Baltimore transfer at 8/6 (RD 1/16/2002)
- Thread starter BC
- Start date
update
Hi all
My spouse just finished an interview with officer C at Baltimore, the news is neither good nor bad, at least we can't decide! The officer seemed to be a senior officer who was very uptight and looking into every document and could not find anything in the file. She kept saying documents such as college certificates were missing but when we gave copy and mentioned that it should be in the file, she looked again and found them. Finally she again reviewed everything and said that the non-availablity of birth certificate is a problem.
My spouse had provided a clear document from Muncipality stating that birth certificate is not available and clear affidavits from each parent on stamped paper stating the date of birth (which is same as in the passport). But the officer said she needs another document such as Baptism certificate (I was on the verge of losing my temper and asking her to not assume that everyone is a christian and that too a baptist!!) but we kept our cool. She insisted that she needs a document showing date of birth other than passport. The problem is the date of birth of my spouse on the 10th class certificate (from India) is amended through a court in India and the certificate indicates this amendment! What a pain! Then the officer took my spouse's finger print and signature on the form and said to mail the document before June 2nd and then they will decide on the case! I cannot believe that even with evrything so clean she made an issue of the date of birth. But then she took finger print and signature, what does this mean?
Does anyone know of a website that says that non-availablity certificate and affidavits of parents is enough as proof of birth date for immigration? I remember reading it somewhere..
I would appreciate all your suggestions. Thanks,
silent
Hi all
My spouse just finished an interview with officer C at Baltimore, the news is neither good nor bad, at least we can't decide! The officer seemed to be a senior officer who was very uptight and looking into every document and could not find anything in the file. She kept saying documents such as college certificates were missing but when we gave copy and mentioned that it should be in the file, she looked again and found them. Finally she again reviewed everything and said that the non-availablity of birth certificate is a problem.
My spouse had provided a clear document from Muncipality stating that birth certificate is not available and clear affidavits from each parent on stamped paper stating the date of birth (which is same as in the passport). But the officer said she needs another document such as Baptism certificate (I was on the verge of losing my temper and asking her to not assume that everyone is a christian and that too a baptist!!) but we kept our cool. She insisted that she needs a document showing date of birth other than passport. The problem is the date of birth of my spouse on the 10th class certificate (from India) is amended through a court in India and the certificate indicates this amendment! What a pain! Then the officer took my spouse's finger print and signature on the form and said to mail the document before June 2nd and then they will decide on the case! I cannot believe that even with evrything so clean she made an issue of the date of birth. But then she took finger print and signature, what does this mean?
Does anyone know of a website that says that non-availablity certificate and affidavits of parents is enough as proof of birth date for immigration? I remember reading it somewhere..
I would appreciate all your suggestions. Thanks,
silent
Ok, so I did some investigative work and find that the officer was correct in demanding the documents according to this document:
http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec1032
see section (b)(2)
I still wouldn't call the officer efficient in other respects, because she could not find anything in the file, looks like she had not prepared by looking through the file at all, I guess she is a very senior and busy officer. During the interview junior officers came to take her opinion on other cases they were dealing with and for one case she rudely asked the junior officer to reject the case and send the applicant away!! My sympathies for that applicant!
So the bottom line is we are going to send the school certificate + all the documents used in the Indian court to make the amendment. Everything is above board but its a matter of delay I guess. Anyway hope this gives the others here go prepared and armed with documents for such events.
I am still puzzled as to why she took finger prints and signature on the form that is usually what sets off the plastic card process. But yet no temporary stamp on the passport was made.
Thanks,
Silent
http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec1032
see section (b)(2)
I still wouldn't call the officer efficient in other respects, because she could not find anything in the file, looks like she had not prepared by looking through the file at all, I guess she is a very senior and busy officer. During the interview junior officers came to take her opinion on other cases they were dealing with and for one case she rudely asked the junior officer to reject the case and send the applicant away!! My sympathies for that applicant!
