Extremely Delayed AOS Greencard Decision

[serenityangel 0]

I've been actively reading for months now and found most of the information we needed to get through most things but we're at a roadblock and need help.

We had our AOS interview March 5, 2014 and was given an RFE, doctor forgot to check off a few boxes, fixed it, gave it back but I made a rookie mistake, instead of sending it via mail where I'd have a receive I returned it to the window where the interviewing officer told us we could. I made sure I received a stamped receipt of delivery. The problem I'm having is, it's been over 2 months and the interviewing case status has not updated yet nor when I call to talk to a tier 2 agent have I gotten any information on if they have any records of receipt (I know I know).

I did send a service request and that was answered with what I assume is a blanket answer but what I'm confused is the line below

Your I-485, Application to Register Permanent Residence or Adjust Status is still pending consideration. We will send you a Notice of Action (Form I-797C) for your I-485, Application to Register Permanent Residence or Adjust Status in 90 days to the address on record. If you do not receive a Notice of Action (Form I-797C) within 90 days, you may contact the customer service number listed below.

Shouldn't I be receiving a I-797 for application of a i485?

Also, it's just been a long process for us, we applied (sorry no official time line yet) in October 2013 so it's been an almost 8 month process. I really want my greencard so we can take a proper honeymoon and I can see my aging (over 75 years of age) parents just in case.... I worry.

I've gone through these steps below so far

1. Contact 2nd Tier (no help)

2. Send Service Request (seemed to get a blanket statement)

3. Made Infopas appointment

Steps that I am considering

1. Contacting Congressman to ask on my behalf

2. Contacting Ombusman

Should I be doing these additional steps right now? Or should I wait until after the infopas meeting?

We're just worried because the RFE had an 83 day notice on it and the application would be denied if it was not received before then. They received it within a day of our interview but without confirmation aside from the received stamp we're both a bit nervous. I'd hate to get denied and have to spend more money proving that they received the info and messed up - or worse.

October 2013 filed for aos and ead

December 2013 received ead

January 2014 received appointment for interview

March 2014 interview - seemed to go okay

May 2014 application still pending

8 months since aos application

2.5 months since aos interview (about 70 days)

She's American I'm Australian.

I know on the grandscale of things, others have waited so much longer but we're eager to continue traveling (we're adventurers and feel stuck until I'm sure I can come back without any issues), visiting my family and putting this behind us for a short time.

Any opinions help suggestions would be greatly appreciated.

[Harpa Timsah 13,258]

You are in Administrative Processing post interview. There is nothing you can do to make it go faster, though I might make INFOPASS and speck with the officer and make sure s/he has the new medical.

Why can't you travel? Why didn't you apply for AP? Why can't you apply for AP now?

[serenityangel 0]

Hi Harpa

Thank you for your response.

The travel bit is what we're a little confused on. We did, I did, receive the combo EAD / AP card but we were married back in March 2013 and did not file for the AOS until October 2013. It was my understanding that since we were well pass the time allotment to file for the AOS after we were married that it would be risky to travel. The visa in my passport had expired.

I hope I'm explaining this correctly? I thought I read somewhere that travel could be risky if you were past the stated time to apply for the AOS after marriage. I hope that I'm 100% wrong on this.

[Harpa Timsah 13,258]

Okay, I understand.

When did your K-1 visa expire (if you had one?)

[serenityangel 0]

It expired in April 2013.

[Harpa Timsah 13,258]

April to October is 6 months. Is it early April and late Oct? Or late April and early Oct? Do you have the exact dates?

There was a new legal precedent set that said that even a person who had overstayed could use AP. But this has not been put into the laws yet, so I am unclear how much weight it really has. The matter is called Yerrabelly v Arrabelly or something.