enno4eva

Hello All! Finally, finally, finally, we received the congratulatory handshake from an Immigration Adjudicator!!!! It's been 7 long years with the last one being nothing but hell.

Long story short, my wife was detained in Canada last June and then sent to the states to appear for a Deferred Inspection where they put her in Removal Proceedings. All attorneys wanted $15K or more to take the case. An academic, I decided to do the research myself. I worked with the ICE attorneys and got the case terminated by the judge with a "No Opposition" petition from the ICE Lead Attorney. Then USCIS made us wait forever...again. Oh yeah...they lost our original paperwork back in 2003. Well, it was the INS at that time, but still. Anywayz, we got our interview and bammmm! Done!

Those of you interested in this journey...let me know, I'll share.

Nevertheless, my wife is LPR!!! OMG, I'm so pumped!!

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

I thought a little about how to respond to your questions. So, I'll say this. I didn't know you had to file for an immigrating spouse. I thought it was automatic when an American citizen is married. You DO know and you're waiting? For what? Let me begin by saying that when your wife files for AOS, it is her application. Not yours. Your responsibility is for the Visa based on the I130. After that, it is on her. That said, if you haven't done the I130, then you're denying your treasured bride the choice of remaining a Permanent Resident or becoming a citizen. Moreover, she can at any moment be incarcerated by ICE. Yes, at any moment. Remember, she is not a citizen and will not be privy to a public defender; after that she can and will be transeferred around the country and there IS NOTHING YOU CAN DO ABOUT IT. Have you thought about the fact that she may become or is already homesick? She can't leave being out of status and she's subject to an unnecessary ban. That's a whole different can of worms you can avoid by simply getting the process done. Go hang out at the immigration court hearings; watch how the ICE agents treat immigrants; see how familys are torn apart...then, maybe you'll see that waiting with the knowledge you have is not fair to the gift you have as a spouse.

K1 visa holders adjust status without any I-130, provided they marry within 90 days of US entry.

Thanks! I should've read the timeline about the K-1. This further makes me wonder why break the law on purpose? Noone snuck over. Adjust.

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

I thought a little about how to respond to your questions. So, I'll say this. I didn't know you had to file for an immigrating spouse. I thought it was automatic when an American citizen is married. You DO know and you're waiting? For what? Let me begin by saying that when your wife files for AOS, it is her application. Not yours. Your responsibility is for the Visa based on the I130. After that, it is on her. That said, if you haven't done the I130, then you're denying your treasured bride the choice of remaining a Permanent Resident or becoming a citizen. Moreover, she can at any moment be incarcerated by ICE. Yes, at any moment. Remember, she is not a citizen and will not be privy to a public defender; after that she can and will be transeferred around the country and there IS NOTHING YOU CAN DO ABOUT IT. Have you thought about the fact that she may become or is already homesick? She can't leave being out of status and she's subject to an unnecessary ban. That's a whole different can of worms you can avoid by simply getting the process done. Go hang out at the immigration court hearings; watch how the ICE agents treat immigrants; see how familys are torn apart...then, maybe you'll see that waiting with the knowledge you have is not fair to the gift you have as a spouse.

JUST A QUICK QUESTION!

CAN I GET A STATE ID ALREADY, EVEN IF I DONT HAVE GC YET? WILL THE EAD CARD SUFFICE? OR WHAT ARE THE REQUIREMENTS IN GETTING ONE?

THANKS IN ADVANCE...SORRY IF THIS IS OUT OF TOPIC!

I JUST HAD AN ENCOUNTER HERE WHERE THEY DONT CONSIDER MY EAD CARD AS VALID ID BECAUSE ITS NOT ACCEPTABLE AND MY HUSBAND WONDERED WHY WHEN IN FACT ITS A FEDERAL ID, ITS EVEN MORE THAN STATE ID, THATS WHY WE ARE CONSIDERING OF GETTING ONE....

IF THEY ONLY KNOW WHAT WE WENT THROUGH TO GET ONE! BUT ITS OK MY HUBBY SAID MAYBE THEY JUST DONT KNOW WHAT IS IT...

Hi J,

Yes, as far as i know your EAD is acceptable identification... don't know why they gave you a problem. It is in fact acceptable ID, esp if you present it w/ your foreign passport & ssn card.

You should be able to get a state ID using all of the above forms of identification presented together. Check the website of your local Dept of Motor Vehicles... they might be able to issue you a non-driver's license (state photo ID).

Good luck!

Wow!!! Congrats!!

Even tho it sounded like a big disappointment, that inforpass must have done some good!!

Thanks, Maeve!

Maybe it did... Have you made an infopass yet?

You and Time1300 are next!

So happy for you guys, I really hope we get ours this week. I did email Ombudsman so I'll see if I hear from them. If not my last option is infopass. The thing with infopass for us is that our car is not really reliable and we live 2 hours away from the local office and to get to the office, you have to go over mountain passes which are now very icy and full of snow. We are afraid our car won't make it up the passes which could be very slippery and icy. Otherwise I would have been there last week. Lets hope Ombudsman can get us good news. fingers crossed.

Keeping fingers crossed! Good Luck!

.

USERNAME...........SENT...RECVD..NOA/s..BIOM..VSA..RFE...AP....EAD..INTERVW..GC

Mohgli.............08/29..09/03..09/12..10/01..K3.......N/A...11/22..01/29..

Jimmy and Angela...08/30.........09/03..09/25..K3......11/22..11/25..02/10..

AnneLise+Mark......08/30.........09/18..10/15..K1...*..12/22..12/27..

VSfansfans.........08/31..09/02..09/08..10/03..F1....................12/11...A

alexpapa...........09/02..09/03..09/12..09/20..L1.......N/A....N/A...

darbyoshea.........09/02..09/04..09/04..09/30..K1.......N/A...11/03..

FaSa2008...........09/02..09/05..09/09..09/30..K1......12/02..12/02..

Tena...............09/02..09/04..09/12..09/15..F1......11/15....A....

carlosg............09/02.........09/10..10/02..K1.......N/A...11/28..

kiwibecka..........09/02.........09/10..09/30..K1......12/22..12/28..

rupa...............09/03.........09/08..09/30..K1......11/17..12/02..

satoru.............09/03..09/11..09/15..09/30..........11/25..12/01..02/10..

snakenskull........09/03..09/05..09/12..09/26...........N/A...11/20..02/24..

Ricca711...........09/03..09/04..09/08..09/25..K1.......N/A...11/22..

