AOSfiler13

Hey all... I was right to expect my EAD and AP this week, because they both arrived yesterday!!! So the daily trips to the mail box are over! For now... And we had some crazy snow days here, kids are out of school for 3 days in a row (those that live in the South will understand, those up North won't... ), but the mail still works! What's their motto? "Neither snow nor rain nor heat nor gloom of night..." It's true!

Still waiting on the interview date, but at least I can start working now...

Thanks everyone for your updates, they really help when you're the one anxiously waiting. And for those that still are, your day is coming, soon...

Wow... Everyone is getting their AP/EAD/Interviews!!! I haven't logged in a couple of days and what a wave of approvals... That's great to see and congratulations to all!!!

Now I'm growing with anticipation, and I can relate to that mailbox comment, and I am too checking it every day (right after the mailman drives by)... Hoping I will see something this week, or next.

Mimigrant, I can also relate to your situation with no jobs... It's really tough right now. The place I worked at before now declared bankruptcy completely (2700 people laid off!) and they are not even paying people's PTO balances, severance, or healthcare... It's crazy!!! But there are still a lot of openings in the government sector as I understand, if we would qualify for those.

whoa whoa... to my understanding, MEANS TESTED benefits are things such as welfare, food stamps, Low Income Home Energy Assistance, and other things you have to "qualify" for by showing your low-income or no-income.

UNEMPLOYMENT benefits is NOT a "means tested" public benefit, just a regular Federal Benefit, and is funded by Employers who pay into the unemployment insurance fund. So....as far as I know, your sponsor will NOT have to pay back the government, should you choose to collect unemployment. (You're entitled to it...heck - your employer paid into the fund that pays you the unemployment!)

Anyway, you can double check with your lawyer, but do a search online and you'll find out that collecting unemployment does NOT fall under "means tested public benefits"

On another note..I got my EAD card in the mail yesterday. It was post marked Feb 9th, receieved Feb 12th. I guess that should be good news, but my husband owns his own biz so really has no use for this card (we just applied cuz it was free with the whole AOS packet..hehehe) We're still waiting for that darned interview date!!

Wow.... lol. I guess I may have rushed with my last comment! I agree with Wacko that my employer and I did pay into the unemployment insurance fund... So that's why I felt entitled. It does seem different from welfare and it's not means-tested, meaning they don't check your income to make a determination (they did check my past income to see how much money I qualify for, but that was based on previous salary). So I guess I have to check with a lawyer on this one...

Thanks again for pointing this out Wackodacko.

Also, thanks to Diazy and others for pointing out the I-864 conditions, because I completely forgot about that affidavit.

See this is why this web-site is great! This seems to be really a "grey" topic, so it's good that we're having a discussion about it.

Hey Everyone,

It's great to see people getting their EADs and Interview notices, gives the rest of us hope (and anxiety) that we will be getting ours soon too...

My question is of a little different nature... As I have been employed, prior to getting laid off with the rest of the factory of 2700, on H1B status, I'm trying to set up my unemployment benefits and other benefits (TRA) to get some income coming in while I'm looking for another job (hopefully EAD will be there by then, or rather hopefully I'll have some sort of a job opportunity by the time I get my EAD). I know they require that you are able to work, but I figured my EAD should be getting in soon, so I wanted to get started early since I already have all the paperwork from them about the amount I will receive etc... One of the requirements though is to be registered with the state's employment web-site. On there they ask for your citizenship status. And when I put Alien, they ask for my A number (which I now have from the NOA notices).

But the question I have is they also ask for the ALIEN REGISTRATION EXPIRATION DATE... What date would that be? And even after I get my EAD card, will that date be on there? How do I find this out?

Appreciate your thoughts. I know a few of you are in the same boat as far as H1Bs and being laid off...

You can not apply for unemployment benefits. If you get one, your sponsor will pay for it.

Why is that Diazy? I was under impression that once I got my EAD, I can apply for unemployment insurance... I would qualify under all of their requirements that were listed in the paperwork they sent to me. The conditions listed were:

a) Monetary qualification (which I qualify and already have the "Monetary Determination" letter from the state)

B) Separation Qualification (which I also qualify for that, since the lay-off was through no fault of my own)

c) Weekly eligibility requirements which are:

- be able to work and be available to work (which I will be once I receive my EAD card).

