MalolosToUSA

Congrats to everyone who have been approved!

My wife received her card on April 26!!

Just received email notification that my wife was approved for GC. Filed VSC. Very surprised Vermont is moving. Not complaining, though.

Added our information to the VSC list.

California Service Center (11 applicants)

VJName............Date of I-751.....NOA1 Date......Biometrics......Approved....

ONE DIRECTION.......09/29/12........10/01/12........11/02/12.......--/--/--....

SEBAS&LILY..........10/01/12........10/03/12........11/01/12.......--/--/--....

OBNANCY.............10/03/12........10/04/12........--/--/--.......--/--/--....

ZEBAN...............10/09/12........10/11/12........11/07/12.......--/--/--....

LEENIE..............10/12/12........10/15/12........11/09/12.......--/--/--....

CATSY...............10/12/12........10/15/12........11/16/12.......--/--/--....

GARFIELD529.........10/15/12........10/16/12........11/09/12.......--/--/--....

VJ-NEWBIE...........10/16/12........--/--/12........--/--/--.......--/--/--....

KIMBEAR.............10/16/12........10/18/12........--/--/--.......--/--/--....

GROOVYAARDVARK......10/20/12........10/22/12........--/--/--.......--/--/--....

A + M...............10/22/12........--/--/12........--/--/--.......--/--/--....

Vermont Service Center (17 applicants)

VJName............Date of I-751.....NOA1 Date......Biometrics.....Approved....

MRTEE12.............09/29/12........10/02/12.......11/05/12.......--/--/--....

SMSGRL2009..........09/29/12........10/03/12.......--/--/--.......--/--/--....

AN & CH.............10/01/12........10/02/12.......11/08/12.......--/--/--....

MalolosToUSA........10/03/12........10/09/12.......11/06/12.......--/--/--....

GLYNN & JEAN........10/05/12........10/09/12.......11/09/12.......--/--/--....

CRISSIE.............10/09/12........10/11/12.......11/08/12.......--/--/--....

SISJ................10/09/12........10/15/12.......--/--/--.......--/--/--....

FELIX01.............10/12/12........10/18/12.......--/--/--.......--/--/--....

PAULABBY............10/15/12........--/--/12.......--/--/--.......--/--/--....

CHINA1022...........10/16/12........10/17/12.......--/--/--.......--/--/--....

YACHACHIQ12.........10/16/12........10/19/12.......--/--/--.......--/--/--....

LOVE IS PATIENT.....10/16/12........--/--/12.......--/--/--.......--/--/--....

PACIENCIA Y FE......10/18/12........10/22/12.......--/--/--.......--/--/--....

DAVEE...............10/19/12........--/--/12.......--/--/--.......--/--/--....

ER NEAL.............10/19/12........10/22/12.......--/--/--.......--/--/--....

MIKEANDJAQ..........10/??/12........10/22/12.......--/--/--.......--/--/--....

MISSIN MISS D.......10/26/12........--/--/12.......--/--/--.......--/--/--....

IMPORTANT!

* Make sure that your VJ Text Editor setting is set to Rich Text Editor.

* Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.

* Please DO NOT change the font, font size, add colors, stuff like that.

* Please PREVIEW before posting to make sure it is properly formatted.

* Please check that you have not deleted anyones NAME & DATA.

Date of I-751 = The Date you sent your application

NOA Date = The Receipt Date on your original NOA letter

Biometrics = The Date of your biometrics appointment

Approved = The Date your case was approved

* Please Capitalize your VJ Name when adding it to the list.

* When you're on this list, please come back to update your information accordingly.

* If you cannot add your information yourself, please ask another VJ member to help you do so.

My wife (PI citizen; US Green Card holder) and I just returned from the Philippines this past Saturday. Her PI passport and US Green Card were the only documentation she needed upon return to the US. One clarification from the previous post. It is correct that you must go to the desk in NAIA to get the travel tax exemption, but it is not free. For PI citizens who do not resided in the PI (e.g. US Green Card holders) you have to pay a 200 piso fee. Just show them your Green Card and you will be good to go upon checking in. It was my wife's first return trip in two years. She stayed for 6 weeks.

Safe travels.

I wanted to add some good news to the board. I think the VSC is beginning to work on May files. Our friend was staying with us while her husband was deployed and she applied for ROC through the VSC while she was with us. She has a NOA of 17MAY2011. Her bio was 05JUL2011 and she received the approval letter yesterday, 06SEP2011. No interview and no RFE.