Tea and Honey......09/04.........09/10..10/06..K1......11/20..11/24..12/09...A

Dr_Evo.............09/04..09/11..09/15..10/07..H1B............12/29..02/09..

FromJapan..........09/04................10/06..F1......11/23..11/24..12/09...P

FaustineJason......09/05..09/08..09/16..11/20..K1......11/17....A....11/20...P

b_weeks............09/05.........09/16..09/29..K1....................

Patrick and eL.....09/05..09/11..09/18..10/04..K3...*...N/A...12/12..

beazalbob69........09/05.........09/11..10/24..K1....................

EmilyT.............09/06..09/08..09/11..10/01..K1...*..11/28..11/28..

carcar.............09/06.........09/08..10/01..F1...*..11/29..12/05..02/24..

charramal..........09/06.........09/15..09/29..K1........A......A....

Annie & Tim........09/06.........09/12..10/15..K3.......N/A...12/08..12/09...A

anxiouslywaiting...09/07.........09/10..10/01..K1........A......A....

rwerber............09/08..09/10..09/16..10/03..K1......12/08..12/08..

BabyBlueSusie......09/08..09/10..09/18..10/01..K1........A......A....

karvy02............09/08.........09/15..10/08..K1......11/29..12/08..

jb_vj..............09/08.........09/11..10/02..K1......11/28..11/28..

Stardust72.........09/09..09/10..09/16..10/10..K1...*..11/28..12/03..

hiraku.............09/09..09/11..09/15..10/04..F1.............12/08..

Tim and Glyn.......09/09..09/11..09/15..10/08..K1......12/09..12/10..

savethispatient....09/09..09/11..09/15..10/10..L1B..*..11/29....A....12/10...P

Richard90027.......09/09.........09/24..10/06..K1.......N/A..........

Awakening_1........09/10..09/12..10/01..10/29..K1...*..12/16..12/16..

slapointe..........09/10..09/12..09/16..09/30..O1........A.....N/A...02/17..

ANJING.............09/10.........09/22..10/10..K1........A......A....

Aaralyn............09/10..09/12..09/16..10/09..K1......12/04..12/06..

gray...............09/10.........09/12..10/07..K1...*...N/A.....A....

Victoria.Blake.....09/10.........09/17..10/14..K1...*................

Norman and Dijani..09/11..09/13..09/22..10/14..K1......12/15..12/19..

Maeve..............09/12..09/13..09/20..10/14..K1...*..12/06.........

Beautiful_years....09/12..09/15..09/23..10/15..K1......12/12..12/15..

cutie_fishball.....09/13..09/15..09/18..10/15..H1B.....12/23..12/26..02/13..

enno4eva...........09/13..09/15..09/18..11/26..........11/07.........

Enhjørningen.......09/13..09/16..09/18..10/22..K1...*...N/A..........

chrismatt84........09/15..09/16..09/23..10/15..F1......12/05..12/07..

cejf...............09/15..09/19..09/19..10/14..K1.......N/A...12/10..

malianqueen........09/15..09/16..09/24..10/15..F1...*..12/14..12/14..

LGU@JP.............09/15..09/16..09/24..10/16..K1...*...N/A...12/08..

Slightly Bonkers...09/15.........09/22..10/17..K1......12/13..12/15..

jlogajan...........09/16..09/18..09/25..10/16..K1......12/12..12/15..

Mark&Jo............09/17.........09/28..10/16..K1......12/05..12/09...

Precious...........09/17..09/18..09/22..10/16..K1...*...N/A...12/13..

Madhuandnatalia....09/17.........09/25.........K1.......N/A.....A....

EmilyandEric.......09/17..09/19..09/23..10/18..F1.......N/A...12/11..

Olibecca1..........09/17..09/19..09/22..10/17..K3.......N/A...12/10..01/06..

Nao................09/18..09/22..09/26..10/16..K1...............A....

time1300...........09/18..09/19..10/03..10/17........................02/10..

THAWAI.............09/18.........09/22..10/15..K3......12/19..12/19..02/13..

Saffyre............09/19.........09/29..10/17..K1...............A....

chabo..............09/19..09/22..09/25..10/17..K3.......N/A..........01/13..

Dutti..............09/19.........09/25..10/22..K1...*..12/04.........

dAlip..............09/19..09/23..09/30..10/21..K3.......N/A...12/24..01/26..

Iulia..............09/19..09/21..09/25..10/17..F1........A......A....

trawal.............09/19..09/22..09/29..10/18.......*................

michellemilitza....09/20..09/22..09/30..10/21..K1...*..12/15..12/15..

AlHayatzween.......09/20..09/22..09/25..10/18..K1....................

gladys.............09/21.........09/24..10/17..K1...*...N/A...12/12..

psiprez............09/22..09/25..09/29..10/16..K1......12/12..12/14..

jerzboi............09/22.........09/30..10/23..K1.......N/A....N/A...

debbylyn...........09/23..09/25..09/29..10/21..K1......12/12..12/12..

Jamie76............09/23.........10/03..10/16..K1......12/08..12/15..

Nagishkaw..........09/23..09/24..10/06..10/23..K1......12/12..12/12..

mamada.............09/23..10/02..10/07.........K1......12/15.........

angelike31.........09/23.........09/30..10/17..F1....................02/02..

Nani...............09/24..09/29..10/02..10/28..K1...*...N/A...12/15..

dadiss.............09/24.........09/30..10/23..K3.......N/A.....A....

Adriana Watson.....09/25.........09/30..10/18..K1..**................

~Laura and Nick~...09/26..09/29..10/06..10/31..K1...*..12/20..12/22..

LynnandAhmed.......09/26..09/28..10/06..10/25..K1......12/15..12/22..01/26..

nazman.............09/26.........10/07..10/25..K1........A...........02/17..

Gel................09/26..09/30..10/06..10/29..K1......12/09..12/13..

BH45...............09/27..09/29..10/04..10/28..K1...*..12/22..12/06..

vicmo..............09/27..09/28..10/03..10/25..H1B......N/A....N/A...

justagirl24........09/27..09/29..10/06..10/25..F1......12/23..12/23..

gazarama...........09/27..09/30..10/07..11/04...........N/A...12/20..

aomary.............09/27..10/02..10/06.........J1......12/12....A....01/13..

envy_me............09/29..09/30..10/06..10/25..K1......12/11..12/13..

blukiss24..........09/29..09/30..10/07..10/28..K1...*...N/A.....A....

mellowgeorge.......09/29..10/02..10/09..01/06..F1.......N/A..........

j.kevs.............09/29..10/01..10/09..11/05..K1.......N/A...12/15..

lucie&damon........09/30..10/03..10/07..10/29..K1........A...........

