stringers_wench

thanks everyone! we couldn't have done it without all of the support and advise from all of you!!! Jay received his welcome to america letter in the mail yesterday!!

Jay and I had our interview yesterday. The officer really lead us to believe that we were not going to be approved. She kept saying that she didn't see enough evidence that we actually live together. I was about to freak out! Then i saw her staple his I-94 into our file, and I have learned from being on here that when they do that, you're usually approved. She still didn't say a thing about being approved or denied, and asked to look through our photo album. She got to the end where Jay and I had visited Georgia last month to visit my sister, and that's when she lightened up because apparently that is where she was from. She left to go make a copy of our sons birth certificate and came back and started typing away on her computer. Then the printer started going. And I've learned from here too, that the printer running is a good sign as well! The she said, "I've decided to approve your case." SWEET!!!!! We were so excited!!!! When we left the room I told her that she was the coolest lady ever! Jay and I have been on edge and in bad moods for months, but after three o'clock yesterday, we couldn't erase the smiles from our faces!!! Thank you everyone for all of you help and advice! This was the most stressful thing I have ever done in my entire life!!!!

:dancing:

thanks everyone! we are really excited and of course nervous! did anyone have their interview in the Fairfax VA office? how was it? we are a little worried because we don't really have any bills in our names. we live with someone else, and everything is in her name, not ours. is this going to be a huge issue???

We finally got our interview letter in the mail! The interview is set for April 16th!!!!

We finally got our interview letter in the mail! The interview is set for April 16th!!!!

Hi all.

Well I had a depressing day. Pulled up to my mailbox and freaked in excitment as I saw what I thought was my biometrics letter from USCIS.

Nope.

Instead a nice yellow RFE regarding my i-485. Apparently, my joint sponsor who is a real estate agent and friend who makes well in excess of 125,000 per year, is not adequately above the poverty line. At least this is what I am to assume, as the yellow letter is some generic piece of mail back garbage with three boxes which USCIS has checked all three. And the description next to each box is about a vague as it gets without any case specificity.

I feel like swearing and slamming my hand through a window. I am SO frustrated. I spent WEEKS checking and rechecking that material not to mention I am on such a time crunch although I know we all are

What I dont understand is what I am missing. Of course it is Sat today and the office is only open Mon to Fri so when I call I get nothing.

I included for my wifes affidavit of support, and for my joint sponsor, a photocopy of each of their most recent tax refund statements (whatever its called.) My wife is a bartender so her on paper income didnt exceed 125% of the poverty line this my friend's joint sponsor who far exceeds the limits. The year before he made near a quarter million.

Anyway, not sure what I may have been missing. Any clues? I guess I'll try posting this in the main forum too but alas the wait for biometrics continues.

Blah, I'm going for a beer. ;(

I got an RFE the other day too regarding my joint sponser, and all they are asking for is proof of citizenship. I hope that's all it is for you too.

Yes you can send in EAD form but you will have to send it along with $340. If you send it in with you AOS package, it would of cost 0. No problemo.

Greetings again folks,

I realized that, in my haste, I neglected to submit an EAD along with my 485 submission. Now, is it possible to submit this after-the-fact or is this now impossible?

Thanks for all your help.

I dont think you can just send it in with money. I think need a copy of the NOA or some proof you did sumbit in your package already cause I dont think they are just going to look for it.

I've read online that you can send the application along with a copy of the NOA, and there is no charge. We have to do the same thing.

we had our biometrics appointment today. we were in and out in about fifteen minutes! too bad the drive there was an hour!

no, she doesn't have a passport. i guess we'll be driving to richmond to get a copy of the birth certificate! woo!

I don't know if it is available in your state, but here in Missouri you can request a birth certificate online. When my husband did that, it took less than a week to receive the birth certificate, even though the website said at least two weeks.

i didn't even think about that one. i guess i should have now that anything can be done online these days! thanks for the advice!

i got our RFE yesterday, 11/17/2008, and it is saying that we have to send in proof of status for our joint filer. does anyone know if this has to be a birth certificate? and if not, what else can be used? our joint filer is an american citizen, born and raised here, but she's not too sure of where her birth certificate might be!

Does she have a passport? She could use that...

no, she doesn't have a passport. i guess we'll be driving to richmond to get a copy of the birth certificate! woo!

i got our RFE yesterday, 11/17/2008, and it is saying that we have to send in proof of status for our joint filer. does anyone know if this has to be a birth certificate? and if not, what else can be used? our joint filer is an american citizen, born and raised here, but she's not too sure of where her birth certificate might be!

i got my biometrics!!! woo!!!!

