September AOS filers

[enno4eva 0]

Hello Folks,

I'm happy to say I'm a September 2008 Filer!! However, my road here has been met with much difficulty. Let me begin by telling you how I was put into Removal Proceedings:

First of all, I was ignorant of immigration law when I married my beautiful bride from Canada. After dating for two years with her going back and forth from Canada, we both went to Canada to tell her parents of our engagement. Well, after getting somewhat of a blessing, we returned back to the U.S. Remember, I was totally IGNORANT of immigration law. Hey, I grew up thinking if you marry an American Citizen all is good on the Western Front. So, we were stopped in the ticket line and taken into separate rooms where we were questioned about our return to the U.S. I guess we passed by showing our engagement rings and all of that stuff because they let us go b stamping our boarding passes. No dates or classifications...just a red inked stamp with U.S. Immigration, etc. Ok...no worries right? Wrong. Had we been given a classification we would've been informed and acted appropriately.

Well we returned home to LA and about a week later realized we were pregnant. No big wedding now...time to get married and we did that following weekend. I know, I know...why didn't we file the I130, I485 and all of that stuff? I didn't know. However, when I went to file taxes, that's when I was informed we needed my wife's SSN where we were told we need more than just our marriage certificate. No...they did not say anything about Green Cards. So we got an ETIN. Out of sight out of mind. We got SSNs for both of our daughters when we were turned down again for my wife. One of the officials angrily told me to get my wife a green card. He told me how and I applied that day.

We were approved for the I130 exactly 6 months later. We applied for the FD-258, I485, and I765. Everything went smoothly and we got her EAD. Well...we moved for me to attend graduate school and that is where the BS started!! The printed notice emphatically states to not contact INS about the case for 18 months. However, we had to send a change of address to the LA local office. I know...today, everything is on the internet and you file the AR-11 for a change of address. Back then, 2002, things were much different and archaic. So, nothing. No response, receipt, NOTHING. A year later, my wife got a job on the campus but was turned away because the EAD expired. That's when we called INS and said, "By the way, we never got an interview or anything. What's going on with our case?" INS: "What case? What is your receipt number?" I said, "We don't have a receipt number. We just have this grocery store looking receipt that says OFFICIAL DOCUMENT with the three application numbers, their amounts and the amount we paid." INS: "Sorry, we can't help you. You filed at the local center. We don't do that anymore. You need that receipt number for us to help you. You're going to have wait."

We hired an attorney to find the case and all they received was, "Your case is pending and to wait." We went to the SF center...same thing...wait! We were advised to refile where we had the filing fees but not the attorney fees. Finally, we refiled and NOTHING!!!!!!! Then my wife needed to go back to Canada to see her father who suffered 4 mini strokes in a week. We called USCIS and they finally found our receipt number for an I181: Creation of Record of Legal Permanant Residence. The IO said, my wife is not eligible for an I131 because she is an IR6. We need to get the missing I89 done and get the green card. She continued to tell me that has been the hold up. There are two supervisory holds for a missing I89. She then told us to print the I181 notice from the internet and they should suffice for CBP. Then when my wife returns to get the I89 done and get the green card. WAY WRONG ADVICE!!

My wife was held at the Canadian POE upon her return to the U.S. for 2 1/2 hours and was given a Deferred Inspection. We subsequently got the following notice:

Make an appointment with your local USCIS office to submit photographs and have a

fingerprint taken. We need this information to create your permanent resident card.

To make an appointment you will need to go to our website and schedule an

appointment using INFOPASS. You can access INFOPASS online at

http://infopass.uscis.gov.

