AOS Interview Timeline

jimagul said:
Hi there, I am a brand new member, needing to ask a new question. Sorry. I am a R1 visa holder but going to marry USC in June. Can I still continue working after I submit all the documents in June? Or do I have to stop until I receive an EA card? Can anyone help me?
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R-1 visa is a non-immigrant religious visa which does not have dual intent (like H, L, E visas). USCIS was supposed to establish the R-1 visa as a dual-intent visa in 2000 but that never happened.

Having said that, your R-1 status will no longer be valid after you file I-485 and you need to wait for your EAD before you can work. You should consult an immigration lawyer to be sure.
 
ari4u said:
R-1 visa is a non-immigrant religious visa which does not have dual intent (like H, L, E visas). USCIS was supposed to establish the R-1 visa as a dual-intent visa in 2000 but that never happened.

Having said that, your R-1 status will no longer be valid after you file I-485 and you need to wait for your EAD before you can work. You should consult an immigration lawyer to be sure.
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Hi ari4u. My husband is here on a P-1 athlete's visa. Does this mean once we file the I-130/I-485/I-765, his P-1 visa won't be valid? And he will have to wait for EAD to work?
 
andreamate said:
Hi ari4u. My husband is here on a P-1 athlete's visa. Does this mean once we file the I-130/I-485/I-765, his P-1 visa won't be valid? And he will have to wait for EAD to work?
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This kinda looks like in the gray area.
One of the requirements of the P visa is: The athlete has to have a foreign residence that he/she has no intention of abandoning; This implies non-immigrant intent and also implies the inapplicability of the dual intent doctrine to this visa category. However, the regulations clearly indicate that the approval of a permanent labor certification or the filing of a preference petition for the alien shall not be a basis for denying a P petition (excluding essential support personnel). So long as the alien maintains an unabandoned foreign residence, it appears as though dual intent is recognized. Dual intent doctrine does not apply to P-1 support personnel, it only applies to P-1 athletes or performers.

You may want to talk to a lawyer to see if dual intent applies in this case, or wait till EAD is approved before resuming work.
 
ari4u said:
This kinda looks like in the gray area.
One of the requirements of the P visa is: The athlete has to have a foreign residence that he/she has no intention of abandoning; This implies non-immigrant intent and also implies the inapplicability of the dual intent doctrine to this visa category. However, the regulations clearly indicate that the approval of a permanent labor certification or the filing of a preference petition for the alien shall not be a basis for denying a P petition (excluding essential support personnel). So long as the alien maintains an unabandoned foreign residence, it appears as though dual intent is recognized. Dual intent doctrine does not apply to P-1 support personnel, it only applies to P-1 athletes or performers.

You may want to talk to a lawyer to see if dual intent applies in this case, or wait till EAD is approved before resuming work.
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Wow, I just got confused. I'm not really sure what the "dual intent doctrine" is...if I understood correctly, my husband should have a residence in his home country of Australia (so should I list his parent's address on the I-130 petition?)...his P-1 visa doesn't expire until December 19, 2006. I hope to have the package sent out by the end of the week. Do you think I should just wait to file EAD hoping that my interview will be before the expiration of the P-1 visa?
:confused:

To make it evenmore confusing...he received an EAD in July 2004, valid for 1 year, while waiting on a pending I-140/I-485 package (which got denied). Since his EAD expired in July 2005, if we did apply for one again, would I apply for a renewal? Or just 'permission to accept employment'?

Sorry for all the questions...and thank you so much for taking the time to help.
 
andreamate said:
Wow, I just got confused. I'm not really sure what the "dual intent doctrine" is...if I understood correctly, my husband should have a residence in his home country of Australia (so should I list his parent's address on the I-130 petition?)...his P-1 visa doesn't expire until December 19, 2006. I hope to have the package sent out by the end of the week. Do you think I should just wait to file EAD hoping that my interview will be before the expiration of the P-1 visa?
:confused:

To make it evenmore confusing...he received an EAD in July 2004, valid for 1 year, while waiting on a pending I-140/I-485 package (which got denied). Since his EAD expired in July 2005, if we did apply for one again, would I apply for a renewal? Or just 'permission to accept employment'?

Sorry for all the questions...and thank you so much for taking the time to help.
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Nonimmigrants are those who enter the U.S. for a temporary period of time and their activity is restricted consistent with their particular visa (e.g. visitor, student, employment, etc.) Nonimmigrants must generally represent that they will only stay in the U.S. for a temporary period.

Immigrants are those who enter the U.S. with the intent to stay permanently and have generally entered the U.S. under a provision of law that allows such entry.

Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only a few categories of visa holders (like H, L, E) are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status.

I answerd your second questions in your other thread.
 
Okay, now I understand. I may wait to file the I-765...hopefully we will get the interview date before his P-1 expires. When it comes a little closer to the date of his P-1 expiration, I will file for the EAD. I think.... :(
 
OMG... My interview is on July 12

Hello Mr. Administrator, please put me down for 1 AOS interview on July 12, 2006 in Garden City, New York City. I cannot believe this at all. I filed my AOS applicaiton in Feburary 2006 and I recieved my 'Application for Permanent Resident' interview on July 2006. I have prayed for this moment for such a long time. I just cannot believe New York City is giving interviews so quickly. I am sooooooooooooo happy. God Bless everyone and I hope everyone get their AOS interviews quickly with all this immigration buzz now. I will keep u updated.

