not sure if i have to do all the paper work again

[dash134]

Hi everyone

I know i have a problem but am not sure how big it is and how to fixing it.
Am married to a US citizen and me and my wife put in all of my paper work except
my (I-693) medical examination of aliens adjustment of status and (I-864) affidavit of support
around the end of sept 2005.The reason we didn't put in the affidavit of support
was because i met her when she was still in college and wasn't working and she wasn't
filing taxes. She was a dependent under her father and i was hoping that one my
in-laws would be my co sponsor for my affidavit of support and my sister in-law
said that she would be my co sponsor, but my in-laws are a difficult bunch of
people to deal with. so as a result i got the request for additional evidence
for the 1-485 late Oct. They needed my medical examination of aliens adjustment of
status and affidavit of support and i had 87 days to send it to them,
and after that i got my notice to get my finger prints taken late Nov.
i did do my finger printing for both the (I485) application to register
permanent resident and (I-765) employment authorization application.
Well i was able to get my medical examination sent off but i sent it to the
wrong place and i was suppose to send it with a copy of the request which
i didn't do because i didn't read the request properly. i sent it to Chicago, Illinois but
it was suppose to be sent to Lee's summit , Missouri but i sent it certified and they
didn't send it back to me.
As for my affidavit of support my sister in-law was still giving me the runaround
saying that she didn't have a copy of her 2002 w-2s and it took her like 70 of
the 87 days to get a copy of the w-2s. and after she got that i was told the
other hang up was the fact that she couldn't find her birth certificate.
well u may ask why didn't i get someone else to be my sponsor
and i would say that i think its because am black that
my in-laws wouldn't be my sponsor and then gave me the runaround saying
that she would do it. then to top it off am in a all white rural town so u can
probably imagine that it would be nearly impossible for me to find a co sponsor.
I haven't gotten any other letters from USCIS and i notice the other day
when i was on this forum that if u haven't gotten an approve or denial from
USCIS that u can apply for a interm EAD
http://www.immigrationportal.com/showthread.php?t=165849
and as for my wife's (I-130) Petition for Alien Relative we haven't gotten any
response on that. and i think that the time limit is up on the request for
additional evidence but i haven't got a letter saying that its up and on the
USCIS website they still have the notice up saying that they send a letter
for request of additional evidence.
So my question to all of you reading this today is

what should i do in these scenarios

1)well am sure of this one, i will go to my local USCIS district office and
request an interim EAD. is the only thing needed for that is to get an infopass
form my local USCIS district office and bring proof of identity and any documents
that the USCIS has sent the applicant in regards to the employment authorization
application. but i think i read somewhere that the EAD is tied up with the your
I-485, so if your I-485 is denied then your EAD is not valid anymore even you
haven't reach your expiration date, unless your employer doesn't ask about it.
http://www.immigrationportal.com/showthread.php?t=203115 . I wanted to know if
this is true because i actually would have bin eligible for this from like a
month and a half ago but wasn't as informed as i am now.


2) when it comes to me mistakenly sending my medical examination
of aliens adjustment of status to the wrong place i called the USCIS 1-800 number
and the person i talked to said ultimately she believes that i should get another
sealed copy of it from my doctor and send it to the right place which i agree
with and i will get a copy of but am just trying to figure out did they get it or
not because i sent it certified and i got the received card but didn't send me a
follow up letter saying they received it. and the person said that they are
connected in a way so maybe they put it in their computer systems,
hey it could happen could it?



3) where do you think i stand when it comes to the request for additional evidence.
like i said they haven't given me any other update then the one thats on the site
saying they sent a letter requesting additional evidence do u think i can still
send the two forms they wanted from me because i only had 87 days to send them
and still have a chance of getting my green card. am just asking am i to late to turn
in my stuff to avoid having to pay to refile for my I-485.


4) what should i do when it comes to my wife's (I-130) Petition for Alien Relative
we haven't gotten any response on that from USCIS. and when i get a response and
its an approval what does it mean and how much easier is it on me because of it.



5) whats the easiest way to get a copy of your birth certificate.



