DaniG

Just a thought, is it possible to file the motion to reopen with evidence that approval of the 2-year rule waiver is pending? Or are there any other motions that can be filed, i.e. in court cases you can file a motion for continuance (which gives you more time to collect evidence needed for your case or be ready for trial given whatever other circumstances are applicable). I am not familiar with this aspect of immigration law, but looking at the US court system & administrative law, it seems it should be possible. I know that for the most part you can't argue with USCIS, but I am just wondering if something like that could be an option - maybe the more experienced people here or an immigration attorney will know.

So, this month, two semesters after my May 2010 graduation from a program in which I enrolled with F-1 visa, I found out that for the last 2 semesters I have been on SEVIS's list of students requiring registration. I also changed status right after my graduation, so I not even an F-1 at the moment, and under my current status I am not required to be enrolled in any courses, let alone at that school.

I got a letter about that the first semester after my graduation and I emailed my school that I had already graduated and should not be getting such alerts because it is ridiculous that they would report me to SEVIS for not enrolling full time after I have already graduated. I got no reply from the international student adviser, but I thought everything was resolved at that point since it was obvious what he should do - report what he had failed to report when I graduated.

However, this January I got another letter, just like the first one, saying that SEVIS was alerted about my case and that I have failed to register for courses full-time. I am now questioning whether the international advisor in that school is a clueless idiot or if he is acting maliciously in my case. I contacted said advisor but he is obstinately refusing to give me any information about what he has been reporting to SEVIS and whether he has reported my graduation to them at all. He is very arrogant and is saying that I should deal with SEVIS myself and that my graduation has nothing to do with these alerts... I called SEVIS and they said it is the school's job to do all the reporting and sort out this case - they did not even ask me what my name was because they would not take status info from me.

I am at a loss about what to do and would appreciate any advice you guys can give me. Do I have any legal right to receive a copy of my SEVIS file or at least get info about what reports have been made by the school to them? Is there a way to file a formal complaint against the school/international student adviser with SEVIS and request an investigation of my case? I have more than enough docs to prove that I have always complied with my F-1 status, for as long as I had it, and that after I was no longer an F-1 I have been holding another status with the approval of USCIS. Or would it better to just file a complaint within my former school against the international student adviser who is screwing up my file (at least I hope it is just my file, because that school has many international students)?

More importantly, what do these alerts result in? Could they mess with my becoming a resident in the future? Could I be refused reentry into the US if I go out of the country, even though under my current status I should have no problems with this? Is there a high likelihood customs and immigration would pull me over for a long chat, causing me to miss flights?

Hmm... USCIS sent it to you, so it is obviously not a fake. Wonder if employers would accept it without a problem? Why don't you call them or schedule an Infopas appointment?

I think they just changed the design of the EAD's and green cards. Go to USCIS's website if you are interested in comparing yours with the new design, but it sounds like this might be the reason it is not "like everyone else's."

Thanks by the way for replying. And yes, i'll ask for affidavits from people who have knowledge that we lived together. From his parents and friends.

Affidavits from your parents-in-law will be very helpful (+ other friends if you want, but they really like to see the parents involved), it would clearly show the IO that it is not a sham marriage.

One thing they look for that I don't see above is proof of joint residence - lease/house purchase agreement/joint utilities/driver's licenses with the same address/letter or affidavit from someone who has knowledge that you live together. Add at least one of these and you'd have more documents than they would hope to see.

On my interview they also asked for a certified copy of my husband's birth certificate (even though we had sent that with the forms already).

Good luck! It's not as scary as it sounds and in most cases it's really easy for them to tell if the marriage is genuine.

*Edit: I just saw your husband is deployed out of the US, but maybe you still can bring some proof that you lived together before he had to leave.

It's great to see someone else from Iowa! Des Moines is a nice place to have the interview - I've never read any bad reviews about that office. Just make sure you bring good evidence. It seems that they have a list of items they *must* get from you that show joint residence and commingling of assets, so make sure you have those even if you have tons of other stuff (like letters, itineraries, affidavits, etc).

