Help - Visitor visa - AOS pending, proof of status document??

S

sunnyk2002

Registered Users (C)
Hi,

Please excuse me for posting this message in this forum,
but the situation is related to I-485:
Our (me, my wife and kid) application for I-485 is pending
with BCIS:
RD: 11/15/01
ND: 12/09/01
I am working on EAD. My wife doesn't work (but she has EAD)
My in-laws applied for visitor visa at Mumbai consulate. The
consulate called them for an interview along with the proof
of status of my wife. During the interview, my in-laws showed
the officer, My wife's I-485 receipt, her EAD card, along with her
passport and original Birth certificate. But the officer was not
satisfied with the documents. He wanted either green card
copy or a statement (from ???) stating that the green card will
be approved (I don't think we can get such a letter).
The officer said that I-485 receipt and EAD copy is fine but
it doesn't mean that green card is approved yet (which is
true), and EAD is just a temporary permit. The H4 stamping
in my wifes passport expires May end. And, since I am
currently working on EAD for a different employer, the old H1B
in my passport is no longer valid. The officer didn't approve
their visitor visa (and also he hasn't put a "Rejected" stamp in
their passport. ) My in-laws have been asked to come back
again with the "proof of status in US" for my wife.
My question is:
1. What other "Proof of Status in US" documents can we submit
since we don't have our green card yet ?

Anybody in similar situation. Please share your experience.
You response is really appreciated.

Thanks a million.

Regards,

Sunnyk
 
send copy of I-94

I would think the proof of status is a valid I-94 which has not expired. Send them a copy of the I-94.

Happyperson
 
Hi Happyperson,

Thanks for your reply. The I-94 was already there in the passport.
We had sent the copies of all the pages in the passport. The I-94
is valid May'03 end.

I am clueless as to what to send as a "proof of status in US"
document.

Regards,

Sunnyk
 
sunnyk2002:

Your in-laws showed the immigration officer the correct documents. Unfortunately, visitor's visas are discretionary and cannot be appealed. Luckily, their visas weren't rejected. I would suggest that you contact your lawyer and seek advice. If possible try and contact your local Congressman.

The 485 Receipt Notice and EAD are proof of status. BCIS would not have approved the EAD if you weren't in legal status. I wish they issued a new I-94 along with the 485 Receipt Notice so that it became crystal clear that you are indeed in status.
 
Maybe May 2003 date was problem

If your wife's status is only till May 2003, wont it be difficult for her to sponsor someone for the visitor visa. Its not even a month left, for her status to be valid.
My thinking ....

Originally posted by sunnyk2002
Hi Happyperson,

Thanks for your reply. The I-94 was already there in the passport.
We had sent the copies of all the pages in the passport. The I-94
is valid May'03 end.

I am clueless as to what to send as a "proof of status in US"
document.

Regards,

Sunnyk
Click to expand...
 
Maybe May 2003 date was problem

If your wife's status is only till May 2003, they might have thought that she wont be in valid status after that. They probably didnt consider her AOS application.
Maybe get a copy of the adjustee rules also next time. But this is surprising, and I am sure might be a case to ponder for all of us in the same stage.
Keep us posted.
Originally posted by sunnyk2002
Hi Happyperson,

Thanks for your reply. The I-94 was already there in the passport.
We had sent the copies of all the pages in the passport. The I-94
is valid May'03 end.

I am clueless as to what to send as a "proof of status in US"
document.

Regards,

Sunnyk
Click to expand...
 
Last edited by a moderator:
Mavishka and ag28,

Thank you for your responses.

I will contact my lawyer, but I doubt how much he will be helpful.
The lawyer firm is from my old company (for which I no longer
work). I have been trying to reach him (in regards to an RFE on
my case) from last couple of days but couldn't get hold of him.

ag28,
The expiry date of I-94 may be a problem. When I renewed
my EAD, I didn't renew my AP (as I didn't have near term plans
to visit India). Do you think renewing AP and sending the copy to
consulate will work (as a proof of status document) ?

I wish life was simple!

Thanks again.

