cdn_in_wa

Yeah, Cdn in Wa, it was about time! I am excited for ya!

Thanks you guys! It was an exciting day for me.

I am wondering if other users have had the same experience.... I received my I-797 Notice of Action on October 10th with the request to show up for our AOS interview on November 12th. So far so good. Surprisingly, this doesn't show up in my Case Status on the CRIS website. In fact, none of the related applications I-130 and I-485 were even touched since they were first received by USCIS. If the I-797 had been lost in the mail I wouldn't even know this interview was already scheduled or a letter had been mailed. I can hardly believe this is how it is supposed to work!

Did your NoA letter for the interview show up on your records?

I wouldn't worry about it - I think it's normal.

I had no updates/touches showing since I changed my address in August until today. And the message never changed from February until today. I don't know if anyone has seen the interview notice online, perhaps some have seen a touch, but no notice of interview mailed. My status did not show that they'd sent the welcome letter which was sent last week, 2 days before the date 'Card Production Ordered'.

And for the icing on the cake ...

Received my Welcome Notice and I-130 approval notice in the mail today!

Thank god! It feels so good doesn't it!

And missed yours too.

It felt soooo good to see that.

Absolutely amazing how a few words on a computer screen can make your day!!!!

And who knew there was a limit on emoticons per post ?

YEA!!!! Happy dance time!!

I'm soo happy for you! It'a about time!

Ok Seattle..my turn!

Missed your post earlier.

It is coming ... soon.

Just to make sure, how many copies are supposed to come from the NBC ? I received 2 and was always under the assumption to get 3 copies. Has anything changed lately ?

They send you 2 copies of AP. It is advised that you make another copy and keep it somewhere safe.

Nothing for me yet. Last touch was the CSC Receiving the file on 4/22.

.

I feel for you, I really do. I felt that way for sooooooo long. Mine was showing Feb 27th for the RFE and processing resumed- it seemed like forever.

Hope something happens for you soon!

FINALLY!!!

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

ADJUST STATUS

Current Status:

Card production ordered.

On October 31, 2008, we ordered production of your new card. Please allow 30 days for your

card to be mailed to you.

:dance: :dance: :dance: :dance:

Now I get to turn into a mailbox watching loon!

Hey, congrats! I am also from Seattle and was interviewed on the same date as you, but still see no updates. Hoping for it today or tomorrow...

Thanks! I've been going crazy waiting for it.

Yours will come any day now. The date online says 10/31 but it wasn't updated to say that until today 11/03. Yours might even change by the end of the day.

Here's hoping.

Nothing for me yet. Last touch was the CSC Receiving the file on 4/22.

.

I feel for you, I really do. I felt that way for sooooooo long. Mine was showing Feb 27th for the RFE and processing resumed- it seemed like forever.

Hope something happens for you soon!

FINALLY!!!

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

ADJUST STATUS

Current Status:

Card production ordered.

On October 31, 2008, we ordered production of your new card. Please allow 30 days for your

card to be mailed to you.

:dance: :dance: :dance: :dance:

Now I get to turn into a mailbox watching loon!

Last Thursday, we went to the Las Vegas service center to confirm about our cancelled interview. The officer told us that our papers/files were not in LV office yet (still in Missouri), the reason why our supposed interview was cancelled.

It is enough reason for us not to go to the original (November 20th) interview schedule? The Immigration Officer confirmed that it was indeed cancelled.

I don't know what to advise. I'd still be concerned that something will go wrong and you might get a denial for not showing up at the interview.

YEE HAW!!!!! :dance:

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

ADJUST STATUS

Current Status:

Card production ordered.

On October 31, 2008, we ordered production of your new card. Please allow 30 days for your

card to be mailed to you.

:dance: :dance:

http://www.ca9.uscourts.gov/ca9/newopinion...pdf?openelement

This is an interesting case that was decided, on appeal, in 2008 drawing distinct lines between marriage, VWP, overstay and subsequent AOS. It sounds like if you file before your stay expires you are OK, according to this case, but if you file after then it can get ugly. Skip down to #4 and the second paragraph.