6) any other suggestions y'all have for me will be greatly appreciated

 

[cherr1980]

I really don't get why you have to come up with a "race card" when is nothing to do about what you are saying here. Be responsible of your own actions, you even agree that you committed many mistakes since the beginning and has nothing to do if you are black, red or purple.
Is your own fault if you didn't find another sponsor, or that you read incorrectly where to send your RFE and just put "all your eggs in one basket".

First big advice in immigration issues, read over and over again, this forum is very helpful, but remember you can go to USCIS and ask them directly, that will save you a bunch of gray hair

If you thought that your in-laws doesn't like you because you are from another race, then you was loosing your time, why you didn't ask somebody else? Has nothing to do where you live, actually you don't ask strangers to be your co-sponsors right? It's a big responsability plus another person has to give you, their financial information which not all the people are willing to do and is pretty understandable.

So back to your main points and I will put aside your first paragraph that USCIS doesn't care about and as I said has nothing to do with your problems:

1. You must make an INFOPASS to your district office. The INFOPASS is made online and take all your paperwork with you including your RFE. Paperwork include supportive documents, passport, forms that you filed previously. If your wife can go with you will be good. I am not sure about what can happen if you get past due in an RFE but the consequences can be serious. You need to know what is the status of your application right now, don't relay of what your online status says, that doesn't get update frequently and won't tell you if you are denied, closed or what.

2. Since you are marriage based, your I-130 would be adjudicated at the same time of your I-485, there has been a misterious process about it, but right now you have a trouble in your I-485 so I won't put too many emphasis in your I-130. And to ask about the I-130, your wife is the one who must do it, that is her petition to you not yours.

3. The Affidavit of support is pretty clear about who must file the form I-864. It didn't matter if she was not working or with zero income, she anyway must fill out the I-864 and then you need of course a co- sponsor. The Affidavit of support is one of the most important forms that you should file. Remember money, money, money as the song says.

4. In the same way is pretty clear on the instructions of the I-485 to attach the seal envelope of your medical examination. Since you send it to the wrong address I won't relay about what the 800 number said about it. The 800 number is not connected to any of those places. What they can do is to put an inquiry that can take time but you are past due, so send it again to the correct address if you can.

5. Think in advance. Find a co-sponsor and finish the Affidavit of Support, remember your wife must fill one I-864 anyway. And make another I-693 Medical Examination since the one that you sent you have no idea if it's in the right place. At least you will have those documents ready if you still can send them.

6. A birth certificate from who? US citizen or another nationality? If is a US citizen they can write or call the Vital Statistic Office in their area. Another nationality,they can go to their consulates if they offer that type of service or ask somebody in their home country to get one and send it by express mail. To demostrate that a person is a US citizen is not entirely necessary to show the BC I think, they can make a photocopy of their passport, but I am not sure since I don't remember all the supportive documents in all the forms.

7. I don't know what you can do about an iEAD, but you can try I think. At least in their system the RFE should pop-up. You are delay in your EAD because of the RFE. I am the one who said that if your I-485 is denied then your EAD is automatically void, since is link to your I-485. Your EAD is based in a pending application of I-485. In any case you can consult with a lawyer, I am not. And first you are not sure if your I-485 is denied, so look and find it first what is going and what you can do with your application right now. If a case is denied because of lack of supportive documents, then you have to appeal, reopen the case (more money) and give the supportive documents and why you didn't give them in the first place BUT first find out what is going on.

8. This advice is not necessarily about immigration, but your wife must get involve more about your immigration issues. If your marriage is bona fide and you have so many issues about her family, then she must step up for you and get things done. Talk to her and explain her that you can't do this by yourself, is not only you who must get a co-sponsor is her responability too. And if you (both of you) were counting in her family then at least they should be honest and say "hey sorry" and then she must look for somebody else if you don't have many friends in the US that can help you out. Some couples actually don't apply for adjustment of status right away because financially they can't, but they prepare themselves to do so in the future. Some of them are students as well and they wait until they are able to fill out the Affidavit of Support.

Good luck,

 

[ari4u]

1. Recently, interim EAD's were denied as there was a pending RFE on the I-485. So you may or may not be lucky with your iEAD, but you should definitely try after 90 days from your RD. Yes, thats correct, if your I-485 is denied, your EAD is no longer valid.