- case at CSC..

- case at MSC/NBC..

- case at local office..

- A = approved..

- P = pending approval..

- N/A = no application submitted..

- last update : Mark&Jo..

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good luck everyone!

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.

Thanks L&A,

You're right, we're only a smidgen of the immigration populace. Just the same, we've been waiting for what is turning into 7 years. We had to re-file and got a CRIS email for an RFE for our EAD on Dec 17. We still haven't received it. I think the neighbors think I'm weird always checking the mail box. hahaha. I just checked the website and got a SOFT for them sending the RFE as of the 30th!! aggggggg. What do they want?! This is not right. It's really taking a toll on my wife's health.

Nevertheless, I really enjoy reading the success stories!! All of these interview dates have me envious, but I'm excited for all of you just the same. Keep up the faith!

My husbands AOS was approved. He should have his Green Card in hand soon.

Were so excited!!!

Steph and Muz

Congratulations!

After nearly 2 years of nonsense tomorrow we finally go for our interview, although we only found out about it last week

To make things worse our lawyer just called to say we have been unfortunate and have the worst Immigration officer in Los Angeles, apparently the Lawyers call this woman 'The Dragon' now I am worried, although I have everything together for the interview...

Wish us luck, again thanks to EVERYONE who has helped me with silly questions over the past 2 years

We've been waiting 6 years! So, I'm real happy for yah! You two love eachother and tomorrow will be the BIG celebration. Good luck!!

Hey enno4eva, why did you have to wait for 6yrs and what happened if you dont mind me asking?

We filed in 2002 and got an I181: Creation of Record of Lawful Permanent Residence. Back then that was the next to final step to get the green card. However, back in those days, you filed the I485 at the local office, so there weren't any files to view on the computer. You HAD to have the actual A-File. Well, after hiring attorneys and constantly going to the District office, NOONE could give us a reason for the delay. It was when my wife needed to go to Canada this past summer where they finally told us, "There are two supervisory holds dated in 2002 and 2008 referencing a missing I89!!!!!!!!" The I89 is what USCIS needs to send to the NBC in order for the card to be produced. So after getting to the bottom of everything, I can say I kinda know a little about this immigration thing.

So my wife was granted IR6 in 2002 but unbeknownst to us, they needed her I89 (index fingerprint, two photos and a signature). Culprit? We moved for me to attend grad school at UC Berkeley. INS lost the case so to speak. Yes...we filed the AR-11 several times. So that wasn't it. Our attorneys inquired only to hear, Wait, your client's case is still pending. Yes, it was pending, but for what? It turned out they needed the I89.

So, when we were told to show up at the airport with confirmation of my wife's I181, she was detained because her green card was not in her possession. We never got her green card. It clearly says in the system IR6, but we have no card. Long story short, we had to refile after the judge threw out the case. So, here we are with all of these wonderful VJ'ers waiting on our interview.

Oh my gosh, I am so so sorry to hear about your horrifying experience with immigration, and all the hoops you had to jump through, that is nuts. USCIS is more than responsible for all the problems you both have endured and experienced. You are way more than entitled to say you know about immigration because you do, you know it now and then in 2002, so 6yrs of experience sure make you wise. I totally think you both have been robbed by USCIS/INS for your green card because you should of already have it in 2002 and you should also have been a US citizen for at least 2 to 3yrs ago. I think being blind sided like that is totally f***up and its so sad that you had to pay all of this extra money and time because of an USCIS/INS error which wasnt your fault. I think in many ways there should be liability on USCIS and for all of the problems you have gone through, they should just give you the card seriously or even better yet just grant you US citizenship because you should have already had it. I think its shitty that you had to file again and start from scratch, unbelievable. Its nice to know that both the judge and ICE agree USCIS/INS is in fault. Again thank you so much for telling your story and I am truly so sorry for all the pain and suffering you had to go through this process.

We have been robbed. But then again, that's life. It's not always fair. I must admit, it has put a tremendous strain on our marriage. It's hard to tell your wife who has not broken even a parking violation that your case is pending...i don't know why...but can you wait before you can see your family? not cool...not one bit.

it will work out in the end, but the scar is deep. just the same, i like hearing the success stories. they revitalize my hope for this system that should really be a celebration of the marriages that cross borders. love is too thick and wide to be enclosed in the abyss of US Immigration Law. when the IOs whom are usually immigrants, learn to climb down from their pedastals and actually help people that are going through what they went through...our system will improve. just my two cents.

I was with my fiance for almost a year, but we had worked together for 3 years. He was caught in our apartment about 2 months before he was going home to fix his paperwork. after he was deported i found out i was pregnant. So now we are filing his fiance paperwork, the deportation waiver and a affidavit of support. I am in the same place you are. I know it is horrible and i have cried everyday since he was taken. It will be a year in january. But i do have some advice that i got from a lawyer for you. It has really helped me feel better about all this. You need to contact your congress and explain your story to them. Once you do that ask for some help. What they will do is 'flag' your file once it is in immigration. I have a friend who works in the visa office in vermont and she says that when they see a flagged folder they pull it out of line right away and do that first. When the flag the fold it tells immigration that congress has interest in the file and they want this done quickly. Good luck and hang in there, if it is supposed to be it will, that is what i keep telling myself to hang in there until my fiance returns.

Keep in mind that your congressman will probably not get involved until your case is outside of normal processing times. I posted a reply to your topic in the other section. The mods will probably mover it to this seciton of the forum.

...also the Senator's office is not supposed to get involved if there is a deportation or the individual is in removal proceedings. rather you have to contact you district's house of representative member. That person will contact the congress liason in USCIS.

Good luck

After nearly 2 years of nonsense tomorrow we finally go for our interview, although we only found out about it last week

To make things worse our lawyer just called to say we have been unfortunate and have the worst Immigration officer in Los Angeles, apparently the Lawyers call this woman 'The Dragon' now I am worried, although I have everything together for the interview...

Wish us luck, again thanks to EVERYONE who has helped me with silly questions over the past 2 years

We've been waiting 6 years! So, I'm real happy for yah! You two love eachother and tomorrow will be the BIG celebration. Good luck!!

Hey enno4eva, why did you have to wait for 6yrs and what happened if you dont mind me asking?