- be willing to accept suitable work if offered and apply for suitable work when referred to by the state.

So I'm pretty sure I can apply once I have my EAD. My company and I have paid into the unemployment insurance pot all the years that I have been working...

I told you you can apply for it, but then your sponsor who signed Affidavit will pay for it. Here is some quotes from I864 instructions:

How Is This Form Used?
This form is a contract between a sponsor and the U.S.Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.
The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.
If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.
Not all benefits are considered to be means-tested public benefits. See Form I-864P, Poverty Guidelines, for more information on which benefits may be covered by this definition, or the contract on Page 6 of this form for a list of benefits explicitly not considered means-tested public benefits.

And here is the page 6 from contract:

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to be available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for State or local means-tested public benefits, if the State or local government's rules provide for consideration("deeming”) of your income and assets as available to the person.
This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act such as, but not limited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act

It is a pity that you and your sponsor hadn't read what you signed

Hey itzy, I finally received a biometrics letter, yayyyy!!! after more than 2 months. I'm so happy! I'm gonna cancel my infopass for this tuesday. My husband was so excited to give the letter to me because he knows how long ive been waiting, lol. A big sigh of relief! It's for both my I-485 and I-765 and it's scheduled February 24. Hope you'll get yours too. Did u place a service request already? I did, twice and found out that the first one wasn't forwarded to the processing center, and i don't know why. So im glad i did it once more.

Finally you got it!!!! Congrats!

Aaah, I-864!!! Of course we read it... I really just didn't even think about it, so thank you for reminding me. Sounds like you are absolutely correct!

Hey Everyone,

It's great to see people getting their EADs and Interview notices, gives the rest of us hope (and anxiety) that we will be getting ours soon too...

My question is of a little different nature... As I have been employed, prior to getting laid off with the rest of the factory of 2700, on H1B status, I'm trying to set up my unemployment benefits and other benefits (TRA) to get some income coming in while I'm looking for another job (hopefully EAD will be there by then, or rather hopefully I'll have some sort of a job opportunity by the time I get my EAD). I know they require that you are able to work, but I figured my EAD should be getting in soon, so I wanted to get started early since I already have all the paperwork from them about the amount I will receive etc... One of the requirements though is to be registered with the state's employment web-site. On there they ask for your citizenship status. And when I put Alien, they ask for my A number (which I now have from the NOA notices).

But the question I have is they also ask for the ALIEN REGISTRATION EXPIRATION DATE... What date would that be? And even after I get my EAD card, will that date be on there? How do I find this out?

Appreciate your thoughts. I know a few of you are in the same boat as far as H1Bs and being laid off...

You can not apply for unemployment benefits. If you get one, your sponsor will pay for it.

Why is that Diazy? I was under impression that once I got my EAD, I can apply for unemployment insurance... I would qualify under all of their requirements that were listed in the paperwork they sent to me. The conditions listed were:

a) Monetary qualification (which I qualify and already have the "Monetary Determination" letter from the state)

B) Separation Qualification (which I also qualify for that, since the lay-off was through no fault of my own)

c) Weekly eligibility requirements which are:

- be able to work and be available to work (which I will be once I receive my EAD card).

- be willing to accept suitable work if offered and apply for suitable work when referred to by the state.

So I'm pretty sure I can apply once I have my EAD. My company and I have paid into the unemployment insurance pot all the years that I have been working...

Hey Everyone,

It's great to see people getting their EADs and Interview notices, gives the rest of us hope (and anxiety) that we will be getting ours soon too...

My question is of a little different nature... As I have been employed, prior to getting laid off with the rest of the factory of 2700, on H1B status, I'm trying to set up my unemployment benefits and other benefits (TRA) to get some income coming in while I'm looking for another job (hopefully EAD will be there by then, or rather hopefully I'll have some sort of a job opportunity by the time I get my EAD). I know they require that you are able to work, but I figured my EAD should be getting in soon, so I wanted to get started early since I already have all the paperwork from them about the amount I will receive etc... One of the requirements though is to be registered with the state's employment web-site. On there they ask for your citizenship status. And when I put Alien, they ask for my A number (which I now have from the NOA notices).

