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Koni10

I-864 and old J-1 lost DS-2019

By Koni10 in Adjustment of Status Case Filing and Progress Reports

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Koni10 Apprentice

Koni10   22

Posted
Filed: AOS (pnd) Timeline
Posted

Hello! 

 

I am preparing a packet of AOS, and have two questions. I tried looking around, but can't find a discussion specifically about my concerns. 

I am going to file family-based AOS, I currently have H-1B. 

 

#1) I need to prove that I am not subject to the 2-year requirement from my old J1. I was a J1 student in 2004-2005, and I don't have DS-2019 from that time. I have contacted the school I studied, they don't have it. DOS advisory opinions needs DS-2019, so I can't use. I sent FOIA request (I don't know if I even fully understand what it is, it was new to me) yesterday, but as of today (2/21/2018) I haven't received even a confirmation or anything, so I am not even sure if my request has been sent. My question is, whether it is not a good idea to just send the copy of my visa sticker in the passport and all other previous non-immigrant visa forms, I-20 and I-797 from old F1 and H1B. It does say that I am not subject to the 2-year requirement. But it seems like in most cases the visa in the passport is insufficient, and you are asked to submit either the DS-2019 or proof from DOS. I have received H-1B with no problem in the past multiple times, and was wondering if that's enough, because I wouldn't be allowed to get H-1B if 2-year requirement applies to me. (And I am completely sure that I am not subject to the 2-year requirement.) 

 

#2) My USC husband must fill out the form I-864, but his income is not sufficient. Since my work is a term contract, we won't use my income. His father is willing to sign as a joint-sponsor. The question is how much details we need on the primary sponsor's income, which isn't even sufficient. He is not employed full-time, but works as an independent contractor, and receives his VA benefit for his education, so does have income. He does file tax, and has tax forms. But when he puts his projected income for this year, I read somewhere that we should provide a job letter or some type of document that certifies his expected income. In his case, we will have to ask whoever working with him to sign such a letter, and also submit a letter that states how much he receives from GI Bill. But I don't know if that's even required since we know his income won't be sufficient. Does it work like, if we have a joint-sponsor, they completely ignore primary sponsor's income, or should we submit any related documents to prove his "insufficient" income? 

 

If anybody here can provide me with some tips, that'd be greatly appreciated!! Thanks!

Marriage-based AOS from H1B

(Employer filed H1B extension before I filed AOS with spouse)

4/4/2018: AOS package (I-130, I-485, AP & EAD) sent

4/6/2018: at 5:00 arrived at Chicago office

4/15/2018: Sunday at 22:30, received email/text notification

4/19/2018: NOA (I-130, I-485, AP&EAD) arrived in mail

4/20/2018: Biometrics app letter arrived in mail

5/4/2018: Biometrics done 

5/7/2018 (p.m.): I-485 and I-765 Status changed to "Fingerprint Review Was Completed"

5/9/2018 (p.m.): I-485 status changed to "Case is Ready to Be Scheduled for An Interview"

8/20/2018 (p.m.): I-765 status changed to "New Card Is Being Produced" 

8/24/2018: Received combo card in mail

11/13/2018: Online status says "Interview was scheduled"

11/19/2018: Interview notice in mail

12/03/2018: Online status changed back to "Case is Ready to Be Scheduled for An Interview" once again, I freaked out

12/18/2018: Attended the interview, approved on spot, status changed to "Card is being produced" within an hour

12/21/2018: "Card was mailed to me"

 

H1B extension (employer) at the same time as marriage-based AOS

3/23/2018: "Case Was Received"

10/16/2018: Approval letter arrives at the employer's office, online status still not updated 

 

Koni10 Apprentice

Koni10   22

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Does anybody has an advice please? 

Marriage-based AOS from H1B

(Employer filed H1B extension before I filed AOS with spouse)

4/4/2018: AOS package (I-130, I-485, AP & EAD) sent

4/6/2018: at 5:00 arrived at Chicago office

4/15/2018: Sunday at 22:30, received email/text notification

4/19/2018: NOA (I-130, I-485, AP&EAD) arrived in mail

4/20/2018: Biometrics app letter arrived in mail

5/4/2018: Biometrics done 

5/7/2018 (p.m.): I-485 and I-765 Status changed to "Fingerprint Review Was Completed"

5/9/2018 (p.m.): I-485 status changed to "Case is Ready to Be Scheduled for An Interview"

8/20/2018 (p.m.): I-765 status changed to "New Card Is Being Produced" 

8/24/2018: Received combo card in mail

11/13/2018: Online status says "Interview was scheduled"

11/19/2018: Interview notice in mail

12/03/2018: Online status changed back to "Case is Ready to Be Scheduled for An Interview" once again, I freaked out

12/18/2018: Attended the interview, approved on spot, status changed to "Card is being produced" within an hour

12/21/2018: "Card was mailed to me"

 

H1B extension (employer) at the same time as marriage-based AOS

3/23/2018: "Case Was Received"

10/16/2018: Approval letter arrives at the employer's office, online status still not updated 

 

  • 4 years later...
TBoneTX Grand Master

TBoneTX   45,598

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

The OP hasn't signed onto VJ for over 3 years.  Old thread is now closed.  The most recent poster is welcome to start a new thread.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
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