So the bottom line is we are going to send the school certificate + all the documents used in the Indian court to make the amendment. Everything is above board but its a matter of delay I guess. Anyway hope this gives the others here go prepared and armed with documents for such events.
I am still puzzled as to why she took finger prints and signature on the form that is usually what sets off the plastic card process. But yet no temporary stamp on the passport was made.
Thanks,
Silent
Hi sunny0516,
If you still visit this forum could you please let us know if you did receive the interview letter. As per the tracker yours was transferred in July, so I guess you are already done with your interview and are approved. Will appreciate if you share your experience. Thanks.
If you still visit this forum could you please let us know if you did receive the interview letter. As per the tracker yours was transferred in July, so I guess you are already done with your interview and are approved. Will appreciate if you share your experience. Thanks.
Silent,
Thanks a lot for sharing info! Your spouse should be approved after submitting the documents, of course it is sad that you had such thing but it looks like you just have to wait a little longer. Please keep us updated.
Lulu001, good luck for your interview tomorrow! Please share your info with us after you are done!
Thanks a lot for sharing info! Your spouse should be approved after submitting the documents, of course it is sad that you had such thing but it looks like you just have to wait a little longer. Please keep us updated.
Lulu001, good luck for your interview tomorrow! Please share your info with us after you are done!
interview help
Hi all,
Here is my case:
140 (NIW) - ND Mar-2002, AD Nov-2002
485 ND Jan-2003, FP1 Feb-2003, FP2 Aug-2004
TD Sep-2004, ID Mar-8-2005
I and my family will have a 485 interview at Baltimore on March 8 (officer D). One question persists bothering me hardly. After 4 months I submited my I-485, I moved to Tennessee and then Georgia. I am currently working with H1B (issued by Texas). However, my family are still living in Maryland, they never change the home address. Because of this reason, I didn't notisfy Vermont of my job changes (twice as whole lab moved). Now I am worrying if this officer will be unhappy after he/she find this fact and transfer my case to Texas. If so, it will be a terrible nightmare for us. I still hold Maryland driver license, and visit my family monthly (I keep the flight tickets). I also have many other evidences showing my permanent resident address in Marrland: Federal tax return (married filling jointly using Maryland address), and bills, bank statements. How do you guys think my case? It is a big problem such that I have to hire a lawer? or it is just ok? If the worse thing happens (ie, they transfer my case since I belong to Texas center), can I insist they should stamp my family's application since they are Maryland residents? Who knows the personhood of officer D?
The another problem is, my wife is currently working with EADs (issued by Vermont), but at the same time I also applied H4 visa for her and my kid twice with my H1Bs (issued by Texas). It is another big trouble? or I just not show my wife and kid' H-4 visa?
I appreciate your advice.
Hi all,
Here is my case:
140 (NIW) - ND Mar-2002, AD Nov-2002
485 ND Jan-2003, FP1 Feb-2003, FP2 Aug-2004
TD Sep-2004, ID Mar-8-2005
I and my family will have a 485 interview at Baltimore on March 8 (officer D). One question persists bothering me hardly. After 4 months I submited my I-485, I moved to Tennessee and then Georgia. I am currently working with H1B (issued by Texas). However, my family are still living in Maryland, they never change the home address. Because of this reason, I didn't notisfy Vermont of my job changes (twice as whole lab moved). Now I am worrying if this officer will be unhappy after he/she find this fact and transfer my case to Texas. If so, it will be a terrible nightmare for us. I still hold Maryland driver license, and visit my family monthly (I keep the flight tickets). I also have many other evidences showing my permanent resident address in Marrland: Federal tax return (married filling jointly using Maryland address), and bills, bank statements. How do you guys think my case? It is a big problem such that I have to hire a lawer? or it is just ok? If the worse thing happens (ie, they transfer my case since I belong to Texas center), can I insist they should stamp my family's application since they are Maryland residents? Who knows the personhood of officer D?
The another problem is, my wife is currently working with EADs (issued by Vermont), but at the same time I also applied H4 visa for her and my kid twice with my H1Bs (issued by Texas). It is another big trouble? or I just not show my wife and kid' H-4 visa?