But the question I have is they also ask for the ALIEN REGISTRATION EXPIRATION DATE... What date would that be? And even after I get my EAD card, will that date be on there? How do I find this out?

Appreciate your thoughts. I know a few of you are in the same boat as far as H1Bs and being laid off...

Hello December Filers:

We filed Dec. 9. I checked my mailbox a few days ago and we had 6 I-797C NOA's in 6 envelopes.

Two each for I-485, I-765 and I-131. Half were dated Dec 17 and the other half were dated Dec 18.

I am sure every thing is OK but it's just a little odd.

Good luck to everyone!

Yeah I just got the same thing... The original 4 NOAs were Notice date December 18th, now I got 4 more with December 17th as the date... I thought that was odd also.

Got the Biometrics appointment today for January 7th. So far no RFEs...

Got all of our NOAs today... Received date Dec. 14th, Notice date December 18th for each... I guess I can now attemp to track the case online, is that correct? Will be looking for that biometrics appointment letter in the mail. Great to see everyone's progress and that we're all moving at about the same pace...

Yeah, I made a mistake of sending everything through certified mail so I can't see delivery confirmation, but the way they explained it to me in the post office is that I should be getting something in the mail saying the package was delivered... But based on what I've been seeing I'm hoping to get our NOAs in the mail next week, or the week after at the latest (if delayed due to holidays)... I sent the packet off on Dec. 12th, so it was probably delivered 12/15-12/16... But I agree the spreadsheet is great to track progress and calm you down when nothing comes in the mail just yet...

You should have received a confirmation number/tracking number if you sent the package certified. If you have that, go the USPS's website and request that you receive all (including previous) updates on your package. This will allow you to view when and who received you package.

Thanks... It worked, I put the tracking number in and what do you know it tracked the package. The lady at the post office for some reason told me I couldn't get delivery confirmation or something... But yeah it was delivered on Dec. 14th (Sunday???)... So hopefully I get something back soon.

Yeah, I made a mistake of sending everything through certified mail so I can't see delivery confirmation, but the way they explained it to me in the post office is that I should be getting something in the mail saying the package was delivered... But based on what I've been seeing I'm hoping to get our NOAs in the mail next week, or the week after at the latest (if delayed due to holidays)... I sent the packet off on Dec. 12th, so it was probably delivered 12/15-12/16... But I agree the spreadsheet is great to track progress and calm you down when nothing comes in the mail just yet...

Of course you can and should include your son's birth certificate - like everyone else has said, it is good proof of an ongoing relationship. It does not matter when you where married compared to when your child was born. I'm adjusting from F1 visa and was also resently married although we have a child together. I included her birth certificate and so far , don't jinx me, every thing has gone fine in our process.

Try and include some other things with your names on it if you can but I wouldn't worry too much. I'm no expert, but I bet you'll be fine. I think we all just stress too much over how much is enough evidence and if they wil over analyze it like we do. You should have enough evidence, if anything in fotos, cards etc. that I'm sure you accumulated over the years. By the time of the interview, I think that's when they want to see all that. I think....

Thanks to everyone for the replies... I feel more confident now, and I anyway double and triple and quadriple checked everything... Just an update I sent everything off on Friday December 12th certified mail, so it should get there some time this week...

For bona fide evidence we ended up submitting:

1) Childs Birth Certificate

2) Print out of joint checking account information with both of our names on it

3) Print out/copy of our driver licenses with the same address on both

4) Print out/copy of our state vehicle registrations with same address on both.

Hope that's enough to avoid an RFE

How will I be notified of this NOA thing? Is that something you get in the mail? I sent cashier's checks so I will not be able to track when they cash the checks I guess...

finally, I-485 check cashed. phew. biometrics check not cashed yet.

USERNAME.............SENT.....RECVD.....CHECKS...NOA/s....BIOM.....VSA...RFE...EAD......AP......INTERVIEW...APPROVAL

aravis227 ..............NOV.28...NOV.30...DEC.11...............................K1

D08.......................DEC.01...DEC.02.......................................

......F1

blarf .....................DEC.01...DEC.03...DEC.11................................F1

Georgian@ ............DEC.02...DEC.05..............................................K1

mimigrant .............DEC.03...DEC.04...DEC.15................................H1B

Oneil's_wife876 .....DEC.03...DEC.04...DEC.12................................K1

whatif....................DEC.04...DEC.05...DEC 12................................M1

TheATeam ............DEC.06...DEC 08..............................................K1

SMOKE .................DEC.08........................................................

kennyandhandan ...DEC.08..........................................................