Good luck!

I been reading since yesterday regarding this case. This quote I found informative: "in a recent 9th Circuit decision (Momeni v. Chertoff, March 31, 2008), the court held that a visa waiver entrant from Germany could not benefit from adjustment of status (green card application) from inside the US despite it being based on marriage to a U.S. citizen, due to overstay after the entrant was placed in removal proceedings before filing for adjustment." (found quoted at http://www.humanrightsattorney.com/sub/unl...l-presence.jsp)

If I am reading this correctly, with Momeni v. Chertoff the foreigner didn't file for adjustment of status until after removal proceedings had been started. I am wondering what the outcome of the case would have been had he applied before removal proceedings had been started?

Also I found this link very interesting as it brings up some big discrepancies for this case: http://www.montaglaw.com/blog/2008/09/

That's what it says. And why it's a mystery what happened to the unfortunate poster on the other forum. So we have to be careful to take any of this as set in stone.

USCIS might change their position at any time. One IO could ruin your day.

Best advice I can give: Err on the side of caution, file before the I-94 expires.

HI GUYS

WELL NOT TO MAKE THE STORY LONG... ME AND MY HUSBAND ARE GETTING A LITTLE BIT STRESSED ABOUT THIS SITUATION.

SHOULD WE HIRE A LAWYER... SHOULD WE FILL THE PAPERWORK OURSELVES..

I DONT KNOW WHAT TO DO...

IVE BEEN READING THE GUIDES AND MOST OF EM ARE INCOMPLETE OR THEYRE FILLED OUT IN A DIFFERENT CIRCUMSTANCE.. MOST LIKELY A K1 VISA... WICH IS NOT OUR CASE

HAS ANYBODY IN THIS WEBSITE HAS A COMPLETE GUIDE ON HOW TO FILL OUT ALL THE FORMS TO AOS ON A TOURIST VISA??

AND ALSO.. IF MY HUSBAND HAS A STAMP ON HIS PASSPORT SAYING THAT HE WAS INSPECTED AND THE TIME LINE HES SUPPOSED TO BE HERE IN THE US.. SHOULD BE ENOUGH PROOF STATING THAT HE ENTERED LEGALLY TO THE US AND HES ELLEGIBLE FOR AOS?

SHOULD I SEND A COPY OF THAT??

PLEASE HELP

WERE CONFUSED AND ITS TERRIBLE

THANK YOU

Not sure what the issue is. Your husband has a tourist visa, which was granted only on the condition that he swore to return home by the time it expired. There is no adjusting that status, except by applying for a spousal visa (I-130) and getting permission for him to be here intending to stay.

The issue is ...

He doesn't have an I-94, only a stamp in his passport.

He has overstayed to the point where the sensible route is to file I-130 / I-485 concurrently. If he returns home, he faces a lengthy ban.

There are plenty of people on this site who have filed concurrent I-130/I-485, and can help you with the paperwork. The big problem, as I see it, is the issue of the I-94, which he may or may not have been issued.

At this point, I think you might want to consult an experienced immigration attorney for advice on the I-94 issue.

I asked him why he was still trying to act like a real husband and file the petition for me..i heard just to help me to come back and live in California beacuse I loved it so much!!!

So let's just suppose her intent was not immigration fraud...sure sounds like that was hubbie's intention.

Or am I not reading this properly?

That's kind of the way I read it. That's why I posted that she might just be asking to be certain - if she is divorced from one USC - it won't affect any future chance she might have - in the event she marries another USC in the future. Motive for second marriage to USC might be fraudulent, might not.

Request Replacement of a Lost/Stolen Arrival-Departure Record (Form I-94)

Replacement of a lost or stolen Form I-94 falls under the responsibility of Department of Homeland Security (DHS). To file for a replacement I-94, see Application for Replacement/Initial Nonimmigrant Arrival-Departure Document at the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) Website and see Arrival-Departure Record at the DHS, Customs and Border Protection (CBP) Website.

http://travel.state.gov/visa/temp/info/info_2009.html#I-94

The question is, was it lost or stolen? Or did he not get one?

