Notice of Potential Interview Waiver Case

[espared12 52]

So for the past few days whilst posting on here, I have been looking at various posts trying to shed any light on what is going on. Well I might be right off the trail,, but this is what I have found. I have found that 1-130 applications have been being processed in record time. One person sent off an application around Jan 5th and already has their NOA2 in hand, another person was told that their petition before they sent it off will take no more than 90 days. When researching the delay regarding AOS, an article mentioning DACA caught my attention and they said there had also been a back log of 1-130 petitions. So I am sat here wondering if they are concentrating on the 1-130's and letting everything else slide? Just a thought, but it does seem to tally.

Another thing, I looked on the USCIS website yesterday as I tend to do, part of my daily routine now and also to see if there was any news regarding the temporary stop with DACA. Not a word! Today there is a banner that disappears after a couple of seconds on their website, but its not filed in news or alerts and you would think it would be top news to inform all those people who are filing under it! Hmmm..........

I think what happens is that there is a sense of urgency with other family based applications because the applicant it either in another country or in the US with no protected status. K1 visa applicants processing AOS are placed in the back burner and sent the NPIW because our spouses are in the country already and do have protected status. In my wife's case we have been using AP since June of 2014 as if it were her green card. We live in El Paso, TX, borderland to Ciudad Juarez, her hometown and we have been visiting her family every weekend since receiving her EAD AP. For the most part using AP has been simple, aside from the fact that at times I have had to wait for her for a few hours and the border entry. At first we received some pushback but now they know exactly who she is. They take her inside, do their thing, she walks back out, and hops in the car. I would much rather her have her Green Card already to avoid waiting for her and give use the ability to use the Ready Lane at the border crossing. She feels she is not protected because she does not have her Green Card and she's been waiting for such a long time, but I know she has protected status. I don't understand what she might feel, because I am the US Citizen and have never had to feel that way. I asked her about it and she does express concern and says at times she feels that she is stuck in between, half done. She says she won't feel comfortable and complete until she has her Green Card. I'm pretty sure those are some of the same feelings I see in this forum day in and day out. I understand that that is why emotions and frustrations are running VERY high.

[shell20 746]

I think what happens is that there is a sense of urgency with other family based applications because the applicant it either in another country or in the US with no protected status. K1 visa applicants processing AOS are placed in the back burner and sent the NPIW because our spouses are in the country already and do have protected status. In my wife's case we have been using AP since June of 2014 as if it were her green card. We live in El Paso, TX, borderland to Ciudad Juarez, her hometown and we have been visiting her family every weekend since receiving her EAD AP. For the most part using AP has been simple, aside from the fact that at times I have had to wait for her for a few hours and the border entry. At first we received some pushback but now they know exactly who she is. They take her inside, do their thing, she walks back out, and hops in the car. I would much rather her have her Green Card already to avoid waiting for her and give use the ability to use the Ready Lane at the border crossing. She feels she is not protected because she does not have her Green Card and she's been waiting for such a long time, but I know she has protected status. I don't understand what she might feel, because I am the US Citizen and have never had to feel that way. I asked her about it and she does express concern and says at times she feels that she is stuck in between, half done. She says she won't feel comfortable and complete until she has her Green Card. I'm pretty sure those are some of the same feelings I see in this forum day in and day out. I understand that that is why emotions and frustrations are running VERY high.

I totally agree, being the beneficiary myself I feel in no man's land. I feel although I came here nearly a year ago, I still don't belong. For example when I opened a bank account they said to me you are entitled to go into a thousand dollar draw, but they couldn't open the account at my USA address as I didn't then have a social security card nor a GC.I still dont have the elusive GC so I can't change my address yet to reflect where I really do live.

I then realised even if I had won the draw, I couldn't have claimed the prize as it said open to residents or citizens only. I have seen quite a few posts saying that some people have been rejected for jobs after interviews as although they have the EAD card they don't have the GC and yes Ive had to go to secondary interview at border control because I only had the AP card and not the GC. Ive given up my house, my country, left my son and cat behind and I still don't feel I belong any where in particular. My husband doesn't understand.... how could he totally understand these feelings entirely, after all he is home and he can see his children whenever the mood takes him.

