B&E

Thanks for all the comments.

It turns out that the IO I spoke with was just really bad at their job.

I received a reply to my letter to my senator within 24 hours stating that the EAD was approved on Jan 15th, but not made or sent because no biometrics had been done. The biometrics is scheduled for the 18th of March now and as soon as it's completed and in the system the EAD card will be issued and sent.

We DO NOT have to resubmit an I765.

The DO NOT was also bolded on the email from my senator (actually someone working for them).

So, we are still ok, though the bio should have been made months ago, at least we don't have to resubmit or anything.

I was so astonished and happy with the reply I got from the senator's office that I called that person and thanked them, explaining how much I appreciated someone who was willing to do their job well and help us.

I'm going to start by saying that I hope I'm wrong in this case and that it was just a bad misunderstanding, both for our sake (my wife and I) and the sake of the people we spoke to today via the USCIS 1-800 number. I'm going to make it as short and sweet as possible.

Called today around 10am, spoke with a rep, who's name and ID I wrote down. Asked about the fact we had still not received a biometrics appointment for the I765 or I485, and it's been like 110 days now. She stated she did not have any information for me and I needed to schedule an appointment with a local office, which is 2.5 hours away from us. I expressed that I was not happy to have to drive 5 hours round trip because they made a mistake, and yes I probably said it a little more angrily than I wanted, but I was frustrated. I then asked if she had a manager or supervisor I could speak with. She just said, yes, hold please.

I was then in contact with someone who stated their name (no employee number) and to hold. Later she came back on the line. I first asked what her employee ID was. She said she did not have one, that she was an immigration officer. I believed her and continued with my story, explaining that we had not gotten the biometrics appointment. She asked for the case number, which I gave and she looked it up. She asked for our address and once given stated that the EAD card had been issued and sent on Jan 15th. I asked her to verify the case number I gave her, because that didn't sound right. When I check the uscis.gov system right now the last status shown is Jan 16 2009, Application Pending. She verified the case number. I then stated we had not received the card. She said it must have been lost in the mail and asked if my wife was on file as being at the address. I stated yes, she is. She'd been here many months, our bank account gets here just fine and she's received numerous letters. I asked why the other people I'd talked to, 3 people via 1-800 number, since Jan 15th have not told me it was issued and sent. She stated that she looks at a different system than them. I then asked if it was possible that her system showed it as issued, but there was an error somewhere between when it was updated to "Issued" and it actually being put into the mail. She said that was not possible. (this is the one thing so far she said that I completely did not believe or agree with.) I then asked if it could be re-issued since we didn't get it. She said, no. We have to resubmit the application and $340 to process it since, "we've already done our job." I was again upset and asked her if anything in what she just said sounded wrong. She said, "It sucks, I know." After a little more question asking, without luck, I finally asked her if she could verify my I485 case status, as I didn't want that to end up in the same situation with that. At that point she told me the system was down. I stated I would wait, as I didn't want to risk anything happening to the I485. She then said, "that can take 12 months or more to go through". I asked again if the system was still down and she said yes. So, I believed her, thanked her for her time and hung up, very upset.

When I got home today from the office, we had in our mail a biometrics appointment with both the I485 and I765 listed on the appointment letter. After spending the evening thinking about this I have a theory and questions.

#1) Are there immigration officers who work answering questions via the 1-800 number that you can be elevated too AND Would there be a reason they don't have an employee ID?

#2) Would said IO have access to a different database than the initial representatives? Has anyone else had that?

#3) Would USCIS ever be almost 3 months behind in updating their online system to reflect the card was issued? I know that for her K-1 petition and AP approvals, I got the email and online status updated about a week or 10 days before we got the actual paperwork in the mail.

#4) Would USCIS really not re-issue an EAD card if it was truly lost in the mail? Do they not keep a record of the paperwork all approved and they'd just literally need to see, yes, this was approved in Jan, re-issue, or would they really expect someone to pay another $340 and resubmit paperwork?

#5) Was anyone on the phone with the 1-800 number yesterday around 10:30 or 11:00 and the system was down?

