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DV2008--AOS only

raevsky said:
Maybe it was sent in fact much later than you thought.
Also, CIS could register .........violated by CIS.
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Hmm, it seems that you are well aware of how the CIS works....and I wouldn't be suprised if you are/were an employee there??:):) If so pl enlighten us more how things tick over there ! ;)

I-485 early filing, the compelling case I have is a
DV06 AS7XXX . NL May 05, I485 July 05, NOA soon after (before Oct 1st '05), FP Jan06,EAD soon after,Intvw July 06.

Anyways unless raevsky speaks for USCIS lets hope they would clarify matters soon. If I read their memo corrrect I think they admit the need for consistency within USCIS and are working on improvements. I am waiting to see the press release on the 'Natl stakeholder meeting' held on 27th May.

As Plus07 mentioned, let us take easy on this matter, at least for now.....!
 
I am not an employee there. All my information is from public source, sometimes trying to find an easy logical explanation of what is happening.

Regarding your case.

I-485 early filing, the compelling case I have is a
DV06 AS7XXX . NL May 05, I485 July 05, NOA soon after (before Oct 1st '05), FP Jan06,EAD soon after,Intvw July 06.
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It looks like that was really an early filing (it was filed for DV-2006 in fiscal 2005). Do you mean the case completed successfully and there was no denial on the case?

Actually, the written policy does not guaranee a denial in case of early filing. What it does it guarantees no denial on the ground of early application in case the application was done in the same fiscal year after the number was already published as current in upcoming months in the visa bulletin.
 
raevsky said:
Do you mean the case completed successfully and there was no denial on the case?
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Oh yeah, he had sailed thru smoothly ! Infact he was pushing me to do the same asap, but then I hesitated 'cos I came across those 2 April '08 CIS memos. And now when I tell my friend about all the buzz about it, even the denial stories I found on the web refering to '05 and before.....he goes....Lucky meeeeee !!

Thats life, thats why i say its part luck and part CIS descrition !
 
raevsky said:
I have been for 17 years in the US and I do not remember any mail taking so long to be delivered. That is at least very suspicious and does not look correct.
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This has to be the stupidest thing I've ever heard. My February rent check made was delivered to my landlord in May, three months late. Mail gets delayed all the time. I had someone else's misdelivered W-2 form in my apartment for a month until I finally got around to putting it into a mailbox so they could maybe send it to the correct person.

As an aside, you may also be interested in the various stories on this site of people getting letters from USCIS addressed to them but containing some other person's rejected I-485, RFEs, etc.

Our experience with USCIS is that a defensive posture is warranted so long as you get the desired benefit. You can refer to memos, policies, etc all you want, but if the corrupt/lazy/untrained guy you get hasn't read the memo and denies you, lots of luck with MTRs trying to get it reversed before the fiscal year ends. That's the rub... you can play by the "rules" and still lose big time, because they don't have to follow the rules, and you can't force them to. Look for ways you can get screwed and avoid them if possible.

If USCIS people were as well organized and trained as you seem to think, there would be no need for sites like this...
 
Johnkent said:
I don't know where u're from, but try calling USCIS and getting information from them and every single customer rep u speak to will tell you something totally different.
Anyway, i know someone who Won dv 2008, filled for AOS in october 2007 and his application was denied because his number was not current. And there was someone else on this site who applied early and in October without his number being current and he was approved. tell me USCIS is consistent with its policies.
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Was that guy's number even current at the time of approval? I thought it was some humongous africa number.
 
orangeandwhite said:
If USCIS people were as well organized and trained as you seem to think, there would be no need for sites like this...
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Would it be so? I strongly doubt. This site came into being not because of the problems with CIS, but was summoned by the eternal human desire to hear about the others in the same boat... That's what the whole internet is for :)
 
Our experience with USCIS is that a defensive posture is warranted so long as you get the desired benefit. ....
If USCIS people were as well organized and trained as you seem to think, there would be no need for sites like this...
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All my life in the US I have seen a lot of mistakes, made by people, by businesses and so on.
Those mistakes are random, and some of them are against you while others are against your opponent (business, government, e t.c.). My experience was that I was effectively able to disqualify all mistakes against me I have noticed and made them corrected, while I kept untouched all mistakes against my opponents (even though I have seen a lot of them).

I agree that is more difficult with governement structures (especially with USCIS and IRS), than with businesses. However, I am absolutely sure if you are confident enough and active enough, you can do the same with government structures too.

The consular system is a little different than those. It works better (follows law better, makes less amount of mistakes), but it is not subject to judicial review (to the court system), though UCSIC (and IRS) are both subject to judicial review. So, during CP much more depends on your behaviour during the interview that afterwards.

I agree it is better to minimize the risks. However, when risk is extremely low (as I said, we do not know any single case when a person was denied for early application when we are 100% sure there was no early aplication, according to the policy), it is safe to follow the policy.

BTW. It is really true - I am not aware of any mail of mine or sent to me when I am 100% sure it took more that 4 days to deliver it. If somebody tells you the mail was sent a month ago, that does not necessarily mean it was really sent a month ago. Just think about it. Once it took 5 days to Hawaii (from Massachusetts). 4 days in 48 states.
 