But there are more implications with this delay, it's not just about getting the card, some people may have other reasons why it is important to get the GC, perhaps they want to sponsor their elderly parents etc. These massive backlogs delay that process by up to a year or 18 months. Personally I think the conditional GC should either start from the day of the person's wedding or the day they file! Again, its about accountability, ownership and maybe a bit of compassion and empathy?

Edited February 18, 2015 by shell20

[Natonstan 129]

I totally agree, being the beneficiary myself I feel in no man's land. I feel although I came here nearly a year ago, I still don't belong. For example when I opened a bank account up they said to me you are entitled to go into a thousand dollar draw, but they couldn't open the account at my address as I didn't then have a social security card nor a GC, still dont have the elusive GC so I can change my address to reflect where I really do live.

I then realised even if I had won the draw, I couldn't have claimed the prize as it said open to residents or citizens only. I have seen quite a few posts saying that some people have been rejected for jobs after interviews as although they have the EAD card they don't have the GC and yes Ive had to go to secondary interview at border control because I only had the AP card and not the GC. Ive given up my house, my country, left my cat and child behind and I still don't feel I belong any where in particular. My husband doesn't understand how could he totally understand these feelings entirely, after all he is home and he can see his children whenever the mood takes him.

But there are more implications with this delay, it's not just about getting the card, some people may have other reasons why it is important to get the GC, perhaps they want to sponsor their elderly parents etc. This massive backlog delays that process by up to a year or 18 months. Personally I think the conditional GC should either start from the day of the person's wedding or the day they file! Again, its about accountability, ownership and may I add compassion?

You feel exactly like me Shell, I can honestly say after being here a year I 100% do not feel like I belong, I do not feel settled, but at the same time I would hate to go back home, I'm at a loss, but all I can do is wait for the elusive green card and hope and pray every day, its such a mess

[shell20 746]

You feel exactly like me Shell, I can honestly say after being here a year I 100% do not feel like I belong, I do not feel settled, but at the same time I would hate to go back home, I'm at a loss, but all I can do is wait for the elusive green card and hope and pray every day, its such a mess

The whole thing makes me dreadfully homesick and I will admit I have talked to my husband about him living in England, but he can't as he has two teenage son's still at school here, who need him. I don't think the USCIS, help any marriage, or bring families together although they claim to stand for that ideal. I am bitterly disappointed, this time last year I was singing their praises, didn't imagine the long wait for AOS, not in my wildest dreams!

[Natonstan 129]

The whole thing makes me dreadfully homesick and I will admit I have talked to my husband about him living in England, but he can't as he has two teenage son's still at school here, who need him. I don't think the USCIS, help any marriage, or bring families together although they claim to stand for that ideal. I am bitterly disappointed, this time last year I was singing their praises, didn't imagine the long wait for AOS, not in my wildest dreams!

Well I would never even think of going back to England but I was actually born in Ireland (I think I told you before) and I have tons of family there, if I were to move anywhere I think I'd head to Ireland but like yourself my USC partner won't move, which to be honest seems unfair as we gave up our whole lives like you said, unlike your husband my wife has no children but she refuses to leave her parents..

..right now I'm just going to sit tight and let this GC situation play out anyways, that's all we can do

[shell20 746]

Well I would never even think of going back to England but I was actually born in Ireland (I think I told you before) and I have tons of family there, if I were to move anywhere I think I'd head to Ireland but like yourself my USC partner won't move, which to be honest seems unfair as we gave up our whole lives like you said, unlike your husband my wife has no children but she refuses to leave her parents..

