AOS Nov 2015 Filers

[ocuevas 2]

So my lawyer file my AOS last Nov 16 and USCIS sent me a receipt Nov 24 from National Benefit Center. I'm from NY but I don't know where my lawyer file my case. So I assumed my case is in NBC. So I completed Biometrics, I got my EAD and SSN. So now I am waiting for schedule for interview. My case was stucked since March 11 that they are ready to schedule for interview, so I sent a Case Inquiry on line and they said expect a reply by June 13. I received a reply last friday July 22. They said my case is awaiting interview and my local field office will contact me when they are able to schedule the appointment and I should contact them if I don't hear from them after 90 days of this notice. The email came from NBC, Summit MO. So it means that if my lawyer filed my case in Chicago they move it to NBC? And if I'm going to interview they going to move it to NY Field Office? When they finally reply to my case inquiry my status changed to as of July 22, they are ready to schedule for interview. I tried to call NBC office and asked about my case but the guy who answered my call told me that I have to call USCIS number for AOS cases. He said NBC is for Adoption cases only. So I guess I just wait what's going to happen next. Hoping to get notification or email from USCIS in the next few weeks. What do you think is going on to my case?

[PhuongNRon 5]

The lack of consistency from different field offices when applying rules and regulations to K1's is what I believe is bad. I also feel that half the problem is that USCIS officers are not familiar with their own procedures for K1's.

K1 visas are not issued by the US Embassies UNLESS a valid medical has been performed by the authorised Embassy doctors, and that medical meets all requirements. Also, I cannot see how the medical can be 'lost', which is a serious breach of data protection laws - think how much private and confidential information is contained within that form.

Therefore I believe that the issue is not the medical being lost, it's more that the USCIS field offices are not familiar with their own rules when it comes to K1 visas applying for permanent residency.

Personally I'd get your local congressman involved. At the very least, you'll get some answers as to where your case is at as they have to answer to congressman enquiries. Don't even bother with the USCIS help line, they are utterly useless. I tried them for three months, they either "did not have access to that kind of information" or gave me incorrect information. When I called for about the 5th time and they couldn't confirm where my case actually was, that's when I got my congressman involved. At least through them my case was located and some information of its current status was acquired.

Good luck!

Hi Chas,

I pretty much have the same issue like you. I got an RFE that I need to send in the I-693 because they said it was expired and was not sent within 12 months from the medical exam. My medical was done in July 2015 I had the complete box checked, so It was NOT expired not even till this day and I sent it with my AOS in Nov 2015 which was 4 months after the medical exam so totally within the 12 months. Anyways I didn't want to argue so I went to get the medical done again. I sent it to the USCIS the same day I got it from the CS only 2 days later they tell me that they forgot to check the complete box!!!! I'm like WTH!! I pay $300 for the exam which took 20 min and a doctor can't even fill out the papers right!?!? I was soo mad. They said ok let's wait when the USCIS gets back and we fill it out again. Sure no big deal why not I just wasted money to send incomplete papers to the USCIS overnight to wait on another REF again. Well 3 weeks have past by now and all of a sudden on a Saturday afternoon I got an email from the USCIS expecting another REF but NO, the update was that my new card was ordered!! I could not believe this and I won't until I have the actual card in my hand cause I am supposed to get another RFE. You never know with the email and online updates. Well we shall see. Oh and btw my case is in Newark as well. And having the congressman involved is helpful.

Good luck everyone!!

[monkiwiland 0]

Thinking of scheduling an infopass - short version is we moved to LA back in February and they finally updated our case history to show that they processed that. IF they moved us to LA then we are way outside normal processing times and wondering if anyone can tell me more about how an infopass appointment works?

[ChasUno 101]

Hi Chas,

I pretty much have the same issue like you. I got an RFE that I need to send in the I-693 because they said it was expired and was not sent within 12 months from the medical exam. My medical was done in July 2015 I had the complete box checked, so It was NOT expired not even till this day and I sent it with my AOS in Nov 2015 which was 4 months after the medical exam so totally within the 12 months. Anyways I didn't want to argue so I went to get the medical done again. I sent it to the USCIS the same day I got it from the CS only 2 days later they tell me that they forgot to check the complete box!!!! I'm like WTH!! I pay $300 for the exam which took 20 min and a doctor can't even fill out the papers right!?!? I was soo mad. They said ok let's wait when the USCIS gets back and we fill it out again. Sure no big deal why not I just wasted money to send incomplete papers to the USCIS overnight to wait on another REF again. Well 3 weeks have past by now and all of a sudden on a Saturday afternoon I got an email from the USCIS expecting another REF but NO, the update was that my new card was ordered!! I could not believe this and I won't until I have the actual card in my hand cause I am supposed to get another RFE. You never know with the email and online updates. Well we shall see. Oh and btw my case is in Newark as well. And having the congressman involved is helpful.

Good luck everyone!!

Congratulations! Glad to hear that you were successful in getting your green card, despite USCIS ineptitude over the whole medical thing. As you said, you filed it well within the one year time frame, so you should NOT have been asked to repeat the medical. Even more so as yours did in fact have the vaccination complete check box ticked.

Did you go to a private Civil Surgeon? I only had to pay $150 for the complete exam, which means you had to pay double. You may want to consider contacting the USCIS Ombudsman to file a complaint, in respects of you having to pay for a medical when you had already submitted a valid medical meeting all the USCIS requirements. The Ombudsman can help with re-reimbursement in cases of clear USCIS error, which this is.

