My personal opinion is that sometimes they know they can't deny your application but they might try to make you give up. This is somehow just my theory and It might be total BS but similar things happened to my father in law. He was applying under different conditions but his Visa Number was approved and when he showed up to adjust status they said they lost his paperwork. However, when he applied through marriage with USC at the interview they had every single sheet he's ever sent. Just hang in there your GC will be approve I think. I know it is frustrating, we are all on the same boat. I was waiting for 3 years to meet conditions so I can apply. I hope everything with the prices goes fine now when I'm there. GOOD luck. I hope you get your GC soon.
Law Offices of Rajiv S. Khanna, P.C.
post-Interview concerns...
- Thread starter musze008
- Start date
Jackolantern
Registered Users (C)
That's some crazy logic. The pending I-485 would have allowed you to get the EAD to work legally sooner, enabling you to more than earn back the cost of the I-485. And because you were out of status, if you were caught in the months before you filed the I-485 you could have ended up in immigration court fighting deportation, which is a lot more expensive and stressful.
Your I-130 took 5 months, which isn't particularly long. But your I-485 is pending for 11 months and that is very long for a case based on marriage to USC. However for right now, the I-485 delay is to your advantage, as the delay could mean you directly get the 10-year card and don't have to worry about the I-751 process later on.
After your 2-year anniversary if it still is pending, start taking action with Infopass and your Senator and the Ombudsman to get your case moving again, and if it isn't approved by summer you should prepare to file WOM.
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I don't think USCIS is doing favors to anyone. Plus everyone would prefer to get their GC earlier even if this means that they have to go through I751 process. I also think that the look at the priority date when they decide whether to give you 10 year or 2 year GC. However I'm not sure about this.
Jackolantern
Registered Users (C)
They're not. His I-485 delay is because of USCIS incompetence, not because they want him to get the 10 year card. It just happens that right now the delay could work out to his advantage.
That's not true for everybody. Some people who have already been married for over a year will deliberately delay the GC filing until they're close to or beyond the 2-year mark, in order to be qualified for the 10-year card.
No, they're supposed to look at the date of adjudication.
one more thing
does anyone know why the interviewer would take my I-94 from my passport? is this normal? she made a copy of my passport and then ripped out the i-94 and kept it. i assume its normal, but i just want to ask if anyone knows why they do that. again, this was on the interview date.
does anyone know why the interviewer would take my I-94 from my passport? is this normal? she made a copy of my passport and then ripped out the i-94 and kept it. i assume its normal, but i just want to ask if anyone knows why they do that. again, this was on the interview date.
Jackolantern
Registered Users (C)
Taking away the I-94 is normal when they're going to approve your case soon after the interview. It's not normal for them to take it and then have you waiting for months. I hope you kept a copy of it.
ananga73
Registered Users (C)
Unfortunately NO, you will be very very unlikely to receive back anything that USCIS took from you. You may have to request a replacement. They might waive the fee if you are able to convince them its their fault.
Lets hope you go green and don't need it.
Lets hope you go green and don't need it.
I know you said that you where out of status when you did AOS. Did you file the following forms when you submitted your I-485 packet:
I-566 Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status
I-508 Waiver of Rights, Privileges, Exemptions and Immunities (Under Section 247(b) of the INA) (or I-508F if you are French citizen)
The reason that I am asking, is maybe in their system it said that you where still on an A-2 status since the State Department never updated them, and according to the instructions for the I-485, if you are on an A, G, or NATO you can not file unless you filed the I-566 and I-508 (or I-508F) with the I-485.
My wife's non-immigrant status when she applied for AOS was active on a G-4 (Employee of an International Organization). When I was reviewing the forms before filling them out, I noticed the instructions about the I-566 and I-508. So, when I pulled the I-566 and it asked for a Department of State Personal Identification Number (PID). I asked my wife if she had a PID and she didn't know, so she asked the visa office at her organization. They informed her at the time she originally started they weren't applying for PID for employees at her level. However, I called USCIS and asked about filling the forms with no PID and they replied that it is necessary and it would be rejected without it. So, my wife contacted her visa office who informed her it would take up to six weeks to get the number from DOS.
When we went to our interview, the officer looked at some cheat sheet that she had posted and said, "Since you are on a G-4 visa you need an I-508 and I-566 which I already saw in the file." Sounded like according to her comment and what I was told by an USCIS call center agent, they couldn't make a decision on the I-485 if the I-566 and I-508 where missing.
However, if this is the case that you are missing these two forms you would think USCIS would of spotted it earlier and sent you an RFE.
