Jump to content

42 posts in this topic

Recommended Posts

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted
Thank you for answer.....

My I-94 have the stamp, I enter in USA like a visitor.....I came once in USA, before I came back and get married.

Couple months after my I-94 expire, I got marriage, and I'm marriage for about 1 year and half.

I think maybe is mising some document and they gonna ask me later, Im not sure.

I didint make the finger prints step yet. But I already send the medical exames.

What you think is happeningg??

thanks again.

The overstay may be why they denied your AOS. Technically, according the the 485 instructions, you can't change your status if your period of authorized stay expires, which you indicated did.

You really need to contact the USCIS to find out why, and if you can provide more info. Your time is limited, so act promptly!

Good luck!

I dnt think overstay can be the cause. Many a people has been approved after long overstays.I-485 has been denied that means its due to some document which proves that he is not eligible to adjust. the OP says he has the stamp on I-94. I wanted the clarification if its the "No AOS/EOS/COS" ... that means he cannot adjust. A bar put in my the POE officer . Waiting for the OP to answer.

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

  • Replies 41
  • Created
  • Last Reply

Top Posters In This Topic

Posted

That's why I said "May be" ;)

The OP really needs to contact USCIS to find out the cause. :secret:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
I'm confused.

Nutshell,

OP came here as a visitor. Overstayed the I-94, became married, submitted I-130/I-485.

Received letter from USCIS stating I-130 approved, I-485 not approved. (no apparent reason given)

USCIS is sending 130 to embassy of the home country to continue visa process,

OP needs to contact USCIS to see if they can provide more info to keep that from happening.

:thumbs:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

Of course he needs to contact USCIS immediately. :secret: I was trying to make him reply whether the back of his I-94 has the stamp "NO AOS/EOS/COS" because in that all readers can be aware of any such case in future. If he has that stamp then he cannot adjust here. Its a legal bar created by the POE officer as he was not satisfied by his reply when he came to usa, whether or not he wd return.

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

Filed: IR-1/CR-1 Visa Country: Nepal
Timeline
Posted

overstaying any type of visa and later marrying a USC nullifies the overstay during AOS, IF and Only IF, the person entered after Inspection at the POE. IF that was not the case, then again AOS cannot be done from here. It has to be done in the foreign conutry and that is when the 3 yrs and 10 yrs bar trigger. This is one of the way to get the " overstayers without Inspection at POE " Must go through. By just overstatying would not and does not stop one from AOS within the US, if the person is married to a USC.

but again stamp on the back of I-94 is also a valid argument.

NOA1 recieved NOV 8, 2008

Approval: approval email "Approval Notice Sent on July 6." Hard copy recieved on July 11

NVC:

NVC Case Number Assigned- July 16th, 2009

DS-3032/AOS Generated- July 21st, 2009

DS-3032 - Emailed today7/22/09, got auto response

Recieved AOS fee bill and original DS-3032 in mail and AOS Paid- 7/24/09

AOS Bill Shows as PAID -7/25/09

printed coversheets for AOS- 7/25/09

I-864 Package Generated - no need/online payment

Mailed I-864 Package and DS-3032- Expressed mailed USPS 7/27/09

I-864 Package Received at NVC - 7/28/09, at 11:22 AM

DS-3032 accepted and IV bill generated - 7/29/09

Paid IV Bill -7/29/09, at 8:40 AM EDT

IV Bill Show as PAID - 7/30/29. printed the Reciepts . mailing civil docs ( AVR says Waiting for Biographic documents from the petitioner )

Mailed (DS-230) IV Package - 7/31/09

NVC Rcieved IV package: Aug 4, 2009

RFE email recieved ( AOS) : Aug 7, on child case . Need I-864w not I-864 ( those applying for children be warned)

Fedexed I 864w : 08/07/09 with the bar coded page

RFE recieved by NVC: 08/10/09

Called NVC and confirmed not in AP: Aug 24

CASE COMPLETE- Aug 26/ 2009

Interview email recieved : Sept 2, Interview date is Oct 14

Medical completed: Sep 7, all negative. Sealed report on Oct 8.

VISA approved , 23 Oct

passport picked up , 26 Oct

POE and US Entered, 31 Oct.

Filed: Other Country: Brazil
Timeline
Posted

Im sorry Bobby you dont know what you talking about, but thanks for trying to help me.

I dont have the stamp at the back of my I-94, only in front have the stamp (stamp gave me the period for stay in USA like a visitor)

Everyone I have talk do the finger prints, and after the finger prints go to the interview. But I didint make the finger prints yet, they didint ask me so far.

I have send my biometrics exames already.

Ok before I reply let me clarify this once again. You are saying that at the back of your I-94 there is a stamp that says "No AOS/EOS/COS" ... Right ?? Answer this and then I can understand whats going on ...

And what do you mean by " didint make the finger prints step yet. But I already send the medical exames." You didnt have any biometrics yet ?