Thanks for the great thread.
 
Congratulations Cheetat1. All the best for your interview. Read the interview experience thread in this forum (first page of this thread has the link) and you will be fine.

Can you post your dates (RD/ND, FP, etc.)?

Thanks !!
 
AOS Approved!!!

My AOS was approved today! I've posted my experience on the interview experience thread. The DO was Fairfax. Hope it helps someone!
 
sameergupta said:
Interview went well but name is still stuck in FBI Name check. :mad:

Does anobody know how can I find out anything from FBI in this regards?

Any help will be highly helpful.


Sameer
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I was in the same situation, please see below my timeline. I couldn't get a stamp after completing my interview. So I wrote to my congressman (reply said it's standard back log blah blah blah), to FBI NCPP director (never a reply), send email to FBI email every week -- every Monday morning I get to work, my first thing is to forward my previous email to FBI, for 6 months, never a reply. I called FBI office, never got an alive person. So in the end I was so fed up, I read somewhere that I can sue USCIS. Then I called my lawyer, he told me not to do it, and just be patient. I could not accept that as an answer. So with the last hope, I sent FBI a request of information under FOIA (freedom of information act). Apparently they use the same database as NCPP name check for immigration. But for immgiration they go one step further, i.e., they'll check anything involves you, even if you are a victim or witness... so after I sent that request to FBI in mid April 2006 (don't fax, cause they don't accept fax now, even if their form says you can fax), miraculously my name check was complete, and my GC showed up in less than 3 weeks. So it's still a myth to me as to what really helped, but I could only say FOIA won't hurt. Go to FBI website and type in FOIA or just google it, you can find the form and fill it out and mail it in. GOOD LUCK!!!

My timeline:
9/23/2004 Day 0 485/EAD Forms sent
9/28/2004 Day 5 RD
10/4/2004 Day 11 ND
10/20/2004 Day 27 FP/Bio
10/26/2004 Day 33 FP RD by CIS
11/29/2004 Day 67 EAD issued
11/15/2004 Day 53 AP application mailed
11/18/2004 Day 56 RD for AP
11/23/2004 Day 61 ND for AP
12/15/2004 Day 83 AP issued
7/18/2005 Day 298 2nd EAD form sent
7/24/2005 Day 304 RD for EAD
7/28/2005 Day 308 ND for EAD
9/15/2005 Day 357 2nd EAD issued
10/18/2005 Day 390 DO Fairfax VA Interview, no stamp b/c name check pending
4/13/2006 Day 567 RD for 2nd AP
4/19/2006 Day 573 ND for 2nd AP
4/21/2006 Day 575 Infopass appt, name check complete
4/21/2006 Day 575 FP expired, redo
5/5/2006 Day 589 Greencard approved
5/9/2006 Day 593 ND of approval letter
5/12/2006 Day 596 RD of approval letter
5/14/2006 Day 598 Greencard showed up in the mail
 
smartspider said:
My AOS was approved today! I've posted my experience on the interview experience thread. The DO was Fairfax. Hope it helps someone!
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Congratulations :)
 
Anyone earlier than March '04

Hi guys,

I am wondering if there is anyone who filed the I-485 application based on marriage to US Citizen on or before March '04?

I-485 RD: March '04
Interview: August '05
Approval Pending 'Security Check'

Just making sure if I am still the norm or it's just way tooo much time?

thanks,
waiting waj
 
Congrats, ilford! :)

Apparently you can't go by the processing dates on the USCIS website, because they say that last month Baltimore were processing I-485s with NDs of 21 April 2005. And someone else from Atlanta got an interview letter, but according to the processing dates, they were processing NDs of August 2005.

That actually gives me hope, because according to the website, Denver is processing NDs of August 2005, too. But I might actually get my interview letter very much sooner than that.

What do you guys think?
 
I agree with you patsy.

They even didnt update my status online. It still shows they received my RFE. It is very disturbing. If the letter is lost in mail then nobady knows I even got an interview letter before they sent a rejection for not attending interview..Its a bad practise. My Online status was uptodate till now. But I dont know why cant they just update it and say we sent you interview letter
 
Anybody here who received Interview appointment letter before EAD and AP approval? Just got my interview letter today and I'm scheduled for July 7.

Should I be worried that I don't have I-30 and I765 approval yet? Please advise..thanks!
 
I have got my interivew letter for 07/11/06 too and I am yet to receive my EAd too.

I believe I will get it before the interview, so stay cool you are not the only one :rolleyes:
 
justnew said:
I have got my interivew letter for 07/11/06 too and I am yet to receive my EAd too.

I believe I will get it before the interview, so stay cool you are not the only one :rolleyes:
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What is your DO? and did your spouse file an I-130 for you? I wonder why I'm not getting anything. I hope I get something soon!!
 
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