..right now I'm just going to sit tight and let this GC situation play out anyways, that's all we can do

It's not just about my husband's boys for him not to want to move to England, but also his mother is very, very ill with cancer and his dad is also elderly with health problems. So I find myself so torn,

I long for my son to come over, but he keeps changing his mind. He is my only child, my parents died when I was in my 20s and 30s, so he has no grandparents nor brothers or sisters and his dad disappeared when he was a baby. I am SO close to my son because of this, but if I did want to sponsor him and if he did want to come over, I find myself unable to do so as I have to have a GC in order to do that, then I have to wait up to 7 years for that privilege as he is over 21. .I just feel so torn, probably not homesick for England as such, but definitely homesick for my child!

[MovinOn 32]

The whole thing makes me dreadfully homesick and I will admit I have talked to my husband about him living in England, but he can't as he has two teenage son's still at school here, who need him. I don't think the USCIS, help any marriage, or bring families together although they claim to stand for that ideal. I am bitterly disappointed, this time last year I was singing their praises, didn't imagine the long wait for AOS, not in my wildest dreams!

These posts break my heart. My husband also feels the same, very displaced. He left his home, job, car, his whole life. The K-1 visa was hard enough and I thought THAT was a long wait. We have had to go to so many different government offices, taken time off work, sometimes more that once. We had a huge battle with the medical insurance and now have to pay a huge premium every month thanks to the "Obama Care". Which is a shock for him being from Canada and you dont have to pay for medical there as a premium. So it is very important that he can renew his EAD in time and not lose his job. The list goes on. Needless to say, he can agree on how you guys feel, and many times he has said, "for doing everything the legal way, I have not felt very welcomed by the U.S". Very sad.

[nlherman 36]

“Give me your tired, your poor, your huddled masses yearning to breathe free.”

"Land of the free, home of the brave..."

Then you meet USCIS...Boy do they know how to ruin a good thing...

[shell20 746]

These posts break my heart. My husband also feels the same, very displaced. He left his home, job, car, his whole life. The K-1 visa was hard enough and I thought THAT was a long wait. We have had to go to so many different government offices, taken time off work, sometimes more that once. We had a huge battle with the medical insurance and now have to pay a huge premium every month thanks to the "Obama Care". Which is a shock for him being from Canada and you dont have to pay for medical there as a premium. So it is very important that he can renew his EAD in time and not lose his job. The list goes on. Needless to say, he can agree on how you guys feel, and many times he has said, "for doing everything the legal way, I have not felt very welcomed by the U.S". Very sad.

"for doing everything the legal way, I have not felt very welcomed by the U.S". Amen to that one!

As for the medical totally agree, shocker for me. I went on my husbands healthcare policy and within 2 months of getting here, I found myself at an emergency doctors, bleeding from the ear with an ear infection. First time in my life I have had to pay an excess amount albeit $10. I think that it's not just about leaving our homes, cars, jobs, family etc, it's also about adjusting to a totally new lifestyle. My husband have realised that although we talk the same language and walk the same walk, there are vast, vast cultural differences. Even the food and weather are world's apart!

[Pennycat 880]

The US seems to have too many holidays that only affects government workers, if you're gonna have a holiday at least give us all the day off

Oh, it's not that they only apply to government workers. They're supposed to be national holidays for everyone (I guess similar to your bank holidays?), but most private employers have begun to ignore the more "minor" ones entirely, and do what they can to make people work on the major ones (Christmas, Thanksgiving, Independence Day and, ironically, Labor Day) as well. 'Murica. It' the best. Still want to move here?

[shell20 746]

Oh, it's not that they only apply to government workers. They're supposed to be national holidays for everyone (I guess similar to your bank holidays?), but most private employers have begun to ignore the more "minor" ones entirely, and do what they can to make people work on the major ones (Christmas, Thanksgiving, Independence Day and, ironically, Labor Day) as well. 'Murica. It' the best. Still want to move here?

I hear you, my husband had to work on President's Day and Natonstan (OP) has been here for a year now and another one who also had to work on Presidents Day.

[Pennycat 880]

I hear you, my husband had to work on President's Day and Natonstan (OP) has been here for a year now and another one who also had to work on Presidents Day.