We filed in 2002 and got an I181: Creation of Record of Lawful Permanent Residence. Back then that was the next to final step to get the green card. However, back in those days, you filed the I485 at the local office, so there weren't any files to view on the computer. You HAD to have the actual A-File. Well, after hiring attorneys and constantly going to the District office, NOONE could give us a reason for the delay. It was when my wife needed to go to Canada this past summer where they finally told us, "There are two supervisory holds dated in 2002 and 2008 referencing a missing I89!!!!!!!!" The I89 is what USCIS needs to send to the NBC in order for the card to be produced. So after getting to the bottom of everything, I can say I kinda know a little about this immigration thing.

So my wife was granted IR6 in 2002 but unbeknownst to us, they needed her I89 (index fingerprint, two photos and a signature). Culprit? We moved for me to attend grad school at UC Berkeley. INS lost the case so to speak. Yes...we filed the AR-11 several times. So that wasn't it. Our attorneys inquired only to hear, Wait, your client's case is still pending. Yes, it was pending, but for what? It turned out they needed the I89.

So, when we were told to show up at the airport with confirmation of my wife's I181, she was detained because her green card was not in her possession. We never got her green card. It clearly says in the system IR6, but we have no card. Long story short, we had to refile after the judge threw out the case. So, here we are with all of these wonderful VJ'ers waiting on our interview.

Oh yes, I understand, thanks for clearing that up for mw. Are you saying this happened to you, beacuse you mentioned you had problems with ICE, immigration judge etc etc, or are you saying for them that they possibly have to file the I-601 or you had too.

It's possible. Not likely. Depends on the IO.

No, we did not have to. I got the case terminated by the judge. INS/USCIS made the errors and we're the victims and the Judge and the ICE attorneys agreed.

Hi again, and your welcome for posting, hopefully the info is helpful. Awww ok, so your husband is from Toronto huh? Where in Toronto is he from? I was living in North York, to be exact, Weston Rd and Lawerence, by 401 and Weston. I dont know where Pefferlaw is? Aww New Jersey very cool, I am residing in Ohio. Oh yeah Toronto and New Jersey is definately very different. Awww ok, I thought you meant British Columbia LOL, thanks for clarifying it. They most likey did fill out the I-693 form as they printed their own copy ans filled it out and inserted in the envelope when my wife and I went to do my medical exams. How much did you guys pay for your medical exams? I think you will be fine but you should call to be sure because you dont want to get RFE in your process. RFE is request further evidence and that stops your process until you provide the evidence they send you in the mail and you have to mail it back for your AOS to resume. I personally think in my humble opinion that you shouldnt file for the I-131 because he overstayed in the US. I wouldnt file it, and wait till he gets his green card. I do think it sucks that USCIS can do this to people who are overstayers and various other situations. I think its kinda insensitive because there are so many people in this process who have family and friends they miss back home you know, but instead you have to wait it out for a few months. I am being realistic with you on the I-131, I know that I sound like a broken record, but DO NOT FILE FOR IT AND WAIT TILL YOU GET YOUR GREEN CARD. You definately have a whole lot of reading to do and it sure is very tedious, so read it carefully. Also you should refer to the guides on VJ, it has sample filled out forms, and it is a guide to show you how to fill out the forms. I think you guys will be fine and ask questions if you have any anytime. Who knows he might of been a neighbour LOL, big city, small world.

Hey Canadian...yeah small world for sure....He lived for a while at victoria park i think it's called....Civil surgeon isnt sure what they put in that envelope lol..imma have to make a trip there to make sure...I definitely don't want an RFE...we've waited long enough.....As for the I-131, to be honest, if we can save the $300+ for the document, we'd much prefer to do that. Especially if we won't really be able to use it anyway. His mother is coming to visit in the spring, and he's definitely a trooper, so he'll be ok waiting it out till he gets his green card. I just wanted to make sure that it wasn't a necessary document to fill out. If its optional, and like you said, pretty much useless for us at this point, then we'll bypass it altogether. So how's Ohio?...I'm excited to visit Canada, he tells me its similiar to NYC, except cleaner lol....I'll definitely be using the sample forms on VJ for our intensive paperwork session this weekend. Keep your eyes open for more Questions lol..thanks again

~~Chrissy~~

Awww I know where Victoria Park is, it is in the east side of Toronto mainly known as Scarborough, which is extremely far, from where I was at LOL, he would know that from being Toronto and me morely in west side techincally of Toronto, north york I dont know lol. I think you definately should see the civil surgeon just to make sure everything is cool. No you definately wouldnt want to get an RFE. Well you wont be saving $300, when you are filing concurrently, meaning the I-130 and I-1485 and the other supporting forms, the I-765 an I-131 is free and optional to file while waiting for the physical green card. Since he is an overstayer, it makes no sense to file it as, I know it must be hard for him to explain the situation back home to his friends and family, who I am sure cant wait for you guys to be able to travel. You definately have to be very very patient, theres a whole lot of waiting LOL. It is hard though not being able to travel, work etc etc freely when your in the process of immigration. Its good to know hes a trooper and it will be worth the wait in the end. I am glad that his mother is going to be able to come up to New Jersey to visit you guys. Ohio is a very nice state, I do love it here, people are very friendly and nice here, I dont regret living in this state, as I met some very cool people as well along the way. I am in a small town outside of Cleveland, I am like 45min away from Cleveland, so its a big change going from a big city to a small town, but I do like it here and I am getting use to it. You will definately love it there, theres plenty to do there. I do like the winters here in Ohio, way too much snow for my liking LOL as I am use to winter LOL, but it isnt cold and Toronto is less snow but really really cold, he can tell you that. He is right on what he told you about Toronto, thats how I describe Toronto to people here also. Definately use the resources here on VJ, they are very helpful. You guys can message me anytime if you have any questions about anything. How long has he been in the states for? What does he do to pass the time because he will definately be home a whole lot LOL and what kind of work does he want to get into once he can work? Tell me hes a leafs, raptors or blue jays fan? What do you do for work? Take care you guys and thanks again for replying back.

I meant to ask and it slipped my mind, if you dont mind me asking, how did you guys meet? I know I am asking alot of questions LOL, but what are the odds of meeting a canadian in the US. I met my wife on myspace, if you want to know. It was crazy that we were only like 4.5hrs drive from one another at the time.

Oops!! I601 is what I meant.

You mean the waiver form, what about it, I am quite confused with what you mean.

I601 is filed for those not being approved for their Green Card because of being inadmissable. Usually they have accrued unlawful status or left the country out of status and tried to re-enter the U.S.