I wish everyone luck. My wife and I will be doing ROC next summer.

This is very good to know. Thanks. Can you tell me if you sent a certified copy of the divorce decree with your I-129F, or was it a copy of a certified copy, or just a plain uncertified copy? I'm also concerned about an RFE since I did not pay extra for a certified copy I to send. I'm hoping they can wait for the interview for a certified copy.

-James

With the K1 packet, I included a photocopy of my certified divorce decree ensuring that the seal/stamp from the court was clear and legible. Before the K1 interview, I sent my fiance the original in case she was asked. She was not asked anything at all about my divorce during her interview. Based on my experience, you should be good with what you sent.

I was in a similar situation as you. I started dating my current wife while waiting on my divorce to be final. I filed for the K1 within a few weeks of my divorce being final. We did not experience any problems or RFEs. The ex wife was never contacted. I was never worried about the K1 filing being so close to the divorce since immigration only cares that you are free to marry. Of course, you have to have proof of an actual relationship with your current fiance. Good luck in your journey!

Congrats on getting your license! This is a case of incompetence working in your favor. It is obvious that the DMV workers know nothing about this. This is a good thing for you. I think the rule is outrageous.

There is another article out this morning stating the Virginia Attorney General has confirmed that an EAD is not valid for proving legal residency.

http://hamptonroads.com/2010/11/cuccinelli-dmv-can-refuse-federal-papers-licenses

The state Department of Motor Vehicles doesn't have to accept federal working papers as proof of legal presence in America from those applying for a driver's license or other form of identification, according to a legal opinion by Attorney General Ken Cuccinelli.

But it isn't prohibited from doing so either, Cuccinelli said.

The guidance comes about two months after Gov. Bob McDonnell instructed the DMV to stop accepting a federal employment document provided to immigrants as a way to show they are here lawfully when applying for a license.

In his opinion, dated Friday, Cuccinelli advised DMV Commissioner Richard Holcomb that his department "has the authority to accept or to refuse to accept" the federal Employment Authorization Document.

That's consistent with state law, which "gives the commissioner and no one else the discretion to decide what documents are used to prove legal presence," Claire Guthrie Gastanaga, a lobbyist who works on immigration issues, said after the release of the opinion.

She urged Holcomb "to use that discretion to reinstate acceptance of the Employment Authorization Document."

Despite that plea, it appears unlikely the current policy will change any time soon.

"Until the federal government can provide clear assurances that everyone who has an EAD is lawfully in this country, we will direct the DMV to continue not accepting this paperwork for purposes of receiving a Virginia driver's license," McDonnell spokesman Tucker Martin wrote in an e-mail.

Holcomb also sought guidance on whether the DMV has the power to take action if the holder of a state-issued license or identification card is the subject of deportation proceedings.

Responding to that query, Cuccinelli told Holcomb that the DMV lacks the authority to rescind previously issued state forms even in the event of deportation but can require a person to provide proof of lawful status if he or she applies for a renewal.

McDonnell in September ordered the DMV to cease taking the federal document as proof of residence amid concerns about whether it reflects a person's current status in the country.

The issue arose after Carlos Martinelly-Montano, a 23-year-old from Bolivia with two drunken driving convictions, was charged in an August crash in Prince William County that left a woman dead and two others seriously injured. Police said Martinelly-Montano was drunk at the time of that crash.

Martinelly-Montano had received a federal employment document in 2009 while deportation proceedings were under way, the governor's office said in a September statement. The statement noted that he did not have a driver's license at the time of the crash but had used the employment document to apply for a state identification card.

At the time, McDonnell said "the integrity of the credentials issued by the commonwealth is of the utmost importance."

Damn! Thanks MalolosToUSA... I guess that means I might as well forget about it... I wish the article said something about the 12 documents issued by USCIS that would be acceptable... I guess I'll try anyways and maybe I'll bring the AOS NOA1, but that probably won't help...

And, you can't even get an ID card!!!

Thanks Carlos Martinelly Montano for ruining it for everyone else, you *!$%*%^* !!!

I don't understand how a state can say a FEDERAL document is not valid.....frustrating.

It would not hurt for you to call the DMV before going there.

Good luck.