Here is my, admittedly disheartening, theory. The first rep did not like that I got upset and decided to transfer me to her buddy, who sits next to her. I am transfer and the new person states she has no ID, so she can't get in trouble. Goes through the whole process of telling that, because she's bored or just a nasty person. Then at the end, decides she's done having her fun and states the system is down so I'd hang up and let her go.

Here is my second, less conspiracy theory. The second lady really was an IO and everything she said was true, except her system had a gross error and I was about to resubmit and pay $340. Now, it could also be that her system is correct, but based on my previous paperwork experience and the online status, as well as receiving the bio appointment today, I'd say the EAD was not issued. I guess we'll know for sure in a month or two after the appointment.

I have decided to call the 1-800 again tomorrow and ask them the questions above. Not explaining what I'm after, I'll ask them in ways that they don't realize I'm probing.

Why:

Theory 1: I want to make sure those two ladies aren't allowed to do that to anyone else. If they did what I think they did, that's a horrible, nasty thing to do.

Theory 2: Ask why we got the biometric for the I765 and I485 if the EAD was already issued. Ask if it really was issued or if there could be a mistake and state they should train the IO about the possibility of a mistake if that's the case.

I would love some input to contrast my theory one. Please tell me I'm being paranoid and that the IO was real.

Thanks,

Ben

OK this is messed up!

I got home today to find a Biometrics Appointment Letter in our mailbox. How strange is that? I got no email notice even though I am signed up for email notifications via uscis.gov for all case numbers (I485, I765 etc). Our biometrics is 3/18/09 and it has both the I485 and I765 listed on the appointment. Soo....

Did the immigration officer lie to me? I asked her to verify the case number I'd given her over the phone when she stated it was approved and sent to us. So, I know she had the correct case number. Why would someone tell me it was approved and sent if they never got the biometrics appointment and it wasn't approved or sent?

I am a little confused, a little happy (if it means that we don't have to resubmit our paperwork and money), and a little angry if she really did lie. I guess we'll wait and see a little. Maybe it'll come, if not I have already sent my senator a letter.

I hope this works out. I'm just frustrated.

I asked this question before and didn't get a great answer. Here is what I learned today.

A biometrics appointment may not be required for an EAD. As was our case.

Unfortunately, they state the post office lost the EAD card and we would have to resubmit the paperwork with another $430.

So, nothing and nothing....

So, we tried calling again this morning 3/9/09 and got elevated to an immigration officer. She stated our EAD card was sent on Jan 15th. We never received it.

I asked many questions, such as, #1 why didn't any of the other 3-4 people I have talked to since Jan stated that the card was issued? She said she looks at a different system than everyone else. I asked can it be reissued since it never came. She stated that we would have to resubmit the paperwork and $430 more, because "we've already done the work." She suggested I call the post office, because they must have lost it. I asked if there was a possibility that there was a mistake between when her database states it was issued and it actually getting sent. She said no, no way. I said, we'll the database I'm looking at and the 3-4 other people were looking at who tried to help me is erroneously stating that it's still pending...so mistakes or errors are possible.

I tried calling my local post office, but no one there answers the phone, and honestly I don't have high hopes for that.

I will try contacting my senators and representatives, but again, not sure what good that will do.

At this point I'm more angry that they didn't tell me this 3 months ago, so that we could have resubmitted the paperwork then, than having to pay $430 because a card was lost. I'm almost furious. Even the immigration office I spoke with said "it sucks, I know." But, if I make a mistake and forget to pay the US gov. taxes for $430 and loose my tax paperwork, when the IRS knocks on my door, I can't just reply, "it sucks, I know."

SO, If you are curious...it's possible to get an EAD issued WITHOUT a biometrics appointment.

Ok, finally got off the phone with a human. Called the 1-800 number and did the 123. Got me right there.

Spoke to someone who said her biometrics appointment should have been scheduled within 30 days of NOA...so they sent a request to the local office, but I'm a little bummed because they said I have to wait 45 days for a response...a response which might be, yes we forgot her appointment, here is an appointment...which could be a month out, then wait for more paperwork, which means, it could be a while.

I'm sure glad they cashed my $1000+ check in a timely fashion.