Regards,

Sunnyk
 
sunnyk2002:

If the 485 Receipt Notice and EAD did not help, the AP will not help either. But as a thumb rule, it's always better to have AP in your possession, especially if you're working on an EAD. You never know when you'll need to travel abroad. With immigration matters better be safe than sorry.

If you're unable to reach your lawyer try consulting with any of the reputed lawyers like Rajiv Khanna or Sheela Murthy concerning your problem.
 
I have the same situation. My H1-B visa expired April 18, 2003. Me and My wife are working on EAD . The INS proessing center is not giving even them an interview date .

After reading this thread. I think I will ask them to wait till I get my GC and I have something on my passport that shows "proof of status" .
 
Thanks Mavishka.
Since I received the RFE details from my lawyer today,
I will also ask him about the visitor visa situation or
I may as well wait till the GC gets approved.

Regards,

Sunnyk
 
Sunnyk2002, that is really strange!!!!!

My wife did not plan to work and so she never applied for EAD. Our H1/H4 visa alongwith I-94 expired a couple of months back.

Her mother was going to apply for her visitor visa based on her own financial strenght, so we also sent the following documents in support of her application:

1. A copy of my EAD (valid till This june only i.e. 2003)

2. Affidavit of support (although her mother was applying based on her own financial strength, I also mentioned that we 'declare and confirm that we would bear all her expenses including the roundtrip airfare to the US.)

3. Letter of invitation from me, confirming to bear all her financial responsibilities.

4. A letter of invitation from my wife (just a general letter, since she is not working)

5. Letter of employment from my employer stating that they will continue to extend my EAD until we receive my GC.

6. Bank statements.

My mother-in-law went for the interview for visa just yesterday (Mon.) and got APPROVED for 10 year multiple entry visa. The irony however is that she told us that the visa officer returned all the papers sent by us and didn't even look at them! (And it took us months of preparation to get the paparwork ready for her).

She had applied from New Delhi and got her passport with visa stamped today.

US consulate is really highly unpredictable.

One more thing, I forgot to mention! She is working and had obtained 'No objection certificate' from her employer and had given to the US consulate. Maybe that helped. I don't know. The visa officer did tell her to always keep the visa in her custody and not to misuse it. Fair enough.....
 
Last edited by a moderator:
Rene2ram,

Thanks for sharing the information. It is good that your mother-
in-law got the visa. Congratulations!

In my case I had not sent my employment letter and affidavit
of support as I just joined on the new project 2-3 weeks ago.
But, we had sent my wife's invitation letter, I-485 receipt, her
EAD, affidavit of support, and also bank statement even though
my in-laws were sponsoring for their own trip. But, the officer
wanted to see green card or similar statement. Now that I have
joined on a project and I can get an employment letter, I wonder
if sending that along with my EAD and I-485 receipt would get
the visitor visa approved. But again the question still remains,
what should I submit for the "proof of status in US" for my wife
as the consulate is asking for it. I think there is nothing I can do
about it except to wait until GC gets approved.

Regards,

Sunnyk
 
Last edited by a moderator:
Thanks for sharing the information in detail. Infact we are also in the same situatation. After 180 days of I-485 RD, my H1 was withdrawn by the sponsored employer and put me on EAD. Now I have joined different employer from a couple of months using EAD. We have to start put together all the paper work to invite my in-law's shortly. I have found lot of details on visitor visa at immihelp.com.
 
5. Letter of employment from my employer stating that they will continue to extend my EAD until we receive my GC.

RENE2RAM

would it be possible for you to post the format of the letter of employment

Thanjks in advance
 
kazi74, here's the Employment Letter Format:

XXXXXXXXXXXXXXXXXXX


Immigration Officer
US consulate general
India

This letter is given to verify the employment of Mr. XYZ. Mr. XYZ has been employed in a professional capacity with 'name of Co.' from ' this date' to present as.......

Mr. XYZ is presently an applicant for Adjustment of status pursuant to the filing of Form I-485, based on an I-140 filed on his behalf by Co. ABC. His Alien no. is ............... It is our intent to continue his enployment. His present employment authorization is derived from a valid employment authorization document(EAD) issued by the INS valid until JuneXXX. An extension of EAD will be obtained as may be necessary, unless he has been granted Lawful Permanent Residence Status by that date.