P.S.: One thing I forgot to mention above was that the IO also asked for our credits cards and made copies of them as proof we have a joint account.

Yesterday I had my interview and the IO said that once he enters his approval (which he did on the spot), the EAD process is terminated and "you will never get it." He also said that they just redesigned the green cards, so it will take longer now but I am not eligible to work before I get the green card.

I hope he was not right because I have seen a lot of timelines where people received the EAD after their interviews and a little before the green card. I could not find any info on whether they are already sending out the "new" redesigned green cards, or how long the wait is going to be now. I've had a job offer for a month and I don't know how much longer they will wait for me.

Just got back from our interview today - approved

It was much more relaxed than we expected and the officer didn't ask us any of the uncomfortable questions I've read in guides. We were both called into the office of the IO and he made copies of our ID's. Then he briefly went over our application, asking trivial questions from time to time, such as what kind of visa I entered the US with and what our address is (on this one he also asked my USC husband if it was on the east side of Hwy X, and later he shared he lives in this area as well).

After that he asked what evidence we brought (I had a big accordion folder full of all kinds of documents + 2 picture albums). He only wanted to look at and make copies of specific things - our lease, our joint bank statement, and joint insurance. He did not care about anything else and did not even look at the pictures, just told us to find him one from our wedding where we were together with my husband's parents.

He gave us a piece of paper with instructions about removal of conditions and went over it in detail.

At that point we were sworn in. Then he went on to ask me the I-485 questions and I had a hard time keeping myself from laughing. I don't know how IO's stay serious when they ask everyone if they're a terrorist! Once we were done, he complimented our application, saying we did a great job without even speaking to an attorney (I have to thank VisaJourney here!).The IO said he is approving the I-130 and congratulated us.

The one negative thing about the interview is that he said that the moment he approved the I-130, the EAD application is automatically canceled and I would never get it. They have changed the format of the green card however, so it will not arrive right away, which means I will be unemployed for at least a few more weeks. I had a job offer and was hoping to start the beginning of next month...but at least for a while I will not have to deal with any more paperwork

I found a really detailed guide about the interview written by an attorney here: http://forums.immigration.com/attachment.php?attachmentid=17855&d=1141527377

It was really helpful to my husband, who doesn't know much about immigration and the legal system.

I think the number they want is Line 37 at the bottom of the first page of form 1040 ("Subtract line 36 from line 22. This is your adjusted gross income"). This is before the itemized deductions and exemptions.

Yup, the I-130 needs to be filed; in fact, without it all the other forms will be (not "might be") denied because you would have no basis for adjusting status. I-130 can be filed alone if you are really really tight on money at the moment (costs $355 and then you send all the other forms with payment later when it is approved) or you can file all the other forms listed above concurrently with it (which ups your costs by $1010 + fee for medical exam but it speeds things up considerably and you would be eventually paying these fees anyway, so this is what most people do). There is no fee for form I-864, just the fees listed above (I know there is an $70 DHS fee listed on USCIS but it does not apply when you adjust within the USA). I paid about $300 for my medical, but in some states you can find cheaper civil surgeons - just call all from the list on USCIS's website for your region and ask for their rates.

I sent in all these forms in one envelope, grouped together with their respective supporting documents into two stacks with binder clips. I put a cover letter on the top of each set describing all the documents included in the order I had them (with the check for the exact fee first on the list). Search on VJ and you will find examples of similar cover letters (tremendously helpful - you can just go with the list of documents and forms when preparing your own package and just post it on VJ for double-checking before you mail it). I can even send you mine if you want, they must be okay since I got no RFEs; just let me know.

I agree with JordanP about traveling while your application is being processed. I didn't even bother applying for Advance Parole because I knew I would not leave the country before I got my GC unless there was a big emergency. If you do everything right, you will probably have your GC in about 3 months, which is less than the time it takes me to plan a vacation anyway.

Form I-130 above all.

Form I-485 includes I-693 (medical exam) & I-864 (affidavit of support), which are mandatory + the forms you mention in 2 & 3, which are optional.

