January 2010 AOS Filers

[F & J 21]

I have a question about updating online. We got our initial NOA1s via email on the 22nd of Jan. Our travel document and work auth. are already in initial review, but the AOS application still says acceptance phase. It also says it should be done with that stage within 2 days. Does it change like the others did once they review if for proper payment and signatures, or does this mean it is being sent back to us with RFE? It seems like we would not have received NOA1 if there was a problem with the initial review. Just wondering if anyone else got NOA1 without the status being changed. Our check HAS been cashed as well.

Our AOS is the same! Our EAD and AP say that they're in the "Initial Review" stage but our AOS says it's still in the "Acceptance" stage - details just say that the fingerprint fee was accepted and they've mailed us a notice (I assume that refers to the NOA). Our check was cashed 01/11 and we already have all 3 NOAs - with the same date, 01/11. All 3 cases were last updated/touched on 01/12. It's making me worry too because I don't know if that means we'll be getting our biometrics appointment letter soon...

Edited January 25, 2010 by Fatima and Jim

[belovedbyme 0]

Keep whatever evidence you have. Does he physically abuse you? If he does, be sure to file a police report! It will be helpful with the immigration process - because you entered the marriage in good faith. Once you have your green card, you should still be able to file to remove conditions.

No physical abuse but its worst. Mental torture and verbal abuse. Its now 4 days we dont talk at all online.

[menina 50]

Our AOS is the same! Our EAD and AP say that they're in the "Initial Review" stage but our AOS says it's still in the "Acceptance" stage - details just say that the fingerprint fee was accepted and they've mailed us a notice (I assume that refers to the NOA). Our check was cashed 01/11 and we already have all 3 NOAs - with the same date, 01/11. All 3 cases were last updated/touched on 01/12. It's making me worry too because I don't know if that means we'll be getting our biometrics appointment letter soon...

Okay makes me feel btter. Maybe they don't update until they go through the entire package and check for the need to send an RFE. The other 2 applications are quick and easy to see if anything is missng. Also since the AOS is sent on to the NBC maybe we have to wait for them to get around to processing it. I bet you get your letter soon. Anyone who has their letter, what was your experience with online updating?

[victorious 0]

Do we need to have individual biometrics for AOS and AED?

[F & J 21]

Do we need to have individual biometrics for AOS and AED?

I think they just set one biometrics appointment for both AOS and EAD now (I think they used to send 2 separate letters but with the same date) but since you didn't file concurrently, I'm not sure if you'll have 2 appointments... Maybe someone who applied for EAD after filing AOS can shed light on this?

Edited January 25, 2010 by Fatima and Jim

[victorious 0]

I think they just set one biometrics appointment for both AOS and EAD now (I think they used to send 2 separate letters but with the same date) but since you didn't file concurrently, I'm not sure if you'll have 2 appointments... Maybe someone who applied for EAD after filing AOS can shed light on this?

thanks Fatima! ^^ I'll just wait then and see.

[Tygrys 143]

I'm so sorry to hear that... I really don't know how to go about situations like this. I just read your other post about how your husband told you to start looking for flights. The Affidavit of Support that he signed when you filed for AOS is binding - he is required by law to support you even if you do divorce! Worst case scenario, if you don't have money - he will have to provide for you.

Wrong. Affidavit of Support is a contarct between Sponsor and the Government. I does not provide for spousal support. Spousal support and/or alimony are decided either in Separation Agreement between parties (if both parties are willing to sign it) or must be decreed by the Court.

[F & J 21]

Wrong. Affidavit of Support is a contarct between Sponsor and the Government. I does not provide for spousal support. Spousal support and/or alimony are decided either in Separation Agreement between parties (if both parties are willing to sign it) or must be decreed by the Court.

But isn't the Affidavit of Support required to ensure that the foreign spouse won't become a public charge?

By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.

The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his orher eligibility for the program.

If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.