Hope that helps.

After nearly 2 years of nonsense tomorrow we finally go for our interview, although we only found out about it last week

To make things worse our lawyer just called to say we have been unfortunate and have the worst Immigration officer in Los Angeles, apparently the Lawyers call this woman 'The Dragon' now I am worried, although I have everything together for the interview...

Wish us luck, again thanks to EVERYONE who has helped me with silly questions over the past 2 years

We've been waiting 6 years! So, I'm real happy for yah! You two love eachother and tomorrow will be the BIG celebration. Good luck!!

I was interview on 9/11/08 it was very brief maybe ten minutes if that, DAO(district adjudicator officer) stated that she was not going to make a decision

and that I will get a letter in the mail within 180 days with the decision, have not heard anything, now, I already made an infopass for 12/11 should I cancel that and wait it out? or what?? I appreciate any info thanks

app received on 07/07

130 was approved on 01/08

765 approved on 01/08

interview on 09/11/08

last update 09/23 not touch since then

online status (485)reads: On dec. 14 2007 we received the additional evidence and processing has resume

hmmmm, OK, I would go the INFOPass, but be prepared for them to say, "It hasn't been 180 days." If you don't get anything concrete, then contact your state's senator and your local House of Rep Member. They will make an inquiry for you to get things moving. this is NOT to say that members of Congress will get you approved. Rather, it will get the ball moving and imminent forthcoming answers.

Good Luck!

I guess USCIS wants to ensure that I know they have ordered my EAD......

Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Card production ordered.

On November 26, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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 Case Status and Processing Dates.

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

Congrats!!

Sincerely,

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

and this morning.....

Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Card production ordered.

On December 2, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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 Case Status and Processing Dates.

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

Sincerely,

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

Too bad it hadn't been my AP

Congrats!!! I sent my AOS in on the same day you did, so maybe my EAD approval is coming soonish!!!

Hey enno4eva, thanks for responding to my post.....actually, my husband didnt come to the U.S. on a visa.....I guess the status he came under was a visitor...he didnt come with any documents, visas or otherwise, there was just the inspection at the train station. As far as the I-131 goes...reading from USCIS.gov....i checked out the download instructions for the I-131 and it explains the document is for re-entry, refugee, or AP....since we have no intention of risking a ban on him coming back into the U.S. if we visited Canada, the document is pretty useless for us at this time. Is it necessary to still apply for this document being that we wont be using it?...

Canadian, i was reading the "notes" of the fee info for I-131 and it does say that if its concurrently filed with I-485, and I-130, the fee is waived, so thank you for bringing it to my attention. lol so much info to contain in my head but im movin thru it...so the way we met....actually its quite a funny story.....we met playin an online multiplayer game called counterstrike lol....its a first person shooter game, which i kno, is very odd...funny when i tell ppl we met online, they assume its from an x rated chat room lol which was sooooo not the case.....as for him, he's been here a year =( and stays home for the most part.....which is driving him nuts cuz hes used to working and being productive...but hes still productive in my opinion....he was a chef for 7 years in canada...and he's a fan of none of those teams!!! would u believe hes a senators fan!?!?

________________________________________________________________________________

__________________________________________________

Yes, when your husband crossed over by train, he was inspected and given a 90 day visitor visa. One can apply for a Visitor Visa from 3 months to 10 years in their originating country as long as he/she meets some simple requirements. There are some countries that have a waiver for this Visa. Canada is not one of them. RATS! Just the same, when your husband came over, he most likely was enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the National Security Exit Entry Registration System (NSEERS). Why is this important? Because, when we apply for the loves of our lives to be immigrated, USCIS will require the applicant to have a record of being properly admitted into the U.S. So, circumventing the system can be very bad for you. For example, let's say your husband is just too homesick and must hear a comfortable "eh!" and returns home with his passport. There's a hit for his departure. Then he "sneaks" back by driving across. I mean heck, CBP doesn't check EVERY car coming across. WRONG. Now, when you go to the interview, the IO will ask, "how did you return to the U.S.?" None of your answers will be a good so, you'll be told, "You left without A/P and you must refile because you abandoned your AOS!" OUCH!! EWWWWWWW. That's right, you have to start all over again. BUT, that's if the IO is nice. If not, they'll hand you a Notice to Appear in Immigration Court and you'll be fighting deportation. Don't get me wrong, you can and will get through that, but it will be a long and expensive process. Moreover, the IO is not going to understand and be sympathetic to, "We didn't get the A/P because we knew we were not eligible due to the unlawful status we've accrued." Way wrong answer. In fact, just for your entertainment...call an ICE attorney and they will say, IF YOU PLAN TO TRAVEL GET AN A/P PRIOR TO LEAVING!!

So get the A/P. You never know if your husband will have to leave because of a death in the family or some other family emergency. Believe it or not, there are members of DHS that do care and will help immigrants (i hear all of the grrrrrrrrrrrrrs). Leaving under those circumstances is classified as Humanitarian, but leaving w/out an A/P is the worst and nothing good will come of it. Having the A/P shows that you didn't follow the rules in the past but you are now. Make sense? So, remember, I would not use the A/P in your case to travel to watch the upcoming Australian Open Tennis Championships and expect to return without incident. But going home to Canada because your husband needs to...

Remember, we're all in this together!!! Good luck!

Hi again, and your welcome for posting, hopefully the info is helpful. Awww ok, so your husband is from Toronto huh? Where in Toronto is he from? I was living in North York, to be exact, Weston Rd and Lawerence, by 401 and Weston. I dont know where Pefferlaw is? Aww New Jersey very cool, I am residing in Ohio. Oh yeah Toronto and New Jersey is definately very different. Awww ok, I thought you meant British Columbia LOL, thanks for clarifying it. They most likey did fill out the I-693 form as they printed their own copy ans filled it out and inserted in the envelope when my wife and I went to do my medical exams. How much did you guys pay for your medical exams? I think you will be fine but you should call to be sure because you dont want to get RFE in your process. RFE is request further evidence and that stops your process until you provide the evidence they send you in the mail and you have to mail it back for your AOS to resume. I personally think in my humble opinion that you shouldnt file for the I-131 because he overstayed in the US. I wouldnt file it, and wait till he gets his green card. I do think it sucks that USCIS can do this to people who are overstayers and various other situations. I think its kinda insensitive because there are so many people in this process who have family and friends they miss back home you know, but instead you have to wait it out for a few months. I am being realistic with you on the I-131, I know that I sound like a broken record, but DO NOT FILE FOR IT AND WAIT TILL YOU GET YOUR GREEN CARD. You definately have a whole lot of reading to do and it sure is very tedious, so read it carefully. Also you should refer to the guides on VJ, it has sample filled out forms, and it is a guide to show you how to fill out the forms. I think you guys will be fine and ask questions if you have any anytime. Who knows he might of been a neighbour LOL, big city, small world.

