March 2017 AOS Filers

[antoineD 36]

6 minutes ago, Becci391 said:

I know and also read that some people who came to the US on a K1 visa did not have to have an interview because of the K1 visa interview at the US embassy in their home country.

Not sure if that applies to other visa categories too.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html

I could have saved you and myself some time by googling, but no. I didn't know any better. I don't learn  

 

Probably won't apply to me.

 

Thank you for responding.

[Becci391 339]

2 minutes ago, antoineD said:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html

I could have saved you and myself some time by googling, but no. I didn't know any better. I don't learn  

 

Probably won't apply to me.

 

Thank you for responding.

A. Interview Waiver Criteria

1. Waiver Criteria

USCIS has the ability to waive an interview. ^[2] Adjustment of status interviews are generally waived for applicants in the following classifications:

•Applicants clearly ineligible;

•Unmarried children of U.S. citizens, if not filed as part of a family pack;

•Parents of U.S. citizens;

•Fiancé(e)s of U.S. citizens who married within 90 days, and their children;

•Asylee and refugee cases in which the applicant has previously been interviewed by an asylum or refugee officer; ^[3] and

•Unmarried children (under age 14) of lawful permanent residents.

 

 

That would mean that none of the people who came in the US on a K1 visa would need an AOS interview. But why are there still some people (AOS filed because of K1) who receive an interview letter?

[antoineD 36]

1 minute ago, Becci391 said:

USCIS has the ability to waive an interview. ^[2] Adjustment of status interviews are generally waived for applicants in the following classifications:

•Fiancé(e)s of U.S. citizens who married within 90 days, and their children;

 

I think "ability" and "generally" are the key words here. It's discretionary.

 

It's like saying they "generally" issue EADs within 90 days. Sure, but when you look at the stats, it's not what actually happens.

[IkaStuart 24]

Update on our case. I just saw it is written 》Request for Initial Evidence Was Mailed《.

That is RFE right? 

Sooo stuppid!!

[rose michigan 75]

1 hour ago, PinkCandy said:

@rose michigan aha! I just realized what RFIE is and that's what they are asking from me (I have not received the notice yet so still no idea what they want  )

 

Request for Initial Evidence Was Mailed

On March 27, 2017, we mailed a request for initial evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC____________. The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence. If you do not receive your request for evidence by April 26, 2017, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Try to find out which papers are missing , so you can be ready to send them ASAP when you get the mail, because RFIE will start you from day 0 unfortunatly

[Californiansunset 336]

13 minutes ago, Becci391 said:

A. Interview Waiver Criteria

 

1. Waiver Criteria

 

USCIS has the ability to waive an interview. ^[2] Adjustment of status interviews are generally waived for applicants in the following classifications:

 

•Applicants clearly ineligible;

 

•Unmarried children of U.S. citizens, if not filed as part of a family pack;

 

•Parents of U.S. citizens;

 

•Fiancé(e)s of U.S. citizens who married within 90 days, and their children;

 

•Asylee and refugee cases in which the applicant has previously been interviewed by an asylum or refugee officer; ^[3] and

 

•Unmarried children (under age 14) of lawful permanent residents.

 

 

That would mean that none of the people who came in the US on a K1 visa would need an AOS interview. But why are there still some people (AOS filed because of K1) who receive an interview letter?

 

Emphasis on "USCIS HAS the ability..." meaning that they don't have to. 

 

Its usually a 50/50 chance that the interview is waived from a K1. 

It's randomly selected, there is no pattern. Also, every field office has to make a certain number or percentage to fulfill their interview number which is required by USCIS. So if there are not many ppl with their field office in let's say Portland, they might end up having to give every single person an interview even if they all came on K1 and didn't have any red flags so they can meet the interview number requirements. 

 

In the end getting an interview is better because that usually means you get your greencard faster. 

[Denis & San 72]

7 minutes ago, IkaStuart said:

Update on our case. I just saw it is written 》Request for Initial Evidence Was Mailed《.

That is RFE right? 

Sooo stuppid!!

That is Request for INITIAL Evidence, which is different than Request for Evidence.  

[IkaStuart 24]

10 minutes ago, Denis & San said:

That is Request for INITIAL Evidence, which is different than Request for Evidence.  

But what are the initial evidences? Maybe Birth Certificate Translation? We did send but maybe it is not good. :'(

Edited March 30, 2017 by IkaStuart

[Californiansunset 336]

1 hour ago, PinkCandy said:

@rose michigan aha! I just realized what RFIE is and that's what they are asking from me (I have not received the notice yet so still no idea what they want  )

 

Request for Initial Evidence Was Mailed

On March 27, 2017, we mailed a request for initial evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC____________. The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence. If you do not receive your request for evidence by April 26, 2017, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Take a closer look at your I-485 and your I-864 and the supporting documents you submitted. Something is missing or you left something blank in the forms. It usually ends up being the I-864 so I guess something is wrong with that. You submitted the Tax Return with W2s and some paystubs or employer letter? Does your sponsor have enough income? 

