Jørgen

Since I guess people still look at this thread, we ended up contacting our congresswoman to ask for help to expedite. This worked great, but I'm not sure if that was just the expedite request or the congressperson helping. Here's the letter we sent:

Dear Representative,

My name is <MY SPOUSE'S NAME>, and I’m contacting you in the hopes that you can help me and my husband from Norway, Jørgen Tjernø, in our immigration case. He has a pending offer for a 4 month paid internship with <COMPANY> in <TOWN>, but is unable to start it because he is awaiting processing of his application for employment authorization by the USCIS. The original start date for his job was <ORIGINAL START DATE, MONTHS AGO> - and he still hasn’t started. This is severely damaging to our shared finances as my temporary work is soon ending, and we hope that you can help us expedite his request for a work permit.

My husband was an exchange student when we met, and we swiftly fell in love. Late May this year we invited all our friends and family to witness our union and we are now happily married! He had been given an internship offer from <COMPANY> which he happily accepted, and started the process to switch to a J-1 visa to get the required work permit. Soon after the wedding, Jørgen was informed that he was not eligible for the visa because he was married to a US citizen. This is when we began the process of applying for permanent residency and employment authorization. We have submitted a request for expedited processing of the work permit due to personal financial loss, but we have yet to hear back from them after 8 days. This is our second request for expedited processing: The first - submitted <ORIGINAL EXPEDITE REQUEST> - was put on hold because they sent an unrelated Request For Evidence on the permanent residency application. In addition, we had been led to believe that we’d hear back on this request by now, and have therefore applied for a lease in <TOWN> beginning the <LEASE START DATE>. Without knowing if we’ll have a source of income, it’s hard to accept the lease we have been offered and pay the deposit they have requested.

Our receipt number for the work authorization application with the USCIS is <RECEIPT NUMBER>, and his alien number is <A#>. <COMPANY> has said that he may begin employment as soon as his work papers are in order. We’ve included the Notice of Action for our I-485, I-765 and the receipt for biometrics, as well as a letter from <COMPANY> confirming that he does indeed have a pending position. We would be eternally grateful if you could aid us in this difficult time!

If you have filed the I-485 you're OK and legal.

Cheers!

Ok, but what is my status according to law? Laws refer to e.g. "non-immigrant visa holders" and such.

Hi,

I'm currently in the process of having an AoS to get a family-based permanent residency. I'm at the point where I've gotten an appointment for an interview.

I came here last year on a F-1 visa, but the visa itself expired in the middle of September, and supposedly the status is only valid for about 60 days after school is out?

What's my current legal status in the US? Do I have an immigrant visa? (I've filed I-130, I-485 and I-765, I have a work permit)

Kind regards,

Jørgen.

Hi,

When I came to the US I got a driver's license. It is now expiring, and I realize the date it expires is the same date my visa (F-1) expires - it's about 10 months after the date I was issued it.

I'm currently waiting for a family-based AOS, and I want to keep my driver's license. Can I get a renewal of my driver's license for the period between my permanent residency and my visa expires? Is it just a coincidence that my driver's license expires the same time my visa does?

Kind regards,

Jørgen.

RFE sent 27th of July, didn't get it until yesterday because I was out of town. Seems we couldn't send an I-864EZ when the primary sponsor's salary wasn't enough to cover the expenses and we had a joint sponsor (who filed an I-864). Have to send in a new I-864 now.

Frustrating: They wouldn't process the I-765 expedite request because an RFE had been sent, and we didn't get any online notification about this RFE. They also sent the expedite request confirmation to the wrong e-mail, even though they said they corrected the e-mail they got wrong at the start of the call. Sigh!

Hi,

We got an RFE and I was wondering what kind of shipment people recommend for response to RFE? We used FedEx for the initial packet, but then there was a separate address with an Attn for courier deliveries. For the RFE there's only one address, and it's a USCIS office.

Kind regards, Jørgen.

Today I got my biometrics done, and later on requested expedited processing of my I-765 due to financial hardship. I'm doing this because my wife will be out of a job in a few weeks and I have a pending job offer that'll take hold as soon as I got an EAD. I'm posting this to let people know how it goes, in case other people are considering doing it.