Are there staple holes in the passport on the stamped page? If not, he may never have received one.

If he never received one, there is no lost or stolen I-94 to replace. So, it is questionable whether paying all the money and losing all the time involved in filing for a replacement is necessary.

I'm not sure whether all Mexican nationals entering legally would receive one. Canadians, by and large, do not get them. Sometimes we get a stamp in our passport, but it is very unusual for us to get an I-94 on a tourist entry.

I wish I could help. As a Canadian, I just put "none issued - Canadian" or something of that nature.

Since his passport has the stamp, he does have proof that he was inspected. I don't know what to suggest.

Good luck.

Any January 08 filers who haven't been interviewed yet?

Ours was scheduled on the 20th of November but we received a cancellation letter.

Sorry to hear that.

We were interviewed 2 weeks ago. Still waiting for an online update though.

Cancellations are messed up. Some people have reported that they got the cancellation letter, didn't go to the interview because of the letter and got their GC denied because they didn't go to the interview.

I don't envy your position. I think I'd still go for the interview, even though you got the cancellation letter. Remember it's USCIS we're talking about - the right hand often does not know what the left is doing.

Good Luck!

Cdn in Wa, I was thinking...Could it be the background check holding you up? That would explain things.

Hi Lili,

I don't think so, but it could be possible. I don't have a particularly common name at all. Plus, I would have thought that the interviewer might have mentioned that. He said it needed to be reviewed and we should have the GC within a month. I think, if the name check was pending, the timeline he gave might have been more vague?

I'll really begin to worry when there is no update or mail after the month is up. Then I will follow up on it.

At this point, I'm wondering if I'll actually get my EAD before the GC! I only applied for that in August because I was worried that I needed SSN by the end of the year for taxes - the banks are getting pizzy at me for not having one!

Tomorrow's a new week. *fingers crossed* With luck it will bring good news!

Any January 08 filers who haven't been interviewed yet?

Ours was scheduled on the 20th of November but we received a cancellation letter.

Sorry to hear that.

We were interviewed 2 weeks ago. Still waiting for an online update though.

Cancellations are messed up. Some people have reported that they got the cancellation letter, didn't go to the interview because of the letter and got their GC denied because they didn't go to the interview.

I don't envy your position. I think I'd still go for the interview, even though you got the cancellation letter. Remember it's USCIS we're talking about - the right hand often does not know what the left is doing.

Good Luck!

I-130 approval notice received today, dated 10/27

Junk election mail in my mailbox today. Nothing from USCIS.

Maybe next week.

It should be soon for you! No update on USCIS website?

The website says the same thing it's said for 3 months (LUD from when I changed address). In the detail it says something about receiving the RFE and resuming processing in February.

I think I've fallen into the black hole in Seattle.

It'll come. ( I hope!)

The point of my comment was to warn posters that saying 'it does not matter when you file AOS under VWP' is not necessarily the case and we should be more cautious when posting to these questions.

I do not think that my post was dangerous at all.

The person in question on the other forum, who was deported, felt it was due to the overstay. I expect that was the understanding of her attorney as well.

What I read in that thread is you cannot say for certain that timing of filing AOS definitely will not matter.

Most cases are approved with no question even being asked about intent on entry. So far. Rules change. Interpretations change. And things can go wrong.

Better to advise caution than to throw caution to the wind.

JMHO

I-130 approval notice received today, dated 10/27

Junk election mail in my mailbox today. Nothing from USCIS.

Maybe next week.

First USCIS can not take you into custody at the interview and second they can not deport anyone, the case would have to have been denied at the interview and then Removal proceedings would have been started and only after it had gone before an immigration judge and he ordered the deportation would they have been detained and then removed. Thirdly to incure a 10 year ban they would have had to accrued more than 365 days of illegal presence in the US.