Mary'n'Ev...............Dec. 15............................................................. K1

AOSfiler13.............DEC.12...................................................

.........H1B

Ok, I sent in ours on Friday December 12th after checking everything for the umpteenth time... . Hope it will get there some time this week (they said 2-3 days at the post office. I guess I can actually start a timeline for us as well...

Here's some tips straight from USCIS. http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Part 3 says do NOT us ACCO fasteners.

LOL Yeah I saw a different post on USCIS web-site that said to USE ACCO fasteners... I guess just another example of them contradicting themselves...

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

But thanks... I think I will use paper clips instead.

use paper clips for each form including evidence..

if u need to add small notes just clip it..

then put in them a big envelope..

that's what we did in K1 and AOS..

.

Thanks for your response... I read something on here and on USCIS web-site about ACCO fasteners (whatever they are, I had to google it lol). So I guess I'll try to use those. It's going to be a pretty hefty package, is it even going to fit in USPS envelope???

About to file my AOS package that includes the following forms:

1) I-485 + supporting docs

Including:

a. I-864 + supporting docs

b. G-325A

c. I-693 (sealed)

2) I-130 + supporting docs

Including:

a. G325As for both

3) I-131 + supporting docs

4) I-765 + supporting docs (including copy of I-94)

Does anyone have any tips on how they organized this huge mess of forms + supporting evidence docs before they mailed it off? I mean do I just shove everything into the envelope, separate everything into folders, label evidence + forms with stick-it notes etc....? Any ideas???

Hello... Trying to fill out form I-864 for submission of AOS package. If my wife (who is a USC sponsor) changed jobs half-way through the year and also had retail jobs to supplement her income, what should she put for questions 23 and 24a:

a. Her annual salary at current full-time employer? (this would be enough to qualify)

or

b. An estimate of 2008 income from all sources (that would be very hard if not impossible to compute right now)?

Also if she has a retail part-time job, should she put that employer/income down as well, even if she doesn't need that figure to qualify?

I would appreciate your thoughts...

Hello... I'm new to this site as a member but I have been reading quite a few posts and found them very helpful, so thanks everyone...

I'm currently on H1B status (although it is going to expire soon since my company announced massive lay-offs). I've been in the states for over 10 years first as a student and then as a temporary worker. I have met my wife in college, but we just recently got married. We have a son who is 7 years old....

My questions are:

1) I saw that child's birth certificate can be used as evidence of bona fide marriage, but I also saw the following phrase "Birth certificate of any child that has been born to your marriage". Technically, our child has NOT been born TO our marriage since we've had him way before we got married. So does the certificate still counts as evidence of bona fide?

2) Also, we just recently moved in together (this Fall) and the house is in my name, so there is no primary evidence of common residence (like a lease or a deed)... And we didn't do the bills thing yet where she's added to the bills, and anyway those are almost all electronically paid, so they don't really come in the mail. She's changing her driver's license address and her USPS address (yeah we should have done it a long time ago, but we didn't think about it until we started looking at this whole AOS process) to our current residence. And we opened a joint checking account which shows both of our names under the same address...

Would this be enough as evidence, or do we need more?

I read on this site that people normally don't submit a lot of evidence with their application, but instead collect it in between application and interview and then bring it with them to the interview...

Finally, I see that the "standard" story on this site is someone coming into the country as K1,2 and marrying->AOS etc... So the fact that we've known each other for this long (had a child etc.) and are just now getting married, could that be construed as actually more suspicious? I don't know why, but I'm just really nervous about this whole process so maybe I'm being too paranoid... Thank you.

P.S. Oh, I'm sorry but one more question:

3) On I-864 where they ask for current income number, can she put her current salary even though she got a new job mid-way through the year? I think it's next to impossible to try to calculate the "expected" income for 2008, since she has had part-time jobs to supplement her income and changed jobs/salaries during the year... Also her salary this year is significantly different from 2006 and 2007, so since it's auto-considered suspicious we decided to provide her job/employment letter and her recent pay-stubs (how many?) in addition to 2007 tax info...