I-566 Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status
I-508 Waiver of Rights, Privileges, Exemptions and Immunities (Under Section 247(b) of the INA) (or I-508F if you are French citizen)
The reason that I am asking, is maybe in their system it said that you where still on an A-2 status since the State Department never updated them, and according to the instructions for the I-485, if you are on an A, G, or NATO you can not file unless you filed the I-566 and I-508 (or I-508F) with the I-485.
My wife's non-immigrant status when she applied for AOS was active on a G-4 (Employee of an International Organization). When I was reviewing the forms before filling them out, I noticed the instructions about the I-566 and I-508. So, when I pulled the I-566 and it asked for a Department of State Personal Identification Number (PID). I asked my wife if she had a PID and she didn't know, so she asked the visa office at her organization. They informed her at the time she originally started they weren't applying for PID for employees at her level. However, I called USCIS and asked about filling the forms with no PID and they replied that it is necessary and it would be rejected without it. So, my wife contacted her visa office who informed her it would take up to six weeks to get the number from DOS.
When we went to our interview, the officer looked at some cheat sheet that she had posted and said, "Since you are on a G-4 visa you need an I-508 and I-566 which I already saw in the file." Sounded like according to her comment and what I was told by an USCIS call center agent, they couldn't make a decision on the I-485 if the I-566 and I-508 where missing.
However, if this is the case that you are missing these two forms you would think USCIS would of spotted it earlier and sent you an RFE.
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BetterWorld
Registered Users (C)
out of status
What you answered where it ask about your status in the forms?
What one should answer where it ask about your current status specially where one was entered legally, was in status but just few weeks before filing went out of status?
What you answered where it ask about your status in the forms?
What one should answer where it ask about your current status specially where one was entered legally, was in status but just few weeks before filing went out of status?
Jackolantern
Registered Users (C)
Write "out of status" or [status type] overstay, e.g. B1/B2 overstay
Note that if you're filing for a family-based green card other than immediate relative of USC, you're not eligible for adjustment of status if you're out of status at the time of filing. And if you entered with a visa waiver and overstayed, your AOS will very likely be denied even if you're filing as immediate relative of USC.
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When I was filling out my paperwork my lawyer instructed me to write what ever it is in my I-94 which is Student F1 D/S. My last I 20 was due september 26 which means that I have 60 days to either leave the country or sign up for another program in the school before November 26th. I applied for green card on December 11th. So i'm not sure was I out of status. Probably but I still wrote down F1 D/S.
i filled out the I-566/I-508 at the interview. my interviewer had asked me to fill it out, so after the interview was over she had me fill it out. there was one item that i did not know (i think it was the PID number for my dad who was A-2 primary holder) so i had to actually contact my dad the next day, and return to the interview to hand in the paperwork containing the 566/508 (i cant remember which of the two i brought back the next day, one was filled out day of interview)
the next day after intereview i just went back to the interviewer, handed her the paperwork and that was pretty much it. she just smiled and said thank you and that was pretty much it.
so in short, the i-566/i-508 was completed at interview.
the next day after intereview i just went back to the interviewer, handed her the paperwork and that was pretty much it. she just smiled and said thank you and that was pretty much it.
so in short, the i-566/i-508 was completed at interview.
Do everybody have to fill these forms out? I didn't fill these two forms.
Jackolantern
Registered Users (C)
No, those forms (I-566/I-508) are only for people with certain diplomatic-related types of status. Such status generally includes some form of exemption or immunity from US taxation and/or prosecution, so they must sign those forms to waive those immunities in order to get a green card.
BetterWorld
Registered Users (C)
What to put ?
My friend was on H1B. His previous H1B was cancelled, and the current one is approved until oct 2012 but its' without I-94 and he was advised to go out of country to get it stamped. Approval says that he was out of status.
@Jackolantern and all
What is your suggestion...What should he put in response to "Current Status"?
My friend was on H1B. His previous H1B was cancelled, and the current one is approved until oct 2012 but its' without I-94 and he was advised to go out of country to get it stamped. Approval says that he was out of status.
@Jackolantern and all
What is your suggestion...What should he put in response to "Current Status"?
Jackolantern
Registered Users (C)
Did he leave the US, get the H1B stamped in his passport, and then returned with the H1B visa? If yes, his current status would be H1B.
Jackolantern
Registered Users (C)
It's not exactly correct, but don't worry about it. F-1 D/S doesn't have a definitive expiration date; you're not going to get in trouble for it and if you're married to a USC it won't affect your eligibility. If the interviewer brings it up just explain your situation at the interview. Most likely they'll just ask when you finished school, or they'll look it up in SEVIS, and make the correction as necessary when they realize you were out of status at the time of I-485 filing.
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