So I think you will find this post you are quoting is missing some very important information. It is not a good idea to base your advice on posts that can not be backed up with case history and law.

I for one know from experience that you can be approved for AOS if you marry within the 60 days (remember the VWP is only valid for 90 days) and they is no time limit on when you can file for AOS some people have waited years to file and have been approved for AOS.

It is dangerous to imply that people will get detained at the interview and deported. USCIS does not have the power to do that. Only an immigration Judge can order a deportation.

I'm only posting what I read. No one on the other forum, including immigration lawyers, made the above assertions.

Try this google search "VWP AOS overstay deported ban Reno". It's an interesting read, and enough to make a person think twice about doing anything other than filing within the 90 days. Which is all I was suggesting!

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

If you read any other immigration forums, you might discover that, earlier this year, at least one person filing from VWP seems to have been deported and banned for 10 years after marrying within the 90 days and not filing until shortly after the 90 days were up.

Food for thought. Might be an isolated case, might be the beginning of a new unwritten rule.

Can you provide links to the case you are referring to please I would like to see what happened based on what your referring to. Thank you

Last time I looked at it was months ago, so I don't want to try and find it. There was very little specific information on the thread. The marriage occurred within the 90 days, the lawyer said not to worry about the 90 days, so they filed after the 90 days was up. At the AOS interview they took the applicant into custody and subsequently deported her back to the UK. She claimed that there was no other reason for her denial/removal. The 10 year ban was apparently due to the overstay (which occurred due to the 'late' filing for AOS).

Might be something we don't know. Might be some offices are trying to crack down on VWP AOS. Might be they all will. Might be it won't happen again. I just posted it to warn of the possible downside of VWP AOS, in particular of filing AFTER the I-94 expires.

Hello, am happy to find this wonderful site of information. I have been reading everything I can get my hands on.

I met my boyfriend a few years ago, we made visits back and forth between each others countries for the first couple of years, about 1 or 2 a year. We haven't seen each other for a year, and scheduled me to visit this past September, with plans to site see, and take me to Disney World in Florida, visit friends and his family.

I entered America on Visa Waiver from Australia, on September 6, 2008. I am due to return to my country the first week of December. My boyfriend shocked me and proposed to me about a week ago asking me to marry him. We are set to wed on November 7th, 2008 by his local minister at his church for a small wedding. We are scrambling to put a small ceremony and dinner after together, nothing too big. I have read that I may be able to stay with my soon to be husband since when I came to visit neither of us had any intent to marry. Is this true? I understand we have to file adjustment and am trying to work on the forms and gather documents now.

which leads me to a few concerns I have. I read on this site that we shouldn't marry less than 60 days from the time I entered the country? Is this true. Will 62 days matter which is what it will be if we wed on the date we plan to wed?

Also I read that we need to file for adjustment of status before my 90 days on visa waiver is up? Is this true? What happens if we are a few weeks late applying for adjustment of status from the 90 day deadline of when I am suppose to return? We may need a few weeks past my 90 days time limit to gather documents and have enough funds for the filing fee.

thank you

Sanai

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

If you read any other immigration forums, you might discover that, earlier this year, at least one person filing from VWP seems to have been deported and banned for 10 years after marrying within the 90 days and not filing until shortly after the 90 days were up.

Food for thought. Might be an isolated case, might be the beginning of a new unwritten rule.

There is no such USCIS regs that say you will be denied if married within 90 days of arrival or for not filling for AOS before the 90 days are up.

Please provide links to the post where this person was denied for this reason.

This is not a K1 case.

You incur an overstay when filing after 90 days on VWP. Historically it has been forgiven. In the case I cited it was not.

Hello, am happy to find this wonderful site of information. I have been reading everything I can get my hands on.

I met my boyfriend a few years ago, we made visits back and forth between each others countries for the first couple of years, about 1 or 2 a year. We haven't seen each other for a year, and scheduled me to visit this past September, with plans to site see, and take me to Disney World in Florida, visit friends and his family.

