SophWeb

Thanks for the replies.

Even though it sucks waiting, at least now I won't get my hopes up

Hi, I know heaps of people have asked this same question, but from what I've read there seems to be conflicting opinions.

On Feb. 3 my AOS was moved to the CSC.

I've read that this is supposed to mean your petition is being fast-tracked and you probably won't get an interview, but others say that the CSC is currently taking a long time to process all their cases.

What's the current situation with the CSC?

Thanks!

How do you make an infopass appointment?

http://infopass.uscis.gov/

Just go there and follow the instructions.

You could make an InfoPass appointment to see what was going on. The Immigration officers there have more direct access to your application.

When I went there with a problem with my application, the Officer was able to look up all my information right there in front of him and find out exactly what the problem was and he fixed it right there and there.

Just wanted to update and let yall know that I check my case status online today and it said that on Jan 28 my EAD Card was in production.

Typical! I panic about it and then a couple of days letter the card is in the mail! lol!

Processing is paused on everything when you have an RFE. As someone else stated above, the RFE time isn't included in the wait time.

The notice you have is telling you that they're checking your response to make sure it's okay. If it's determined it's okay you'll get an update saying something like "Case processing resumed".

It's promising for your EAD that you finally did your biometrics because you wouldn't get the EAD without biometrics. Hopefully you'll get it in about a month but it could take up to the 3 months expectancy.

Ahh I see. I didn't realize that the process is paused during the RFE time. Makes sense now.

I don't mind waiting longer for the EAD now that I understand why it's taking longer.

Thank you so much.

Can anyone help me understand what's going on with my AOS?

I filed AOS 20 Oct, 2010 and received a RFE on 5 November. I sent that RFE on 2 January 2011 (took a while to compile the documents I needed), and my online case status for my AOS says "Request for Evidence Response Review - On January 4, 2011, we received your response to our request for evidence.

I had my biometrics takes on 12 January 2011.

I have not received my EAD - it is now past the 3 month expectancy.

Also, when I look up the status of my AOS online it says -

"You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done"

I know it hasn't been 60 days yet, but can someone please explain to me what the last part of that sentence means?

Does it mean that I won't be receiving a response about the RFE?

Or will the response to the RFE be later than 60 days because I had my biometrics done?

And what's going on with EAD? Is that now delayed because of the RFE?

I'm just a little confused on what to expect from USCIS.

Thank you!

I had a similar experience when I applied for my SSN. I went in and tried to apply for under my new married name. I brought my marriage license and identification. They said that since my 1-94 did not hold my married name, I could not get a SSN since the names did not match up. They were extremely rude.

So I left, and came back the next day and spoke to a different person and applied again under my maiden name. I did not bring up the fact that was married or anything like that. It took 5 minutes and they gave me my receipt that said my SSN would arrive in the mail in 2 weeks. Technically, my maiden name is still a valid legal name. My passport (my only photo identification) hold my maiden name, so that's the name I can go under.

Once I get my passport changed to my married name, I'm just going to go in get my name changed on my SSN to my married name.

I would definitely suggest going to another office, and apply under your maiden name if that's easier. Then get it changed afterward. It's not difficult to get it changed.

I had a similar experience when I applied for my SSN. I went in and tried to apply for under my new married name. I brought my marriage license and identification. They said that since my 1-94 did not hold my married name, I could not get a SSN since the names did not match up. So I left, and came back the next day and spoke to a different person and applied again under my maiden name. I did not bring up the fact that was married or anything like that. Loo 5 minutes and they gave me my receipt that said my SSN would arrive in the mail in 2 weeks.

Once I get my passport changed to my married name, I'm just going to go in get my name changed on my SSN to my married name.

I would definitely suggest going to another office, and apply under your maiden name if that's easier. Then get it changed afterward. It's not difficult to get it changed.

I'm not familar with Gineau immigration laws, but how are you going to get into the country, let alone on the plane, without a passport? How will you prove your citizenship without your passport?

As far as I know, if you're entering a country (coming from another country), you need your passport to prove you are allowed to enter said country. I've never heard of using any other identification (except for some military etc) being accepted when you enter and get processed by Immigration officers.

I'm sorry I don't have a solution, I just wanted to point out that you may have issues entering the country since no one has brought that up yet.

