Been 25 Days Since Biometrics!!

[sasaqlain 24]

I had my biometrics for I-485/I-765 on the 10th of March, 2009. Since then, there has been no activity on my case status online, nor have I received any mail, which seems a bit off the time line, when I look at most of the timelines on VJ. Been more than 75 days since I submitted the AOS application and more than 25 days since my Biometrics? What should I do?

I have another question.

My wife is waiting for my SSN so that we can file jointly for 2008 Taxes. It is clear that we will miss the April 15th Date. Whats the best course of action? I dont want to waste time on getting an ITIN number. Even if I hear from CRIS now regarding my EAD, it will be another month before i am able to get a SSN and then file for taxes jointly as married. What do you suggest? Anybody has any experience?

[payxibka 10,047]

apply for an extention of time to file the tax return (Form 4868)

[sasaqlain 24]

OK....that answers the second question. Is there anything besides waiting for the first part of my question? When can I contact them and ask them if there is any update regarding my EAD/AP/I-485? Is it normal to be delayed this much or not touched online?

[christera22 8]

I see there is a discrepancy in your timeline and your thread date. You said you had biometrics on 10th March,09. But i see your timeline says you had one on 13th March and one on 24th March. Did they say anything why 2nd time ? If i take the 24th as the date , i dnt think any NOA2 shd come before 15-20 days on a average. This speculation is entirely based on my study as I have seen most NOA2 s appear after 15-22 days after biometrics ,when adjusting from B1/B2 or F1 etc visas.

My wife is also waiting for the EAD to come so that we can get the SSN, file taxes jointly and she can get me into several other joint things. As far as i have seen SSN wd get to you in max 1-1.5 weeks after u apply with the EAD. I dnt think we can file together within April 15th. For us extension seems to be the best option. BUt then I am also afraid that if they look for 2008 tax returns then what we will show , in case we file for extension. I am pretty perplexed. ANy ideas any one ??

[alice27 0]

What are you guys waiting before getting your SSN? l don't understand. l got my SSN and have gotten my CA DL way back before we got married.

Thats what the l did during my first month here in CA. l had been driving all over socal and to downton LA. In my case of biometric, l received my NOA for AP/I485/1765 on March 4, had my biometric on March 20th., and until now I'm still waiting for any updates from uscis. l couldn't find my status on their website too so l called em 3 times already

(kulit) and they just keep telling me it's gonna take 90days and l have 2 more months to wait.

So, l see that we're suppose to received NOA2 after biometric? if thats the case, it's been 19days since l had mine.,,

and l haven't gotten any NOA yet,. ok today is Monday so im hoping i'd get it this week.

Oh well,. good luck to each and everyone of us.

HAPPY EASTER!

[christera22 8]

Thanks Alice ........... you are adjusting from K1. K1s get SSN sooner. Ones who are adjusting from B1/B2 wd have to wait for their EAD card and then apply for SSN with that. Yes after biometrics a NOA2 comes which ingenerally says the Interview date, EAD card production ordered ...things like that.

[Jon&Lindsey 0]

We never got any updates online, in fact it still says our applications are pending, despite that I received my GC almost 6 months ago. I wouldn't really stress too much about online updates, if you get them then great, if you don't, it doesn't necessarily mean nothing is happening. They should process your EAD within 90 days so if it's only been 75 since you sent off the application I would just wait a little longer before contacting them. Hope you hear something soon!

[sasaqlain 24]

Jon & Lindsey: Thank you for your encouraging reply. I hope that is the case and the EAD gets approved. Not easy sitting at home doing nothing and waiting for the mailman everyday.

Cristera22: I apologize for the typo error. My Biometrics was indeed on the 13th of March, 2009. The first one. I had one Bio- Appointment on the 13th of March for I-485/I-765 and the Second one for the 24th of March for the same applications due to a computer glitch that generated two appointment letters without any reason. The reason why i appeared for the second one was because, they said they dont cancel any such appointment letters, nor are able to give me in writing that I don't have to show up for the second one. The officer at the ASC(New York) said, either I re-do the Biometrics or dont show up on the 24th. I chose to re-do them since there was no harm in it. Now am not sure which one would be accepted and counted

Seems like you and I are sailing the same boat. Do keep me posted on your case progress please. I'll do the same. Thank you once again.

