Anyone with J-1/ F-1 who filed for AOS (marriage-based) in 2016 & 2017?

[LaughingBuddha 64]

19 minutes ago, tamaara said:

Yay San Bernardino office! Congratulations!

Very good suggestions too.

Aweee thank you tamaara, I actually red your review before my interview it was very helpful for me. thank you for shaing!!:)

 

[AAA0914 0]

On 7/14/2017 at 2:09 PM, strider4 said:

Here's thee USCIS fee structure for forms:

https://www.uscis.gov/forms/our-fees

Please note they make changes from time to time.

It cost us $535 for the I-130 and $1225 (biometrics fee $85+ form fee $1140) for the I-485. We also retained a lawyer so that's separate expense. Yes, I applied for the EAD and AP; there's no fee for both of them as long as you file them together with your I-130 and I-485 packet.

 

You might want to consult a lawyer if your J-1 is running out, as in my case I had applied for a 2-year rule waiver and I'm not sure what's the case with J-1s who don't have the 2-year rule applicable upon them. People who come on visit visas and then due to change in circumstances, file for a green card, are able to stay while their application is pending decision. I was told I cannot stay in the country like such nonimmigrant visa holders and therefore my application must be adjudicated before I run out of J-1 status.

Secondly, I cannot use my EAD and AP as that would violate my J-1 status and bar me from registering at my university as well as working on campus. Our lawyer just made us do it so that she was able to gauge if they're touching our case from time to time.

 

Therefore, you'd have to discuss your J-1 circumstances with a lawyer just to be sure you can stay while your application is pending.

 

As for filing, I don't think retaining a lawyer is necessary since it's a straightforward process, unless it involves a complicated history.

Hello! Came across your post and it says:

”Secondly, I cannot use my EAD and AP as that would violate my J-1 status and bar me from registering at my university as well as working on campus...” 

 

May I know why you can’t use your ead and ap if you have J-1? Thanks

[strider4 43]

13 hours ago, AAA0914 said:

Hello! Came across your post and it says:

”Secondly, I cannot use my EAD and AP as that would violate my J-1 status and bar me from registering at my university as well as working on campus...” 

 

May I know why you can’t use your ead and ap if you have J-1? Thanks

I got to know this a few weeks back that actually I can use it. My lawyer had told me at first that I cannot, if I want to keep my student status intact. I misunderstood it as I cannot use it  under any circumstances. I can use my travel permit but that would end my J-1 status and the university would consider me "PR-pending".

I was being asked to keep my J-1 intact incase the interview outcome not in our favor (but we have been married for 3+ so hopefully that would not be an issue) I'd have my J-1 status to fall back on. But if the interview outcome is negative while being "PR-pending" I'd be asked to leave the country immediately, regardless of my degree enrollment. But I can use my EAD as long as it's for my university employment. I cannot use it for an internship off-campus or they'll not let me enroll.

Edited October 2, 2017 by strider4

[AAA0914 0]

4 minutes ago, strider4 said:

I got to know this a few weeks back that actually I can use it. My lawyer had told me at first that I cannot, if I want to keep my student status intact. I misunderstood it as I cannot use it  under any circumstances. I can use my travel permit but that would end my J-1 status and the university would consider me "PR-pending".

I was being asked to keep my J-1 intact incase the interview outcome not in our favor (but we have been married for 3+ so hopefully that would not be an issue) I'd have my J-1 status to fall back on. But if the interview outcome is negative while being "PR-pending" I'd be asked to leave the country immediately, regardless of my degree enrollment. But I can use my EAD as long as it's for my university employment. I cannot use it for an internship off-campus or they'll not let me enroll.

Hey! Thanks for your response. If I may ask, is your spouse an american citizen? 

 

And I see that your J-1 is for exchange student. My J-1 is for teacher-exchange. 

 

 

[asprila94 0]

Hello everyone,

 

I am currently on F-1 OPT. OPT expires October 13, 2017. On March 2017, I married a U.S. citizen. We filed AOS package and Travel documents on June 30, 2017 at NBC.