Good news right? Our violation was no green card. We're about to get one and show up to the DFE with the stamp. WRONG AGAIN! The IO made us wait for 3 1/2 hours and told us, "You have to go to the DFE first!!" Every argument we had fell on deaf ears. So, we arrived at the DFE and before we could get comfortable in our chairs, the CBPO said, "Your file was rejected in 2003 for no proof of payment." We quickly showed our grocery store receipt and cancelled checks and she smiled and said, "Great, now you can see the judge." I said, "For what? I just showed you our proof of payment." She said, "I know. But it's not in our system. So, tell the judge. Hey, you hav nothing to worry about. You're an American citizen with three daughters. They're not going to deport your wife." Then I read the notice she had us sign and I responded, "Excuse me but this notice says we're in removal proceedings." She said, "Yes, you have to see the judge." Oh yeah, please read the following with much sarcasm...our lawyer was sitting right there. NOT...A...SINGLE...WORD...FROM...HIM!!!!! That was our second attorney.

After much frustration, quotes of $15K or more to represent us. I took things into my own hands and read, researched, called and got the case terminated. I was pleasantly surprised to see my Motion to Terminate Proceedings GRANTED by the Immigration Judge! But in a funny/twisted kind of way, I'm disappointed to have to go back to USCIS to get our green card done. I would have preferred the judge to order my wife LPR and be done with it. Instead, we're going back to the agency that has erroneously delayed our case for 6 + years. Yes, 6 years of "we're actively processing your case." No "to dos," "be heres," or "pay this," NOTHING but wait!

On the other hand, it was nice doing the research and dealing with the ICE attorneys. I know we should have a lawyer, but we don't have $15K while we're in grad school. So, economics in my family sucks. Nevertheless, my passion to get this case resolved has helped a lot. After sitting in on some Master Calendar Hearings and the like, it seems like a flip of the coin to see who you'll get as a judge in terms of him/her being open minded or not. I also witnessed some really irresponsible/not giving a ####### about their clients private attorneys. So the process has bad apples on each side.

Nevertheless, INS granted the IR6 but because we did not get the green card and my wife left the country w/out it or the advanced parole, we have to start all over again!!!!!!

So, now the process of dealing with the infamous pending I485 continues. So, we filed again in September and now I'm a part of your family!

So, we did our fingerprints yesterday and received our I131 three weeks ago. An adjudicator has our case. So let's see what happens from here.

Take Care...

Edited November 27, 2008 by enno4eva

[j.kevs 0]

enno4eva its really a long process for you but im glad its doing well now! all we can do is wait and pray that this time everything will turn out ok...VJ is always here for anything you wanna ask so many here knows so many things about the processes and they are always here to help. we are with you in this journey! God bless and Goodluck...we are praying for you!

HAPPY THANKSGIVING EVERYONE!

[envy_me 18]

@enno4eva..

im sorry abt what happened to you and your wife..

like i always say to others..

"yeah it sucks to feel like these people are holding your life"..

like u can't do anything but to follow them and wait..

if they screwed up.. oh well sorry.. come again..

and it's so hard to approach them and ask for some help..

anyways, good luck to us all..

[envy_me 18]

.