The USCIS' own instructions clearly state that K1 visa holders, applying for AOS and having had an overseas medical within one year of the date of FILING that AOS, DO NOT need to have another medical. You can see their own instructions here (bottom of page 6):

https://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf

"What if I am a K nonimmigrant visa holder and already had a medical examination overseas?

If you were admitted as a: K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and 3. A. B. You received a medical examination prior to admission, then: You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination, and: C. (1) (a) The panel physician did find a class A medical condition, you received a waiver of inadmissibility, and you have complied with the terms and conditions of the waiver.

Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will have to have the Part 7. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1., 2., 4., and 7. of Form I-693."

The Ombudsman can help in this way:

"The Ombudsman provides case assistance to address the following substantive matters:  A finding by the Ombudsman of clear error(s) of fact, or gross and obvious misapplication of the relevant law by USCIS at any point in the process (Requests for Evidence, Notices of Intent to Deny, or denials)  Applications and petitions that were improperly rejected by USCIS  Ongoing, systemic issues that should be subjected to higher level review (e.g, the exercise of discretion, the misapplication of evidentiary standards, USCIS employees failing to comply with its policies, etc.)

You can contact them here:

https://www.dhs.gov/publication/scope-assistance

It's certainly worth a try, and perhaps if enough people complain about USCIS not applying their own rules to K1 applicants, perhaps more might be done to educate USCIS officers in how to deal with K1 holders applying for AOS.

Once again, congratulations. I am still waiting, it's over a month now that I returned the RFE with the new I-693 and medical. I can only hope I will hear something any day soon.

[ChasUno 101]

Still no news on my I-485/ AOS. However, I took my driving test today (the final on the road test). 29.5 years since I passed my test back in the UK, way back in January 1987. Good news, I passed with an almost perfect score! I only dropped 3 points on a question about parking on a hill (I said everything right, I just didn't mention turning the engine off).

At least I will now how a full Florida/ US drivers licence - just need my permanent residency card to make everything complete!

[PhuongNRon 5]

Hi Chas,

You might be right. Maybe I should report that might help. My update now changed to New Card Mailed. I'm travelling to Europe for 10 days so we will see if it really will be in the Mail when I am back. Congrats on the passed test!!!

[ChasUno 101]

Finally! At last!

New Card Is Being Produced

On August 5, 2016, we ordered your new card for Receipt Number MSC*********, and will mail it to the address you gave us. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

[yuna628 9,677]

Finally! At last!

New Card Is Being Produced

On August 5, 2016, we ordered your new card for Receipt Number MSC*********, and will mail it to the address you gave us. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

So happy for you Chas! Congrats, and I hope it will arrive in the mail soon. Now you can put this nonsense behind you and move on without worrying about things for a while at least.

[ChasUno 101]

So happy for you Chas! Congrats, and I hope it will arrive in the mail soon. Now you can put this nonsense behind you and move on without worrying about things for a while at least.

Thanks so much Yuna, it is a relief to finally get to the end of this unpredictable AOS journey. Many times it felt as if we are lost in a no-mans land, with no guidance, no light on the horizon, no information, just a seemingly perpetual wait. If they could update the applicants better, or even just keep them in the loop, it would make the whole process easier.

And true to USCIS random form, the first online update telling me that my "New Card Is Being Produced" is then followed approx. 8 hours later with this:

Case Was Approved

On August 5, 2016, we approved your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC**********. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Well, no sh*t Batman! I kind of gathered my case was approved when you told me my "New Card Is Being Produced" 8 hours previously! Typical USCIS doing things in the wrong order as usual! Just glad to be rid of that agency for a couple of years, though I won't fully believe it until that Green Card is actually in my hands...

Good luck to any other November filers still waiting, hope we are all approved very soon.

Edited August 6, 2016 by ChasUno

[ocuevas 2]

Congratulations! Finally, I'm happy for you! They told me to wait for 90 days until oct 22nd for their decision from the mail :-(.

[PhuongNRon 5]

Finally! At last!

New Card Is Being Produced

On August 5, 2016, we ordered your new card for Receipt Number MSC*********, and will mail it to the address you gave us. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

Congrats!!!! So happy for you. That's so awesome!! ?????

[Korruptor 4]

Once they mail the card, it should arrive in 2 days so be sure to look out for the mailman. You don't want to end up like me missing my delivery and have no idea they even attempted the delivery since I never got the tracking number from USCIS and they ended up sending it back to USCIS.

P.S. Some mention putting your name on the mailbox as well to prevent mailman from sending your card back in case they don't recognize your name.

Edited August 6, 2016 by Korruptor

[Jeffrey&David 29]

Finally! At last!

New Card Is Being Produced

On August 5, 2016, we ordered your new card for Receipt Number MSC*********, and will mail it to the address you gave us. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

CONGRATULATIONS!

JB

[monkiwiland 0]

CONGRATS!!!!

[yuna628 9,677]

Once they mail the card, it should arrive in 2 days so be sure to look out for the mailman. You don't want to end up like me missing my delivery and have no idea they even attempted the delivery since I never got the tracking number from USCIS and they ended up sending it back to USCIS.

P.S. Some mention putting your name on the mailbox as well to prevent mailman from sending your card back in case they don't recognize your name.

Have to say it bewilders me as to claims of needing to put a name on the mailbox, or missing a delivery or even having it sent back. I guess it happens but not in this town, where the postman doesn't give a flying leap.

It comes in a standard envelope (we also had no tracking number so no idea when it was coming). We live on a rural route, so the postman very rarely ever bothers to unglue his butt from his truck. He chucked the envelope in the box and never came to the door or hand delivered it or cared about any of that. It was nestled right among the magazines and rest of the mail.