I entered America on Visa Waiver from Australia, on September 6, 2008. I am due to return to my country the first week of December. My boyfriend shocked me and proposed to me about a week ago asking me to marry him. We are set to wed on November 7th, 2008 by his local minister at his church for a small wedding. We are scrambling to put a small ceremony and dinner after together, nothing too big. I have read that I may be able to stay with my soon to be husband since when I came to visit neither of us had any intent to marry. Is this true? I understand we have to file adjustment and am trying to work on the forms and gather documents now.

which leads me to a few concerns I have. I read on this site that we shouldn't marry less than 60 days from the time I entered the country? Is this true. Will 62 days matter which is what it will be if we wed on the date we plan to wed?

Also I read that we need to file for adjustment of status before my 90 days on visa waiver is up? Is this true? What happens if we are a few weeks late applying for adjustment of status from the 90 day deadline of when I am suppose to return? We may need a few weeks past my 90 days time limit to gather documents and have enough funds for the filing fee.

thank you

Sanai

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

If you read any other immigration forums, you might discover that, earlier this year, at least one person filing from VWP seems to have been deported and banned for 10 years after marrying within the 90 days and not filing until shortly after the 90 days were up.

Food for thought. Might be an isolated case, might be the beginning of a new unwritten rule.

This forum is "Effect of Major Family Changes on Immigration Benefits"... I would think divorce qualifies as a major change...

By the OP's own words, it was a marriage of convenience per se....not bona fide.

Hasn't started the DIVORCE yet, and is asking questions about the possibility of marrying ANOTHER USC for immigration purposes.

Yeah, sounds like she's focused on the divorce.

That's what you see, right?

This forum is NOT "Effects of Major Family Changes on Immigration FRAUD".

I agree, it looks like the question might be asking for help with possible fraud, but ...

Who are we to say that the OP is not just trying to make sure that she does things the right way IN CASE she ever wants to marry another USC?

It isn't out of the realm of possibility that she just wants to be clear how this will affect any future she might have in the US.

Hey guys, I got my I131 today which I am happy about but I have the exact same 2 copies of them? I am just confused that why did I get two of them or is that how they are suppose to be?

Thank you

They send you 2 copies.

When you use them (on your first re-entry to the US), they keep one, stamp the other and return it to you.

On any further re-entries you present the 1 copy (that they returned to you), they stamp it again, return it to you again.

USCIS isn't really clear about this. I've used mine several times and that's how it works!

Welcome Letter received today. It is dated October 27th.

Cdn in WA, maybe you should start looking into scheduling an Infopass. They usually schedule them two weeks ahead, so that way as soon as it is 30 days you can go and talk to an IO. It hurts me to see you without any news. I just don't get it.

Js360, we were told the exact same thing. It is a waiting game again.

Great news Lili!

I think I'll give it another week or so. Who knows - maybe my Welcome Letter will arrive in the mail and the online update will never happen?

That's what I'm hoping for, anyway. So, I'm going to be watching for the mail with fingers crossed every day now!!!

I know the feelings about the fingers crossed. lol I did that till I got my interview letter. I was checking the mail everyday religiously.

Keep me updated!

I've been doing it for so long now, I don't know what I'll do when this is all over!

I'm not counting on the case status online as being 100% correct. My I-485 was not viewable until I moved in August. So, I figure it might never have had any other updates along the way, except that one. That's the justification that keeps me sane these days!

C'mon Seattle!!!! I'm begging.

Welcome Letter received today. It is dated October 27th.

Cdn in WA, maybe you should start looking into scheduling an Infopass. They usually schedule them two weeks ahead, so that way as soon as it is 30 days you can go and talk to an IO. It hurts me to see you without any news. I just don't get it.

Js360, we were told the exact same thing. It is a waiting game again.

Great news Lili!

I think I'll give it another week or so. Who knows - maybe my Welcome Letter will arrive in the mail and the online update will never happen?

That's what I'm hoping for, anyway. So, I'm going to be watching for the mail with fingers crossed every day now!!!