harley2936

Thank you for the info. We will stay put until we receive it. Shouldn't be long now. The IO never said a thing about any of that during the interview. But we will just be patient until we get the actual card. Thanks again.

Thank you so much. So, if we want to go to Canada, we have to wait until he get the actual card in the mail.....or can we use the travel document until it arrives?

Hello all,

Just wondering a few things here. My husband received his letter welcoming him to the US and said his green card will arrive in 3 weeks. My questions is...

What will he need after he receives his actual Green Card?

What does he need to have when we want to cross the border into Canada?

What do we need to bring into the SS office to lift the restriction on his SS card?

Does he need to carry his work permit with him anymore?

Do we need to have his travel document with us to cross any border?

Any help would be appreciated. Thanks in advance.

Well, we went in for our interview and everything went great, except that neither one of us had our divorce records from over 25 years ago. So the interviewer said that we need to obtain a copy of each and than submit it and my husband would get approved. We actually got the court houses to dig up the old records and send us copies and we made an info pass appointment in Seattle...went down and turn the papers "in person". Have had two incidences before where the papers I sent to the Seattle office never got there, or to the right person. It has been three weeks....still nothing in the mail. Is this normal?

Thanks

It has been 4 days since they cashed my checks, is it normal that it is not showing up in the case portfolio yet on the uscis site? thanks

It may take a few days. Ours appeared online the day the check cashed. Our I-485 and I-765 were touched after biometrics. but since then, the status hasn't changed/been updated - we already have our interview letter.

The online system isn't very reliable so don't worry if your case number doesn't appear or if it does but isn't updated.

Anyway, since your check already cashed, you should receive your NOA (receipt notice) soon, within 30 days of mailing your packet.

Hope that helps!

Thank you, I realize the system is slow and usually doesn't update to regularly, but we are just so happy to see it all in motion. Again thanks for your response.

I was just wondering how long it takes once they have cashed your checks for your MSC number to be entered into the system at the USCIS website. I can not wait to actually see it online that it is in the system. I have not received anything in the mail yet, but they cashed my checks for the I130 and I485 yesterday. Thank you for any input. Guess I am just excited and anxious.

Carla

Yes I know that I have had a lawyer tell me that Washington doesn't care what Wisconsin law is. I know that the marriage wouldn't be reconized in Wisconsin....but we don't care....will never be moving back there anyway. Thank you for your input.

I have confirmed this with a couple different laywers....just on the phone. But I was told that we don't have to wait the required 6 month period before remarrying as stated in Wisconsin law because we have been residents of Washington for over 3 months. Washington only has a 3 day waiting after we get our marriage license. Someone I was talking to yesterday has me wondering now. They said that you can not get remarried for 6 months no matter where you live now, and that the state of WI could file charges agaisnt us if we do. I thought I had this part figured out and didn't have to worry about it......has anyone had any experience with this type of issue. Thank you in advance

I do file the I 130 along with my aos right? I am second quessing all my research now that it is getting down to actually sending it all in.

Did his deportation issue get taken care of so you aren't worried about that anymore?

Well I guess I will have to worry about that until I get the papers filed. Just getting the timing down with canceling and applying.

Hope it gets sorted out. Glad to know you guys are working through the tangled mess.

Thank you for the kind words....keeping my fingers crossed and we will see what happens. I just have to make sure everything from the previous one is canceled before I can get the new one filed. That will be the trick I guess. I am wondering if you have any advice on whether we should send in a letter of cancelation or go in for the interview in three weeks and have them cancel it and turn in all his documents. Like his travel and work permits?

Did his deportation issue get taken care of so you aren't worried about that anymore?

Well I guess I will have to worry about that until I get the papers filed. Just getting the timing down with canceling and applying.

My understanding is that any application/petition needs to "stand alone" with no ability to "incorporate by reference" to anything previously filed.

Okay thanks for the info...I have been hearing that too. So do you think it would be beneficial at all for me to send any of the approved previous documents along for evidence when I send in the packet? As you can tell, our lawyer was really no help to us at all except to cash the check, and than ignore us. So any info would be greatly appreciated.

I guess I will just start all fresh and new and go from there. Thank you again for all your information. I will be logging on alot more once I get all the paperwork actually sent in. And I am hoping you will help out than if I have any concerns. Thanks, Carla

My understanding is that any application/petition needs to "stand alone" with no ability to "incorporate by reference" to anything previously filed.

Okay thanks for the info...I have been hearing that too. So do you think it would be beneficial at all for me to send any of the approved previous documents along for evidence when I send in the packet? As you can tell, our lawyer was really no help to us at all except to cash the check, and than ignore us. So any info would be greatly appreciated.

I moved the thread already....

Again, I believe his current I-485 needs to be resolved before you can do anything... I am certain an alien cannot have two pending applications to register as a resident.

Thank you for moving the thread for me. The old petition will be canceled before I file for sure. I will make sure of that. At that point I will be sending in the I485 packet with the I130 petition.

I guess I was just wondering if we could use any of the old material that has already been accepted. When we were at the Seattle office the investigator told us to send in a cancelation for the hearing due to divorce and file the new packet with an explanation timeline to the events that lead up to the new petition and that it should be a go.

