F2A 2018 AOS Filers

[talad 25]

5 hours ago, metehiki said:

Hello dear friends,

 

Thanks for creating this forum. I am a green card holder since 2016. I have been knowing my wife since 2015. In 2017 she decided to come to US with F1 Student Visa and we wanted to live together. She came here in November 2017, we got married in December 2017, we filed I-130 in January 2018, our PD is 05JAN2018. I have a couple of questions. Our marriage is completely real and bona fide. We are planning to do AOS if Chart B will be current for us.

1) Is it going to be a problem for us at the time of interview? (like why did you come here as a student? why did you get married asap and file I-130?, did you have an immigration intent?)

If yes, how do we have to answer these type of questions to convince them? Yes, she wanted to study for sure, but of course the main goal was to live with me here in US.

 

2) Is 90 day rule applied to I-130 filing or only I-485? If yes, we have not filed I-485 yet, because Chart B is still in December 2017. So we may file in August or in September, whenever we are under cut-off date. 

Please share your opinions, experiences. It'd be very very helpful. And thanks a lot for your contributions.

Mete

Hi Mete,

Welcome to this forum. You'll find a lot of helpful and supportive friends here.

 

 

1) It is likely that the IO will be asking you about why you got married so quickly after your wife's arrival to the US. You may be questioned about her intent for acquiring a student visa as an F1 student visa is a non-immigrant visa. You may have to prove to the IO that your wife had no intent to immigrate at the time of her application for an F1 visa and at the time of her entry to the US with an F1 visa. Is your wife still enrolled? Showing that she is indeed studying and is actually interested in her studies would help.

 

2) I am not 100% sure, but I believe the 90 day rule applies only to adjustment of status.

 

I highly recommend hiring an attorney for you case, as the IO may grill you about how you got married just 1 month after your wife's arrival to the US.

 

Hope this helps! Best of luck!

 

 

[mpn123 2]

Thanks for creating this thread. It saved me so many tears. We recently filed I-130 and our application was unfortunately sent to CSC. When I saw that the processing time is 17 to 23 months, I literally started crying. My current status will expire by next summer so I thought I'd have to leave the country and be far away from my partner again (after already been in a long distance for several years because of work reasons). I'm so glad to learn from this thread that I can file for AOS even with a pending I-130. Just praying that the Visa Bulletin will be moving forward in a timely manner.  Thank you all for sharing your experience and fingers crossed for all of us!  

[Tenreyro 174]

Hi everyone, summer has been very busy. Right now it's kind of difficult to me to post on the forum, our laptop has probably a malfunction, and won't connect to the WiFi in my home, and LAN is not an option. And also, now my father in-law is staying with us a few days.

 

I went yesterday to the InfoPass. Good news/bad news. My case is still at NBC, shere it was  fkrst received. It is still not in my Local Office, he was unable to tell me if the security check had been completed, I told him I had a Certification of No Criminal Records from my country and he suggested me to send a copy of it to NBC, where they have my documents. About the medical, he told me I can send a copy of it to the local office when they receive my case.

 

My wife and I initially filed I-130 for Consular Processing, and after being approved, our case was sent to NVC, and we have been trying to get them to send it back to USCIS, but they take forever to answer. Long story short, we believe that might be an important reason why our case is not yet with our local office.

 

Thanks, would love to hear your thoughts about it.

 

Edit:

Bad news for me is the fact that the case is still at NBC

Edited July 12, 2018 by Tenreyro

[thepanda 87]

53 minutes ago, Tenreyro said:

Hi everyone, summer has been very busy. Right now it's kind of difficult to me to post on the forum, our laptop has probably a malfunction, and won't connect to the WiFi in my home, and LAN is not an option. And also, now my father in-law is staying with us a few days.

 

I went yesterday to the InfoPass. Good news/bad news. My case is still at NBC, shere it was  fkrst received. It is still not in my Local Office, he was unable to tell me if the security check had been completed, I told him I had a Certification of No Criminal Records from my country and he suggested me to send a copy of it to NBC, where they have my documents. About the medical, he told me I can send a copy of it to the local office when they receive my case.

 

My wife and I initially filed I-130 for Consular Processing, and after being approved, our case was sent to NVC, and we have been trying to get them to send it back to USCIS, but they take forever to answer. Long story short, we believe that might be an important reason why our case is not yet with our local office.

 

Thanks, would love to hear your thoughts about it.

 

Edit:

Bad news for me is the fact that the case is still at NBC

Just so I understand correctly: Your case is basically delayed because you and your wife initially filed for CP but since you changed to AOS unexpectedly it takes a lot of time to switch from CP to AOS, correct? 

[Tenreyro 174]

24 minutes ago, thepanda said:

Just so I understand correctly: Your case is basically delayed because you and your wife initially filed for CP but since you changed to AOS unexpectedly it takes a lot of time to switch from CP to AOS, correct? 

No, that's the theory my wife and I have. And normally it should take more than a month or so, but things are a little delayed in the part where NVC received the case. 

