seven_zai

can my USC husband petition her though?

Hi Everyone,

Kindly please shed me lights on what i need to do to start the petition of my mother to come here in the US. I have my permanent residen tcard issued September last year (2009). I know that it takes years to petition if you are only an LPR, but I'm just curious if I could just file the petition now and what i need to prepare (documents/application forms). Please help me. Me and my American citizen husband just had our first baby July 22, 2010 and i've been thinking about how to bring my mom here.

Thank you.

Hi Vj members,

I wanna thank you all for sharing all your experiences through our AOS journey. We couldn't have done it ourselves without all of you. You all are such a great help. Check timeline below and hope this could help others who are still in the process of adjusting their status.

TIMELINE

********************************************************************************

*******************

07/31/09 sent AOS packet to Chicago lockbox through registered mail

JOURNEY BEGINS here

08/06/09 received by USCIS as per returned receipt signed by Ralph Mercado

08/15/09 received 3 (I485/I130/I765) NOTICE OF ACTION I797 dated August 13, 2009

Receipt Number: MSCXXXXXXXXXXX3

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case received and pending.

On August 13, 2009, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Receipt Number: MSCXXXXXXXXXX4

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Case received and pending.

On August 13, 2009, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Receipt Number: MSCXXXXXXXXXXX5

Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

Current Status: Case received and pending.

On August 13, 2009, we received this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

08/17/09 received 1 (I131) NOTICE OF ACTION I797 dated August 13, 2009

08/17/09 check finally cleared $1365.00

08/20/09 received I797 (I485/I765) - Biometric appointment (date and time 09/08/09 @2pm)

08/24/09 received RFE notice on I485 via email

08/26/09 USCIS appointment (Infopass) asked about possible RFE @245pm

08/28/09 received yellow form RFE in the mail

08/29/09 Responded to RFE

09/04/09 Receipt Number: MSCXXXXXXXXXX1

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed.

On September 4, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. 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 our processing dates to estimate when this case will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

09/08/09 Biometrics appointment. Done and had my name Switched to married name.

09/10/09 Receipt Number: MSXXXXXXXXXX4

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Card production ordered.

On September 10, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Receipt Number: MSXXXXXXXXXX5

Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

Current Status: Approval notice sent.

On September 10, 2009, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Again?

09/15/09 Receipt Number: MSCXXXXXXXXXX4

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Card production ordered.

On September 16, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

09/18/09 received EAD card

09/21/09 applied for SSN

09/24/09 applied for a job

09/26/09 hired

9/28/09 first day at work… went to SSA to ask SSN printout (at 2pm received SSN card and interview appointment in the mail)

11/09/09 – interview day --- APPROVED!!! (To GOD be the GLORY!!!) Approval letter handed by the Immigration officer. Went to DMV and took written exam.

Til 2011… Cheers!!!

Hi Vj members,

I wanna thank you all for sharing all your experiences through our AOS journey. We couldn't have done it ourselves without all of you. You all are such a great help. Check timeline below and hope this could help others who are still in the process of adjusting their status.

TIMELINE

********************************************************************************

*******************

07/31/09 sent AOS packet to Chicago lockbox through registered mail

JOURNEY BEGINS here

08/06/09 received by USCIS as per returned receipt signed by Ralph Mercado

08/15/09 received 3 (I485/I130/I765) NOTICE OF ACTION I797 dated August 13, 2009

Receipt Number: MSCXXXXXXXXXXX3

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case received and pending.

On August 13, 2009, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Receipt Number: MSCXXXXXXXXXX4

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Case received and pending.

On August 13, 2009, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Receipt Number: MSCXXXXXXXXXXX5

Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

Current Status: Case received and pending.

On August 13, 2009, we received this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

08/17/09 received 1 (I131) NOTICE OF ACTION I797 dated August 13, 2009

08/17/09 check finally cleared $1365.00

08/20/09 received I797 (I485/I765) - Biometric appointment (date and time 09/08/09 @2pm)

08/24/09 received RFE notice on I485 via email

08/26/09 USCIS appointment (Infopass) asked about possible RFE @245pm

08/28/09 received yellow form RFE in the mail

08/29/09 Responded to RFE

09/04/09 Receipt Number: MSCXXXXXXXXXX1

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed.

On September 4, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. 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 our processing dates to estimate when this case will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

09/08/09 Biometrics appointment. Done and had my name Switched to married name.

09/10/09 Receipt Number: MSXXXXXXXXXX4

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Card production ordered.