Does the check have to be cashed before NOA1 receipt? Is there any relation or order for these two?

my checks were cashed on 10/31 and we got our NOA's on 11/03. I think it just depends on if the letters get to you first or the checks ge to the bank first.

I was looking at the spreadsheet, and my NOA date isn't on there. I just thought I'd let you all know that I got the NOA's on 11/03!

I got the NOA's for the I-485 and the I-130 today! Woo!!!

I got a form I-797c letter in the mail today with my $70 check for the support. What does this mean? It says that no further action is required on my part and that the package was submitted with additional forms that are not required. I'm a little confused. Can anyone tell me why exactly they didn't accept these forms? I was told for the AOS package we had to send the support form as well. Thanks!

You probably mean $70 fee for I-864 "Affidavit of Support". It confused me too because on the USCIS website it states that there is aa fee for it but in reality that fee does not apply to AOS.

Yes, that's exactly what it was for. I kept rereading the website after I got the letter today, and it says there is a $70 fee when it's reviewed domestically, and that's exactly what we are having done. But since it happened to you, then it makes me feel better! I thought we were getting rejected for a minute! So does that count as my NOA? If so it was received today 11/01/08!!

I diddn`t submit that $70 fee but I was asking questions on here when I saw it online. Does letter you received states in application type "I-485, application to register or adjusr status"??? If so, then it is your NOA.

no, it doesn't say that at all. so i guess i have to wait longer. blah!

I got a form I-797c letter in the mail today with my $70 check for the support. What does this mean? It says that no further action is required on my part and that the package was submitted with additional forms that are not required. I'm a little confused. Can anyone tell me why exactly they didn't accept these forms? I was told for the AOS package we had to send the support form as well. Thanks!

You probably mean $70 fee for I-864 "Affidavit of Support". It confused me too because on the USCIS website it states that there is aa fee for it but in reality that fee does not apply to AOS.

Yes, that's exactly what it was for. I kept rereading the website after I got the letter today, and it says there is a $70 fee when it's reviewed domestically, and that's exactly what we are having done. But since it happened to you, then it makes me feel better! I thought we were getting rejected for a minute! So does that count as my NOA? If so it was received today 11/01/08!!

I got a form I-797c letter in the mail today with my $70 check for the support. What does this mean? It says that no further action is required on my part and that the package was submitted with additional forms that are not required. I'm a little confused. Can anyone tell me why exactly they didn't accept these forms? I was told for the AOS package we had to send the support form as well. Thanks!

happy halloween everyone! this is the best halloween so far! i woke up this morning and checked the bank account, and my checks have been cashed! amazing! my husband was supposed to fly back today, and now he doesn't have to!!! i'm super excited!!!

My check has just been cashed! I`m so so so so happy!!! Just wanted to share with all of ya guys.

you're getting my hopes up! i sent my package the day after you. i'm still waiting for the checks to be cashed. this whole thing is nerve racking!

Oh, I know... Common sense tells you it is still good but you panic anyway (at least thats how I was). Hope you get some updates soon.

thanks, i hope i do too. i've been going crazy checking my bank account and the mail so many times every day! and still nothing. something has to happen soon though right?? i feel like i'm going to go insane if i don't get something soon! i'm sure you all have felt like this before though! i'm just the newbie!

Hmmm, that was me just a few weeks ago.Just went out to check the mail myself,lol. Today must be my lucky day- I got my final approval for the Waiver of the 2 yr. Residency Requirement from USCIS. :dance:

wow! you really are having an amazing day! congratulations!! i hope you guys will get to congratulate me soon!!!

My check has just been cashed! I`m so so so so happy!!! Just wanted to share with all of ya guys.

you're getting my hopes up! i sent my package the day after you. i'm still waiting for the checks to be cashed. this whole thing is nerve racking!

Oh, I know... Common sense tells you it is still good but you panic anyway (at least thats how I was). Hope you get some updates soon.

thanks, i hope i do too. i've been going crazy checking my bank account and the mail so many times every day! and still nothing. something has to happen soon though right?? i feel like i'm going to go insane if i don't get something soon! i'm sure you all have felt like this before though! i'm just the newbie!

My check has just been cashed! I`m so so so so happy!!! Just wanted to share with all of ya guys.

you're getting my hopes up! i sent my package the day after you. i'm still waiting for the checks to be cashed. this whole thing is nerve racking!

I really wouldn't stress about this, if I were you. You know that your AOS packet got to USCIS as it was signed for, and I always thought that as soon as it was received, you were in AOS-pending status.