I appreciate your advice.
compass said:
Hi compass,
Thank you for your encourage reply. I have already got a current employment letter.
compass said:
The problem is, I applied H4 visa for my wife twice from Texas since I changed my job twice. And during this period, my wife renewed her EAD from Vermont several times. The newest one was issued at the end of Feb. this year. It seems that both centers don't communicate frequently and closely, since they never ask any question. So I may don't show my wife's H4. The another thing is, The applicant for my son's H4 is my wife. Do you think there is any trouble if I don't show my wife's H4?
Thanks a lot!
Hi ugathens,
I looked into this issues since i am in same situation. I had J-1 first, then H-1, then I had problems with my company and I had to keep our status alive... then applied for I-485 (after I-140 approval) but I still keep my H-1. My spouse and kid got EADs and use them occasionally for temporary work.
First, when you apply for I-485, you are IN LEGAL STATUS, starting from the I-485 notice date. I suppose your wife/kid had valid H-4 until your I-485 notice date. Then your wife started using her EAD and she lost her H-4. As for your kid, since she was applicant for his H-4, I am not sure if his H-4 is valid - but the thing is, he is in legal status (AOS status) and he is ok, too.
Important thing is, if something happens with your I-485 and it will be denied - then you simply should immediately apply for your wife+kid H-1 again (based on your H-1) and change their status back from AOS to H-4.
I think, to prove your legal status (if asked) you should just show H-1 or whatever (J-1, H-4) you had for the time before your I-485 ND.
Of course your wife should bring her EADs to the interview.
Let me know if you have more questions, I know everyone is worrying before the interview and it is normal.
I looked into this issues since i am in same situation. I had J-1 first, then H-1, then I had problems with my company and I had to keep our status alive... then applied for I-485 (after I-140 approval) but I still keep my H-1. My spouse and kid got EADs and use them occasionally for temporary work.
First, when you apply for I-485, you are IN LEGAL STATUS, starting from the I-485 notice date. I suppose your wife/kid had valid H-4 until your I-485 notice date. Then your wife started using her EAD and she lost her H-4. As for your kid, since she was applicant for his H-4, I am not sure if his H-4 is valid - but the thing is, he is in legal status (AOS status) and he is ok, too.
Important thing is, if something happens with your I-485 and it will be denied - then you simply should immediately apply for your wife+kid H-1 again (based on your H-1) and change their status back from AOS to H-4.
I think, to prove your legal status (if asked) you should just show H-1 or whatever (J-1, H-4) you had for the time before your I-485 ND.
Of course your wife should bring her EADs to the interview.
Let me know if you have more questions, I know everyone is worrying before the interview and it is normal.
Hi compass,
I got my I-485 ND when I was still in J1 visa (I submit the 485 applications with both 140 and the 2 year-residence waiver approval). Two months later, we got our first H1B and H4 approved. After our lab moved, we got our second H1B and H4. However during this period, my family never moves with me, they still live in the same address in Maryland, and my wife keeps working with EAD (renewed 3 times).
Half hour ago, I called a lawyer in Maryland, asked if he is willing to go with me for the interview. He said there is no difference with or without a lawyer. His answer was quite positive about my residence and EAD/H4 concerns. He said if I have a Maryland driver license, it should be a strong evidence to convience the officer that I am a permanent resident of Maryland. And it is ok for I applied H4 for my family from Texas since I changed job and for my wife uses EAD issued from Vermont since she lives in Maryland. I amnot sure if he is right, since like you, many of my friends also mentioned the conflict EAD/H4. Anyway, I am going to bring all these documents with me and present them only if they are asked. There are any voices from others? Thanks.
Compass, thank again for your nice help.
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ugathens
I got my I-485 ND when I was still in J1 visa (I submit the 485 applications with both 140 and the 2 year-residence waiver approval). Two months later, we got our first H1B and H4 approved. After our lab moved, we got our second H1B and H4. However during this period, my family never moves with me, they still live in the same address in Maryland, and my wife keeps working with EAD (renewed 3 times).