[Kathryn41 3,205]

NOA2 can sometimes come months after the biometrics appointment. (for example my first biometrics were in August '04. My second biometrics February '06. My NOA2 approval was May '06.) The biometrics are used for a security check and it depends on how long the security check takes before USCIS moves to the next stage of the application process. 25 days is not long at all. Be patient and continue to wait. You should receive your interview appointment after the security checks are done.

[sasaqlain 24]

Kathryn41: Sigh! This is what I fear. There might a delay in the background checks and that can delay the approval/denial unnecessarily. But thank you for sharing your experience with us. Btw, is it advisable to travel on AP? I have a feeling, they might not make it so easy on our way back to the US and don't want to face any immigration officers with a humiliating attitude.

[Kathryn41 3,205]

Regarding using an AP . . . it depends if you have out of status time or not. If you have out of status time in the US that is 180 days or more, then I would say definitely do not use the AP and do not leave the US until you have the green card in hand. USCIS will give the AP, however, if you leave the US and have more than 180 days out of status you will automatically incur a 3 year ban that will be enforced when you try to re-enter the US. If you have a year or more of out of status time in the US, then you will incur a 10 year ban if you try to re-enter the country. In both of those cases, if you do leave the US and incur the ban, you would require a waiver to be allowed back into the US.

If you have less than 180 out of status days you may still be given a hard time by immigration officials at the border, however, you should still be allowed to re-enter the US. If you have no out of status days, then you should have no problems using an AP and can travel out of the US and return. It is a fact that the border guard will have ultimate authority on whether or not to allow you back into the country, but without an obvious 'reason' for denial, you should have no problems.

Hope that helps . . .

[christera22 8]

Regarding using an AP . . . it depends if you have out of status time or not. If you have out of status time in the US that is 180 days or more, then I would say definitely do not use the AP and do not leave the US until you have the green card in hand. USCIS will give the AP, however, if you leave the US and have more than 180 days out of status you will automatically incur a 3 year ban that will be enforced when you try to re-enter the US. If you have a year or more of out of status time in the US, then you will incur a 10 year ban if you try to re-enter the country. In both of those cases, if you do leave the US and incur the ban, you would require a waiver to be allowed back into the US.

If you have less than 180 out of status days you may still be given a hard time by immigration officials at the border, however, you should still be allowed to re-enter the US. If you have no out of status days, then you should have no problems using an AP and can travel out of the US and return. It is a fact that the border guard will have ultimate authority on whether or not to allow you back into the country, but without an obvious 'reason' for denial, you should have no problems.

Hope that helps . . .

well said Kathryn. Yes I also have a overstay though i was married within my visa period but i cdnt send the AOS for almost a year as because of shortage of money. YEs i know that the POE officers give a damn about USCIS and will give you a hard time if you have a overstay, even you have an AP. And thats the only reason I didnt apply for one, though i need to go home as soon as I get my GC.

Yes countrywise we are Bhai Bhai ...no matter whats going on politically. So Saspak pls keep in touch and i wd be too .... Tk Care. Keep on updating your timeline so that we all can be aware. Thanks

[sasaqlain 24]

Kathryn41: This is what I figured. AP could be a trap for those who have violated the visa boundaries I came on a B1/B2 and then applied for AOS, but my visa is still valid till May 9th, 2009. But since I have applied for adjusting Status from Tourist, I am sure I won't be looked at very positively the next time I encounter the Immigration people at POE's. Although I am dying to go back to my Country, I am helpless and Probably make sure, i don't get tempted to use the AP, if it arrives before the interview.

Cristera22: Ofcourse we are. I have no respect for the politicians. The world would have been a far better place without this breed. I will keep you posted. My prayers are with you. Hopefully we both will sail through.