Basically I called the 800-number, pressed 2 for status or problems with an application, then 3 (?) for lost receipt. I told the woman I was requesting expedited processing and chose "financial loss" as the option. I explained the situation (and I believe she noted this in my application) and got a confirmation number - she told me I'd get an answer in 5 days most likely. The call took about 10 minutes.

I'll post an update here when I get a response or if they request more evidence. (I have a letter from my future employer confirming that they have a pending job offer for me)

If this doesn't work, I intend on contact my congressperson about our situation and asking them to look at it, as I've seen other people have appealed to their congressperson in these cases. :-)

Kind regards,

Jørgen.

Hi all, I'm a July filer!

The packet was received the 6th of July by USCIS, they said they received it the 9th of July, 12th of July they sent receipt. I received an appointment for biometrics 12th of August, but today I went to Fresno to do a walk-in appointment, and that took only 15-20 minutes and is now done!

I also called USCIS today to request expedited processing of my I-765 because my wife will be out of a job soon and I have a pending job offer that will start as soon as my work authorization is approved. :-)

Hi other July filers! :-)

Kind regards,

Jørgen.

Just a quick update.

Today I went to the ASC in Fresno, CA. My appointment was 12th of August in Vista, CA. After reading on the forums, someone said that an ASC employee had said traffic died down at around 2PM, so I went there at 2.15-2.30PM on a Tuesday. I brought my passport and my receipt notices (and the appointment document). I arrived, there were about 4 non-employees there. He looked at my appointment, checked my passport, gave me a form. I filled out the form, gave him my appointment document, the form and my passport, and he casually asked if I lived in Vista, I said yes, and that my wife was working in Fresno temporarily (which is the case). He gave me a number, I waited a few minutes, got called in, got my prints and picture, and could leave.

The walkin was a resounding success. It took about 15-20 minutes from I entered the door to I left, and except for the casual mention of if I lived in Vista, no-one pointed out that my appointment was in a different county and two weeks from now. They were efficient and friendly, and all in all it was a great visit.

I post the above so that if you're in the same situation as me, maybe the above can answer some questions.

Kind regards,

Jørgen.

Hi,

The title says it all: I've got a student visa (F-1) that'll expire in the middle of September. My application for AOS (with I-130 and I-765) was submitted in the beginning of July. I have gotten an A#, and the next step is biometrics. What happens if I get AP and leave the country after my visa expires in September? Will they let me back in?

My home country (Norway) is a member of the US Visa Waiver program, which means I can enter the US on business or for tourism without a visa for up to 90 days, will that help me? (It seems that to enter as a part of the VWP you need to have a return ticket or a ticket onward, which would be pretty expensive)

Kind regards,

Jørgen.

Correct, there is no telling where your file is right now and don't trust the clerks in the mail room to take the time to look it up and forward it to where it is. Even if they did it is possible it would be transferred again.

Best to wait until you receive the RFE, you have the info ready, so just return it delivery confirmation. That should only slow you down a few days.

If I get an RFE, what will I need to send back? The missing documentation and a form or something?

From what I've read, it's incredibly difficult to match up evidence that you send separately. Thus, I would suggest waiting until you get an RFE, and then send it back with that. That's the surest bet for getting it to the right person (and your file).

Even if you mail it clearly marked with the receipt number and the A#?

EDIT: Also, would it hurt to send it in now?

Update: The documents that are missing from the original submission are part of the supporting documentation from the main I-864, the joint sponsor I-864 and part of the supporting documentation from the joint sponsor I-864. Should we resubmit all the supporting documentation for the I-864s (even the stuff that is completely or partially in the original packet) and the forms, or just the missing documents? Or both the I-864s and their supporting documentation?

Hi, my I-130+485+765 package was received by the right people at USCIS the 9th of July. A few days ago we found the I-864 and supporting evidence for the joint sponsor under the seat in our car.

My guess is it either slipped out of the package as we were taking it to the FedEx facility, or we sent a copy of the form and not the original.

The case hasn't been updated since 15th of July when they sent us information about our appointment for biometrics.

What is the best way to proceed to correct this? The original application was sent with cover pages clearly specifying that this documentation was present. Should we fax / call them and tell them about it and send it per mail, or should we just send it per mail with a letter that explains it, has personal / contact information and case number? When will we get an RFE in this process, and can we send this before the RFE is sent?

EDIT: It's being processed at the National Benefits Center, should we send any letters to the Chicago Lockbox?