I did the same thing (called the 1-800 number for not receiving the bio appointment within 30 days of NOA) and the operator placed a service request. Guess what was the result 3 weeks later? A letter from USCIS in response to the service request, telling me that the application is in the system that places BIO appointments at application support centers, but they cannot estimate when the appointment would be because the application centers are busy. THAT'S IT! That's the best that a service request can do for you.

If I were you, I would go for an infopass (it solved things for me, read above my first message).

Done. Got an infopass appointment scheduled this Friday. Hopefully this will light a fire under someone.

Ok, finally got off the phone with a human. Called the 1-800 number and did the 123. Got me right there.

Spoke to someone who said her biometrics appointment should have been scheduled within 30 days of NOA...so they sent a request to the local office, but I'm a little bummed because they said I have to wait 45 days for a response...a response which might be, yes we forgot her appointment, here is an appointment...which could be a month out, then wait for more paperwork, which means, it could be a while.

I'm sure glad they cashed my $1000+ check in a timely fashion.

Well, I tried calling the 1-800 number but it won't even let me speak with a human being. I guess because the 90 days has not passed yet?

I also tried looking into an infopass session, but I am not sure I understand correctly...I have to go to the closest office in person? Can't I call them/have them call me? The closest office is about 2.5 hours away.

I still have no information as unless I'm not doing something correctly, I cannot seem to contact a human being on the phone about my concern. Anyone know who to contact/what to do from here?

I got a notice in my email, from the USCIS web site stating that they had transferred the AOS to California.

How did you know that you case had been transfered to CSC? Did you get notification via mail or the information was updated on USCIS site? Anyway, I would try to call USCIS and try to find out the status of your biometrics appiontment.

OK, that's what I'm worried about. They haven't sent anything and I would hate to wait the 90 days before calling just to find out they need the biometrics and have to wait another 60 days or so...I will try calling tomorrow.

you will need a biometrics for the EAD, the card has a picture. Claudeth had to have two biometrics, the AOS was more detailed.

One more question might be this:

Would the status available through the USCIS website for our paperwork (I485 and I765) update to show that they sent a biometrics appointment notice or they are waiting for the biometrics?

Hello all, I tried asking this once before and tried searching, but the search wasn't working, kept giving me an error.

Anywho.... We sent in our AOS, EAD, AP packet on Nov 11th. Our NOAs for all three are Nov 20th. We received one RFE that we returned in about a week. We have since gotten the approved AP. Our AOS was transferred to California on Jan 9th.

We have not been contacted for a biometrics appointment at all. No letters, no emails. I have double checked to make sure they didn't send us something and I just didn't see it. I do remember on the NOAs they mention they would contact us for a biometrics appointment if necessary.

So, my question is: Is it possible they don't need the biometrics to approve our paperwork? Anyone else have this happen?

Hi everyone.

We sent our paperwork on Nov 10th to Chicago. All three, AOS, AP and EAD have an NOA1 of Nov 20th. We did get an RFE about birth certificate, which we sent back no more than one week after receiving the RFE.

The AP was approved on Jan 15th.

We have not gotten any notice about a Biometrics appointment. Are we missing a step? Are we supposed to call someone to set it up? We have not received anything in the mail telling us to do so. On the NOA it states that they would write about an appointment date, if necessary, later...

So, can the EAD and AOS get approved without a Biometrics appointment?

Hello everyone!

We're are putting together our AOS paperwork now, and I have questions on which name should we be using, for things like the cover letter and such. Should we use her maiden name or the name that's still on her Colombia Passport/K-1 VISA/I-94?

Thanks,

Ben

Well, I just wanted to let everyone know that we were approved on Tuesday. Everything went really well and smooth. Of course we were there for a long time, mostly sitting, but the time went quickly.

We arrived to the embassy around 6:30am and stood in line 3. The temperature was a little cool in the morning, but remember I'm from Duluth, MN, so I can stand alot of cold weather before I'm bothered too much. We were lead into the embassy, through security, who does take your iPod and if your phone has a camera, that too. That initial part was a little mechanical, like cattle being lead into the pasture. But, no one was especially rude to us, just indifferent and mechanical.