Ah, got it, didn't see your whole history (long, long thread). I'm just in a particularly grumpy mood today (doing some investigating into TSC and the insane delays there, seeing what those folks are being paid to, apparently, do nothing and get all the holidays off), while also talking with a friend/former co-worker from when I worked for a major international consulting firm that was basically Hell On Earth, and honest to god, I think it is a borderline cult. I'm trying to help him find a new job--that place is terrible.

It's type of place where you are told, explicitly, to your face in as may words "if you're only working 40 hours/week, you're doing something very wrong". You're expected to bill at least 40 while doing a whole ton of "extra curricular" work for the firm--proposals, training others, "firm activities" like....I don't know little clubs for people who do similar work as you, outside volunteer work in the community and a mandatory minimum of "learning hours" per year....and NONE of this counts toward your billable hours or "utilization rate", and of course, they ignored the minor federal holidays, and guilted you into putting in work from home on the major ones. And your vacation. And when you'd left town last minute because your dad was having an emergency quintuple bypass and it wasn't clear if or how well he'd recover (seriously).

And the USCIS folks down in Texas are making more than I was (at least at the beginning). And probably work an AWS (alternative work schedule) where they (allegedly) work 9 hour days and get every-other Friday off. And are capped at 40/week (or 80 every two weeks, if they work AWS) and get the full slate of holidays. And 4 weeks/year between vacation and sick leave. And the sick leave rolls over year to year. And it appears as if they accomplish very little. It's pretty upsetting.

[Rebor1991 1]

I just spoke to my lawyer

She says she's good friends with the main supervisor at SFV local office n that I shouldn't have to wait past 15th of next month

Not sure how legit that info is but will see

[shell20 746]

As far as I know there are no big delays with K1 issuance, in fact someone sent off their forms in Jan and already has their noa2 ready to book in for a medical and interview. So you shouldn't have such a long wait. The wait for AOS however is now up to a year, hence this very, very long discussion.

As far as USCIS working hours, holidays, sick pay etc, it sounds very much like working conditions in England, so no shockers there for me personally!

Ah, got it, didn't see your whole history (long, long thread). I'm just in a particularly grumpy mood today (doing some investigating into TSC and the insane delays there, seeing what those folks are being paid to, apparently, do nothing and get all the holidays off), while also talking with a friend/former co-worker from when I worked for a major international consulting firm that was basically Hell On Earth, and honest to god, I think it is a borderline cult. I'm trying to help him find a new job--that place is terrible.

It's type of place where you are told, explicitly, to your face in as may words "if you're only working 40 hours/week, you're doing something very wrong". You're expected to bill at least 40 while doing a whole ton of "extra curricular" work for the firm--proposals, training others, "firm activities" like....I don't know little clubs for people who do similar work as you, outside volunteer work in the community and a mandatory minimum of "learning hours" per year....and NONE of this counts toward your billable hours or "utilization rate", and of course, they ignored the minor federal holidays, and guilted you into putting in work from home on the major ones. And your vacation. And when you'd left town last minute because your dad was having an emergency quintuple bypass and it wasn't clear if or how well he'd recover (seriously).

And the USCIS folks down in Texas are making more than I was (at least at the beginning). And probably work an AWS (alternative work schedule) where they (allegedly) work 9 hour days and get every-other Friday off. And are capped at 40/week (or 80 every two weeks, if they work AWS) and get the full slate of holidays. And 4 weeks/year between vacation and sick leave. And the sick leave rolls over year to year. And it appears as if they accomplish very little. It's pretty upsetting.

[shell20 746]

I just spoke to my lawyer

She says she's good friends with the main supervisor at SFV local office n that I shouldn't have to wait past 15th of next month

Not sure how legit that info is but will see

Great to have a lawyer who is buddies with a supervisor, but I can't see your timeline so no idea how long youve been waiting? Can you clarify to other's so they can have an estimated waiting time?