Half hour ago, I called a lawyer in Maryland, asked if he is willing to go with me for the interview. He said there is no difference with or without a lawyer. His answer was quite positive about my residence and EAD/H4 concerns. He said if I have a Maryland driver license, it should be a strong evidence to convience the officer that I am a permanent resident of Maryland. And it is ok for I applied H4 for my family from Texas since I changed job and for my wife uses EAD issued from Vermont since she lives in Maryland. I amnot sure if he is right, since like you, many of my friends also mentioned the conflict EAD/H4. Anyway, I am going to bring all these documents with me and present them only if they are asked. There are any voices from others? Thanks.
Compass, thank again for your nice help.
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ugathens
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ugathens
First of all I wish you good luck with your interview. Although I am not an expert and do not understand these issues very well, my argument is that it is not a crime to maintain H1/H4 even though they may have EADs. This is because in the event something goes wrong with the 485, their status will revert to H1/H4 as the case may be. So having H1/H4 (aong with EAD) should provide a backup plan.
You mantion that your lab moved. Did you mean that you worked for the same company and you had to move to another place because your lab moved? Anyway, I also noticed that you mentioned you changed job. NIW allows you to change your job, but I am not sure if everytime one changes job one will need to get his/her 485 file moved to the corresponding center, how far is this practical, more so if the changes are withinn short time!! I guess that you working in TX while your interview is in Baltimore should not be a problem as lawyer indicated, and I think you have many positive explanations for that. One thing, you may want to carry sufficient proof that your wife is your wife, I mean you should be able to demonstrate that it is not a marriage of convenience (it might sound vague but I have seen people discussing this issue elesewhere in the forum, particularly for situations where husband and wife are not staying together). GOOD LUCK ONCE AGAIN.
First of all I wish you good luck with your interview. Although I am not an expert and do not understand these issues very well, my argument is that it is not a crime to maintain H1/H4 even though they may have EADs. This is because in the event something goes wrong with the 485, their status will revert to H1/H4 as the case may be. So having H1/H4 (aong with EAD) should provide a backup plan.
You mantion that your lab moved. Did you mean that you worked for the same company and you had to move to another place because your lab moved? Anyway, I also noticed that you mentioned you changed job. NIW allows you to change your job, but I am not sure if everytime one changes job one will need to get his/her 485 file moved to the corresponding center, how far is this practical, more so if the changes are withinn short time!! I guess that you working in TX while your interview is in Baltimore should not be a problem as lawyer indicated, and I think you have many positive explanations for that. One thing, you may want to carry sufficient proof that your wife is your wife, I mean you should be able to demonstrate that it is not a marriage of convenience (it might sound vague but I have seen people discussing this issue elesewhere in the forum, particularly for situations where husband and wife are not staying together). GOOD LUCK ONCE AGAIN.
saurnav said:
Dear saurnav,
Thank you for your comments. My first H1 was granted by a University, then our whole lab moved with the boss to another University, so I got a second H1. But my family doesn't move with me, although I applied H4 for them twice with my H1B. Since I never change my permanent home address, I don't notify Vermont of my job changes, this is why my interview is in Baltimore. This is the whole story.
We had our interview and it went well, no stamp in passport because now nobody gets it at the interview, the case goes to another unit, we were told by the officer; but anyway, the officer said it will recomend our case for aproval , and we will recive the final decision in the mail and that then will have to get our passport stamped and wait for the card.
So ... I'll keep waiting...
So ... I'll keep waiting...
--- it seems new info to me and I suspect that the officer needs openion from from supervisor and supervisor may be busy that time or day. I got PM last week from a person who went for Interview march 3, got approved(AC21 case) and got the passport stamp same day, I dont know if they have changed after 3rd march or created new unit. only the peson who is next to attend interview can post the correct and recent info to confirm what the officer told you.. I think you will get approval next week in the mail.lulu001 said:
Good Luck!!