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Filed: EB-1 Visa Country: Cyprus
Timeline
Posted

Hey All,

I have quite a big problem at the moment. I hope someone can give me the right course of action. My situation is as follows:

I filed for my change of status as well as my , my work permit and travel documents, i filed last month, and i got my receipts on the 4'th of April 2011.

I am having my ceremonial wedding in the Dominican Republic on the 21'st of May 2011. I went into the USCIS offices to ask them if they can speed up my application for travel documents, based on my ceremonial wedding. I went in and showed them my receipts for my wedding. The lady said that she sent them a message to the processing office and said they will get back to me by the 8'th. Today is the 9'th and the only letter i have received is a letter saying i need a joint sponsor, as my father in-law's income does not suffice as a sponsor.

I need to leave in 8 days to go to the Dominican for my ceremonial wedding and my I-94, expired 9 days ago(april, 30'th, 2011)

i want to come back to America and I want to go to my wedding, my family has spent a lot of money to come from around the world, i need to be there :).

What should i do?

Retract my change of status application and file for an extension on my i-94, that way i can go out and come back in! if yes, how long does it take to get your I-94 extended? And if i re tract my application do i lose all the filling fees?

OR

Send in the sponsor information that they have requested and hope the travel documents come before i need to leave.

Or

Do I go into the office and file for my travel documents a second time?

Please help :)

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

AP is now combined with the EAD - it's one card. They don't usually issue the card until you've had your biometrics appointment as they need the photo for the card.

You've already received an RFE for a joint sponsor. Nothing more is going to happen on your case until you respond to the RFE.

You can't generally file for an extension of your stay if your stay has already expired. It's also next to impossible to have an extension of stay approved in a week.

Make another infopass appointment and ask for emergency AP. Pray that you get a lenient immigration officer.

No offense, but it was extremely poor planning to schedule your ceremonial wedding only 1 1/2 months after you submitted your AOS package.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Ecuador
Timeline
Posted

Sometimes things happen because we don't plan thing properly. I think you are in a lot of trouble because you did not submit the application early on and because you planned you wedding way ahead of time. USCIS will not be sympathetic very often and in cases like this they can care less about your irresponsible planning. Now that you received an RFE makes your case even more difficult. I hope you find a solution because I really do not think there will be an obvious one. 1. leave the country and get married - stay in your country... 2. wait for your papers to come out and then marry him and live happily ever after.

2010-05-15 I-129F Application sent to CSC

2010-05-17 I-129F Application received by VSC

2010-05-19 I-129F Application Forwarded to Dallas Lockbox

2010-05-25 Check cashed

2010-05-25 NOA1 Receipt

2010-07-07 NOA2 Received email that our I-129F application was approved

2010-07-14 NOA2 hard copy received, Petition sent to NVC

2010-07-12 NVC sent Petition sent to embassy

2010-07-15 Called NVC and got case number

2010-07-14 Petition received at Ecuador Embassy

2010-XX-XX Packet 4 letter of instructions from the Ecuadorian Embassy

2010-07-30 Medical appointment scheduled

2010-08-10 Passed medical

2010-09-13 Appointment for visa at Guayaquil Consulate

2011-01-04 Travel to the United States and get married

2011-01-16 Got Married

2011-03-19 Submitted AOS application

2011-04-05 Received RFE

Filed: EB-1 Visa Country: Cyprus
Timeline
Posted

AP is now combined with the EAD - it's one card. They don't usually issue the card until you've had your biometrics appointment as they need the photo for the card.

You've already received an RFE for a joint sponsor. Nothing more is going to happen on your case until you respond to the RFE.

You can't generally file for an extension of your stay if your stay has already expired. It's also next to impossible to have an extension of stay approved in a week.

Make another infopass appointment and ask for emergency AP. Pray that you get a lenient immigration officer.

No offense, but it was extremely poor planning to schedule your ceremonial wedding only 1 1/2 months after you submitted your AOS package.