While pending, you are still in F-1 and can continue to go to classes, but cannot use your visa to leave the country and come back (for that you will need Advance Parole, which is the approved I-131). Right now it seems to take 3-4 months to go through everything without RFE (requests for further evidence, which you get if you failed to send something with the application). Biometrics is a trip to the local USCIS office (usually they have at least one per state) and having your picture and fingerprints taken.

Read some guides on how to prepare your application with all necessary documents. Ask on VJ if you are not sure about something. I used this guide (a little old) + VJ when I worked on mine: http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself

Congrats, Ninnie & Robotica! Thank you so much for sharing your stories.

I got a text and e-mail yesterday that my EAD was ordered for production. Hope I get it by June 1 because I am supposed to start a job then.

Thanks for your reply!

I applied for EAD concurrently with all the other forms, but never got notification that its production has been ordered, so I assume I will never get it since my interview is in 5 days (and it is less than 90 days since we submitted our petition). So it is legal to work with the stamp before I receive the actual green card?

I am having my AOS interview this coming Thursday and my EAD never got ordered so far. I have had a job offer for a month and lately they have been asking me every other day when I can begin working. The employer needs me asap and my husband and I need the money

So, if I get approved at the interview, am I allowed to work right away or do I have to wait for the actual green card to arrive? Does it make a difference if they stamp my passport after the interview?

Second option. In total you need 1 photo of the USC and 5 photos of the spouse (or 7 if also filing for AP).

Yes, treat the I-130 and I-485 as separate packages that might be reviewed by different people. In general, it's always better to send more than you need to than less!

I took 7 credit hours this semester, which was the last one before my graduation. I just had to write a letter to my international student advisor explaining that this is my last semester and I only need these 2 courses to graduate. I submitted that letter during drop/add week. I didn't have any problems, and my AOS is going smoothly so far.

If your college/uni hasn't contacted you about the reduced course load, you are probably fine.

According to my advisor, the only disadvantage to doing this is that you cannot be in F-1 status after this semester if you have declared that you are taking a reduced load due to graduation (unless you move on to another school) but if you are AOS-ing, this doesn't matter.

I am AOS-ing through my USC hubby, as you can see from my signature. I guess it was fate's plan to AOS this year, because yesterday I also received a letter from Kentucky that I have been selected in the Green Card Lottery.

Obviously, I don't need the lottery thing now because I am almost done with the AOS as a spouse of a US citizen, but I am wondering if I should bring that letter to our interview on the 27th. Am I supposed to bring it? If I am not required to, is it better to show it to USCIS or not?

It seems that these affidavits are really important to immigration officers for some reason. A friend of mine, who has a kid with her USC husband and was pregnant with the second kid at the time of her interview, got an RFE for affidavits, even though she had sent everything else imaginable, including the birth certificate of their child and pictures of him, showing he looks like a mini-copy of his USC daddy.

I am curious if most people bring affidavits to the interview. Has anyone been approved without submitting any recently?

Hi DBA,

Pay stubs are what the employer gives you with your salary (may be part of the pay check - the one you don't give to the bank - or a separate sheet of paper) - your income for the period is listed on them, along with any deductions for taxes, medical insurance or 401(k) contributions.

I did not have the 2 year home residency requirement but there is a waiver you can file to remove it if you have it before the adjustment of status.

It's hard to believe they will up your financial aid just because you filed separately, especially in these times when money is tight for everyone... Maybe they have additional requirements, such as being able to show separate residences, or even being legally separated as well. I would talk to a financial aid advisor in the university to make sure that you really derive any benefit from filing separately. Because otherwise you might just end up paying more taxes and still not get the aid!

They need documents that show they actually have the money to sponsor you - so tax returns, bank statement showing a big balance, or pay stubs would work. They need to show the ability to meet at least the full 1st year expenses, including tuition, fees, room, board, etc.

When I applied, I just sent a bank statement from my sponsor, along with the signed "sponsor"form of my college, where the sponsor pledges that he/she will pay for your studies and living expenses as calculated by the college. If the bank statement is not in US dollars, you might also want to send something showing the exchange rate for the currency in dollars - my foreign student advisor just printed that off of Yahoo Finance.