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Linda91

Married with an ESTA (tourist) visa

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Filed: AOS (pnd) Country: Canada
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On 8/31/2019 at 11:08 PM, Linda91 said:

Can I somehow describe my situation on the last page with free space for explanations? Or should i just leave without an explanation? It doesn't really give me an "option" to explain myself, like it does with few of the other questions. 

No need. They have a lot of experience with overstays. Overstays are forgiven in your situation. Nothing you say will help here. 

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"Immigrant intent", must be one of the most useless immigration laws ever, and being part of the American system only makes it stranger. If the "intent" is up to a single person to determine - when this person sees/talks to you for under a minute, and nobody after that gives it much consideration - what's the use of this part of the Immigration Law system? It renders down to just a simple guess and to show the system's supposed strength. 

"Intent" as such can only be scrutinized and determined by looking at the whole picture of events and choices from the person in question and by investigating those in a process - by the personnel at USCIS and by gather and sharing information from different parts of the authority system.
 
No one knows what anyone thinks, therefore it's the pattern of behavior and actions you must look at, over a period of time.

Trump has trumped up the system, thank god for him, but there is still a lot of odd things in it that doesn't fit with a country like America and pure logical thinking.

Edited by BarnDance
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Blame the past abuse for the tough stance on immigrant intent. It’s those who have violated the law by overstaying that created the need to presume that others will do the same.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 minute ago, geowrian said:

Blame the past abuse for the tough stance on immigrant intent. It’s those who have violated the law by overstaying that created the need to presume that others will do the same.

I am all for it. But it's useless in its current form, as a mind reader-tool. The presumption obviously doesn't lead anywhere when not considered beyond the CBP-men, and as part of the immigration-process.

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Filed: AOS (pnd) Country: Spain
Timeline
5 hours ago, Linda91 said:

Do we have to submit 2 photocopies for each form? Or can we submit 2 photocopies for all the forms since we'll send them as a package? 

Treat each form as if you were sending them separately. Each is processed by different agents. Otherwise, you'll get and RFE for the documents not included. I see many people complaining that they got RFEs for Birth Certificates, Marriage Certificates, etc that they had already sent with their original package, and it is because they did not send enough copies of them.

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Country: Sweden
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15 hours ago, MJMH said:

Treat each form as if you were sending them separately. Each is processed by different agents. Otherwise, you'll get and RFE for the documents not included. I see many people complaining that they got RFEs for Birth Certificates, Marriage Certificates, etc that they had already sent with their original package, and it is because they did not send enough copies of them.

That's what i was thinking. We only took 6 photocopies. I needed 6 but then my husband said he noticed he needed 2 of my photocopies too, and suggested i could just send 4. I guess I just have to go take new ones, nothing to discuss about. 

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  • 2 weeks later...
44 minutes ago, Linda91 said:

Our package reached USCIS on Wednesday a week ago, how long does it usually take to get an answer back from them? 

 

 

Typically a couple of weeks.  Sometime upto 2 months.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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  • 2 weeks later...
Country: Sweden
Timeline

We received notice of action form I-797C letters from uscis for the forms we sent. They didn't ask for any more information, just that they will give us an appointment for the biometrics by mail. Does that mean we got approved? Or are they still working with the documents? 

 

Thank you

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3 minutes ago, Linda91 said:

Or are they still working with the documents? 

Still working.    You will get a interview notice when they are ready.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: AOS (pnd) Country: Spain
Timeline
10 hours ago, Linda91 said:

We received notice of action form I-797C letters from uscis for the forms we sent. They didn't ask for any more information, just that they will give us an appointment for the biometrics by mail. Does that mean we got approved? Or are they still working with the documents? 

 

Thank you

This is just a normal part of the process. After your biometrics appointment, you'll have to wait quite a bit (between 3 to 12 months) depending on the field office. Then you'll get an appointment letter. At your appointment,  you'll be questioned some more along with your husband, and then the officer will make the decision on whether to approve you on the spot, tell you that he must take your case to his supervisor, etc. They have 180 days to respond with an approval or denial of your I485. You may get RFE (requests for further evidence) either before or after your appointment.  This is also normal, so don't worry too much about it. Not everyone gets them though, every single case is differente than the next, not all circumstances are the same in every case.

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  • 1 month later...
Country: Sweden
Timeline

Does anyone know if I could possibly get an American driver's license while still waiting for the appointment for the interview? I took the biometrics a few weeks ago. I already got a swedish driver's license. 

Edited by Linda91
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1 hour ago, Linda91 said:

Does anyone know if I could possibly get an American driver's license while still waiting for the appointment for the interview? I took the biometrics a few weeks ago. I already got a swedish driver's license. 

It varies by state. In California, you can't drive using the Swedish DL because you are a resident of California for driving purposes: https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/howto/htvr33 Before getting the EAD or GC you can only get an AB 60 DL: https://www.dmv.ca.gov/portal/dmv/detail/ab60

Edited by HRQX
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