 

Here’s my timeline:

30-Jun-2017	Filed AOS package and Travel Document
5-Jul-2017	USCIS received fingerprint fee for I-485
6-Jul-2017	Received I-797 Receipt Notices
15-Jul-2017	Received Appointment for Biometrics Notice
26-Jul-2017	Received RFE Notice (I-130A. Somehow lawyer forgot to send it together with AOS package). Sent the I-130A on Sept 28.
3-Aug-2017	Did Biometrics
8-Aug-2017	RFE (I-130A) was received by USCIS
11-Sep-2017	Called USICS to expedite EAD
12-Sep-2017	USCIS: Expedite request was assigned to an officer. Referral ID: T1*****. We sent a response to your request to have your case expedited. Another update: your request to have your case expedited was completed
18-Sep-2017	Called USCIS regarding the expedited case status. Told me they sent an email requesting proof of severe financial loss on September 13. But I did not get the email. So turned out there was a misunderstanding in communication. Officer whom I spoke with on Sept 11 misspelled my email address.
20-Sep-2017	Sent a fax asking for congressman’s help regarding EAD case.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

29-Sept-2017              Checked my EAD’s status. Got a new update: New Card is Being Produced. “On                                                    September 29, 2017, we ordered your new card for Receipt Number MSC***, and will                                          mail it to the address you gave us.

 

I have couple of questions:

1.      How long does it take to get my EAD card after this update? Does it mean my Travel document is approved as well? I plan to travel at the end of December so I am a little bit worried if it’s not approved.

2.      Do you think my I-485 process reset to August 8^th? And does it mean my AOS is approved? I have not received any updates for I-130 and I-131 (Last update: Case was Received) and the last update for I-485 is Response To USCIS' Request For Evidence Was Received.

 

                                                                                                                                                                                

[sweetadams 138]

21 minutes ago, asprila94 said:

Hello everyone,

 

I am currently on F-1 OPT. OPT expires October 13, 2017. On March 2017, I married a U.S. citizen. We filed AOS package and Travel documents on June 30, 2017 at NBC.

 

Here’s my timeline:

30-Jun-2017	Filed AOS package and Travel Document
5-Jul-2017	USCIS received fingerprint fee for I-485
6-Jul-2017	Received I-797 Receipt Notices
15-Jul-2017	Received Appointment for Biometrics Notice
26-Jul-2017	Received RFE Notice (I-130A. Somehow lawyer forgot to send it together with AOS package). Sent the I-130A on Sept 28.
3-Aug-2017	Did Biometrics
8-Aug-2017	RFE (I-130A) was received by USCIS
11-Sep-2017	Called USICS to expedite EAD
12-Sep-2017	USCIS: Expedite request was assigned to an officer. Referral ID: T1*****. We sent a response to your request to have your case expedited. Another update: your request to have your case expedited was completed
18-Sep-2017	Called USCIS regarding the expedited case status. Told me they sent an email requesting proof of severe financial loss on September 13. But I did not get the email. So turned out there was a misunderstanding in communication. Officer whom I spoke with on Sept 11 misspelled my email address.
20-Sep-2017	Sent a fax asking for congressman’s help regarding EAD case.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

29-Sept-2017              Checked my EAD’s status. Got a new update: New Card is Being Produced. “On                                                    September 29, 2017, we ordered your new card for Receipt Number MSC***, and will                                          mail it to the address you gave us.

 

I have couple of questions:

1.      How long does it take to get my EAD card after this update? Does it mean my Travel document is approved as well? I plan to travel at the end of December so I am a little bit worried if it’s not approved.

2.      Do you think my I-485 process reset to August 8^th? And does it mean my AOS is approved? I have not received any updates for I-130 and I-131 (Last update: Case was Received) and the last update for I-485 is Response To USCIS' Request For Evidence Was Received.

 

                                                                                                                                                                                

It means your EAD/AP card is approved and you should get it roughly within two weeks or less.  Your I-485 was NOT approved but was paused because of the RFE. Most I-130 filed concurrently with I-485 will be approved on the day of interview(provided your case was approved by the IO). The processing time for your I-485 depends on the field office handling your case. Right now I would suggest you concentrate on just working and waiting patiently. 

Good luck

[strider4 43]

4 hours ago, AAA0914 said:

Hey! Thanks for your response. If I may ask, is your spouse an american citizen? 

 

And I see that your J-1 is for exchange student. My J-1 is for teacher-exchange. 