 

This might (but not always does!) turn your waiting time back so zero because it's an RFIE and not RFE. Don't get immediately scared that others say it definitely turns your time back to 0 because there's been plenty of VJ members who had RFIEs and their timeline wasn't significantly different than others who didn't get one. Also since you got the RFIE so early it likely won't affect your application at all because USCIS doesn't usually start processing your application anyways until they have your biometrics and you haven't even had it yet. 

 

 

[Kalciaa 31]

I have a question.
I sent my documents on 3/8, they received in 3/10 and they sent them back because of error on I-485.
I fixed the error and sent it again immediately, they received it on 3/27.

Do you think I should be expecting NOA some time soon, rather than return of all the documents without any notification, like it happened last time? I was thinking that they may sent RFE or something after they initially send me NOA, but now I'm not sure. I also applied for the EAD the be expedited, because that's what most important to me right now. Can they process my EAD request while working on the rest, or does RFE stops everything?


Thanks,
Aga

[Soflatlndr 55]

1 hour ago, Kalciaa said:

I have a question.
I sent my documents on 3/8, they received in 3/10 and they sent them back because of error on I-485.
I fixed the error and sent it again immediately, they received it on 3/27.

Do you think I should be expecting NOA some time soon, rather than return of all the documents without any notification, like it happened last time? I was thinking that they may sent RFE or something after they initially send me NOA, but now I'm not sure. I also applied for the EAD the be expedited, because that's what most important to me right now. Can they process my EAD request while working on the rest, or does RFE stops everything?


Thanks,
Aga

They send all of your docs back because either you made a mistake on the form, which is your case, or because you didn't pay the proper fee.

You will get your NOA first, hopefully soon, since now you sent the docs back with no error.

 

Might get an RFIE (request for initial evidence, like missing birth certificate for example) or RFE (like proof of expected income from sponsor for example) for other reasons, and at a later time. If so, your case will be updated on uscis website and you will also receive a copy by mail.

 

As for the EAD, I am not sure but I think an RFE puts your application on hold until they get the response back. Also, if you're trying to expedite it, you must have a very good reason to do so, like financial hardship.  

 

Hope I could help!

 

Edited March 30, 2017 by Soflatlndr

[Nin&Way 69]

6 hours ago, TL2016 said:

Just got done at my biometrics appointment. Took me about an hour from start to finish and most of the time was spent waiting.

Good to know !! 1 step done !! Congrats 

[Californiansunset 336]

2 hours ago, Kalciaa said:

I have a question.
I sent my documents on 3/8, they received in 3/10 and they sent them back because of error on I-485.
I fixed the error and sent it again immediately, they received it on 3/27.

Do you think I should be expecting NOA some time soon, rather than return of all the documents without any notification, like it happened last time? I was thinking that they may sent RFE or something after they initially send me NOA, but now I'm not sure. I also applied for the EAD the be expedited, because that's what most important to me right now. Can they process my EAD request while working on the rest, or does RFE stops everything?


Thanks,
Aga

What @Soflatlndr said is all correct. If you get a RFE for your I-485 also the EAD processing is stopped as this is connected (that's why biometrics are done for both). 

 

If you didnt submit papers to prove financial hardship it's unlikely that your EAD gets expedited and if you don't have a co-sponsor I'd be careful about submitting hardship documents. If your partner is your primary sponsor you are trying to prove with your I-864 that he/she can support you and if you then say, you'd be suffering financial hardship if you don't get a job, it's kind of contradicting your I-864. 

EAD applications with just a job offer barely ever get expedited anymore, you need financial hardship. 

[Kalciaa 31]

51 minutes ago, Soflatlndr said:

They send all of your docs back because either you made a mistake on the form, which is your case, or because you didn't pay the proper fee.

You will get your NOA first, hopefully soon, since now you sent the docs back with no error.

 

Might get an RFIE (request for initial evidence, like missing birth certificate for example) or RFE (like proof of expected income from sponsor for example) for other reasons, and at a later time. If so, your case will be updated on uscis website and you will also receive a copy by mail.

 

As for the EAD, I am not sure but I think an RFE puts your application on hold until they get the response back. Also, if you're trying to expedite it, you must have a very good reason to do so, like financial hardship.  

 

Hope I could help!

 

Right before I sent my application my husband lost his job, so according to what we wrote on the application he's unemployed and currently my income is the only one for our household. With me getting a promotion and everything going on I figured "severe financial situation" will apply in this case. Also, I am employed by non-profit organization, so I used that argument in my letter as well.

Fingers crossed everything will go smooth this time.

 

We do have a supporting sponsor.

 

 

USCIS may expedite a petition or application if it meets one or more of the following criteria:

• Severe financial loss to company or person;
• Emergency situation;
• Humanitarian reasons;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
• Department of Defense or national interest situation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
• USCIS error; or
• Compelling interest of USCIS.

Edited March 30, 2017 by Kalciaa

[antoineD 36]

I just had my biometrics in San Francisco and it went as follows:

 

1. Drive 20mn for the 4mi trip

2. Attempt to find free or metered municipal parking for 30mn, then give up and opt for a garage

3. Explain that I am not my husband, but that we now share a last name, for 1mn

4. Have an ugly photo of me and my fingerprints taken for 3mn

 

All in all, not terrible :-)

 

Conclusion: learn how to parallel park!