June 2020 AOS Filers

[CanadianTank 9]

12 hours ago, Blanca&Ivan said:

Today, I received my letter for a biometric appointment in the mail with date of 01/16/2021.
My appointment will be on February 12th.

PD: June 18 2020.

Denver, Colorado.

🥳

 

20 hours ago, pigrew said:

Our Indianapolis biometrics has been scheduled.

 

We contacted Indiana Senator Young's office about delays in biometrics for our I-485 and I-765 (Indianapolis ASC). A week later (on 22 Jan 2020), we were scheduled for 8AM in the middle of February. The senator's office emailed us a receipt notice which was for both the I-485 and I-765. Since it was scheduled for 8AM, my guess is that it was manually scheduled or prioritized somehow due to the congressional inquiry. The other possibility is that USCIS suddenly realized what they're doing is illegal and won't be tolerated by the Biden administration, so they've quickly cleaned up their act.

 

We had also filed service requests on the I-131 and I-765, but got no reply on either. My feeling is that they are unable to reply to service requests as quickly as people are creating them, so nobody is getting responses.

 

I'm most certainly not a morning person. I think we'll have to leave our house at 5:45 AM. Hopefully the weather won't be too bad. We'd normally just get a hotel room closer, but that's a big risk due to SARS-Cov-2.

 

 

Hurrah! It's a bit slow, but progress is progress 

[Shan181 59]

Hey @SusnOwen did you get any updates regarding the interview.

 

Today all of a sudden I got this update 

 

 

I never got an interview notification nor my case was on "ready to schedule an interview" stage. I heard another friend of mine from CT also got this this morning. I am sure it was a mistake from their side. Hope they resolve it sooner.

[Nastya_7smile 97]

INTERVIEW WAS SCHEDULED!!!!

I am so happy about that!!!

PD June 5, 2020

Biometric January,4, 2021

EAD status is still Case was updated to shown fingerprints were taken. I don’t need it now anyway

Kansas City, MO

[akma 3]

On 1/26/2021 at 11:39 AM, pigrew said:

Our Indianapolis biometrics has been scheduled.

 

We contacted Indiana Senator Young's office about delays in biometrics for our I-485 and I-765 (Indianapolis ASC). A week later (on 22 Jan 2020), we were scheduled for 8AM in the middle of February. The senator's office emailed us a receipt notice which was for both the I-485 and I-765. Since it was scheduled for 8AM, my guess is that it was manually scheduled or prioritized somehow due to the congressional inquiry. The other possibility is that USCIS suddenly realized what they're doing is illegal and won't be tolerated by the Biden administration, so they've quickly cleaned up their act.

 

We had also filed service requests on the I-131 and I-765, but got no reply on either. My feeling is that they are unable to reply to service requests as quickly as people are creating them, so nobody is getting responses.

 

I'm most certainly not a morning person. I think we'll have to leave our house at 5:45 AM. Hopefully the weather won't be too bad. We'd normally just get a hotel room closer, but that's a big risk due to SARS-Cov-2.

 

Do you mean it’s illegal if USCIS received our AOS on June 5 and we’re still waiting for biometrics appointment? Where can I find the proof it’s illegal? I need to send some more information to my congressman... 

 

We sent a letter to our congressman at the end of December. I just got an email from him yesterday: 

 

“Thank you for contacting me for assistance. I appreciate the opportunity to address your concerns.

In order to properly assist you, I will need you to complete the attached Information Release Form to ensure that I have your permission to initiate an inquiry on your behalf. The Federal Privacy Act of 1974 (Public Law 93-579), prohibits the disclosure by federal agencies of confidential information concerning your affairs without your written authorization.

In addition, please clearly describe your issue in writing and provide supporting documentation that is relevant to your case so that I can present this information to the proper agency.” 
 

So what other documentation should we provide? We sent a copy of our I-797C notice when we first contacted him.
I’m losing all hopes. 

[SusnOwen 160]

On 1/27/2021 at 2:58 PM, Shan181 said:

Hey @SusnOwen did you get any updates regarding the interview.

 

Today all of a sudden I got this update 

 

 

I never got an interview notification nor my case was on "ready to schedule an interview" stage. I heard another friend of mine from CT also got this this morning. I am sure it was a mistake from their side. Hope they resolve it sooner.

Oh wow, Shan!  I just double checked in a panic, and we are still waiting for an interview.  Did you call and figure out what is going on?

[E_pluribus_unum 73]

My Spouse (beneficiary) has a letter from USCIS coming today (USPS Informed Delivery) but there are no updates on the website to show what it might be. I am really hoping it is biometrics or something good. 

[E_pluribus_unum 73]

2 hours ago, E_pluribus_unum said:

My Spouse (beneficiary) has a letter from USCIS coming today (USPS Informed Delivery) but there are no updates on the website to show what it might be. I am really hoping it is biometrics or something good. 

It was for her biometrics!!!

 

I officially have a biometrics letter for February 17 at 1pm for the I-485 and I-765! 

 

Things are finally moving 

[pigrew 34]

On 1/28/2021 at 7:02 PM, akma said:

Do you mean it’s illegal if USCIS received our AOS on June 5 and we’re still waiting for biometrics appointment? Where can I find the proof it’s illegal? I need to send some more information to my congressman... 