Hey Canadian...yeah small world for sure....He lived for a while at victoria park i think it's called....Civil surgeon isnt sure what they put in that envelope lol..imma have to make a trip there to make sure...I definitely don't want an RFE...we've waited long enough.....As for the I-131, to be honest, if we can save the $300+ for the document, we'd much prefer to do that. Especially if we won't really be able to use it anyway. His mother is coming to visit in the spring, and he's definitely a trooper, so he'll be ok waiting it out till he gets his green card. I just wanted to make sure that it wasn't a necessary document to fill out. If its optional, and like you said, pretty much useless for us at this point, then we'll bypass it altogether. So how's Ohio?...I'm excited to visit Canada, he tells me its similiar to NYC, except cleaner lol....I'll definitely be using the sample forms on VJ for our intensive paperwork session this weekend. Keep your eyes open for more Questions lol..thanks again

~~Chrissy~~

Awww I know where Victoria Park is, it is in the east side of Toronto mainly known as Scarborough, which is extremely far, from where I was at LOL, he would know that from being Toronto and me morely in west side techincally of Toronto, north york I dont know lol. I think you definately should see the civil surgeon just to make sure everything is cool. No you definately wouldnt want to get an RFE. Well you wont be saving $300, when you are filing concurrently, meaning the I-130 and I-1485 and the other supporting forms, the I-765 an I-131 is free and optional to file while waiting for the physical green card. Since he is an overstayer, it makes no sense to file it as, I know it must be hard for him to explain the situation back home to his friends and family, who I am sure cant wait for you guys to be able to travel. You definately have to be very very patient, theres a whole lot of waiting LOL. It is hard though not being able to travel, work etc etc freely when your in the process of immigration. Its good to know hes a trooper and it will be worth the wait in the end. I am glad that his mother is going to be able to come up to New Jersey to visit you guys. Ohio is a very nice state, I do love it here, people are very friendly and nice here, I dont regret living in this state, as I met some very cool people as well along the way. I am in a small town outside of Cleveland, I am like 45min away from Cleveland, so its a big change going from a big city to a small town, but I do like it here and I am getting use to it. You will definately love it there, theres plenty to do there. I do like the winters here in Ohio, way too much snow for my liking LOL as I am use to winter LOL, but it isnt cold and Toronto is less snow but really really cold, he can tell you that. He is right on what he told you about Toronto, thats how I describe Toronto to people here also. Definately use the resources here on VJ, they are very helpful. You guys can message me anytime if you have any questions about anything. How long has he been in the states for? What does he do to pass the time because he will definately be home a whole lot LOL and what kind of work does he want to get into once he can work? Tell me hes a leafs, raptors or blue jays fan? What do you do for work? Take care you guys and thanks again for replying back.

I meant to ask and it slipped my mind, if you dont mind me asking, how did you guys meet? I know I am asking alot of questions LOL, but what are the odds of meeting a canadian in the US. I met my wife on myspace, if you want to know. It was crazy that we were only like 4.5hrs drive from one another at the time.

Oops!! I601 is what I meant.

Hey everyone, I've spent some time looking at your website, and thought it would be a good time to possibly get some guidance. My husband is Canadian, I am a U.S. citizen. We got married in May 08, he's been in the states since Nov 07. He didnt come on any visa, didn't fill out any forms, just a regular inspection on the train. We hired an immigration lawyer to handle the paperwork for him a week or so after we married. As of Nov 08, our lawyer did NOTHING with our case. So he returned our money, and now we are doing the papers ourselves. We already had a medical exam done, so we don't need that but here are my questions. 1. Is it true that there is no fee for the I-765 form (EAD) if you file it with the I-485? Also, he has been here over a year now, is it considered an overstay?...Is it possible grounds for denial? I read on a forum, not this one, that once the paperwork goes through, because he came here legally, and we married legally, the overstay will be forgiven. Our lawyer really screwed us because we were under the impression our case was being worked on. 5 months down the drain but we are getting through it. My last question is I also read that in 90 days, he will get a temporary work permit which will allow him to work. Can someone please confirm this, everytime i call the USCIS with these questions, but I get different answers depending on who i get on the phone. Thank you so much for all your help, I love this site, and will be posting my progress as it happens.

1. no fee with I-765/I-485

2. Overstay forgiven

3. work permit in 90 days

Thanks again

~~Chrissy~~

Hi Crissy welcome to VJ, and you have definately come to the right place to ask for advice as everyone in here is very knowledable and nice. Your story sounds very similar to our story, I got married to my lovely USC wife in May 08 as well and I came to the US as a visitor, as I am Canadian as well. Before all of the immigration stuff, we both didnt know much about the process, but you sure do learn about it as you go along. We had no plans to get married, it was spur of the moment. We didnt file for my AOS for a few months due to financial reasons. as its very expenisive. We did do a consulation with a lawyer to ask questions about the AOS process and to ask about minor details such as my travels back and forth from the US to Canada. The lawyer said, I would have no problems filing and we went ahead and did it ourselves. It is overwhelming and confusing at first to understand how to fill out the forms and what have to do, but it wasnt as hard as we thought it would be, but its morely just compling and organizing and putting the necessary documents together. We are glad we did it on our own as it is a waste of money to use a lawyer because you would have to gather all the documents and evidence anyways. We filed in the last week of October and so far so good. I am now playing the waiting game. I did not apply for A/P as my status was declared as out of status, but I did apply for an EAD. I am sorry to hear about your experience with your lawyer and that is the main reason we were against relying on a lawyer as not all are like that, but just having something being in the hands of someone else is nerve wrecking. Just make sure you read the instructions very closely and clearly and re-read the instructions again if you have too. Ask questions here, if you dont understand something, we are here to help. Your husband should be fine and did you guys plan to get married when he last crossed into the US? Since he is married to you now, an overstay is forgiven. You have to pay $1365 for I-130, I-485, I-693, I-864 and the I-765 is free and considered optional if you want to apply for it. Make sure, this is important, he needs to order the long form birth certificate, not the card one, it is not accepted. You need to get 6 passport pics of him and 1 or 2 of you, make sure they are passport specifications. Dont apply for an A/P because since hes considered an overstayer, it wouldnt be wise for him to use the A/P as it doesnt gurantee that he will be allowed back in the US and most likey he would be denied entry back to the US if he attempted to go back and visit. I was debating about filing for an AP, but the lawyer told me it was not a good idea. I would advice him if he wants to visit Canada, to wait until he gets his green card. Yes it is true, USCIS has to give him an EAD in 90 days. USCIS are so useless and so rude, you would have a better chance to see god than to get answers from the customer reps. I hope I answered your questions and good luck to you guys.