USERNAME...........SENT...RECVD..NOA/s..BIOM...VSA..RFE..EAD...INTERVW..APPROVAL
Mohgli.............08/29..09/03..09/12..10/01..K3.......11/22...01/29..
Jimmy and Angela...08/30.........09/03..09/25..K3.......11/24..
VSfansfans.........08/31..09/02..09/08..10/03..F1...............12/11..
alexpapa...........09/02..09/03..09/12..09/20..L1..............
darbyoshea.........09/02..09/04..09/04..09/30..K1.......11/03..
FaSa2008...........09/02..09/05..09/09..09/30..K1..............
Tena...............09/02..09/04..09/12..09/15..F1..............
carlosg............09/02.........09/10..10/02..K1..............
rupa...............09/03.........09/08..09/30..K1..............
satoru.............09/03..09/11..09/15..09/30..................
snakenskull........09/03..09/05..09/12..09/26...........11/20..
Ricca711...........09/03..09/04..09/08..09/25..K1.......11/22..
Tea and Honey......09/04.........09/10..10/06..K1.......11/24...12/09..
Dr_Evo.............09/04..09/11..09/15..10/07..H1B.............
FromJapan..........09/04................10/06..F1.......11/24...12/09..
FaustineJason......09/05..09/08..09/16..11/20..K1...............11/20......P....
b_weeks............09/05.........09/16..09/29..K1..............
Patrick and eL.....09/05..09/11..09/18..10/04..K3....*.........
beazalbob69........09/05.........09/11..10/24..K1..............
EmilyT.............09/06..09/08..09/11..10/01..K1....*.........
carcar.............09/06.........09/08..10/01..F1....*.........
charramal..........09/06.........09/15..09/29..K1..............
Annie & Tim........09/06.........09/12..10/15..K3...............12/09..
anxiouslywaiting...09/07.........09/10..10/01..K1..............
rwerber............09/08..09/10..09/16..10/03..K1..............
BabyBlueSusie......09/08..09/10..09/18..10/01..K1..............
karvy02............09/08.........09/15..10/08..K1..............
Stardust72.........09/09..09/10..09/16..10/10..K1....*.........
hiraku.............09/09..09/11..09/15..10/04..F1..............
Tim and Glyn.......09/09..09/11..09/15..10/08..K1..............
Awakening_1........09/10..09/12..10/01..10/29..K1....*.........
slapointe..........09/10..09/12..09/16..09/30..O1..............
ANJING.............09/10.........09/22..10/10..K1..............
Aaralyn............09/10..09/12..09/16..10/09..K1..............
gray...............09/10.........09/12..10/07..K1....*.........
Norman and Dijani..09/11..09/13..09/22..10/14..K1..............
savethispatient....09/11.........09/15..10/10..L1B...*..........12/10..
Maeve..............09/12..09/13..09/20..10/14..K1....*.........
Beautiful_years....09/12..09/15..09/23..10/15..K1..............
cutie_fishball.....09/13..09/15..09/18..10/15..H1B.............
enno4eva...........09/13..09/15..09/18..11/26..................
chrismatt84........09/15..09/16..09/23..10/15..F1..............
cejf...............09/15..09/19..09/19..10/14..K1..............
malianqueen........09/15..09/16..09/24..10/15..F1....*.........
LGU@JP.............09/15..09/16..09/24..10/16..K1....*.........
Slightly Bonkers...09/15.........09/22..10/17..K1..............
jlogajan...........09/16..09/18..09/25..10/16..K1..............
Mark&Jo............09/17.........09/28..10/16..K1..............
Precious...........09/17..09/18..09/22..10/16..K1....*.........
Madhuandnatalia....09/17.........09/25.........K1..............
EmilyandEric.......09/17..09/19..09/23..10/18..F1..............
Nao................09/18..09/22..09/26..10/16..K1..............
time1300...........09/18..09/19..10/03..10/17..................
THAWAI.............09/18.........09/22..10/15..K3..............
Enhjørningen.......09/18.........09/26..10/22........*.........
Saffyre............09/19.........09/29..10/17..K1..............
chabo..............09/19..09/22..09/25..10/17..K3...............01/13..
Dutti..............09/19.........09/25..10/22..K1....*.........
dAlip..............09/19..09/23..09/30..10/21..K3..............
Iulia..............09/19..09/21..09/25..10/17..F1..............
michellemilitza....09/20..09/22..09/30..10/21..K1....*.........
AlHayatzween.......09/20..09/22..09/25..10/18..K1..............
gladys.............09/21.........09/24..10/17..K1....*.........
psiprez............09/22..09/25..09/29..10/16..K1..............
jerzboi............09/22.........09/30..10/23..K1..............
debbylyn...........09/23..09/25..09/29..10/21..K1..............
Jamie76............09/23.........10/03..10/16..K1..............
Nagishkaw..........09/23..09/24..10/06..10/23..K1..............
mamada.............09/23..10/02..10/07.........K1..............
angelike31.........09/23.........09/30..10/17..F1..............
Nani...............09/24..09/29..10/02..10/28..K1....*.........
Adriana Watson.....09/25.........09/30..10/18..K1...**.........
~Laura and Nick~...09/26..09/29..10/06..10/31..K1....*.........
LynnandAhmed.......09/26..09/28..10/06..10/25..K1..............
nazman.............09/26.........10/07..10/25..K1..............
Gel................09/26..09/30..10/06..10/29..K1..............
BH45...............09/27..09/29..10/04..10/28..K1....*.........
vicmo..............09/27..09/28..10/03..10/25..H1..............
justagirl24........09/27..09/29..10/06..10/25..F1..............
gazarama...........09/27..09/30..10/07..11/04..................
aomary.............09/27..10/02..10/06.........................
envy_me............09/29..09/30..10/06..10/25..K1..............
blukiss24..........09/29..09/30..10/07..10/28..K1..............
mellowgeorge.......09/29..10/02..10/09.........F1..............
j.kevs.............09/29..10/01..10/09..11/05..K1..............
lucie&damon........09/30..10/03..10/07..10/29..K1..............