On September 10, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Receipt Number: MSXXXXXXXXXX5

Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

Current Status: Approval notice sent.

On September 10, 2009, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Again?

09/15/09 Receipt Number: MSCXXXXXXXXXX4

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: Card production ordered.

On September 16, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

09/18/09 received EAD card

09/21/09 applied for SSN

09/24/09 applied for a job

09/26/09 hired

9/28/09 first day at work… went to SSA to ask SSN printout (at 2pm received SSN card and interview appointment in the mail)

11/09/09 – interview day --- APPROVED!!! (To GOD be the GLORY!!!) Approval letter handed by the Immigration officer. Went to DMV and took written exam.

Til 2011… Cheers!!!

Go to the SSA office and take ID. If you have been assigned an SSN they can give you the number. You can also ask for an SSN Verification Printout. The Printout will give you some proof of your SSN until the card arrives in the mail.

thank you so so much.

Good luck on finding a job!! You need to take that e-mail to the Social Security office first thing Monday and ask how you can best comply with the requirement. I assume the office accepted your application for the SSN and that the "two weeks" is the time it would take to obtain the actual card? You may have it by Wednesday or Thursday, if that's the case.

Thank you so much for your quick response. I reallly appreciate it. I will go there on Monday and follow your advice in showing them the email from my employer. But do you know if there were cases in the past where you could obtain the SS number personally after a week of application.?

Good luck on finding a job!! You need to take that e-mail to the Social Security office first thing Monday and ask how you can best comply with the requirement. I assume the office accepted your application for the SSN and that the "two weeks" is the time it would take to obtain the actual card? You may have it by Wednesday or Thursday, if that's the case.

Thank you so much for your quick response. I reallly appreciate it. I will go there on Monday and follow your advice in showing them the email from my employer. But do you know if there were cases in the past where you could obtain the SS number personally after a week of application.?

Hi my fellow Vj members,

I received my EAD card Monday September 21, 2009 then we went straight to SSA to get a social security number. It says on the receipt letter that i need to wait 2 weeks from september 21, 2009 which is fine. I went and apply for a job wednesday and luckily i got it and I am suppose to start on Monday (tom) but they send me an email just now from my employer saying

"I will need you to provide me with your Social Security Number in an effort to complete the necessary background check and I-9 process. Please complete the Conditions of Employment and w-4 with your SSN. Without this information we cannot start you".

Oh God, I'm really uncomfortable right now. Is it okay if i go to the SSA tom where i applied and ask them just the SOCIAL SECURITY NUMBER and i will still continue to wait for the actual SSN card? Do you think it is possible just to personally ask the NUMBER?

Please help me...

Hi my fellow Vj members,

I received my EAD card Monday September 21, 2009 then we went straight to SSA to get a social security number. It says on the receipt letter that i need to wait 2 weeks from september 21, 2009 which is fine. I went and apply for a job wednesday and luckily i got it and I am suppose to start on Monday (tom) but they send me an email just now from my employer saying

"I will need you to provide me with your Social Security Number in an effort to complete the necessary background check and I-9 process. Please complete the Conditions of Employment and w-4 with your SSN. Without this information we cannot start you".

Oh God, I'm really uncomfortable right now. Is it okay if i go to the SSA tom where i applied and ask them just the SOCIAL SECURITY NUMBER and i will still continue to wait for the actual SSN card? Do you think it is possible just to personally ask the NUMBER?

Please help me...

Thank you so much izelnai for your quick response. When i woke up this morning, i right away checked the uscis website for any update and i was surprise to receive a second "CARD PRODUCTION ORDERED" email dated September 15, 2009 with exactly the same message as to the first "card production order" email dated September 9, 2009.

Can you help me? I wanna know what's wrong and if this is normal. I am anxious waiting for the card.

Hi everyone,

i wanna know how long will you get the actual ead card. i received an email saying EAD card production ordered on September 9, 2009. I already received the AP approval notice in the mail dated September 9 too.

My question is do we get a SNAIL MAIL from the uscis for EAD approval other than the EMAIL saying CARD PRODUCTION ORDERED or just the actual card is what i am waiting now?

Thank you my VJ family.

All you can do and send it in and hope for the best..

guys any other thoughts?

Sometimes they lose things

do you think the explanation letter and the birth cert is good enough though? thank you

Sometimes they lose things

do you think the explanation letter and the birth cert is good enough though? thank you

If he has no passprot then go ahead and send in the Birth certificate, did you not send it the first time around?