Thank you guys so much for the info. Much appreciated. Thanks Canadianmade, my husband enjoyed your post, a nice connection to home. Is it possible to obtain his long form BC from the U.S.? Also, I saw in your post something about an A/P and form I-693. I'm assuming the I-693 is the medical exam document. We had our exam done by a civil surgeon, it is in a sealed envelope. The woman I spoke with from USCIS told me to include that envelope with the rest of the paperwork, but didn't mention filling out the I-693. The forms I was told to fill out were: for me, the G-325, I-130, and I-864. For my husband, the G-325, I-764, I-485, and I-131. She told me to fill out the travel documents as well. What exactly is the A/P? I'm assuming you're referring to the travel documents.

We plan to do our paperwork this weekend. I'll bring any questions I have here I'm sure...Thanks again!!

~~Chrissy~~

Hello Kikkilee,

OK, let's see. Unlawful status ignored? hmmmm, that's not entirely true. It seems you also have the issue of coming to the U.S. on one Visa and then getting married...that's also frowned upon. Now, it is ALLLLLLLLLLLLLL of our hopes, wishes and pleadings NONE of us have to deal with HARD NOSED IOs when it comes to the rules of unlawful/out of status and marrying while in the states on a visa other than a K-1. That said, the first thing is to get that infamous i130 approved. I know you're filing all together but it's that i130 that gets the ball going. A/P A.K.A. travel document...now if you've accrued unlawful status you're subject to a 3 and 10 year bar if you leave the U.S. and try to reenter. That warning is in PLAIN view on the travel document. Based on your I485 application and/or I130, USCIS already knows you have accrued unlawful status, yet they will still approve the A/P. go figure. Nevertheless, Border Patrol may let you return without incident or they can change your life forever by detaining you. This is true talk.

So, let's say you get your A/P, no hassles returning to the U.S. and then you get to your interview. If you get Mr/Ms. hardnose, they can say, "You need to file an I801 so that we can waive your inadmissability. You see, you were entered legally back when you got your first visa. but because you have accrued unlawful status, you are no longer admissable. therefore you should be filing back home through your consulate and be separated from your loving spouse for about 12 to 18 months. That totally sucks. However, an approved I801 waives that requirement. Unfortunately these are hard to get approved. And by the way, you have to file the I801 at the consulate as well because you're inadmissable.

So, I would take the advice of our fellow vj'ers and stay in the country and get that coveted Green Card. Don't bring up your unlawful status. Just apply like everyone else and speak when asked to and not before that. As long as you're in the states and married with a pending i485, you're good to go. So, get that app in as soon as possible. What my wife and I went through with Border patrol, ICE, immigration court, and yes, USCIS was traumatic. I don't wish that on anyone.

Good luck. You're in my prayers!

Hello folks.

It is now exactly 8 weeks since my concurrent I-130/I-485 was received. I have all the NOAs showing that they've received it and the fees are correct.

I called USCIS 2 weeks ago and they basically couldn't do anything but told me to call in when it has been 60 days since the receipt of the application. I haven't called yet (I'll call tomorrow) but is there anything else that I can do?

This is so frustrating.

Yes...very frustrating. We received our bio about 1 1/2 months after we filed. I can feel your pain when you see the average wait time to be about three weeks. Just hang in there. Calling USCIS before the 60 days is only going to frustrate you more. But on day 60 if you have not received anything, demand a service request from the IO on the phone. In fact, bypass the first service rep. THEY CAN DO NOTHING. (gr?) You want to escalate the call...so...here's a trick. You will automatically be sent to an IO if you tell the first rep, you have NOT received a receipt number nor have you received a cancelled check. Then tell them it has been more then 30 days since you filed your application. The rep will then tell you he/she will have to escalate the call!! Yup, then you'll be on your way to talking with someone who can actually snoop around and give you some definitive answers or at the very least put in a service request. This is much better than telling the whole story to the first rep only to have them tell you, "I need to escalate this call...or worse...you get someone who is determined to answer questions he/she has no way of answering and REFUSE to transfer/escalate the call. A short time after speaking with the IO and getting the service request, your bio appointment will be imminent.

Good luck!

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On December 1, 2008, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

OMG!!!!!!!! I am soo excited!!!

CONGRATULATIONS!!

Hi VJ! Got my Green Card today.Thank you all for the help!

God bless you always!

Congratulations!! Very inspiring the system works. Next...Citizenship!!

Hello September Filers! Can anyone tell me how to add the timeline to my responses. You know, the timeline that includes the touches and stuff like that.

Thanks!

Thanks eh!

Hello September Filers! Can anyone tell me how to add the timeline to my responses. You know, the timeline that includes the touches and stuff like that.

Thanks!

If I am not mistaken, if the final decision is made that results in a denial, you will receive a notice with a date that you must depart by... It is like 30 days from date of final decision.

Actually you will receive a Notice to Appear (NTA) with the charges against you. Then Immigration Court (EOIR) will contact you with a Master Calendar Hearing where you'll be asked on how you plead to those charges. Then you'll be scheduled for an individual hearing where the ICE attorney will work on deporting you. You can also apply for AOS while you're in EOIR. This is actually for the better IF you have a good case because the judge can rule and grant you LPR on the spot.

So, the first thing to do is to make sure your marriage is what it is supposed to be. You can appeal the interview denial, but that is risky if you're not in a strong marriage. Nextly, USCIS might order you for a second interview for marriage fraud. This is very serious!! If you're found guilty, you'll be permanently baned from the U.S. Please, please understan this is the ONE rule that cannot be overruled in any court. However it seems like you already had a fraud interview. AOS interviews normally happen with the couple in the same room whereas the Fraud Interview is like the one you had. So, if you're given an NTA and you know you're marriage won't make it, you have the option to voluntarily leave the U.S. You 'll mkae that concession in EOIR. There are other options such as Asylum or if you're in an abusive relationship (which I pray you're not). All in all, you NEED to contact a good attorney. If money is tight, go to the EOIR website and get the list of Pro Bono Attorneys and Associations who can and will represent you in EOIR. Don't wait! I'm not talkin out fo the side of my neck. I have been through the process and personally got the judge to terminate my removal proceedings.