This is not true. Once you are an American Citizen, that is it. They cannot revoke your citizenship for simply not living in the country. So long as you keep an active U.S. passport (which is renewable at a U.S. embassy), and you enter the U.S. with that passport, then you should never have a problem entering the U.S. if you've been away for an extended period of time.

That being said, there ARE reasons they will revoke your U.S. citizenship. Acts of treason, holding a public office in a foreign state, sometimes being apart of foreign armed forces and lying during the Naturalization process will generally get your U.S. Citizenship revoked. But just being out of the country will NOT lead to your citizenship being revoked.

Also, they USCIS cannot just arbitrarily pull your citizenship. Revoking one's citizenship must be approved by a Federal Judge, in a Federal Court, so they'd have to prove in a court of law that you did any of these things. Basically, once you have your citizenship, so long as you behave, it's easy street.

Just wanted to add - sometimes the U.S. Government is difficult if you acquire another country's citizenship on top of your U.S. Citizenship. This applies to natural-born USC too. Straight from the government website - "A person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship....Intent can be shown by the person's statements or conduct. The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause."

Here is more information - http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

I believe you would have to stay here until you become a U.S Citizen, because people with green cards CAN NOT be out of U.S for more than 6 months so even if you get your green card there is no point u have to come back if u do not want to lose anything here ... <b>but I also heard from some people even when you have your citizenship and live overseas you have to come back to U.S once in a while, I'm not sure.. correct me if I'm wrong </b> you never know what life brings tho ..are you having a hard time finding a good paying job? there is a lot of jobs in U.S you have just need school and work haaaaaaard ! im sure u know that . its not easy but thats how it is here..i know so many people at the age of 35 they decide they want to go back to school because they are having a hard time climbing up that latter here ..

This is not true. Once you are an American Citizen, that is it. They cannot revoke your citizenship for simply not living in the country. So long as you keep an active U.S. passport (which is renewable at a U.S. embassy), and you enter the U.S. with that passport, then you should never have a problem entering the U.S. if you've been away for an extended period of time.

That being said, there ARE reasons they will revoke your U.S. citizenship. Acts of treason, holding a public office in a foreign state, sometimes being apart of foreign armed forces and lying during the Naturalization process will generally get your U.S. Citizenship revoked. But just being out of the country will NOT lead to your citizenship being revoked.

Also, they USCIS cannot just arbitrarily pull your citizenship. Revoking one's citizenship must be approved by a Federal Judge, in a Federal Court, so they'd have to prove in a court of law that you did any of these things. Basically, once you have your citizenship, so long as you behave, it's easy street.

Check, but my recollection is that the AP has to be issued before you leave, but if you have left and it comes a few days later with a prior date it can be sent on to you and you can use it.

When you apply for an expedited AP, you have the option of giving the Immigration Officer your credit card number so that they can overnight it to you. That would alleviate some of the wait for the actual document.

thanks for this post but can I clarify... you're attending college in Jan 2011 where? In the US? Why did you need AP approved quicker?

I'm attending Blinn College in Bryan, Texas. It's a small Community College. Based on my AOS filling date, I expected the AP to be approved in January, when I was due to be attending school. I explained to the Immigration Officer that I didn't want to/couldn't wait until the end of the semester to travel because I wanted to deal with some unfinished business such as dealing with bank accounts, visit my family and bring back more of my belongings. He said that because it was not an emergency, my AP would be requested under 'Humanitarian Reasons' and it was approved in 24 hours.

He never asked to see any proof of enrollment or anything. I could have been completely lying for all he knew.

Have you been waiting years for your interview and heard nothing?

I ask because I recently had an InfoPass appointment to get my AP expedited (it was approved), and while I was there the Immigration Officer realized that there had been a mix up with my file. My A# number had been mixed up with someone else. The officer said that if I had not come in in person that today, and the problem come to light, then I would have never received an interview and my case would have sat there indefinitely and I would have been waiting for nothing. I would hate for that to happen to you. Maybe an InfoPass appointment to see what's up wouldn't hurt.

UPDATE - Today (Monday Nov.8), I received my package from UPS and it contained the actual AP document. I double checked it against example forms here at the community. The document also states it is a multi-entry AP.