Kind regards,

Jørgen.

Don't travel overseas if you have any overstay. Just a warning.

What do you mean? If I'm staying in the country without a visa? My current visa expires mid september (F-1), but as far as I know I can stay longer than that legally (if I don't leave). How will this affect me if I get an AP?

I'll be going to europe in december.

Thanks a lot!

You've been a great help, thanks for quick response. I'll be filing my I-131 by mail sometime next week.

Your A# should be on your i-485 NOA, right above your name. It should be in a box that says:

Applicant: AXXXXXXXXX --(this is your A number)

YOUR LAST NAME, FIRST NAME

But like I said in your other thread, I don't think you can e-file the AP based on pending i-485 if you want the fee waived.

Ah, thanks man! I thought the NOAs for I-765, I-485 and I-130 were all the same, so when I couldn't find the number on one of them I assumed the others were identical.

You've been a great help.

Also, I'm manually filing the AP to get the fee waived. Still requires A#.

I've submitted my I-130, I-485 and I-765 concurrently. I wish to submit a I-131 to visit my family for christmas, and I thought I could do it using E-filing. E-filing requires my A# number, have I been issued this yet - if so, where can I find it? I've received my NOA for the three forms, plus my appointment for biometrics.

Kind regards,

Jørgen.

If you've already filed your AOS, I think you will probably have the green card before christmas time.

Most cases currently take around 3 months to get approved. Of course it can be longer.. so doesn't hurt to file for AP

Well, except for the non-refundable $385 filing fee.. On that note, do I have to pay the biometrics fee again - even if I have a biometrics appt. scheduled for my I-765/I-485? Do I get a new appt. scheduled just for the I-131? I submitted my I-130, I-765 and I-485 together, and got a NOA the 8th of July. Even in these cases it takes ~3 months?

What is the AP processing time - how "close" can I submit the application?

As far as I know travelling to visit family is a good enough reason.

I don't think they are too picky about why you need the AP.

MSC is short for Missouri Service Center, which is the same as National Benefit Center

Thanks for your excellent answers!

- Jørgen.

Hi,

In the instructions for the I-131 it says:

"You may apply if Form I-485 is pending, and you seek to travel abroad for emergent personal or bona fide business reasons"

I have a pending I-485, and we wish to travel back home so my parents can finally meet my wife and to celebrate christmas with them. Is this not enough of a reason to apply for advance parole? What're the cases where you can get a I-131?

Also, I've filed a I-130, I-485 and I-765 concurrently at the Chicago lockbox. The online E-filing of I-131 asks for where my I-485 is pending - how can I find out? Is it the "National Benefits Center" or the "Chicaco IL Field Office"? EDIT: I notice that my biometrics appointment say "Service Center: MSC" and the case IDs are MSC-<number>. Does that mean National Benefits Center?

Thanks in advance.

Kind regards,

Jørgen.

Hi,

I see people talking about walk-in biometrics appointments. Do they have to be done at the same office that your scheduled appointment is at? How long does the I-765 (EAD) take after the biometrics are done, usually?

Does anyone have experience with the office in Fresno - when's a good day & time to do a walk-in?

Kind regards,

Jørgen.

Hi,

I'm a student on F-1 from Norway, and my wife is a US Citizen. We've filed I-130 and I-485 concurrently recently, and she wants to change her last name to mine. Is it possible to do this during the application process, and will it slow down the application? What do you need to do to update the pending application?

Thanks.

Kind regards, Jørgen.

Thank you everyone, quick and helpful responses. I was hoping it took a bit of time till the "can't leave"-rule kicked in since we filed I-130/I-485 simultaneously. :-)

Once you get your green card then you can plan your road trip. If you want "good" Mexican food and tequila then plan on going further south than Tijuana.

Hehe, yeah, we were going to Enseneda

Kind regards, Jørgen.

Hi,

I'm in the US on an unexpired F-1 visa, and I filed a I-485 with a concurrent I-130 with my wife before the weekend - supposed to arrive at the Chicaco Lockbox yesterday morning.

A friend wants to take a quick trip to Mexico (we live in southern California), have some good Mexican food and tequila. Is this possible?

I've read that you can't leave the country when you've filed a I-485 - is this true? I haven't gotten any receipts (nothing in the e-mail yet, nor anything in the mail).

Kind regards, Jørgen.