Summerluv

Thank you Cristina. Do you mind telling me a bit more about your case? Who did you talk to to get the right push?

thanks!

Hi everyone,

I filed for AOS through my work 3 years ago, and the application is still pending. Earlier this year I filed another AOS based on my marriage, and had my interview on 6/21.

During the interview I was told my case looked legit but she needed to get my original work AOS transferred to the local office and compare them two to make sure there is no discrepency. She also said I will receive a letter asking me to withdraw the work AOS application, since I cannot have two of them. She then gave me a piece of paper saying if I don't hear back in 30 days I may check by doing an infopass.

Once I heard the 30 days line, I knew I was doomed! They NEVER get back to you on time, and I know if I walk in for infopass they will just say oh we are still reviewing it, and give me the run-around if I want a firm date.

If anyone has any suggestions please let me know... I don't really wanna go for an infopass because I just started a new job, and I don't want to drive so far and take 2, 3 hours off of work when I just started working. I'm debating if I should just contact the congressman. But what if I still don't get a concrete answer? Then where can I escalate this to next?

Thanks!

Not sure where you got the information that I-130 cannot be completed while the alien relative is in the U.S. Seems to me this case is fairly straightforward. Just file the whole package while the wife is in the US (i-130, I-485, I-765, I-131). If they do not live together yet, attach a brief explanation with supporting evidence. And hopefully the husband can move over before the interview date.

I don't think there is any reason at all why I-130 cannot be started, or completed, in this case.

There are several topics related to this on the forum, and the general consensus is that you MUST live together. However, I want to point out that this is not true. I have been on many forums and seen experiences where the husband and wife do not live together, and their cases are still approved. However, it IS a lot harder because you have to convince the officer there is a compelling reason why you are living separately for now, and that this arrangement is only temporary.

If her husband is actively job searching, you can state so in the application. This is what I did, as I do not live with my husband full-time yet due to my job. I included a attachment and stated my situation, and also included job searching emails. In my case, I have found a job close to hubby after submitting the application, and plan to move in very soon. In your case, the husband can explain to the officer during the interview that he indeed plans to live with his wife and is doing everything he can (i.e. job searching emails, interview emails, apartment inquiry emails)

AND, I do believe you can still have the same bank account and credit card account even if you are living separately. If these institutions ask for the same address, then you can always just use the wife's address. In this case, the wife's address is the husband's billing address.

I found this online. Hope it provides some insight

http://sarmientoimmigration.typepad.com/blog/2009/12/proving-good-faith-marriage-in-marriage-based-green-card-petitions-living-separately-during-application-and-the-i-130-inter.html

Man, I'm jealous. I filed in mid-March but my interview date is so much behind everyone elses... AND I had to put in multiple expedite requests just to get my EAD.

Good luck everyone! Please share your experience.

Wanna update my status and thank danimead again for the useful suggestion (contacting congressman). I called congressman's office again around noon today. I was told my I-765, along with I-131 (guess the congressman just threw that in. great!) have been approved this morning.

I was confused since I did not receive any update notification. I went on case status online and it still showed case received. I freaked out and called USCIS again, and after numerous transfers I was told they cannot locate the congressional inquiry. But they did find my first expedite request, filed by myself. So I was very confused and stressed out, planning to bug congressman again tomorrow.

At 6pm, I finally got a text message that my I-765 and I-131 are approved! I guess there was just a long delay in their system. So, moral of the story: 1) congressional inquiry really does work, at least in all the cases I read online from various forums. 2) Be patient if the status doesn't update right away. Sometimes there might be delays.

YAY =D

I faxed all my stuff to my congressman too and it's been two days, so far no news =( Maybe the congressman in my district doesn't really care =(

Sorry if I sound harsh... But if you don't even know what I-485 is, you obviously have done no homework at all. There are TONS of information available online. I would really suggest start Googling first, then come here and ask questions on things you don't understand. You will get SO MUCH MORE outta this forum if you ask more specific and well-informed questions.

Sorry again, don't mean to offend you, just think if you do some research it will really help you greatly.

Instead of police report, I'd suggest go file for a new passport from his consulate, and attach the paperwork (i.e. receipt) with the application package. I'm fairly sure eventually he will need a passport to go through the whole process, but it doesn't hurt to send in the package first while waiting for the new passport.