We live in Virginia but my wife has yet to get a learner's permit. However, this past September, the Virginia Governor issued an order for DMV to no longer accept the EAD (Work Card) as proof of legal residency. This means that you now must have a valid Green Card to prove legal residence. I am not sure if they will still issue a license with a valid I-94. However, if they do, it will only be valid until the I-94 expires.

See article below copied from the Virginia DMV website.

FOR IMMEDIATE RELEASE

Tuesday, September 7, 2010

Office of the Governor

Contact: Stacey Johnson

Phone: (804) 225-4260

E-mail: Stacey.Johnson@Governor.Virginia.Gov

Virginia Department of Motor Vehicles

Contact: Melanie Stokes

Phone: (804) 367-6623

E-mail: Melanie.Stokes@DMV.Virginia.Gov

Department of Motor Vehicles to Suspend Acceptance of Employment Authorization Document as Proof of Legal Presence

DMV Seeks Attorney General Opinion for Legal Presence Verification

RICHMOND - Governor Bob McDonnell announced today that the Department of Motor Vehicles will suspend acceptance of the federally-issued Employment Authorization Document (I-766) as proof of legal presence in the United States, a condition of obtaining a driver's license or identification card in Virginia. This precautionary action is the result of concerns over the document's reliability as evidence of an individual's federal government authorization to be in the country. The card, issued by the U. S. Citizenship and Immigration Service arm of the Department of Homeland Security, is obtained by individuals temporarily authorized to work in the U. S., even if the individual is in a pending deportation status.

The concerns surfaced in August after an alleged drunk driver was charged in Prince William County with a fatal crash in which one person died and two others were critically injured. Police say 23-year-old Carlos Martinelly Montano from Bolivia had been reported to ICE after two previous drunk driving convictions in 2007 and 2008, but was released pending a deportation hearing.

Police report that Montano received an Employment Authorization Document in January 2009 while federal deportation actions were pending, and subsequently used the document to prove legal presence while applying for a Virginia ID card in accordance with current Virginia law. It is important to note that Montano did not have a Virginia driver¿s license at the time of the crash.

Speaking about the decision to suspend use of I-766 documents, Governor McDonnell commented, "The integrity of the credentials issued by the Commonwealth is of the utmost importance. We must ensure that documents accepted as proof of legal presence are reliable. Virginia law is clear in the requirement that an individual be lawfully in the United States to be eligible for an identification card or to have the privilege to drive."

DMV will seek additional guidance from the Attorney General regarding federal documents that should be accepted going forward as proof of legal presence.

Of the 21 documents DMV continues to accept as proof of an applicant's lawful status, 20 are issued by the federal government, including 12 issued by U. S. Citizenship and Immigration Service.

Green card received today!!

Thank you to everyone for the well wishes.

Guys looke at my time line....i also had no touches since 7/21. Also can you all explain what is a service request. and how do i request it. Thanks

A service request is you asking the USCIS to tell you the status of your application. You have to have a basis to file. In your case, your justification for putting in a service request is "past processing time". To put in a service request, call the USCIS and speak to a representative. If the first person you talk to (Tier 1) tells you they cannot file for what ever reason, do not take them at their word. Tell them to transfer you to a Tier 2 representative. The Tier 1 is just a customer service rep reading from a script. The Tier 2 is an actual Immigration Officer.

Good luck.

Filed a Service Request. Will see what happens. It's interesting, I thought we were past processing time because the case was transfered to CSC July 2 and it's been over four months (current processing time for CSC). However, the USCIS agent seemed more concerned with when my case was first received which was May 25. So, is past processing time begin from when case was received or when transferred to service center? In other words, could I have done this earlier?

When I first called for a service request, the Tier 1 representative told me that I could not since it was not past the stated processing time. At that time the website said 4 months, but the Tier 1 representative told me their system said 5 months. I stated that I don't care what your system says, the USCIS website says 4 months. I then told her to transfer me to a Tier 2 representative. The Tier 2 rep was very friendly. He looked at my INITIAL filing date. Said that it was past the 4 month period as stated on the website. The bottom line is that the Tier 2 representative told me that it is based on your filing date. Not the date of transfer.

Now when I called to check on the status of my service request....that is based on the date that the CSC receives the request. They have 30 days from the date of receiving it to respond. In my case, the CSC did not receive my service request until two weeks after I filed it. So essentially, they got 44 days to respond, not 30 since it took 2 weeks for it to get to them.