 

 

Precisely! I still have time in graduation which is why my lawyer and school emphasized that I keep my J-1 intact so that my degree remains unaffected.

 

Yes, to your question: he's a USC. 

[asprila94 0]

On 10/2/2017 at 3:36 PM, sweetadams said:

It means your EAD/AP card is approved and you should get it roughly within two weeks or less.  Your I-485 was NOT approved but was paused because of the RFE. Most I-130 filed concurrently with I-485 will be approved on the day of interview(provided your case was approved by the IO). The processing time for your I-485 depends on the field office handling your case. Right now I would suggest you concentrate on just working and waiting patiently. 

Good luck

I received my approval notice on October 5th for the EAD and Travel Document. Then the next day, I got the combo card! YAY! 

[Abhi138 20]

On 10/2/2017 at 3:29 PM, strider4 said:

Precisely! I still have time in graduation which is why my lawyer and school emphasized that I keep my J-1 intact so that my degree remains unaffected.

 

Yes, to your question: he's a USC. 

 

hello,

 

Have you heard back about your case  from any of the officers.

[strider4 43]

22 hours ago, Abhi138 said:

 

hello,

 

Have you heard back about your case  from any of the officers.

I was able to put in a Service Request online after the 180 day mark, but the SR still hasn't been assigned to any officer yet. And my status is still the same: "Fingerprint fee received". Calling them is of no use at all, they parrot back the same information that we already know.

How about you? 

[sweetadams 138]

16 minutes ago, strider4 said:

I was able to put in a Service Request online after the 180 day mark, but the SR still hasn't been assigned to any officer yet. And my status is still the same: "Fingerprint fee received". Calling them is of no use at all, they parrot back the same information that we already know.

How about you? 

Did you ask to speak with a tier 2 officer?

[Abhi138 20]

On 10/27/2017 at 11:39 AM, strider4 said:

I was able to put in a Service Request online after the 180 day mark, but the SR still hasn't been assigned to any officer yet. And my status is still the same: "Fingerprint fee received". Calling them is of no use at all, they parrot back the same information that we already know.

How about you? 

Same here but eventually I was able to speak to a tier 2 officer. She was very polite and even took a few minutes to go over my case and told me that my case was still at NBC and pending background checks. According to her AOS cases generally take about 9-12 months to be processed and asked me to call back in December to verify the status of the case. I'll wait until December to raise a SR online.

[SnowFox505 0]

I have a question for all J1 filers who *weren't* held to the 2 year home rule. 

Submitting an application with my husband, who is on a J1 with no home rule, and it says so on his visa. I'm assuming that the fact that is says this on his visa is the "proof" that he isn't eligible for this correct?   Just want to make sure we aren't missing something.  We have his DS2019 to submit as well, but he had lost his original DS2019 earlier this year and had to get it replaced, so the copy doesn't have the box checked for whether the 2 year rule applies or doesn't apply.   But I'm hoping that because it says it on his Visa that should be good enough?
Thanks for your help!!

[cosmonauts 125]

8 minutes ago, SnowFox505 said:

I have a question for all J1 filers who *weren't* held to the 2 year home rule. 

Submitting an application with my husband, who is on a J1 with no home rule, and it says so on his visa. I'm assuming that the fact that is says this on his visa is the "proof" that he isn't eligible for this correct?   Just want to make sure we aren't missing something.  We have his DS2019 to submit as well, but he had lost his original DS2019 earlier this year and had to get it replaced, so the copy doesn't have the box checked for whether the 2 year rule applies or doesn't apply.   But I'm hoping that because it says it on his Visa that should be good enough?
Thanks for your help!!

Where is his funding coming from? UK isn't on the skills list so you're safe on that side.

If funding is private (university or his own) he shouldn't be subject. If there's government funding (from either government) he might be. If he's Fullbright he definitely is.

[SnowFox505 0]

1 minute ago, tamaara said:

Where is his funding coming from? UK isn't on the skills list so you're safe on that side.

 

He is on a J1 Trainee visa, working for a private company in marketing, receiving a salary. No Government funding.  Since his visa says on it "no 2 year required"  I'm just making sure that by submitting a copy of the visa, that's good enough to show that it isn't applicable. Thanks!