a nap so I can tell her the good news I'm really hoping that the approval notice is enough to get her a drivers license, but AFAIK we should get the card in a couple weeks. I'm about to look up how long it takes for the card to be issued - the whole situation has been so stressful for the last few months that I've been only focusing on getting each step done and trying to ignore it otherwise.

Hey could you share some details of getting the AOS expedited? I don't think mine has taken long enough yet, but it feels like nothing will ever be moving forward unless I find some way to push it.

Thanks - that's exactly what I was trying to find out. I do love how they don't mind letting us stress over whether they actually have received anything in so many situations

I think we're misunderstanding each other a bit - I know it can take an unknown amount of time until it's approved but what I'm asking about is do they update the case with anything to say the expedite request has been received (or in process etc). Or is that what you are referring to? As of now the case has had no update at all that an expedite request has been made.

So there won't be any update on the website? Not even mentioning the expedite request is received?

I hope this hasn't been asked a thousand times but I haven't been able to find the answer. A week ago I submitted documents by fax for an expedite request for my wifes EAD after starting the process via Ask Emma (about a week before that). But nothing is reflected on the website. Does anything get updated on the USCIS website? If so how long should it take? The case is at NBC, I'm not sure if that matters or not. Thanks!