I hope this helps.

Yayayayay!! Malolos! I have been praying for you guys Glad you got approval! Congrats!

Thank you so much. It does feel good to finally have this over.

Aw congrats, glad your journey is over, now sit back and relax a while

Thank you. A long sigh of relief.

I forgot to say yesterday that when we got the card & were looking at it it says "Resident since 10/13/10." Meaning that they approved it almost 2 weeks before letting us know, and making us fret that they never got our RFE response. Arrrrgh! Thanks for the ulcer, USCIS!

Gotta love the USCIS!! I can imagine an officer sitting back in his chair looking at your approved paperwork just smiling figuring out how much longer he can make you wait.

Wow! Congrats! I will call and put in the service request tomorrow. If I remember correctly, my wife who is applying for the GC needs to be with me or call herself, correct?

You are correct. She has to be with you because the USCIS representative will ask your wife for permission to talk with you.

Good luck.

FINALLY!!! Green card approved.

I see. Wow, mine does not even have a date on when it was transfered, it just says "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office." Is it possible it never even made it to California? This sucks.

I want you to know there is hope........Green card approved today! I think you should submit a service request. I think this is what jump started our process after getting stuck in the black hole of the CSC. Good luck.

Thanks for the quick reply.

Just curious, what is your status? "Initial Review" also? As I mentioned before, ours has been at initial review for almost four months. And as far as we've seen, there have been no touches since. Same info as four months ago. I've read some other folks on here having it in this stage for even six or more months. I'm just hoping that this is not an indicator that something is wrong...

It is in "Initial Review". It has been there since shortly after USCIS recieving it. I cannot remember exactly when, but the description under the Blue Bubbles still says "On June 8, 2010 your case was transferred.......". No updates on the since.

So very frustrating!!

Thanks everyone for their responses so far. I will probably go ahead and attempt an INFOPass and Service Request.

MalolosToUSA, when you say no touches since July 21. How do you know this? Our case was transfered to CSC in mid July, how can we know whether or not it has been "touched" since then?

Check the status on the USCIS website. Same as before. The location of processing has no affect.

We filed on May 11. Transferred to CSC on June 8. No touches since July 21. I put in a service request on Sept 20. Called last week to check on the service request and was told that the CSC received the service request on Oct 4 and has until Nov 4 to respond. I will call back on Nov 4 if I do not get an answer before then. If the answer is not to my satisfaction, I will contact my Senator. As a side note, we have not received any type of RFE.

You are not alone in your frustration. Especially when they say files are processed in the order received yet filers long after us have already been approved with Green Card in hand.

Woooohooooo!!! Congrats... your AOS race is finally over. I'm so happy for you.

Nov. 4 is just some few hrs away. We're counting down together!! Its well

Thank you for the well wishes. Not too long...but I keep wondering what they are going to tell us. Will it be another delay or good news?

I hate when they say stuff like that! November 4 is around the corner though - a week from tomorrow! Hang in there - I'll be sending good vibes your way this week!

Thank you for thinking of us. I will post what we are told. Hopefully good news.

Thanks! Any news on yours at all since the service request?

No news of significance. I called USCIS on Monday and was told that the CSC has until 4 Nov to respond. More waiting..............

Thanks for asking.

APPROVED!!! APPROOOOOVED!!! Finally!!

Congratulations!!! I know it has been a long road.

Hello, does anyone know the current wait time to process a new e-passport? We drove up to Washington D.C. September 7 of this year to renew my passport at the embassy, just wondering how long I can expect to wait before its returned in the mail. Need it to return to PI asap!

Thank you

My wife applied for her e-passport at one of the outreach program events on 11 Sept and was told she would have it in approximately four weeks.

Update for us: we are now in the process of re-doing the medical exam and of course it's been a hassle. We found a CS who would do the exam for $72, so we went there. Sifa needs a new chest x-ray (even though he had one in December for the K-1 and another one in April or May when he went to volunteer at the hospital, but they won't use those.) so now we're going to the health department tomorrow to get that, then he has to go BACK to the CS with the results and they will fill out the I-693 and we can send it in. Just frustrating...we're hoping though that once we send this in approval will be right after that so we can stop dealing with USCIS for a while!

I know this is so frustrating for you both. I wish you the best of luck. We still have not heard anything even after submitting a service request.