JULY 2007 filers, post your timelines !

hey guys can anyone dig into this for an explanation?
what does "TILE 8, CODE OF FEDERAL REGULATIONS, PART, 245.1(C)(4)" STANDS FOR. There s a very weird story behind this. i just want to kno what that means.....
Thanks.
 
Title 8, Code of Federal Regulations, Section 245.1.(c)(4) covers Ineligible Aliens. What is the story?

(c) Ineligible aliens . The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act: (Added 10/1/94; 59 FR 51091 )

(1) Any nonpreference alien who is seeking or engaging in gainful employment in the United States who is not the beneficiary of a valid individual or blanket labor certification issued by the Secretary of Labor or who is not exempt from certification requirements under § 212.8(b) of this chapter;

(2) Except for an alien who is applying for residence under the provisions of section 133 of the Immigration Act of 1990, any alien who has or had the status of an exchange visitor under section 101(a)(15)(J) of the Act and who is subject to the foreign residence requirement of section 212(e) of the Act, unless the alien has complied with the foreign residence requirement or has been granted a waiver of that requirement, under that section. An alien who has been granted a waiver under section 212(e)(iii) of the Act based on a request by a State Department of Health (or its equivalent) under Pub. L. 103-416 shall be ineligible to apply for adjustment of status under section 245 of the Act if the terms and conditions specified in section 214(k) of the Act and Sec. 212.7(c)(9) of this chapter have not been met; (Amended 5/18/95; 60 FR 26676 )

(3) Any alien who has nonimmigrant status under paragraph (15)(A), (15)(E), or (15)(G) of section 101(a) of the Act, or has an occupational status which would, if the alien were seeking admission to the United States, entitle the alien to nonimmigrant status under those paragraphs, unless the alien first executes and submits the written waiver required by section 247(b) of the Act and part 247 of this chapter; (Amended effective 4/1/97; 62 FR 10312 )

(4) Any alien who claims immediate relative status under section 201(b) or preference status under sections 203(a) or 203(b) of the Act, unless the applicant is the beneficiary of a valid unexpired visa petition filed in accordance with Part 204 of this chapter; (Amended effective 4/1/97; 62 FR 10312 )
 
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asPapi said:
Title 8, Code of Federal Regulations, Section 245.1.(c)(4) covers Ineligible Aliens. What is the story?

I read on another forum about this. There this girl that got married to a USC and filled for 1-130, 1-485, but did not show up for interview, because she was divorcing her husband, and 3 weeks latter she got a letter in the mail stating she was dneied basd on that title code.
She said she however send a mail to USCIS before the interview date for withdrawal of her pettition, and she guessed that USCIS did not get her letter before the intervew date. This was in 2006 and now she is remaried to a USC, and was asking for an explanation of her previous denial. She was also asking if this will affect her new application.
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if thats what it meant on part c, 4, why was she dennied then based on that? She was eligible just by marring a USC, I'm confussd here....lol..
 
It means that to adjust as an Immediate Relative, in this case as a spouse, you MUST have an approved valid petition or a valid concurrently filed Petition for Alien Relative, as at the time you apply to adjust status.

The lady who married a USC and did not show up for the interview abandoned her application, signified her intention to get divorced in writing to the USCIS and of course that invalidates the Petition and consequently her application was denied.

It does not matter whether she sent a letter to withdraw or not, since she did not ask for the interview to be rescheduled, she in effect abandoned her application. Withdrawing an application does not mean you never applied.

Question is, since she divorced her prior husband and now has remarried so quickly it might raise eyebrows as to whether she is trying to avoid immigration laws. She is going to have to prove beyond a reasonable doubt that this marriage is bonafide.

If I was an IO, I would be very interested in the previous grounds for divorce.
 
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ok that makes sense...
she never statd why she divorced....lol..
well i had to ask there ''cos i wa a bith confused ther...
thanks asapi.
 
PraetorianXI said:
What I wonder is... was she put in removal proceedings? since she abandoned her petition for AOS?
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Actually she wasn't because she wrote that she send them a letter of witdrawal without mentioning about the intent to divorce, and besies she said she was still on legal status as an F-1 student.
yeah because someone else just ask her that question.
 
PraetorianXI said:
You would think her non-immigrant visa (F1) would be invalidated, as would her status... since she showed immigrant intent.
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yes OMG that is exactly what i was thinking....... but she never mentioned it... bor i guess she was smar not mentioning divorce in the letter of withdrawal ' cos that would have been screewed up big time.
 
godisgoodtome said:
What was the code on your FP apointment letter? Was is code 1, 2 or 3? just curious.
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I think it is code 3, but I am not 100% sure at the moment since I don't have the appointment letter with me (I'm at work and the notice is home). I will update this once I get home.

I also received the letter for my AOS Interview stating it is scheduled for 10/12/2007
 
AmitD said:
08/13/2007 - Fingerprint Done.

So, just came back from fingerprinting. Took total 10 minutes + about 45 minutes of wait. It is pretty straightforward, I filled up a one page form (AIW) and went to the reception desk where they asked me for the form, notice for fingerprinting that I had received and some identification. I had my driver's license. The only other thing they asked was some proof to confirm my social security number that I had mentioned on the form. I had my card with me so that worked. They gave me a token, and when my number was caleld I went in, and they took my finger prints. Thats it. So, my only note would be to take some Social security proof if you have a social security number.[/QUOTE


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Hey AmitD,

Nice to see your timeline, my DO is Cleveland too. Looks like they are on time... I had my FP today and everything just went as you stated.
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case status online

Guys,

Pls help, I still cannot access my case status online, the receipt numbers does not show up in their system. Is anybody else having similar problems?

mick123
 
Trinigirl, i think day 32 is almost correct, for your satisfaction, it might be +/-2 days. :))

Neways, i think everyone here is having appt arnd same time, within 30-40 days of application. You should be having yours soon, All the Best.....

Mick123
 
I understand the day 32, but saying biometrics cleared and saying diometrics done or completed is two different things. I was just confused, that's why I ask how come is cleard so fast.
 
Oops, sorry about the confusion...... You can see my updated signature now.... Thanks for noticing that :)
 
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