Posted (edited)
Im sorry Bobby you dont know what you talking about, but thanks for trying to help me.

I dont have the stamp at the back of my I-94, only in front have the stamp (stamp gave me the period for stay in USA like a visitor)

Everyone I have talk do the finger prints, and after the finger prints go to the interview. But I didint make the finger prints yet, they didint ask me so far.

I have send my biometrics exames already.

Ok before I reply let me clarify this once again. You are saying that at the back of your I-94 there is a stamp that says "No AOS/EOS/COS" ... Right ?? Answer this and then I can understand whats going on ...

And what do you mean by " didint make the finger prints step yet. But I already send the medical exames." You didnt have any biometrics yet ?

That is rude of you to say :blink:

Could only go with what you posted about, I did say in almost every post I made, contact USCIS.

Have you contacted USCIS yet, or just talked to random people on the internet?

:thumbs:

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Other Country: Brazil
Timeline
Posted

you sad for Im come back to my country and wait the process over there, thats not right.......for sure is not right!!!

Im sorry Bobby you dont know what you talking about, but thanks for trying to help me.

I dont have the stamp at the back of my I-94, only in front have the stamp (stamp gave me the period for stay in USA like a visitor)

Everyone I have talk do the finger prints, and after the finger prints go to the interview. But I didint make the finger prints yet, they didint ask me so far.

I have send my biometrics exames already.

Ok before I reply let me clarify this once again. You are saying that at the back of your I-94 there is a stamp that says "No AOS/EOS/COS" ... Right ?? Answer this and then I can understand whats going on ...

And what do you mean by " didint make the finger prints step yet. But I already send the medical exames." You didnt have any biometrics yet ?

That is rude of you to say :blink:

Could only go with what you posted about, I did say in almost every post I made, contact USCIS.

:thumbs:

Posted (edited)

Ok, last time.

Read you NOA again. Carefully.

It says the person is not eligible for adjustment of status. USCIS has sent your petition to the NVC. They will then send it to you country that will complete the process.

No where does it state you are missing your fingerprints, nor does it say they are waiting for them to give you an interview.

So, again, Contact USCIS and find out why you are not eligible for AOS. I gave you some reasons, based on what you posted, I can do no more for you.

Good Luck.

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted (edited)

PLEASE contact uscis and find out. Bobby is telling from from what u have written. So you have entered after inspection ( as you have a I-94) . Plus you dnt have a stamp at the back. BUt it says you are not eligible to apply with the I-485. I dnt think overstay and then marrying can be the cause of deny. As Bahadur said its true that its excused after u marry an USC so long its a valid marriage and you have entered usa after proper inspection by a POE officer. Tell me something : How long after ur entry did u get married. Most probably u got a 3 months visa at the POE.Is it within 60 days u got married or is it 90 days u got married ? Or is it that u got married after ur I-94 expired ?

And what exactly you mean by saying "But I didint make the finger prints yet, they didint ask me so far. I have send my biometrics exames already." Have you got your Biometrics done or not?

Let us know.BUt at all cost call USCIS immediately.

Edited by christera22

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

Filed: Timeline
Posted
so this dont make any sense, I need to come back to my country to finish the process over there??? Im not sure about that....

LOL You were considered illegal when you got married and you think you can just stay and get your green card???

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted
so this dont make any sense, I need to come back to my country to finish the process over there??? Im not sure about that....

LOL You were considered illegal when you got married and you think you can just stay and get your green card???

NobleTime Pls dnt challange & criticize people here. I dnt think Visajourney is a forum for that.All we need to know is correct facts that wd help him and keep that information here so that it can be useful for people in future.

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

Filed: Other Country: Brazil
Timeline
Posted

thank you christera22.

My visa was for 6 motnhs and I got marriage about 8 months after my I-94 got expire and is a valid marriage.

I know a lot of people got marriage after I-94 got expire and they have the green card. Because this I think somenthing is wrong.

And yes I have done my biometrics.

Noble time, I was illegal but if you dont know, you still can get marriage.....whats the problem with that?!?!

so this dont make any sense, I need to come back to my country to finish the process over there??? Im not sure about that....

LOL You were considered illegal when you got married and you think you can just stay and get your green card???

NobleTime Pls dnt challange & criticize people here. I dnt think Visajourney is a forum for that.All we need to know is correct facts that wd help him and keep that information here so that it can be useful for people in future.

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

Thanks for the reply. I need to think from the mind of uscis and see whats their problem is .

Did you know your wife before you came here or did you meet her here ?

Did you meet your wife anytime after the I-94 expiery ?

Can you fill up some timeline from the time you came here till now... it wd help us to forecast anything.

Denial of I-485 and based on their language that you are ineligible to adjust looks like its based on some thumb rule they are talking about thats not meeting with your case. Do call USCIS immediately and ask them the real cause and let us know. Dnt neglect this. Thanks

AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...