I did send the copy of his birth certificate the first time. It makes me wonder why they would ask it again though.

RFE Says "In order to process your application further, submit evidence to establish that the petitioner on Form I130 is a United States Citizen. Such evidence may include: BIRTH CERTIFICATE issued by a civil authority showing birth in the United States, a copy of the biographical page of the petitioner's United States passport, a copy of the petitioner's certificate of naturalization or Certificate of citizenship, or a copy of the petitioner's Department of State Form FS-240 (Report of Birth Abroad of a US citizen).

And just below the yellow form where that letter was indicated here's what i wrote:

********************************************************************************

****************

This is to correct the error made on part 2 of I485 AOS application form.

My USC husband and I got married on June 7, 2009. I am on a B2 tourist visa. We are in the process of filing I485/I130/I765/I131 concurrently.

Notice of receipt was received with the following receipt number:

A) I485 AOS – MSC-XXXXXXXXXX

B) I130 Petition for alien relative – MSC-XXXXXXXXXX

C) I765- EAD – MSC-XXXXXXXXXX

D) I131- Application for Travel Doc – MSC-XXXXXXXXXX

Later upon reviewing all the instructions on I485 and after calling the National Customer Service Center, and after getting an infopass to Speak to immigration officer with confirmation number SAA-09-14844 and Authentication Code: 16fe6 on August 26, 2009 we found out that we were suppose to check LETTER A on part 2 of I485 and NOT LETTER B on the choice of ELIGIBILITY.

August 28, 2009 we receive a Request for Initial Evidence (I485). I therefore humbly ask your good office to rectify the error and change the choice of eligibility on part 2 of I485 FROM letter B to letter A. Attached herewith is another copy of my husband’s birth certificate.

We really do apologize for the confusion. We hope that you could help us rectify this error as this case progress.

********************************************************************************

*********************************************************

I need your thoughts on this....My question is, do we really need to have a US passport of my husband? The ones highlighted in red do not apply to my husband since he is an AMERICAN CITIZEN and was born here. The only thing i have is his birth certificate.

Hi evryone,

I'm just really anxious right now that we received an email from USCIS saying that they send a mail requesting for initial evidence.

I'm thinking--is this because we only provided a certified photocopy of the divorce decree?

or because the yellow immunization form on my medical was not sent (as per doctor's advice)?

or because we do not have tax transcript?

please help....

HI Everyone,

For the past 2 weeks i was really worried about the AOS petition. But now i am happy that all is well in terms of its progress.

TIMELINE

B2 VISA married to a USC (currently here in the US)

July 31 2009 MAILED AOS/I130/I765 EAD/AP/MEDICAL EXAM RESULT to Chicago lockbox

August 06 2009 CHICAGO RECEIVED AOS PACKET

August 15 2009 RECEIVED I797 NOTICE OF RECEIPT on I485/I130/I765

August 17 2009 RECEIVED I797 NOTICE OF RECEIPT on I131 Advance Parole

August 17 2009 CHECK CLEARED for $1365

For your perusal: Please note that we only used one check for all of the application ($1365) and in contrary to what the USCIS call center rep and some blogs posted on this forum, WE NEVER ENCOUNTER any problem about the check. Therefore, it really does not matter if you put the $1365 in one check for as long as all your forms are in one folder.

I CHARGE THIS TO A POSITIVE EXPERIENCE!!!!

My question is What's next? Am i waitng now for the biometric appointment and AOS interview? Can anyone give me possible mails to receive?

Thank you.

Thank you so much for everything. This really helpful....

Yes I agree with the other posters..... with an infopass it can be corrected while you're there.... rather than wondering if it'll get done!

YOUR HELP IS MUCH APPRECIATED!!! THANK YOU ALL....

Hi evryone,

I just want to hear your thoughts on this. I am planning to send this letter to the adress found on the NOTICE OF RECEIPT.

To Whom It May Concern:

August 18, 2009

Greetings!!!

This is to correct the error made on part 2 of I485 AOS application form.

My USC husband and I got married on June 7, 2009. I am on a B2 tourist visa (i94 expires on the 25th of August 2009). We are in the process of filing I485/I130/I765/I131 concurrently.

Notice of receipt was received last week with the following receipt number:

A) I485 AOS – MSC-09-XXX-XXXXX

B) I130 Petition for alien relative – MSC-09-XXX-XXXXX

C) I765- EAD – MSC-09-XXX-XXXXX

D) I131- Application for Travel Doc – MSC-09-XXX-XXXXX

Attached is the copy of each document filed concurrently.

