Lets start with Feb Filers

Kirkland said:
Thank you js360! I have tickets for a trip to India in december. I did not apply for AP because I have read in many posts that the fact that I have been out of status could risk my re-entry to the country. Where can I get accurate information on that? I was out of status and stayed out of status for a looooong time before I applied for my AOS. :confused:

P.S. I was hoping to get the G.C. (and not need the AP) faster...
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If you are out of status for over 6 months and leave the US as a non LPR, you get a 3-year bar for reentry. If you are out of status for over 12 months and leave the US as a non-LPR, you get a 10-year bar for reentry.

Neither a green card, nor anything short of a USCIS waiver (difficult to get) can remove these bars.

Just note that these bars trigger upon "leaving the US as a non-LPR". This is the status you would be if you left on AP. You're pretty much stuck, you'll have to wait for LPR status before leaving (eg: possibly cancel your trip) if you want your GC.

It's a standard penalty for overstaying. Marriage is one of the few things that automatically waives it, but not until the GC process is complete.

If you have a personal emergency and can't avoid cancelling your trip, you'll have to apply for the USCIS waiver described above. Cases have been approved based on extreme hardship on the USC not having their spouse(you) present, but it can take years and requires a good lawyer.

Google for the "Immigration and Naturalization Act", and go to section 212(a)(9)(B) for the specific text of the law.

-ML

K1 -> I-485 -> I-751 -> N-400

Filing I-130/I-485 for parent:
DO: Santa Ana / SC: California Service Center

5/13/08 - Parent I-130/I-485/I-765/I-131 mailed to Chicago Lockbox
5/22/08 - checks cashed, receipt numbers from Missouri MSC (NBC)
5/25/08 - Notice dates for all notices
5/29/08 - LUD I-130/I-485/I-765/I-131 (received and pending at NBC)
6/07/08 - Fingerprint appointment letter received
6/12/08 - Fingerprint appointment date
6/12/08 - LUD I-485/I-765 (no change, still received and pending at NBC)
7/29/08 - LUD I-485 - RFE sent out, case on hold
7/30/08 - LUD I-485 (no change, still on hold for RFE)
8/04/08 - RFE received, request for tax return, 87 days to respond
8/05/08 - Sent RFE response to NBC (regular mail)
8/14/08 - LUD I-485 (RFE received, case processing has resumed)
8/15/08 - LUD I-485 (no change, still case processing resumed)
 
Ap

Thanks ml_boston!

You're right: I read the application form for the I-131 and it clearly states that, although I am in a temporary valid status, stepping out of the country triggers the 3-10 years penalty.

It's not an emergency: I just want to see Asia before it becomes just like the West :D
 
Any other links

Hi All, Is there any other link or any other website to track which month filers are receiving IL's for fairfax, DO? Any help is highly appreciated.
 
We just finished up our interview yesterday morning. Here's a brief overview of the experience:

9:20 Arrived at field office for a 10 AM appointment
10:40 Called into IO's office
11:15 Interview completed, sent to waiting room to await copies of some things that were taken from us.

The interview experience was ok overall. We were pretty prepared with regards to the number of documents we had and amount of proof, but the officer wasn't thrilled with the manner in which we had assembled it, so it started off just a bit rought. The questions were as basic as you can get and really consisted of us both knowing our address, knowing each others birthdays, talking about places we've been, how we met, etc. Also, our U.S. marriage was simply a procedure, we plan on having a major, formal wedding ceremony back in her home town since it's hard for all of her family and friends to get visas to come here. We were very upfront with that fact and that we don't wear rings because our ceremonial wedding is still pending and that's when all that stuff will happen. IO was satisfied and seemed to understand where we were coming from. IO loosened up towards the last half of the interview once it was pretty clear that we were legit.

We brought the following documents: State and federal tax return, bank statements, photocopy of credit card with same account number, photocopy of joint health insurance card, copy of mortgage statement from our home in LA, copy of our lease for our house in Dallas, 40 photos from over the past couple of years. Out of that group, all the IO took was the fed tax return, 2 most recent bank statements and about 5 photos. The IO made the remark that what we brought was overkill and being saturated with all of it wasn't helpful. We all know that it's better to be safe than sorry, though, so I wouldn't have changed a thing, although maybe I wouldn't have dumped it all on the desk at the same time! Tax return is the big one though, and the IO said as much.
 
Hey akatuva congrats on your interview.Did the io give u a letter of approval or did he stamp your paassport and has your online status changed
 
salig1 said:
Hey akatuva congrats on your interview.Did the io give u a letter of approval or did he stamp your paassport and has your online status changed
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Actually, that is something we are dealing with now. No approval letter or stamp was given, and there has been no status update on the case. My wife needs to head home to catch her dad before he's back out at sea for work (for 12 months!). She hasn't seen him in 3 years and really needs to get back before September 15th in order to make this possible.

