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ark1214

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Posts posted by ark1214

  1. Hi MB,

    I've been following your timeline closely as yours were similar to mine (with photo missing). I was getting better update from you than NVC!!

    Anyway, wanted to give you something in return as I got SIF when I tried to sign in this morning (Didn't try all weekend).

    Disclaimer: I'm on IR5 for both parents.

    I'm too lazy to type everything out, but here is the relevant info.

    11/8 AOS sent USPS Priority

    11/10 AOS delivery confirm

    11/16 IV sent USPS Priority

    11/18 IV delivery confirm

    11/16 Photos sent USPS certified firstclass (figured I give NVC time to get the IV packet first)

    Photos were sent taped to barcode page with post it notes, no elaborate cover letter explanation.

    11/22 Photo delivery confirm

    12/1 AVR Said Checklist letter response received. I don't know which, but assuming IV package.

    12/3 AVR Said Checklist letter response received. I'm assuming it's photos.

    12/6 Called NVC, confirmed AOS accepted, and that IV scanned but not reviewed. No detail info regarding photo.

    12/10 Called NVC, same info as above.

    12/10 Received checklist email for missing DS-230. Talk about slow...

    12/13 SIF.

    Since your photo were received 2 days (I think) later than mine, I think you should get SIF within the next 2 days.

    Good luck All!

    ARK1214

  2. Hi,

    I have some questions regarding AOS. I'm filing for both of my parents (each with their own application). The AOS fee just cleared and it shows that their cases are tied together (one payment of $88).

    Since they are separate cases, I would need to submit one 864 for each of them right? This would also mean that part 3 question 9 of I-864 is a bit confusing b/c they both will immigrate at the same time but on separate petition... My best guess is to treat them separately, filing 2 I-864 packets, and not listing/counting the other person in their respective I-864? This seems a bit odd as the final household size listed in each application will not account for the other person.

    If I haven't confused you, any input would be appreciated.

    Thx.

  3. Hi,

    I have some questions regarding AOS. I'm filing for both of my parents (each with their own application). The AOS fee just cleared and it shows that their cases are tied together (one payment of $88).

    Since they are separate cases, I would need to submit one 864 for each of them right? This would also mean that part 3 question 9 of I-864 is a bit confusing b/c they both will immigrate at the same time but on separate petition... My best guess is to treat them separately, filing 2 I-864 packets, and not listing/counting the other person in their respective I-864? This seems a bit odd as the final household size listed in each application will not account for the other person.

    If I haven't confused you, any input would be appreciated.

    Thx.

  4. EDIT: My bad.. this was an old thread that was jacked :). The same concept of choosing stateside/consular processing applies.

    mahesh: As long as there is no "NO AOS,EOS,COS" on their I-94, you have a choice of stateside or consular processing. Whether your parents are here at the time of filing is irrelevant. But remember, your answer to Q.22 on I-130 will determine the processing path.

  5. I-130 alone indicates consular processing. I-130/I-485 together indicates stateside processing

    That statement is not entirely correct...

    Raj is correct that Q.22 defines stateside or consular processing. OP should also make sure that MIL's I-94 does not say "No AOS,EOS,COS". OP said she entered SFO on Q.22 which would indicate to USCIS that she intend to file I-485 at a later date since it was not included with I-130 packet. I not sure the exact process, but I believe she need to file I-485 when she receives I-130 approval. Once I-485 is filed, unlawful presence does not apply even when I-94 expires. So, MIL can stay until decision on I-485.

    The question here is when I-94 expires prior to I-130 approval hence prior to filing I-485. This gap period would constitute unlawful presence since I-94 expires and application for AOS/I-485 hasn't been started. I suggest OP to contact USCIS or a lawyer for clarification of if I-485 can be filed prior to I-130 approval (if they weren't submitted together). OP's MIL should avoid overstay/unlawful presence to avoid 3/10 year bar from re-entering US.

    If I-485 can't be filed prior to I-130 approval, OP should consider contacting USCIS of the change to consular processing on the I-130 application.

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