Should you require any additional information, please do not hesitate to contact this office.

Sincerely

HR
XXXXXXXXXXXXXXXXXXXXX

Ps. I had specifically asked my HR not to mention my 'newly reduced' salary in the letter!!! I was not very comfortable advertising that. However, I had to mention that in the Affidavit of support and had attached bank statements.

But as I said earlier, the officer didn't even look at the papers. We did have some worries though reg. the approval as my wife didn't even have EAD and mine was expiring soon and on top, I didn't even mention my salary or didn't attach any passport/ BC copies. Inspite, the approval was like a breeze!!!! Very unpredictable, indeed!
 
sunnyk2002

Is your wife working. If not how can she sponsor visa for her parents? You have to produce the Affidavit of support, with your employment letter, pay stubs and bank statements. Your tax papers will also help. You write a invitation letter to your parents-in-law.

Same is the case with me. We both are in EAD. My husband is working and I am not. Both our H visas are expired. We applied for my parents in which my husband was the sponsor. We got them 10 yr multiple entry successfully.

Try to send new papers with you as the sponsor. It should work.

Goodluck
mdu123
 
mdu123,

Thanks for your reply. No, my wife doesn't work. At that time
I had just joined the new job and didn't have the paystubs.
So, I thought I would have my wife sponsor her parents on the
basis of bank statements and othe documents such as EAD and
affidavit of support. But, it didn't work. The consulate didn't
grant the visa. They didn't reject it either. The consulate was
asking for "Proof of residence in US" document (????).
Appearantly, EAD and other docs were not sufficient.
People had different experiences, some people got the visitor
visa approved, some didn't. Anyway, we thought we will
postpone their trip till we get our GC. And unfortunately, I am
still waiting for our GC approval. Hope this wait ends soon.

Thanks for your suggestion.

Regards,

Sunnyk
 
I think they need to see AP (my parents' experience)

My parents got 10 yrs visa in Mumbai on April 1st. My husband had sponsored them. Both me and my husband work and we had EAD and AP. At the time of their interview our GreenCards were not approved.

In Mumbai, when my parents went to VFS to get an appointment, the folks there asked for my visa papers (even though my husband sponsored them). My parents showed them the bunch of papers with our AP and EAD copies.

After going through the papers the lady at VFS saw the AP papers and wrote 'Parole Visa' on the application form. (Maybe thet treat AP as some kind of visa :rolleyes: )

At the time of interview, the officer again asked for our passport copies (mine and husband's) and then he asked for our AP and EAD copies.

If your wife has just started working and if she can not provide 3-4 pay stubs, it's better that you sponsor her parents.

Wish you goodluck!
 
This is what we had sent for my parents

Refer to the site http://www.immihelp.com for visitor visa. It's very informative!

For my parents, we had sent the following documents -

1) Letter to the consulate officer (format shown at immihelp.com)
2) Sponsor's employment letter
3) 4 recent pay stubs
4) bank statements
5) tax returns for year 2003
6) Copy of my my birth certificate (parents had also taken original)
7) Copy of our marriage certifiate
8) Copy of our passports, EAD and AP (for both me and my husband)
9) Affidavit of support for in-laws (Husband sponsored them)

HTH
 
I found this thread interesting. I was wondering if you guys can suggest me something as well.

As you already know my situation that i am in 7th Year H-1B. Hopefully, i'll get GC approval this year.

Here's my story.
My parents Visitor Visa got rejected two years ago because my aunt (father's sister)had filed an immigrant petition for my father. The consulate told my parents that they cannot file for Visitor Visa if an Immigrant Petition has been filed on their behalf. Therefore, my parents were told to request cancellation of that petition.

Unfortunatley, my aunt was not able to give affidavit of support papers of the immigrant petition as my uncle had lost the job. Therefore a year later the "Immigrant Petition" got cancelled on it's own as it was not availed during 1 year span.

Now here's my question! We have been scared in applying for my parents visitor visa, even though we have the proof that the "immigrant petition" was cancelled.
You know there's always 'what if in the mind"! Especially after a rejection.

Your expert advise would be greatly appreciated.

thanks in advance. Please do reply.
 
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