When we were at the interview, she only had her expired passport and her new one just came in today. Unfortunately, there are no appointments available at Dallas USCIS right now, so we will either try to walk in or go to Oklahoma City to get a temporary stamp.
 
I suggest to OP not to delete this thread as he did it twice despite of we have put it back. This thread contains efforts/time/energy of many memebers/participants who contributed to provide useful/helpful information. So, there is no need for you to delete it. Let a moderator to decide whether it should be deleted it or not. If there is any useless or offensive postings then any moderator could take care of that, but there is no need to delete the whole thread.
 
akatuva said:
Actually, that is something we are dealing with now. No approval letter or stamp was given, and there has been no status update on the case. My wife needs to head home to catch her dad before he's back out at sea for work (for 12 months!). She hasn't seen him in 3 years and really needs to get back before September 15th in order to make this possible.

When we were at the interview, she only had her expired passport and her new one just came in today. Unfortunately, there are no appointments available at Dallas USCIS right now, so we will either try to walk in or go to Oklahoma City to get a temporary stamp.
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Same thing here.I went for interview on 31st july.Still no update or anything.He just told me i will be receiving a welcome letter.I went without infopass 2wks ago thinking they could stamp my passport.But the guy said i was not approved yet.Guess no update yet
 
Feb08filer - can you help?

ssk1974 said:
Hi All, Is there any other link or any other website to track which month filers are receiving IL's for fairfax, DO? Any help is highly appreciated.
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In general please let me know of other websites, I know there is immihelp.com, anything else to track feb filers or fairfax DO would be of great help.
 
cestlavie104 said:
finally IL came in today!!!!! 10/01 is D day... let me ask you now, do they stamp your passport on the spot same day?
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nope, they didn't stamp my passport. our ID officer told us that unless I am leaving the country before I receive the actuall green card there is no need for the stamp.
 
Well I guess it wouldn't be so bad if I end up being another best case scenario like yourself Sorrayah... getting the green card within 2 weeks after your interview is really ideal. I'm still wondering as to what I could possibly expect the interview to be like. My case is family based. What kind of questions could they possibly ask me? lol
 
cestlavie104 said:
Well I guess it wouldn't be so bad if I end up being another best case scenario like yourself Sorrayah... getting the green card within 2 weeks after your interview is really ideal. I'm still wondering as to what I could possibly expect the interview to be like. My case is family based. What kind of questions could they possibly ask me? lol
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If your marriage is real and you don't have anything to hide, you shouldn't worry at all. Our interview was very easy. The officer asked only questions from forms (names, birthdays, address, date of marriage, parents names, yes and no questions). She also asked us how we met and few questions about our wedding. She also wanted to see photos and some documents like joint bank statements, health insurance...
The whole interview took around 20 mins. I am sure you will do just fine. Good luck Cestlavie!!!!
 
Sorrayah, my petition isn't marriage based... it's family based as a son of a citizen. My mother got her green card through an employment based petition about 7-8 years ago. The case included the whole family, my father (her spouse) and children, my 2 sisters and I.

I aged out by the time she got approved, leaving me the only one in the family not to get the green card then. I had to start all over again. I started a family based petition as an unmarried son over the age of 21 of a permanent resident, which later got upgraded to unmarried son of a citizen when my mother became naturalized.

That's where I stand now... 15 years after coming in the states.... my chance to finally get this green card... and that's why I'm curious as to what they could possibly ask me other than verifying that the eligibility of the financial sponsor.
 
cestlavie104 said:
Sorrayah, my petition isn't marriage based... it's family based as a son of a citizen. My mother got her green card through an employment based petition about 7-8 years ago. The case included the whole family, my father (her spouse) and children, my 2 sisters and I.

I aged out by the time she got approved, leaving me the only one in the family not to get the green card then. I had to start all over again. I started a family based petition as an unmarried son over the age of 21 of a permanent resident, which later got upgraded to unmarried son of a citizen when my mother became naturalized.

That's where I stand now... 15 years after coming in the states.... my chance to finally get this green card... and that's why I'm curious as to what they could possibly ask me other than verifying that the eligibility of the financial sponsor.
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it sucks to age out, we got approved for our green cards through consulate a day before my brother turned 21 so we entered the US that same day. one day later he woulda aged out too.
 
yeah it really was hard to see my sistes and parents live a life I've had to wait another 8 years to come close to living. The I485 was approved 2 weeks after the I140... I forget how the employment based works but if I'm correct, the I140/485 get submitted at same time. One of my sister was nearing her 21st birthday, which I think was the reason why the 485 was approved so quickly... as they make you write with that application that one of the applicants is close to aging out. They all got stamped 3 days before her birthday.
 
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