Hi,

I don't have a birth certificate... All I have is a notarized form of my birth, produced when I was a teenager (with my teen picture on it too), with my parents' name and my birth date and place. And I only have a copy of it since I misplaced the original. I have been using it to file AOS from work and from marriage, so far so good. But I just saw that I need to bring the original to the interview. Is that true?? Man.. What do I do...??!!

Thank you

not necessary to inform your employer. When your H1b is due for a renewal you can tell them then, and use your EAD/GC for I-9. Not like they are paying money every month to keep you on H1b.

Ok so I just called again and the agent said they cannot create another case because it hasn't been 5 days since my last request. arggghhh!!

BTW to reach a live person you can press 2 for pending case and press 3 for lost receipt.

garrrr yep I got the exact same email this morning. @$*! they didn't want any explanation or evidence of my situation, how can they make a judgment that my case is not serious??!! This doesn't even make any sense! I too think they probably just reject all expedite now, and only letting you file a request for show.

I'm going to my local office next week and am gonna bring all my evidence. I scheduled a infopass couple weeks ago. Will keep you updated.

Yay got interview notice! Now only if I can get EAD...

I did file with one residence, and we put my name on my hubby's lease. But I also made a note in the package that although my main residence is with my hubby, I live in a town 80 miles away during weekdays due to my job. Hopefully they won't ref me...

I just called to expedite too, and my experience was a bit weird... The lady confirmed my NOA number, filing date, DOB...etc all that normal stuff, and listed the reasons I can use to expedite. I chose financial loss. She then gave me a case number and said someone will contact me in AT LEAST (so what's the most it can take??!!) 5 days and ask for evidence. I asked her if she wants to know more about my situation, cuz all I said to her was "um I choose the financial loss reason", and she said no, and that someone else will contact me.

Weird... Hopefully this doesn't backfire on me. I'd hate to have my case slowed down cuz of this.

Hi Zicomania,

Can you please share what reason you used for EAD expedite and what evidence you attached? Also, did you request via phone?

Thank you!

I'm on H1b and I've read quite a bit on this topic.

I can't answer the ceremony question, but yes your fiance can quit her job once she comes back from India.

When she quits her job, her H1b status is no longer valid. But as long as you have already filed AOS for her, her status will be AOS and it is legal for her to remain in the US. But she cannot work again until she gets her EAD.

So if she wishes to quit, she should travel to India first, come back, file AOS, wait for the NOAs, then quit.

Hi,

Can you please tell me what your reason for expedite was? How did you elaborate, and did they ask you to submit any evidence?

Thanks!

I only see my hubby on the weekends too due to my job. I was too a little concerned, but I think as long as you explain why you are separated, and show that you do plan to unite soon, you will be ok. I have lot of evidence, including pictures since we started dating, joint lease, insurance, wedding pics, bank accounts..etc. I also have evidence showing that we plan to move in together very soon (offer letter from a company close to his house).

They will definitely ask you, but I'm sure as long as you explanation makes sense it will be ok. I'll post my interview experience later.

Hi Zenaxe,

I think most of the people here do get two dates on the NOAs (received date and notice date), and we only get one hardcopy of NOA per application. Maybe your situation is different from ours?

Thanks everyone. I did more research and am going to assume the date to use is received date. I'm basing my assumption on page 17 of this document

http://www.uscis.gov/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Employment_Authorization.pdf

It says "Ninety (90) days of receipt of applications filed under categories other than asylum-based", which sounds to me like since the date they received it.

I know I sound pathetic analyzing details like this, but I really need to start a job soon, and according to this document, I can file a EAD service request after 75 days (not to be confused with expedite request. You don't need to show evidence for financial difficulty with a SR). So I'm trying to see what is the earliest date i can file for that SR so I can have my EAD ASAP.

They can quickly enroll in a school, even community college, to become F1. Many people have done that.

Hi Alla,

Thank you for your reply. Maybe I didn't explain is clearly... by Received date I mean the first date on the NOA, which is the date they got my package. NOT the date I received the NOA from them.

The received date is usually a week before the notice date. So I was hoping I can use that date to count.