They used the photo I provided for my green card application and I was not told to get my biometrics done.

Hello! I just had my request to expedite my AP approved and I wanted to share my experience in case anyone else was planning to do the same thing.

I had an InfoPass appointment yesterday (Nov. 4) to request an expedite because I am going to be attending College when the AP was due to be approved (around January 2011). I brought my passport, and my receipts from my AP, EAD, 1-485, my enrollment records and a printed letter explaining my situation. I went to the San Antonio field office, went through security, sat down and saw an Immigration Officer within 15 minutes. I explained my situation to him, and it turned out that there was a problem with my file. I had given them the wrong A# in my applications and so the officer made a call to another office to fix it. I'm assuming whoever he spoke to worked where they actually handle the physical files because he said that my file had been placed in a "Do Not Touch" area because of the number mixup. Turns out the number I gave them actually belonged to some other guy! The Immigration Officer said he couldn't believe that it happened! But he was VERY helpful and got the issue fixed with this other office. He said if I hadn't come in today then they wouldn't have realized the problem then I would never have received an interview for my Green Card and my application would have been sitting there indefinitely. So WHEW!

So I explained my situation and reasons for wanting to travel to him and offered to show him my enrollment records and a letter I had printed to send off to prove my case. But he said he didn't need to see it. He just explained my situation on the phone to this other guy and said that my request was going to be requested under "Humanitarian Reasons". He asked if my request my approved, did I want to have it overnighted, and I said yes and he gave my credit card number to the guy on the phone. He told my if I didn't have it overnighted it could take much longer because the mail had to go through a few different channels. He told me I will have to wait in the mail for my biometrics appointment letter and the approval letter.

So I checked my bank account online today and I had been charged by UPS. So I checked my AP case status online and it said that it had been approved today (Nov. 5) and they had sent out my letter! As it's Friday, I expect the letter to arrive on Monday. I can't believe it! It took them only 24 hours to approve my expedite!

Overall the experience was very easy and the Immigration Officer was VERY helpful. I would recommend an InfoPass to ANYONE who had any problems with their case. It was so easy talking in person about my case.

The Officer told me that I will have to get my biometrics before I can receive my document, so I'm hoping that they have instructions for that with the approval that they're sending me.

Also - I checked the case status of my 1-485 too and it said I had been sent a RFE yesterday, on the day I had the InfoPass appoitment. I'm not worried about the RFE, but I'm suprised that they've been looking at my case so soon. I only sent it in 2 weeks ago, on Oct. 20. I'm assuming that when they pulled my case for the AP and to fix the number issue that they decided to process it then and there while they had it out.

I hope this is helpful to anyone wanting to expedite an AP. I've heard that a lot of people haven't had much luck with them because of non-emergency situations, but I think since mine was approved because it was requested under "Humanitarian Reasons." According to the USCIS website, that's one of the reasons that they will expedite.

I'm enrolled to attend College in January (which is when I'm due to receive my AP), so maybe I can go that route. Thanks so much, I've messaged that user and asked about their experience.

The user Gary and Alla has reported that they were able to expedite AP on her K-2 son due to school, so it's not unheard of for them to approve AP in an expedited fashion merely to meet your travel schedule.

Hi there!

I have just recently applied for AOS, AP and EAD on October 20, 2010. I want to visit my family for Christmas (I miss them dearly and have two young brothers I want to spend time with!), however I know that AP typically takes 30-90 days. I need to book my flights sooner rather than later, otherwise they will be more expensive and I cannot afford to go, and I don't want to potentially have to miss my flight because my AP took too long.

I have booked an infopass for November 4, in the hopes that I can get an 'Emergency AP' so I can book my flights and not have to worry about not being approved before I'm booked to leave.

My question - my situation is not 'emergency'. Are they very strict about the situation being an emergency? I thought I would go in and explain that I hope to receive my AP before my ideal travel dates, but I need to know I will be able to leave before I feel comfortable to book the flights, since the dates are so soon.

I hoped that it wouldn't be a problem since normal APs seems to given for people who just want to visit family. The reason I need an emergency one is because the dates are so close.

Also, are they any extra fees for getting an Emergency AP? Do I need to bring a check etc?

Thanks for any help!