Once inside, we sat along the southern most wall on a very cold stone bench. It sucks your heat out your butt. There is no order there, and don't worry about getting ahead there...doesn't matter. You move slowly toward the west end of the area where they take your name and give you a folder to put all your paperwork. That took about an hour to get the folder. After that we got some cappuccinos and cheese bread thingies. Don't recommend those. We then sat near the west bank of windows, close to the green 30-31-32 windows where we'd be called next. We sat there because it was a little away from the crowd and more in the sun.

Around 10:45am Estefa was called the window 32. She talked for a little as the lady looked over our paperwork, and noticed my 2007 tax return wasn't there. Somehow, in all the shuffle we'd left it. No worries though, I had enough other financial support that they didn't seem to mind too much. We were at that window about 5-7 minutes. Then we were told to go to the North-East area to green window 2 for finger printing. So we went and waited there about 30-45 more minutes until they called Estefa for finger prints. We then sat in some chairs close to windows 2-4.

Around 12:10pm we were called up for the interview. Estefa got on the phone first and talked for about 2 minutes...they asked her about her previous trips to the US, where her siblings live etc. No questions about me really. Then the interviewer asked for me. I got on the phone and she told me thanks for coming down for the interview as it helps. I said no problem. She then asked me one question. How do Estefa and I communicate and I answered "In English. Her English is really good." The lady then said, ok, well, her VISA has been approved...go over to the DOMESA (or whatever that's called) and pay for it to be sent." She then said something like good luck or something, I don't remember because my mind had already shut off after she said approved. We went over and paid, and made phone calls from her Cell (which had no camera).

We spent some time talking with family etc...then collected our things from the security check point and exited the embassy. We walked East towards the street and were starving...since neither of us were from Bogota we couldn't really think of where to go to eat, luckily, I looked up in the distance and to the east and slightly south there was a TGI Friday's. I know, it's boring to eat something you can eat at anywhere, but we were just really hungry. We walked there, ordered some large drinks and got drunk and full. A nice little celebration to a stressful morning.

Hope this info helps future interviewers. We did have a huge packet of evidence of our relationship, photos, letters, emails, phone bills, etc. They didn't ask for any of it...I think it was because my original Question #11 extension from the Petition was very good. She did hand that back to me...nothing else though.

Thanks everyone. I'm feeling better about her birth certificate. It has all that info...so we are good to go now.

Traci,

Good luck with everything...I'm certainly going to be thinking about you and Elias on Wednesday.

Our interview is the 29th and I think we have everything set. I was able to get time to go, and found a way to afford it too (sold my house last month - finally).

To everyone else who posted, this is good information that is making me feel better too...

Ben

Hello everyone!

Well, our interview is coming up. July 29th is our date and we're very excited and a little nervous. We have followed things very well so far, and I think all of our paperwork is in order/ready to go. I'm an engineer by day, so attention to details is in my blood. hehe.

I'm just nervous that we're going to get there without a crucial item that we forget or something...Her medical appointments are this Friday, and she's been busy collecting her previous vaccination records and getting new ones. I have a full I-134, with print outs of my past W2s and Tax paperwork, as well as a signed letter on work stationary indicating my salary from my company. I'm also bringing my last 4-5 pay stubs. We have the DS-156 and DS-156K forms (I made four copies), and we have extras of her passport style photographs. She has all her DAS paperwork and she should be able to just pick up the one in Bogota (entry and exit Colombia) as she already filed for it, and paid for it. She is getting her baptism cert there in Bogota. She has her passport, and it's good for a long time. We have a nice collection of photographs, us in the US together, two separate times, with my family in many of them...my down in Colombia with her and her family, us together in California a couple different times etc. I have a long list of gmail emails and chats...around 725 of them. I'll print a few special ones, and then print pages showing the list of emails/chats. Plus I have a number of hand written letters etc, before she went to Colombia and the mail service no longer worked.

One thing I'm a little nervous about is her birth certificate. They list a very specific thing on the paperwork, (not the short form, has certain info and a copy of the folio). Well, she said all the info they are looking for is there...I asked about the folio part as I have no clue what that is. She said it has the folio number on it. Can anyone here please send me a picture of what exactly is needed? I promise I won't print/misuse your birth certificate...I just want something to send to her to see if it's what she has. Is it just a folio number? Or an actual document she needs?