Hi,

Thank you for your response, yes it was poor planning :(.

I went for my Biometric exam on the 2'nd of April.

What can i do, should i get the documents required for the sponsor and go in with it? What does AP stand for?

So retracting my AOS and filling for an extension isn't an option?

Filed: EB-1 Visa Country: Cyprus
Timeline
Posted

Hi,

Thank you for your response, yes it was poor planning :(.

I went for my Biometric exam on the 2'nd of April.

What can i do, should i get the documents required for the sponsor and go in with it? What does AP stand for?

So retracting my AOS and filling for an extension isn't an option?

Someone told me that you get your travel Documents after a month of applying, thats why i thought i would have it by now. I think i am in a lot of trouble, i dont mind going back to my country but it isnt the best place for my wife. this is a very sad day eish

Posted

Sadly, you should never rely on what someone told you because everyone's applications have a different timeline.

What visa are you adjusting from?

I wish you luck

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

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Filed: Other Timeline
Posted

Follow Jim's advice. If Emergency Advance Parole (AP) is not granted to you, leaving the US for your ceremonial wedding would mean that you abandon the AOS process. You then would have to apply for a CR-1 visa in Cyprus in order to enter the US again. It would take several months to get it.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Posted

..And, to add to Jim's and Bob's input, you will lose the money that you've spent on the AOS now, and will have to pay new fees that are affiliated with the CR-1 application.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Not Always --- We just recv a EAD card and seperate AP form I-512L--

You didn't "just" receive it, you received it a month ago in April. Your EAD was approved on the 5th April. I can't see your AP approval date in your timeline but you received it on the 13th. So your EAD says "does not serve as..." above the expiry info? Well it seems you just missed the boat on it. If you see here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f5d28bcbf851e210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

Q8. Will USCIS still issue separate EAD and Advance Parole documents?

A8. Yes. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. For example, you will receive an EAD without permission to travel if you do not request Advance Parole or if your Form I-765 is approved but your Form I-131 is denied.

You got an RFE for your AP so they could have been separated long enough that you didn't get the combo card.
Filed: EB-1 Visa Country: Cyprus
Timeline
Posted

Hey Everyone,

Thanks for the assistance, i went into the USCIS today, and they have said that i need to re submit my i864 as i did it incorrectly, i have my father in law as my sponsor, but i needed to have my wife as the sponsor and her father as a co sponsor.

So just to make sure i am correct.

I will submit one i 864 with her as the sponsor, now my wife hasn't worked for sometime, and for the last 3 years she was traveling the world with me, so she has no tax returns.. Will that be an issue?

Secondly, from my understanding i need to get her father to fill out his own i 864 and on it in part 1, 1,e, i can state it is the second sponsor.

is that the correct way to fill out the i864 when your petitioner doesn't make the required income?

Tomorrow they are allowing me to go in and fax the forms to the office and then maybe they will give me my travel documents :)..

There is hope

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Your wife is the sponsor, and her father is the joint sponsor.

Your wife fills out the I-864 as the main sponsor, whether she had income or not. If she has no tax returns, she needs to send in a statement, quoting the IRS law, for the reason she did not have to file taxes those years.

Her father fills out his own I-864 and checks box (d), since he is the only joint sponsor, not the second joint.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: EB-1 Visa Country: Cyprus
Timeline
Posted

Your wife is the sponsor, and her father is the joint sponsor.

Your wife fills out the I-864 as the main sponsor, whether she had income or not. If she has no tax returns, she needs to send in a statement, quoting the IRS law, for the reason she did not have to file taxes those years.

Her father fills out his own I-864 and checks box (d), since he is the only joint sponsor, not the second joint.

Hi,

Thanks for the reply. My wife was traveling around the world with me and she wasn't earning an income. I am on the IRS website but i cant seem to find the laws i need to quote.

The last time she filed was 2001, lol.. Can someone please help me and tell me what i need to file with her i-864, I have no idea what laws to quote in a statement.

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

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