Good luck. We will all pray and/or wish you the best of luck.

Hello my fellow Han ###### Sa Rum Ddul! Ok...make an info pass appointment right away. Bring your airline ticket and/or confirmed itinerary and request an expedite on your AP. The supervising IO will call that department and it'll be done and mailed out to you right away. Sometimes they can get you one on the spot. Good Luck!

Fighting!

Hello Folks,

I'm happy to say I'm a September 2008 Filer!! However, my road here has been met with much difficulty. Let me begin by telling you how I was put into Removal Proceedings:

First of all, I was ignorant of immigration law when I married my beautiful bride from Canada. After dating for two years with her going back and forth from Canada, we both went to Canada to tell her parents of our engagement. Well, after getting somewhat of a blessing, we returned back to the U.S. Remember, I was totally IGNORANT of immigration law. Hey, I grew up thinking if you marry an American Citizen all is good on the Western Front. So, we were stopped in the ticket line and taken into separate rooms where we were questioned about our return to the U.S. I guess we passed by showing our engagement rings and all of that stuff because they let us go b stamping our boarding passes. No dates or classifications...just a red inked stamp with U.S. Immigration, etc. Ok...no worries right? Wrong. Had we been given a classification we would've been informed and acted appropriately.

Well we returned home to LA and about a week later realized we were pregnant. No big wedding now...time to get married and we did that following weekend. I know, I know...why didn't we file the I130, I485 and all of that stuff? I didn't know. However, when I went to file taxes, that's when I was informed we needed my wife's SSN where we were told we need more than just our marriage certificate. No...they did not say anything about Green Cards. So we got an ETIN. Out of sight out of mind. We got SSNs for both of our daughters when we were turned down again for my wife. One of the officials angrily told me to get my wife a green card. He told me how and I applied that day.

We were approved for the I130 exactly 6 months later. We applied for the FD-258, I485, and I765. Everything went smoothly and we got her EAD. Well...we moved for me to attend graduate school and that is where the BS started!! The printed notice emphatically states to not contact INS about the case for 18 months. However, we had to send a change of address to the LA local office. I know...today, everything is on the internet and you file the AR-11 for a change of address. Back then, 2002, things were much different and archaic. So, nothing. No response, receipt, NOTHING. A year later, my wife got a job on the campus but was turned away because the EAD expired. That's when we called INS and said, "By the way, we never got an interview or anything. What's going on with our case?" INS: "What case? What is your receipt number?" I said, "We don't have a receipt number. We just have this grocery store looking receipt that says OFFICIAL DOCUMENT with the three application numbers, their amounts and the amount we paid." INS: "Sorry, we can't help you. You filed at the local center. We don't do that anymore. You need that receipt number for us to help you. You're going to have wait."

We hired an attorney to find the case and all they received was, "Your case is pending and to wait." We went to the SF center...same thing...wait! We were advised to refile where we had the filing fees but not the attorney fees. Finally, we refiled and NOTHING!!!!!!! Then my wife needed to go back to Canada to see her father who suffered 4 mini strokes in a week. We called USCIS and they finally found our receipt number for an I181: Creation of Record of Legal Permanant Residence. The IO said, my wife is not eligible for an I131 because she is an IR6. We need to get the missing I89 done and get the green card. She continued to tell me that has been the hold up. There are two supervisory holds for a missing I89. She then told us to print the I181 notice from the internet and they should suffice for CBP. Then when my wife returns to get the I89 done and get the green card. WAY WRONG ADVICE!!

My wife was held at the Canadian POE upon her return to the U.S. for 2 1/2 hours and was given a Deferred Inspection. We subsequently got the following notice:

Make an appointment with your local USCIS office to submit photographs and have a

fingerprint taken. We need this information to create your permanent resident card.

To make an appointment you will need to go to our website and schedule an

appointment using INFOPASS. You can access INFOPASS online at

http://infopass.uscis.gov.

Good news right? Our violation was no green card. We're about to get one and show up to the DFE with the stamp. WRONG AGAIN! The IO made us wait for 3 1/2 hours and told us, "You have to go to the DFE first!!" Every argument we had fell on deaf ears. So, we arrived at the DFE and before we could get comfortable in our chairs, the CBPO said, "Your file was rejected in 2003 for no proof of payment." We quickly showed our grocery store receipt and cancelled checks and she smiled and said, "Great, now you can see the judge." I said, "For what? I just showed you our proof of payment." She said, "I know. But it's not in our system. So, tell the judge. Hey, you hav nothing to worry about. You're an American citizen with three daughters. They're not going to deport your wife." Then I read the notice she had us sign and I responded, "Excuse me but this notice says we're in removal proceedings." She said, "Yes, you have to see the judge." Oh yeah, please read the following with much sarcasm...our lawyer was sitting right there. NOT...A...SINGLE...WORD...FROM...HIM!!!!! That was our second attorney.

After much frustration, quotes of $15K or more to represent us. I took things into my own hands and read, researched, called and got the case terminated. I was pleasantly surprised to see my Motion to Terminate Proceedings GRANTED by the Immigration Judge! But in a funny/twisted kind of way, I'm disappointed to have to go back to USCIS to get our green card done. I would have preferred the judge to order my wife LPR and be done with it. Instead, we're going back to the agency that has erroneously delayed our case for 6 + years. Yes, 6 years of "we're actively processing your case." No "to dos," "be heres," or "pay this," NOTHING but wait!

On the other hand, it was nice doing the research and dealing with the ICE attorneys. I know we should have a lawyer, but we don't have $15K while we're in grad school. So, economics in my family sucks. Nevertheless, my passion to get this case resolved has helped a lot. After sitting in on some Master Calendar Hearings and the like, it seems like a flip of the coin to see who you'll get as a judge in terms of him/her being open minded or not. I also witnessed some really irresponsible/not giving a ####### about their clients private attorneys. So the process has bad apples on each side.

Nevertheless, INS granted the IR6 but because we did not get the green card and my wife left the country w/out it or the advanced parole, we have to start all over again!!!!!!

So, now the process of dealing with the infamous pending I485 continues. So, we filed again in September and now I'm a part of your family!

So, we did our fingerprints yesterday and received our I131 three weeks ago. An adjudicator has our case. So let's see what happens from here.

Take Care...