This has the makings of a procedural "nightmare" if you do it wrong...

What is his current immigration status? How did he enter the country 12 years ago?

What paperwork do you have filled out and ready to go?

How confident are you with the advice from the attorney regarding immigration matters? (must not be or you wouldn't be here, right?)

I gotta believe that a decision on his current I-485 needs to be rendered before you can even begin to petition for him...

One thing I am certain about as this is NOT a K-1 visa issue... moving thread to different forum

Thank you for your reply. I was not sure what section to put it in. So how do I find out what forum you put it in? I am a neebie. 12 years ago he came in not inspected and than they filed a I-130 and it was approved. We have been back to Canada with his travel permit 3 times with no problems. I am not sure if that means anything. I have the I485, I130, I765, G325's filled out and all evidence that is requested ready.

This has the makings of a procedural "nightmare" if you do it wrong...

What is his current immigration status? How did he enter the country 12 years ago?

What paperwork do you have filled out and ready to go?

How confident are you with the advice from the attorney regarding immigration matters? (must not be or you wouldn't be here, right?)

I gotta believe that a decision on his current I-485 needs to be rendered before you can even begin to petition for him...

One thing I am certain about as this is NOT a K-1 visa issue... moving thread to different forum

Okay...where do I start. My financee has been living in the US for 12 years and was married to an American and their divorce is final on 12-2-09. We have been together for two years and plan on getting married on 12-5-09. He had applied for his I485 and everything was filed and his fingerprints, medical exam and all processes done except for the final interview. Of course with them going through a nasty divorce and it dragging out...his lawyer had postponed two of the interviews to get us closer to the final divorce date. We went to his interview in Seattle 3 weeks ago and the interviewer said that he would request more evidence so that the interview decision would be delayed until after we got married. I have all the paperwork filled out and ready to send in as soon as we get married. But I was just wondering....on the I765 should I check to renew his current work permit, or do I have to file for a new one. I plan on sending in his copy of the medical exam also....not sure if they will except it, but it was performed less than a year ago. I will be sending in a cancelation of the case due to divorce to the field office. The new interview was rescheduled and we got the letter in the mail. Can anyone help? Thank you, Carla

I notice you do not have a time line. Just wondering where you are gaining your experience from to lend advice?

So a timeline is all that is needed to be able to provide advice? WOW... so many noobs have timelines... we all know they are qualified....

So ones education in lets say law school does not count?

just a question....why so defensive? wow

There is a form that the USC petitioner would supply when he would be denied the visa he would require to return, yes.

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

is there a form letter for that?

I notice you do not have a time line. Just wondering where you are gaining your experience from to lend advice?

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

is there a form letter for that?

I canceled a AOS at the last step (The interview) with my now ex-wife. I found out that she married for the Green Card. I went to the local USCIS office and spoke to an officer. They took care the rest for me.

She could have still petitioned herself, if she had either 1. Proved that she was filing for a divorce for because of some type of abuse. It had to be documented by Police records, Medical records, etc. 2. That she can support herself with a job, housing, etc... then she would then had to apply for a work related VISA.

Very important that you don't play games with the USCIS, ie: lying to them. They will find out and in her case they did. She is currently banned from entering the U.S. for 5 years and then her being granted a VISA in the future is highly unlikely. *Karma is sweet*

It's true, it's hard to petition for the USCIS to continue the AOS while going thru a divorce. Not impossible! The main idea that the US government wants to be assured is that the burden of the immigrant won't be on the welfare system.

I appreciate your reply. Okay, now this is what I am wondering. If he goes into the interview....even though he is going through a divorce that isn't final yet. As long as he can prove that he will not be a burden on the system....as far as a place to live and a job history.....which he has. He has been living here for 12 years and has had a job the whole time and has owned a home the whole time also. We are thinking of canceling the AOS and starting over when we get married. Just start fresh and new. But it would be alot less of a hassle and money if he could just get do it with the current AOS. Ugh....so much info and so little time.

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

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Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.

245(i) is a type of amnesty and is granted only to those who had a petition filed for them prior to 2001. Your fiance does have an I-130 on file before then, so maybe it is something worth looking into. I am certainly no expert on it and you should talk to someone who is. His case is complicated, in part, because it is drawn out enough to span two different eras in immigration law. 245(i) was a way to grandfather in people already here when new, stricter laws hit the books (and apply to everyone since).

If he entered through a POE, then he would be considered "inspected" and thus not EWI. It is a very important distinction. Your previous response gave the impression that he had entered without inspection which is what DM was addressing above.

I apologize for the misunderstanding......yes he came in through a POE but did not state the reason of coming here to be married. Does that matter? And would the 245 be something that we would be able to file even though he and his petitioner ( soon to be ex wife) will not be married as of June 3rd. I do not believe so. That is why we are going to cancel this i485 and start a new one with him and me. I guess I won't be so confused if our lawyer would actually get back to us for more than 1 minute a week. Yes, I am in the process of obtaining a new lawyer. Not that he is not good, but because I can never get the answers we need. This is a very time sensitive matter, and we are going nuts.

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

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Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.