2. The doctor you went to for your medical test would have a copy of your medical report you sent to USCIS. You can get another copy the same day and mail it to Lee's Summit a soon as you get it.

3. If you dont respond to an RFE within 87 days, it would be considered that you abandoned your GC application and deportation proceedings would be started against you if you dont have a valid legal status (like H1, L1). Dont go by the online case status updates, they are not reliable.

4. Your main focus should be on the RFE for I-485. Being the spouse of a USC, your I-130 would take care of itself.

If you are employed and can meet the minimum income requirement, you can use your income to qualify for the affidavit of support. If you cannot get a joint sponsor, try showing assets and/or cash in your bank account. You would find more details in the instruction for the I-864.

Just curious, what is your current visa status?

 

[dash134]

Please dont take what i have said out of context

Thanks for the advice cherr1980, as u can see i didn't try to hide anything bout where i am and what i did wrong., but i didn't try to play the race card they played it on me. I can understand that when it comes down to people's financial information not many people are not willing to make that commitment , but its different when you call these people family. Maybe in your mind racism doesn't exist but i can tell u that it does. I wasn't trying to make an issue out of it but i guess i opened that door when i put what i did. U can feel when people look at u in a funny way and i didn't say anything bout what they said to me but thats a little to personal to get into. I was only trying to help u understand where i was coming from, but like i said before thanks for the advice and anyone else reading it and willing to help me and give advice, please don't take what i have to say out of context now that i have corrected myself.

 

[dash134]

Sorry for double posting

Sorry for double posting my status is that i came over here on a tourist visa and my time is up on it. i hope thats what u meant when asked what my status is.

 

[Suzy977]

Thanks for the advice cherr1980, as u can see i didn't try to hide anything bout where i am and what i did wrong., but i didn't try to play the race card they played it on me. I can understand that when it comes down to people's financial information not many people are not willing to make that commitment , but its different when you call these people family. Maybe in your mind racism doesn't exist but i can tell u that it does.

I believe, what cherr1980 was trying to say is that we've seen here, in this country, over and over for the past years (and I can speak from my own observations) that people, (like your case for example) who don't get what they want they automatically scream race discrimination...

As you may know, an Affidavit of Support bring some responsibilities and same people may be reluctant to take those responsibilities.

If, for whatever reason, you decide that you don't want to work and support yourself (or you become dissabled) they have to support you and to pay your medical bills.
Do you think that you meet that particular level of trust to convice them to sign their life away for you?

Do you think if you were living in all black neigborhood community (instead of an "all white rural town") will be a lot of people volunteering to sign the Affidavit of Support for you?

This country is great and offers equal opportunities for everybody regardless the color of their skin (Colin Powell, Condoleezza Rice, Clarence Thomas, late Johnnie Cochran, etc. are just a few example) but for some, the "race card" is the easy way out, or worst...the easy way up!

Don't start your way in your new life that way, try to do your best and don't expect anybody to do things for you, and especially when you don't get what you want don't blame it on racism.

 

[cherr1980]

The USCIS doesn't care about race they just want that you follow what they say and give them what they are asking for.

I continue straight in my advice, get your wife involve and get a co-sponsor. Now I have some questions for you:
1. Does your wife is working already or she is still studying?
2. I understand that you can feel frustrated that your in-laws are not willing to cooperate but for how long you have been married to your wife and what your wife told you about what they thought when you both were going to marry?

Not necessary an in-law would help you, as I said your wife should step up, they are her family and since you don't know anybody else over here, right?

As Ari4u told you, the doctor that made the medical examination should have a record and can give you another seal copy of it, contact him as soon as you can.

I don't know where are you coming from, to say that you are black doesn't give me any idea, there are many people who are black from many countries around the world.
There will be always people who look another people funny because of their look, the way they talk, the way they walk and so on. My advice don't pay attention to those people.

My humble opinion about where you live is this: when you met your wife you should known where she lives, in that way you know who is around and if you like the place or not, is like make an assestment of what would be your future if you stay there, right? If you consider that your race is an issue where you live, then talk that with your wife, you both should live in a place where both should feel comfortable. Where you live anyway?

Good luck,