KandK

ok a bit of weird news. before today, on the status page, the last blue circle which says "Document production or Oath Ceremony" was highlighted. now it went backwards one circle to the "Post Decision Activity" one.

in addition, the message is

On July 21, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

and this is after the site said that the card was ordered. and in addition, we just received a letter 2 days ago saying that the I485 and I130 were both approved and that we would be receiving the card in the mail soon.

is this weird or is it just me?

thanks for the congratulations guys. but until we actually get the card I'll be very apprehensive. at the interview, the IO didn't take my wife's I94, which seems to be something that has to happen in order to be approved.

yep, this is for the I-485. my wife already recieved her EAD and had the "card ordered" message for that on the site about a month ago.

so I take it that no one has ever experienced, or seen a situation where this might be a mistake? despite the status change on the USCIS web site, I'm still a bit worried that it could be some kind of mistake. we will see. thanks for the congratulations and good wishes though, guys.

since I have been worried sick since this happened, I have continually checked the status online at the USCIS web site. well this morning, I recieved an email saying this.

"On July 14, 2010, 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 at 1-800-375-5283."

can this be a mistake? or does this definitely mean it's been approved?

that's the problem, the DMV is one of the places where I didn't change my address, considering the hassle I'd have to go through when I need to move again. I didn't plan on staying at my current apartment long, is the reason why I decided not to go change all my addresses.

in addition, I believe NY is one of the states where they do not make home visits, if I read somewhere correctly. I wish they did though, because that's all they'd need to do to see I actually live here.

so here is the story. today was the interview for my wife and I. she is the applicant seeking the AOS.

the officer interviewing us was not nice at all, and brought up some issues regarding my wife overstaying her visa, and then got stuck on something else, saying that I did not live with my wife. the thing is, I moved out of my parents' house and got an apartment with my wife a month before we got married in November. however, I did not send notice to everywhere saying that I changed my address, instead choosing to have most of my mail to still be sent to my parents' house. I even filed a joint tax return with my wife, with my parents' address on the return.

so the officer the whole time gets hung up on this. meanwhile, my wife is very adamant with the officer that I lived with her, and doing most of the talking while I sat there not saying much (like a moron, I was drawing blanks for some reason and found it hard to think of something to say). he asked me a few questions about my wife, like her middle name, which I answered right away.

however, at the end, he still was hell bent on insisting that I did not live at my current address with my wife, which I do. I have some joint mail sent there, and car insurance, things like that. he also took a few things to keep, including a photo from our picture album, and some things like pay stubs. he then says that he will be sending a letter requesting evidence, which I should receive within 2 weeks.

my question is, are we screwed now? will it be rejected? will I be called in for another interview? what happens after I send in the requested evidence?

Do we have to bring physical copies of photos to the interview? all of the pictures we've ever taken were on digital camera, and it would be much more convenient to bring them on a CD or in another digital format. or should we print them out?

so my wife has an expired visa, but we are in the green card process right now, with the internet in July. but her Russian passport right now is expired, and she'd like to have a valid passport for them to stamp when the interview is done. is it possible to have her passport renewed right now?

well I got the letter in the mail today setting a date for going to the interview for my wife. my question is, what do we HAVE to bring? do we really need to bring a copy of every single thing that we sent in the packet? all the I-130 and I-485 forms and supporting evidence? what are the things that are required, and what is are the things to bring "just to be safe?"

I sent the packet for my wife for the AOS, with I-130, I-485 and etc. to the Chicago lockbox on March 26. I paid for the application fees with personal checks. they have yet to cash my checks. about how long should it take for them to do that? and about when can I expect to get a NOA from them? thanks.

I am sure that she is considered a resident alien, she has been here for over 1 and a half years continuously. in that case, what do I do? she has no income, so she won't have any income to report or file her own return. does she even need to get an ITIN in this case? what do I put on my return? is it better to do MFJ or MFS? from what I figured out I think it would probably be best in my case to do MFS. but then can I claim her as a dependent?

I've looked through that other thread and will keep my eyes on that too.

I haven't started the AOS process yet as I'm still preparing all the documents and things. is it necessary to get the ITIN number for my spouse? even though she's currently not legal, did not earn any income, and won't be filing her own separate return. I was going through the scenarios on TurboTax and it's giving me the impression that I must have either a SSN or ITIN for her. regardless of if I do MFJ or MFS. could I leave the space blank, perhaps? what are my options in this case? I think I'd have to consider her a resident alien since she's been here for the entire 2009.

So as of right now I'm just preparing the documents and papers and everything that's needed for AOS for my illegal wife (I-130, I-485, etc.). and right now I'm starting on my taxes. how exactly do I go about this? do I file jointly, seperately, what do I do about SSN? I've done some Googling and found that I should get an ITIN with a W7? but then others say that the ITIN is not needed and I can put NRA or something?

anyone here have experience with this?

thanks for the replies.

and I have read through the guides, but I was still very confused about all of this. for example, the I-130 guide says that J1 visa holders will need a waiver in order to adjust status, an I-601 or something. but then I read somewhere else that if we're married, then I don't need a waiver. but then I read on the instructions for the I-485 form that anyone that has overstayed their visa cannot file for the adjustment of status.

this is all very confusing, is all. it seems like I get conflicting answers depending on where I look.

as long as you file an i-130

am I eligible to file both at the same time? or should I wait until the I-130 is approved?

Does her J-1 have a home stay requirement (look on the visa itself)? This can be a problem, because if she's subject to the two year home stay requirement, she generally can't adjust status until fulfilling the two year home stay. But leaving the US to fulfill the home stay will trigger a ten year bar on admissibility, due to the overstay time already accumulated. A waiver of the home stay requirement may be available (or may not).

it specifically says on her visa that she is "not subject to section 212 (e). two year rule does not apply to Russia."

what does this mean?

this is all very confusing to me, I guess I'd like to know what steps I should take from here, and after I file the I-130 and I-485.

Hi, I am in the process of preparing the I-130 and I-485 forms for my wife.

she came here on a J1 visa in mid 2008. It is now expired, and she is still here, overstaying the visa.

what kinds of problems does this present? is she even eligible to file the I-485?