January 2018 AOS Filers

[troika 307]

1 hour ago, Stt said:

Yes it will have the dhs stamp on there untill you get the greencard to remove it

strange, the lady at my AOS interview today said that the DHS authorization stays on your social security until you become a citizen, maybe she misunderstood me ?

 

[A&H2018 146]

17 minutes ago, troika said:

strange, the lady at my AOS interview today said that the DHS authorization stays on your social security until you become a citizen, maybe she misunderstood me ?

 

She must not know difference between permanent and temporary. Dont worry she was wrong.

[Shalom12528 14]

is the Biometrics exam appointment the same as the medical appointment??? I think my biometric appointment is called ASC appointment... I am so confused... 

[Stt 218]

2 hours ago, troika said:

strange, the lady at my AOS interview today said that the DHS authorization stays on your social security until you become a citizen, maybe she misunderstood me ?

 

She's probably new or may have misunderstood your question but dont worry as soon as u have your gc take it to ssa to get the stamp removed

[Stt 218]

27 minutes ago, Shalom12528 said:

is the Biometrics exam appointment the same as the medical appointment??? I think my biometric appointment is called ASC appointment... I am so confused... 

The biometrics appointment is at the ASC it is where they take your pic and fingerprint. The medical is completely different and usually submitted along with your AOS package

[Shalom12528 14]

2 minutes ago, Stt said:

The biometrics appointment is at the ASC it is where they take your pic and fingerprint. The medical is completely different and usually submitted along with your AOS package

Oh okay thank you!

[Jjjb 13]

15 hours ago, Stt said:

Yes it will have the dhs stamp on there untill you get the greencard to remove it

Oh okay! Glad I asked before I went back there. 

 

Thank you! 

[Stt 218]

2 minutes ago, Jjjb said:

Oh okay! Glad I asked before I went back there. 

 

Thank you! 

You're welcome!!

[Itssimons 122]

@TearsOfBabylon We seem to have the same local office I think. Have you had your interview or scheduled already? There seems to be a surge in the issuance of interview notices for November and December filers lately and I’ve been wondering what’s the heck is going on in our local office especially with K1 applicants

[CaroLeh 15]

My GC should be coming in the mail this Sat!!!  wohoooo 

[Journey to Wells 20]

Hey everyone!

 

It's been awhile since I updated, so here it goes...

 

After having a horrific initial interview on May 16th (we were separated, told our marriage wasn't bona fide, read letters my mother sent them claiming all sorts of fraud...), we received two NOIDs- one for my I-130 and one for his I-485. Both were written the 22nd, postmarked the 7th, and received the 11th (we didn't get his till the 14th). We had 30 days from the WRITTEN date to respond, meaning we had less than a week to respond to my husband's since his due date fell on a Sunday.  Luckily, I already had most of the evidence scrapped together that proved our bona-fide marriage (their primary issue was they didn't see enough co-mingling finances so I sent in 6 months checking AND savings bank statements, joint credit cards, joint renewed lease, joint utilities, joint vet bills, joint vacations, joint renters insurance, etc etc). However, what I was not expecting, was to be told that we both committed fraud, misrepresentation, forgery, and perjury! My mother denied she ever signed an Affidavit of Support, but thanks to some screenshots, I had some evidence that said otherwise...

 

Anyway, we mailed our responses back. My I-130, Petition for an Alien Relative, went to our local field office in Omaha, and his AOS application went to California... Both were received two days before the deadline. I just got a letter last night saying my I-130 has been approved!!! I'm hoping that means his AOS will also be approved, since their primary issue was the belief we committed fraud... So. Yeah

 

There's the update! I successfully fought off one NOID with no attorney help (we haven't had an attorney at all throughout this process...) and just waiting to hear back on the other NOID.

[Amainzing 18]

Well this is a bittersweet moment, my EAD arrived today but despite me sending off for AP at the same time, my card does not have that included (says at the bottom 'not valid for reentry to US'). Unless I am mistaken there is not much I can do about that, so I assume I'll have to wait until I receive my GC. Annoying as I was hoping to travel but a good thing that we didn't book anything yet I suppose. Still, a day to celebrate!

[lafe4c 92]

10 hours ago, Journey to Wells said:

Hey everyone!

 

It's been awhile since I updated, so here it goes...

 

After having a horrific initial interview on May 16th (we were separated, told our marriage wasn't bona fide, read letters my mother sent them claiming all sorts of fraud...), we received two NOIDs- one for my I-130 and one for his I-485. Both were written the 22nd, postmarked the 7th, and received the 11th (we didn't get his till the 14th). We had 30 days from the WRITTEN date to respond, meaning we had less than a week to respond to my husband's since his due date fell on a Sunday.  Luckily, I already had most of the evidence scrapped together that proved our bona-fide marriage (their primary issue was they didn't see enough co-mingling finances so I sent in 6 months checking AND savings bank statements, joint credit cards, joint renewed lease, joint utilities, joint vet bills, joint vacations, joint renters insurance, etc etc). However, what I was not expecting, was to be told that we both committed fraud, misrepresentation, forgery, and perjury! My mother denied she ever signed an Affidavit of Support, but thanks to some screenshots, I had some evidence that said otherwise...

 

Anyway, we mailed our responses back. My I-130, Petition for an Alien Relative, went to our local field office in Omaha, and his AOS application went to California... Both were received two days before the deadline. I just got a letter last night saying my I-130 has been approved!!! I'm hoping that means his AOS will also be approved, since their primary issue was the belief we committed fraud... So. Yeah

 

There's the update! I successfully fought off one NOID with no attorney help (we haven't had an attorney at all throughout this process...) and just waiting to hear back on the other NOID.

so so happy for you!!!. All will turn out well by God's grace.

[lafe4c 92]

Hi guys, please be aware of the upcoming changes to the existing policies... for those who will be applying or submitting any additional application, please be thorough in your compilations of documents as any omission may result into denial... Pls find below:

 

 

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

Versión en español

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. 

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”  

The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.

The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.  

USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated. 
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

This PM updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator’s Field Manual and contains an “additional considerations” section. The policy in this “additional considerations” section is not new, and is nearly identical to the policy contained in the superseded 2013 PM. 

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).

Last Reviewed/Updated: 07/13/2018

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

Edited July 14, 2018 by lafe4c

[twoDs 590]

Checking in, since it's been a while. Still no interview notice on the I-485, however the EAD/AP card

was used successfully to re-enter the country after visiting friends abroad. Customs was bit

confused how to handle it (I guess they don't get many people coming in on APs) but it worked.

 

We're at day 195. I looked up the few I-485s for K1s for our office, and only one I-485 has

been approved this year (in May, you know who you are ) The last three approvals before

that were all late 2017 and took about 9-10 months, so I guess we'll keep waiting.

 

Thank god we filed for EAD/AP. I can't imagine how hard it would be being trapped.