Application was all sent to Chicago lockbox.

Later upon reviewing all the instructions on I485 and after calling the National Customer Service Center, we found out that we are suppose to check LETTER A on part 2 of I485 and NOT LETTER B on the choice of ELIGIBILITY.

We really do apologize for the confusion. We hope that you could help us rectify this error as this case is on progress.

*************** IS IT OKAY TO SEND THIS right before they find out the error?******************************************

You didn't have to file for divorce/annulment in the RP, the minute your ex-husband's divorce from you was final, you were also divorced and single. All you need to do is file the divorce decree in a RP court. Once a judge signs your filing, it is then a matter of record in the RP. Careful here, "it is a matter of record" meaning you were already divorced and you were already single before you filed in a RP court. Filing in the RP court is just to put your divorce on record in the RP, not to grant you a divorce.

The tricky part is that with the decree, you are free to marry again pretty much anywhere in the world, but not in the RP. In order to marry again in the RP, you have to first file the decree with the court so it is a matter of record (to wipe out your marriage in the RP).

The RP recognizes US divorces basically because the RP has no other choice. What I mean is, if your husband divorces you and the divorce is granted with a decree, the RP can't say "you are still married." If your ex-husband is single due to divorcing you, you are also single.

You can cancel the annulment that you have going in the RP, because it is useless, you are already legally single. Annulment is divorce and you don't need two divorces (one is enough!).

If I were your fiancee, I'd go ahead with the K-1 because both of you are single and so free to marry (this is the absolute basic requirement to file the K-1). I'd ask you to file the decree in the RP court as soon as you can. If the RP court hasn't acted before you get interviewed at the USEM, you should document all things related to marriage to the Nth degree then cross your fingers and go to the interview. The worst that can happen is that they'll ask for more documentation. If they don't ask for more documentation, with your divorce decree, you are free to marry in the US even if the RP court hasn't acted.

If your ex-husband won't give you a copy of the decree, divorce is a matter of public record and so you can get your own copy. I think, even a stranger can get a copy of your divorce decree.

(ooops, there I go ahead using my wife's account)

rodixon i am currently here in the US living with my american husband. we got married lst june 2009. i came here on a tourist visa..i am just concern now that the AOS is ongoing, i am very worried "what if the USCIS call NSO and verify the divorce decree in the philippines?" --philippines would say "she is still married"---again because Annulment is still in progress....

You didn't have to file for divorce/annulment in the RP, the minute your ex-husband's divorce from you was final, you were also divorced and single. All you need to do is file the divorce decree in a RP court. Once a judge signs your filing, it is then a matter of record in the RP. Careful here, "it is a matter of record" meaning you were already divorced and you were already single before you filed in a RP court. Filing in the RP court is just to put your divorce on record in the RP, not to grant you a divorce.

The tricky part is that with the decree, you are free to marry again pretty much anywhere in the world, but not in the RP. In order to marry again in the RP, you have to first file the decree with the court so it is a matter of record (to wipe out your marriage in the RP).

The RP recognizes US divorces basically because the RP has no other choice. What I mean is, if your husband divorces you and the divorce is granted with a decree, the RP can't say "you are still married." If your ex-husband is single due to divorcing you, you are also single.

You can cancel the annulment that you have going in the RP, because it is useless, you are already legally single. Annulment is divorce and you don't need two divorces (one is enough!).

If I were your fiancee, I'd go ahead with the K-1 because both of you are single and so free to marry (this is the absolute basic requirement to file the K-1). I'd ask you to file the decree in the RP court as soon as you can. If the RP court hasn't acted before you get interviewed at the USEM, you should document all things related to marriage to the Nth degree then cross your fingers and go to the interview. The worst that can happen is that they'll ask for more documentation. If they don't ask for more documentation, with your divorce decree, you are free to marry in the US even if the RP court hasn't acted.

If your ex-husband won't give you a copy of the decree, divorce is a matter of public record and so you can get your own copy. I think, even a stranger can get a copy of your divorce decree.

(ooops, there I go ahead using my wife's account)

Oh my GOD rodixon i am crying while reading your message right now. I feel relieved and mad how the attorney in the philippines has been ripping me off....Oh my God she has been asking me for money to the extent that my mother had to sell most of our little belongings for the annulnment and after using most of my salary too. And she is asking money again because she said the case wont proceed without payment.Oh my God i am speechless.