 

The officer actually said that the case looked normal, and nothing out of the ordinary.my theory was that it was either the security check or the NVC deal. I now doubt it is the security check.

 

I wanted to share to see if any of you filed for CP originally, and have already received the "ready for interview status".

Edited July 12, 2018 by Tenreyro

[Oanagmzo 8]

https://www.forbes.com/sites/stuartanderson/2018/06/01/uscis-policy-change-could-bar-many-international-students/#5e0d532e1600 

 

everyone, read this. There are changes going in effect starting aug 9th for F, M and J visa holders. Now I wonder if they affect every visa holder or if it will only apply to the cases starting aug 9th . 

[Bfree3 132]

@Tenreyro I'm very confused by your message. Is your package still at NBC or NVC? 

 

I know you're having issues with your internet and whats not. I'm hoping you get that all sorted out quickly and you're keeping busy anyway.

 

If package is at NVC, then I'm not shocked. I think I mentioned previously when you told us about this, that it does take some time before you get any response from NVC. I was also under the impression that USCIS had requested your package back from NVC. 

 

If your package is still at NBC, this is where it should be :to continue processing correct? especially after sending your rfe response. Is it that the package never left NBC to be sent to NVC as originally thought?

 

Either way, I'm keeping you in my prayers and we can only do what we have been doing... hoping,planning,praying and waiting.

 

Best wishes my friends.

 

 

[Tenreyro 174]

13 hours ago, Bfree3 said:

@Tenreyro I'm very confused by your message. Is your package still at NBC or NVC? 

 

I know you're having issues with your internet and whats not. I'm hoping you get that all sorted out quickly and you're keeping busy anyway.

 

If package is at NVC, then I'm not shocked. I think I mentioned previously when you told us about this, that it does take some time before you get any response from NVC. I was also under the impression that USCIS had requested your package back from NVC. 

 

If your package is still at NBC, this is where it should be :to continue processing correct? especially after sending your rfe response. Is it that the package never left NBC to be sent to NVC as originally thought?

 

Either way, I'm keeping you in my prayers and we can only do what we have been doing... hoping,planning,praying and waiting.

 

Best wishes my friends.

 

 

My case is divided between NVC and NBC. The part at NVC is post-action of I-130 approval. My AOS package is at NBC. A while before it is ready to be scheduled an interview, it should have been received by the local office, is what I understand, right?

[Bfree3 132]

11 hours ago, Tenreyro said:

My case is divided between NVC and NBC. The part at NVC is post-action of I-130 approval. My AOS package is at NBC. A while before it is ready to be scheduled an interview, it should have been received by the local office, is what I understand, right?

I have to do some more reading up on it but i was under the impression that once the package is requested and received by local office, it should be there until interview time. I’m wondering if I need to send a letter to say I’m doing aos , to circumvent them sending my 130 to nvc. 

[Tenreyro 174]

On 7/13/2018 at 6:36 PM, Bfree3 said:

I have to do some more reading up on it but i was under the impression that once the package is requested and received by local office, it should be there until interview time. I’m wondering if I need to send a letter to say I’m doing aos , to circumvent them sending my 130 to nvc. 

Yes, but I don't think I have a way to know if the package was requested by the local office. In fact, it would be distributed by NBC instead of requested by the local offices, since I don't think local offices would know the applicants they have, but just request more cases, and NBC would distribute, something like that.

 

The thing is, I sent two letters to NVC to try to circumvent that. If you are going to do it, don't send it to NVC, see if you can find something at USCIS

[Holly-ando 9]

Hello guys! 

Hope you're all having a great summer  I wanted to let you know i sent my AOS Package with Fedex Express on Thursday 12th after a long period of preparation and a lot of hesitation. I join the waiting hub now, hope it all turns out good for all of us. All the best!

[VG31 23]

Not sure how this is going to affect the applications going forward=

 

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

[Bfree3 132]

21 minutes ago, VG31 said:

Not sure how this is going to affect the applications going forward=

 

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

"This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests received after the effective date."

 

I think this is a very good practice because it will promote speed and stream line the process in the near future.

This will also encourage applicants to have all of their ducks in a row because you can now likely get denied for missing a single form. 

[VG31 23]

11 minutes ago, Bfree3 said:

"This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests received after the effective date."

 

I think this is a very good practice because it will promote speed and stream line the process in the near future.

This will also encourage applicants to have all of their ducks in a row because you can now likely get denied for missing a single form. 

@Bfree3That's correct but it also puts an applicant into a disadvantage in case if the officer feels that there is not enough information in the application to support the petition and in case of denial you will end up loosing all your fees including attorney fees. I understand everyone will try to provide complete information before submitting their application but there is always some chance you might end up missing any small piece of info and this is where the disadvantage will come into the picture.

[Bfree3 132]

I’m looking at the glass as half full.. @VG31 nobody’s perfect and the adjudicators know this and I’m sure they will attempt to use their judgment accordingly. I’m also sure they are tired and frustrated of being berated for having a backlogged system. I see this as progress. Future applicants will need to check, double check, triple check and additionally fine teeth comb through their applications to ensure accuracy and ultimately acceptance.