- case at CSC..
- case at MSC/NBC..
- case at local office..
- P = pending AOS approval..
- last update : Enhjørningen, enno4eva..



---------------------------------------------
good luck everyone!
---------------------------------------------






. Edited November 28, 2008 by envy_me

[Nagishkaw 510]

Envy, again I will say.....You do such a great job and I so much appreciate all your hard work .

[envy_me 18]

Envy, again I will say.....You do such a great job and I so much appreciate all your hard work .

thanks nagishkaw.. :blush:

.

Edited November 28, 2008 by envy_me

[AlHayatZween 2]

Congrats everyone on their EAD's & AP's! :dance:

That's a great Thanksgiving!

For us, we are still...

[lucie&damon 0]

Welcome Enno4eva!

I'm sorry about what happened to you guys! I hope this time will be the good one, and you'll finally get everything within few monts!

[satoru 1]

Hello.

I have a quick question. I got my AP approved recently and finally got the papers mailed to me (woo hoo). There were 2 odd things though:

1) they sent me 2 copies of the AP document. Maybe this is normal, but it seemed odd.

2) There's a big box for "National Benefits Center Parole Stamp" but it wasn't stamped on either document. Is this normal?

[envy_me 18]

Hello.

I have a quick question. I got my AP approved recently and finally got the papers mailed to me (woo hoo). There were 2 odd things though:

1) they sent me 2 copies of the AP document. Maybe this is normal, but it seemed odd.

2) There's a big box for "National Benefits Center Parole Stamp" but it wasn't stamped on either document. Is this normal?

yeah ive read the they really send 2 copies of AP..

cos one for u and one for the immigration officer when u get back..

i dunno abt the 2nd question..

.

Edited November 28, 2008 by envy_me

[Maeve 2]

Our AP was touched today!! The message hasn't changed, though, and the AOS and EAD weren't touched...

Hopefully this means good news??

[Maeve 2]

Just got an email from CRIS saying that our AP was approved!!!!!

Haven't heard about the EAD yet, tho...weird since we filed for that before the AP. But this must mean that the EAD should be close behind!!!! Yeah!!!!

btw...it only said that the approval notice was sent...Does that mean they're sending the card too? We were hoping to go to Montreal for New Years' but it'd suck to make travel plans and then not have the actual AP card in time...Does anyone know if it's possibile to get a temp card just in case?

[~Laura and Nick~ 5]

Congrats Maeve!!!!

I think they approve it then it will change to production of card or something....

Great news!!!

[Aaralyn 0]

Congrats on all the approvals!!! Wonderful news!!!!!

Maeve, I'm sure your EAD will be right behind.

Seems like they're really moving now.. good luck to you guys who are still waiting. Hopefully we'll see a lot more dancing next week!

[Maeve 2]

Congrats Maeve!!!!

I think they approve it then it will change to production of card or something....

Great news!!!

Thanks, Laura!

I hope so, anyway!

Congrats on all the approvals!!! Wonderful news!!!!!

Maeve, I'm sure your EAD will be right behind.

Seems like they're really moving now.. good luck to you guys who are still waiting. Hopefully we'll see a lot more dancing next week!

Thanks!

It seems like they really cranked out a ton of approvals before Thanksgiving - not that any of us are complaining, I'm sure