Now you have sent the AOS package your husband MUST NOT LEAVE as this will be taken to mean you have abandoned the application - a worse outcome than a few days between the VWP expiring and the AOS being pending. Even if you have not received the NOA's, I still think he should stay as you know the application got to USCIS and it will be cancelled if he leaves.

Since he came on the VWP, the safest advice is that he should not leave the US until he has GC in hand, as even AP does not absolutely guarantee re-entry. Sit tight and I'm sure you'll get the NOA's soon

i'm just really worried that it will be returned to us for some reason, and he'll be here past his 90 days, and then have to go back. and then if he does have to go back, are they going to ban him from coming back if our package is denied and he returns after the VWP stay has expired? i know that you know what you're talking about, but i'm still really confused, and stressed about this whole situation. i wish we would have known earlier on in his stay that this whole thing could have been done, then it wouldn't have been the very last minute.

I understand how worrying it is! I really don't think it is likely they will just deny you without going through the process and having an interview though (unless there is something really bad in your husband's past, like prior deportation/visa fraud/terrible crimes etc!!) - if they send it back, it's probably because you left something out/paid wrong amount etc, in which case you just correct what was wrong and resend. Yes, ideally you would file before VWP expires, but you have done the best you could and tried. You have proof that you did attempt to file before his VWP ran out. Re-entry bans only start to be inflicted once you get to 6 months or a year of overstay, which is obviously not going to happen to you even if the package is returned to you because you got something wrong. We didn't file for me until 5 months after my VWP ran out (saving up money!) and there are others on here who only filed AOS after being out of status for years. This isn't the ideal thing to do and maybe increases the risk, but you did file in good faith before his VWP ran out.

I know it's hard, but try not to worry too much - I really think that leaving would have worse consequences, as then you guarantee that the AOS will be canceled. You would then have to file for a spousal visa, and your husband may be denied entry on VWP to visit while this is processing, since they'll have a record of two long VWP stays, that you guys are married and that you attempted AOS before. Now you have started on the AOS road, I think it is better to stick with it.

thanks for all of your help. we've decided that he's going to stay. i'll keep everyone updated on what happens! thanks!!!

You can count me in the October filers as well! I'm still waiting for my checks to be cashed and for the NOA! It better come soon!!

I really wouldn't stress about this, if I were you. You know that your AOS packet got to USCIS as it was signed for, and I always thought that as soon as it was received, you were in AOS-pending status.

Now you have sent the AOS package your husband MUST NOT LEAVE as this will be taken to mean you have abandoned the application - a worse outcome than a few days between the VWP expiring and the AOS being pending. Even if you have not received the NOA's, I still think he should stay as you know the application got to USCIS and it will be cancelled if he leaves.

Since he came on the VWP, the safest advice is that he should not leave the US until he has GC in hand, as even AP does not absolutely guarantee re-entry. Sit tight and I'm sure you'll get the NOA's soon

i'm just really worried that it will be returned to us for some reason, and he'll be here past his 90 days, and then have to go back. and then if he does have to go back, are they going to ban him from coming back if our package is denied and he returns after the VWP stay has expired? i know that you know what you're talking about, but i'm still really confused, and stressed about this whole situation. i wish we would have known earlier on in his stay that this whole thing could have been done, then it wouldn't have been the very last minute.

I understand how worrying it is! I really don't think it is likely they will just deny you without going through the process and having an interview though (unless there is something really bad in your husband's past, like prior deportation/visa fraud/terrible crimes etc!!) - if they send it back, it's probably because you left something out/paid wrong amount etc, in which case you just correct what was wrong and resend. Yes, ideally you would file before VWP expires, but you have done the best you could and tried. You have proof that you did attempt to file before his VWP ran out. Re-entry bans only start to be inflicted once you get to 6 months or a year of overstay, which is obviously not going to happen to you even if the package is returned to you because you got something wrong. We didn't file for me until 5 months after my VWP ran out (saving up money!) and there are others on here who only filed AOS after being out of status for years. This isn't the ideal thing to do and maybe increases the risk, but you did file in good faith before his VWP ran out.

I know it's hard, but try not to worry too much - I really think that leaving would have worse consequences, as then you guarantee that the AOS will be canceled. You would then have to file for a spousal visa, and your husband may be denied entry on VWP to visit while this is processing, since they'll have a record of two long VWP stays, that you guys are married and that you attempted AOS before. Now you have started on the AOS road, I think it is better to stick with it.

I’m sure I’ve been a real pain in the butt! Thank you so much for your help. We’ve decided that he’s going to stay. I just really hope that everything works out. I mean, we did everything we were supposed to do, so I think everything should be fine. But there is still a part of me that is really worried that the package will be returned to us for some reason. But I’ll try to calm down! Thanks again, to everyone!