She was never married, no arrests, no immigration issues and no military history so all those items are not needed.

Anything we're missing here?

I'm looking forward to a week in Bogota...never been there before. She has family and friends there, so we're staying with them and I'm gonna meet some of her extended family.

Good luck to everyone else still out there.

Ben

Great news! We received out NOA2 on May 15th.

NOA1 Dec 14th

NOA2 May 15th

No RFEs no touches prior to the approval. We are very happy and surprised.

Good luck to every still waiting.

I think so. She already has my I-134 form, signed and notarized. She got her DAS paperwork, or at least one of the two items. An appointment to check her immunizations/records.

Question for all, about the cover letter for the package 3 papers, does anyone have a template I can follow? Word format or otherwise? What all did you put in there? I want to have the paperwork ready this weekend so as soon as we get our BGT number, we can fill it in and email the embassy.

Thanks in advance.

I129F Approved Today!!!!

Sweet! It all picks up in speed from here. Are YOOOOUUUU ready?

I129F Approved Today!!!!

December CSC K1 Filer here....

Still waiting on NOA2. No word yet. No touches, no RFEs....

Sigh.

Anyone else in December still out there?

My NOA1 is dated Dec 14th 2007. From CSC.

I have no updates since then. No "touches" no "RFE"s Nothing.

I'm just wondering, those of you who are at CSC, December Filers, who have not been approved, have you gotten any touches or RFEs at all?

Thanks,

Ben

HI,

The medicals are mandatory and are only done by the Embassy-approved "MDs"

Read up on the vaccination tricks they have tried in the past to make more cash out of applicants.

Other than that, it seems you are on track. Good luck!

Great, I will try and read up and see what is going on with the vaccinations. OK, she will have to go to one of the approved MDs. No problem.

Thanks for the response!

Hello to everyone. First, thanks for all the great information so far. I've spent some time just reading through all the posts as much as possible, as well as the Colombian Embassy information section. I think I know the answer to my questions, but I want to be 100% sure, because my fiancé and I don't want to wait any longer than necessary. I'm sure you all can understand that.

Background:

We filed our I-129F on Dec 14th with the CSC. As of today, nothing yet, but we should be happening any day now.

So, soon we are going to be dealing with the NVC and Embassy in Bogota. I have read about calling NVC getting the numbers etc. So, here are my questions in regards to Packet 3/4, Medical Etc.

Regarding step 5 it appears that we don't need the medical, police records, or such just yet. Is that true? I ask because I think the packet 3 says you need everything before you send it back to them.

5. After confirming that the embassy has your package follow these steps. You do NOT need to wait until you receive package 3.

A. Prepare your package 3 response. It should include the following items only. There should be a total of 5 pages including your one page cover letter.

1. Cover letter

2. OF-169 (page 5 of packet 3 instructions)

3. DS-230 Part 1 (pages 1 & 2 only)

4. Copy of fiancée's passport (biographical data page)

The cover letter should include the petitioner's and beneficiary's names and the BGT case number. State that the beneficiary has all the required documentation ready and request the earliest available appointment.

B. Fax your response to Package 3 to the embassy at 011-57-1-(315-4155. To be extra thorough, send your package 3 response via courier such as Servientrega also.

Pertaining to the medical itself, there are only three doctors listed and they are all in Bogota. She lives in Barranquilla. Is the only way to get the medical to go to Bogota?

She has her B2 VISA, so I'm hoping that she has records of previous vaccinations etc.

Our plan right now is this:

Fill out the following forms:

1. Cover letter

2. OF-169 (page 5 of packet 3 instructions)

3. DS-230 Part 1 (pages 1 & 2 only)

4. Copy of fiancée's passport (biographical data page)

5. I-134 Form - I have already filled this out. I included last years W2 and 1040. I have easy access to the past three years W2s...maybe I'll send those as well. I also included a letter from my work stating my position, job type and salary. Anything else I should include?

WAIT.

Once we get our NOA2, follow up with NVC, Get our BGT number, fax and send in the paperwork from above (minus the I-134).

WAIT.

Get interview date.

Get police records and anything else we need, schedule medical exam and any vaccinations.

Any advice?

Thanks.