The obligation ends when the immigrant becomes a U.S. citizen or is credited with 40 qualifying quarters of work.

Divorce does not end the sponsorship obligation.

What Does Signing the Form I-864 Require Me to do?

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:

--

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)

From what I understand, the government will only take legal action if the sponsored immigrant applies for benefits.

I know that alimony isn't covered in the I-864. In any case, if you live in a state where the spouse is entitled to 50% in the event of a divorce, you can go from there (unless you signed a prenuptial agreement giving up alimony/spousal benefits).

Edited January 25, 2010 by Fatima and Jim

[Miranda&John 0]

I'm a little frustrated that our checks have not been cashed yet! But my daughter and I filed together, so maybe 2 applications take longer?

[F & J 21]

I'm a little frustrated that our checks have not been cashed yet! But my daughter and I filed together, so maybe 2 applications take longer?

That might be it - I read that USCIS does their best to keep family applications together so they're probably looking at the 2 applications at the same time

On another happy note, my biometrics appointment letter came in the mail today!!!

It was postmarked Jan. 21. Notice Date was Jan 14.

Appointment for Feb. 3rd at 12NN! (my mom's birthday!!!)

[menina 50]

I think they just set one biometrics appointment for both AOS and EAD now (I think they used to send 2 separate letters but with the same date) but since you didn't file concurrently, I'm not sure if you'll have 2 appointments... Maybe someone who applied for EAD after filing AOS can shed light on this?

Okay kind of weird. Just got 3 more text messages one for each application. I had already received text and email last Thursday. Maybe this means my applications were received at NBC?

[Tina&Roland 4]

Okay makes me feel btter. Maybe they don't update until they go through the entire package and check for the need to send an RFE. The other 2 applications are quick and easy to see if anything is missng. Also since the AOS is sent on to the NBC maybe we have to wait for them to get around to processing it. I bet you get your letter soon. Anyone who has their letter, what was your experience with online updating?

Mine actually says "initial review" on all. By the way, it would have been hard for me to figure out the receipt number by the back of the check because they are all pretty different.

[menina 50]

On another happy note, my biometrics appointment letter came in the mail today!!!

It was postmarked Jan. 21. Notice Date was Jan 14.

Appointment for Feb. 3rd at 12NN! (my mom's birthday!!!)

Wow! That was fast! Your appt. is just around the corner. I hope we have a little more notice cause we will have to take time off of school and work to do it. Seems like they took awhile to mail it out if it was notice date of 1/14 and only postmarked on 1/21.

[F & J 21]

Wow! That was fast! Your appt. is just around the corner. I hope we have a little more notice cause we will have to take time off of school and work to do it. Seems like they took awhile to mail it out if it was notice date of 1/14 and only postmarked on 1/21.

I know what you mean! When MARM got her appointment letter for Jan. 29th, I got really worried since we mailed our AOS packet the same day as they did. My husband is going to be out of town and won't be back until late Feb. 1st. I really didn't want to have to reschedule so it's REALLY lucky that we got the appointment for Feb. 3rd! It seems like they really just give you two weeks (or a little over a week) notice before your actual appointment date @_@ I'm not complaining though... LOL.

I hope you get your biometrics letter soon too!

Re: text messages / notifications

Are they the exact same messages? We didn't include the G-1145 with our packet (didn't find out about it until after we had already filed) - but I think it's possible that they have forwarded it to the National Benefits Center already so they sent another notification. It could also be some sort of a glitch since the mobile/text updates are supposedly still in beta?

[victorious 0]

That might be it - I read that USCIS does their best to keep family applications together so they're probably looking at the 2 applications at the same time

On another happy note, my biometrics appointment letter came in the mail today!!!

It was postmarked Jan. 21. Notice Date was Jan 14.

Appointment for Feb. 3rd at 12NN! (my mom's birthday!!!)

Yay I told you! you'll have it soon. You and I are on the same track.

By the way mine was sent to Chicago but my notices are from Misourri.