Hey all!

Just a quick question about Packet #3. I have prepared the items listed in the checklist on form DSL-1076. Those being my police certificate, birth certificate, photocopy of passport, medical records and DS-156/DS-156K.

I'm just a little confused because it mentions (on the first part of DSL-1076), the Affidavit of Support, Photographs, and Evidence of the Relationship. I was under the impression that these were only brought to the interview, not sent in with Packet #3?

Am I supposed to send the Affidavit, photos and evidence too, even though they are not listed on the checklist?

Thanks for any help.

Al H Visa's are work, the H4 isa derivative of the H1 and is dependent on the continuing validity of the H1.

I think he has it screwed up.

Hmmmm, that does make sense.

I suppose the best, and only, thing I can do is get the documentation from the University - then I'll know for sure what's going on. But thank you so much for your help and feedback.

You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.

I don't have an I-94, unfortunately.

Also, I was just about to turn 20 when I left (in June 2008)

There are several things I do not understand, my belief is that a H is given for 3 years renewable once, but your original entry and visa dates do not add up.

And my understanding is that to get a new I-94 you have to do a trip, Canada and Mexico for example to get a new stamp.

I did not think you could extend in country, could be wrong.

The visa in my passport states that it was valid from April 2004 - July 2007. However, we did not enter the U.S. (original entry), until July 2004.

My father said that because it was a family-based visa, we didn't have to make a trip out of the U.S. to get it renewed. I don't have anything that states this though, so who knows if it's true. Hopefully we can get the documentation off the University and all this will be cleared up.

H is not a family based visa, it is a work visa.

Sorry, I meant my own visa (H-4). H-4s are only issued to immediate family members of H1-B etc visas. I know my father's visa is a work one, but H-4 is for family only - we could only live in the U.S. We couldn't work, get a SSN etc.

You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.

I don't have an I-94, unfortunately.

Also, I was just about to turn 20 when I left (in June 2008)

There are several things I do not understand, my belief is that a H is given for 3 years renewable once, but your original entry and visa dates do not add up.

And my understanding is that to get a new I-94 you have to do a trip, Canada and Mexico for example to get a new stamp.

I did not think you could extend in country, could be wrong.

The visa in my passport states that it was valid from April 2004 - July 2007. However, we did not enter the U.S. (original entry), until July 2004.

My father said that because it was a family-based visa, we didn't have to make a trip out of the U.S. to get it renewed. I don't have anything that states this though, so who knows if it's true. Hopefully we can get the documentation off the University and all this will be cleared up.

You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.

I don't have an I-94, unfortunately.

Also, I was just about to turn 20 when I left (in June 2008)

Hey all, I’m worried about the complications of my previous U.S. visa.

Just a little background info- I moved to the U.S. in 2004 on a H-4 visa with my family – my father had a H1-B Visa, I believe. My visa was issued April 2004 and valid until July 2007. My father’s employment was sponsored by Texas A&M University – his employer (it states this on the actual visa in my passport). His original contract to work at the University was 3 years, however he received tenure, and our family continued to live in the U.S. until June 2008. I was told, by my father, that because A&M had granted him tenure, that our visas had been extended, due to his extended employment. We don’t have any paperwork from this extension because apparently the University handled it all.

I’m worried that when I go to my interview, they’re going to think that I overstayed my visa. I’m concerned that they’re going to ban me from entering the U.S., because I don’t have any sort of documentation to prove that I was allowed to remain in the country. I currently have no way of knowing for sure that the extension was granted, because we never handled any paperwork. I’m assuming it was though, otherwise they wouldn’t have allowed my father to continue working there. Also, I’ve traveled back to the states since leaving in June 2008 – I visited my fiance for two weeks in November 2008. If I didn’t have the extension, and had overstayed my visa, then surely they wouldn’t have let me into the country then?

I’ve spoken to my father and he’s going to call A&M, and see if he can get copies of the extension documents. If he can’t get them though, he’s going to see if he can get some sort of official letter from them stating that he was employed until June 2008, therefore his visa was still valid, and therefore mine was too. Will that be enough?

Has anyone else had any experience with this sort of situation? Or could anyone point me in the direction of some solid information regarding previous visas and K-1s?

Thanks for any help.