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masematn said:
Would it be so? I strongly doubt. This site came into being not because of the problems with CIS, but was summoned by the eternal human desire to hear about the others in the same boat... That's what the whole internet is for :)
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Think more deeply. :) There are no forums dedicated to how to get a driver's license. And nobody feels "an eternal human desire" to hear about other people getting a driver's license. :)
 
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plus07 said:
But this board is for people who just immigrated. :) It doesn't count. :)
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In any process where you combine the DMV and the INS you have just unimaginable potential for suffering.

for what it's worth, I think it's unreasonable for applicants to seriously expect the USCIS people to really know their own policies. Their policies are extremely complex and opaque, are often totally irrational, and change very frequently and arbitrarily. Meanwhile, the people who are charged with implementing these policies are often high school graduates making $25-35k in a poorly funded organization with early 1980s technology, under constant pressure from all sides.

meanwhile, at state, consular officers have college degrees, and are in a role where there is decent pay, prestige, and opportunity to advance. and they have set up processes that are comparatively streamlined. easy to see why CP is a better choice in almost every case.
 
Had another infopass last Friday.
Namecheck still pending :(
185 days since docs been sent, 184 days since number became current, 142 days since namecheck received by FBI and 74 days since interview. Just bad luck :(

Anyway looks like it's time to start preparing letters to congressman, senator, etc.
So could someone give me example of the letter?
Also how I can get name and address/e-mail of my local field office director (USCIS Denver field office) - I'd like to escalate my case to he/her, but can't google name/address.
 
MikeM said:
Had another infopass last Friday.
Namecheck still pending :(
185 days since docs been sent, 184 days since number became current, 142 days since namecheck received by FBI and 74 days since interview. Just bad luck :(

Anyway looks like it's time to start preparing letters to congressman, senator, etc.
So could someone give me example of the letter?
Also how I can get name and address/e-mail of my local field office director (USCIS Denver field office) - I'd like to escalate my case to he/her, but can't google name/address.
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Did you ask them to adjudicate since your application is pending for more than 180 days? What did they reply?
 
plus07 said:
Did you ask them to adjudicate since your application is pending for more than 180 days? What did they reply?
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It doen't matter for how long application is pending. What matter is for how long FBI name check is pending and it's less than 180 days for my case so far.
See http://www.uscis.gov/files/pressrelease/DOC017.PDF for exact memorandum text.

In addition I'm a little bit nervous that this memo is not a valid anymore, because it was a second infopass where officer referenced to April memo regarding namecheck: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf

So I affraid they could ignore Feb Memo at all.
 
MikeM said:
It doen't matter for how long application is pending. What matter is for how long FBI name check is pending and it's less than 180 days for my case so far.
See http://www.uscis.gov/files/pressrelease/DOC017.PDF for exact memorandum text.
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I agree. At least in your case 180 days will be in August, right? And you've already had your interview. So at the latest your case should be approvable in August. I would try to push for an approval way before August though.

MikeM said:
In addition I'm a little bit nervous that this memo is not a valid anymore, because it was a second infopass where officer referenced to April memo regarding namecheck: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf

So I affraid they could ignore Feb Memo at all.
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My guess is that the memo is valid. I think the second memo simply provides more detail about the namecheck backlog. Completed namechecks are still required for citizenship and a few other situations.
 
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hey guys,
finally i got my interview letter and it is on 25 june.Now i am preparing for the interview.I am confuse about the documents i need.Especially about the affidavit of support?Yesterday i had call USCIS and they told me that as long as u r in status i should be fine.But in the interview letter i got it is written that i need i-864 form,so i am totally confused?Then i called them agian then she told me that it is the general format of letter,do i don't need to to present any financial as long as i show the sponser of my I-20.So do u guys think whether i have to find someone to fill i-864?
 
santoshlamsal said:
hey guys,
finally i got my interview letter and it is on 25 june.Now i am preparing for the interview.I am confuse about the documents i need.Especially about the affidavit of support?Yesterday i had call USCIS and they told me that as long as u r in status i should be fine.But in the interview letter i got it is written that i need i-864 form,so i am totally confused?Then i called them agian then she told me that it is the general format of letter,do i don't need to to present any financial as long as i show the sponser of my I-20.So do u guys think whether i have to find someone to fill i-864?
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U don't need I-864 but it won't hurt to have one incase. When did u have ur forms mailed to Chicago lockbox and when did u do ur biometrics??
 
santoshlamsal said:
hey guys,
finally i got my interview letter and it is on 25 june.Now i am preparing for the interview.I am confuse about the documents i need.Especially about the affidavit of support?Yesterday i had call USCIS and they told me that as long as u r in status i should be fine.But in the interview letter i got it is written that i need i-864 form,so i am totally confused?Then i called them agian then she told me that it is the general format of letter,do i don't need to to present any financial as long as i show the sponser of my I-20.So do u guys think whether i have to find someone to fill i-864?
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I-134 is the correct form. I-864 is the form for family immigration.

You do not need it but it would be nice to have. Think of it as an insurance policy against a difficult interviewer.

If you bring evidence that your studies are funded (e.g., scholarship, RA position, job, savings, etc) then you are unlikely to have a problem.
 
You do not need it but it would be nice to have. Think of it as an insurance policy against a difficult interviewer.
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I-864 is not only not required, it is not really acceptable as a substitute for I-134. So, that cannot help. However, information listed there might clarify more details (it has more details than I-134).
 
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