  

I was exaggerating a bit. I have not seen a law stating that they have any sort of deadline to issue biometrics. But, YouTube-lawyer Jim Hacking advertises that you should sue USCIS if you have not gotten your PR card within 12 to 18 months. https://asistahelp.org/wp-content/uploads/2019/02/Mandamus-Actions-Avoiding-Dismissal.pdf is a summary I just found online talking about if the government has a duty to make a discretionary decision (such as granting an EAD). I've not heard of any success is forcing EAD issuance except in cases of asylum.

My personal feeling is that it isn't worth it to sue them for an EAD (except perhaps as part of a class-action). I expect USCIS will speed up in the next few months due to the Biden administration. It'll cost you a few thousand dollars to file a suit, it's better to attack regarding the green card than the EAD.

 

On 1/28/2021 at 7:02 PM, akma said:

We sent a letter to our congressman at the end of December. I just got an email from him yesterday: 

 

“Thank you for contacting me for assistance. I appreciate the opportunity to address your concerns.

In order to properly assist you, I will need you to complete the attached Information Release Form to ensure that I have your permission to initiate an inquiry on your behalf. The Federal Privacy Act of 1974 (Public Law 93-579), prohibits the disclosure by federal agencies of confidential information concerning your affairs without your written authorization.

In addition, please clearly describe your issue in writing and provide supporting documentation that is relevant to your case so that I can present this information to the proper agency.” 
 

So what other documentation should we provide? We sent a copy of our I-797C notice when we first contacted him.
I’m losing all hopes. 

 

We didn't give any documents to them (other than the release form). We didn't say that we needed expediting. We gave them our receipt numbers, filing dates, and a message saying that it's taking unreasonably long for receive our EAD, that we have not yet had biometrics, that we did reply promptly to a RFIE, and that we got no response to service requests submitted directly to USCIS. Clearly state your basis of immigration, that you've submitted an I-485 and I-765 >6months ago, and that its taking unreasonably long for them to process your AP/EAD. We also suggested that lawmakers could remove the requirement of biometrics before EAD issuance or make some other legislative or administrative change to USCIS so that the process would go more smoothly. Make sure that you sign and submit the release form.

[akma 3]

35 minutes ago, pigrew said:

  

I was exaggerating a bit. I have not seen a law stating that they have any sort of deadline to issue biometrics. But, YouTube-lawyer Jim Hacking advertises that you should sue USCIS if you have not gotten your PR card within 12 to 18 months. https://asistahelp.org/wp-content/uploads/2019/02/Mandamus-Actions-Avoiding-Dismissal.pdf is a summary I just found online talking about if the government has a duty to make a discretionary decision (such as granting an EAD). I've not heard of any success is forcing EAD issuance except in cases of asylum.

My personal feeling is that it isn't worth it to sue them for an EAD (except perhaps as part of a class-action). I expect USCIS will speed up in the next few months due to the Biden administration. It'll cost you a few thousand dollars to file a suit, it's better to attack regarding the green card than the EAD.

 

 

We didn't give any documents to them (other than the release form). We didn't say that we needed expediting. We gave them our receipt numbers, filing dates, and a message saying that it's taking unreasonably long for receive our EAD, that we have not yet had biometrics, that we did reply promptly to a RFIE, and that we got no response to service requests submitted directly to USCIS. Clearly state your basis of immigration, that you've submitted an I-485 and I-765 >6months ago, and that its taking unreasonably long for them to process your AP/EAD. We also suggested that lawmakers could remove the requirement of biometrics before EAD issuance or make some other legislative or administrative change to USCIS so that the process would go more smoothly. Make sure that you sign and submit the release form.

Thanks, we did that, we explained that my husband arrived on a K1 visa and we gave them the exact dates of all the steps, we also included a copy of I-797C and a copy of my employer’s medical insurance asking us to provide my husband’s SSN... I also mentioned again that I’m an RN, provide care to Covid patients and may easily infect my husband, therefore it’s of utmost importance for me to make sure he has medical insurance.
This “frontline hero” is sick of USCIS... 

Honestly I don’t understand why K1 AOS applicants should have biometrics here, they already had their biometrics done at the US embassy before the K1 visa was issued. 

[HRQX 4,145]

19 minutes ago, akma said:

a copy of my employer’s medical insurance asking us to provide my husband’s SSN...

You should still challenge the insurance company's SSN request since SSN is not required per the law. https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company "You should advise your coverage provider that you do not have an SSN or TIN and give them the date of birth for each covered individual."

[SusnOwen 160]

11 hours ago, akma said:

Thanks, we did that, we explained that my husband arrived on a K1 visa and we gave them the exact dates of all the steps, we also included a copy of I-797C and a copy of my employer’s medical insurance asking us to provide my husband’s SSN... I also mentioned again that I’m an RN, provide care to Covid patients and may easily infect my husband, therefore it’s of utmost importance for me to make sure he has medical insurance.
This “frontline hero” is sick of USCIS... 

Honestly I don’t understand why K1 AOS applicants should have biometrics here, they already had their biometrics done at the US embassy before the K1 visa was issued. 

We had a bit of an issue with enrolling my husband - All it took was a call to the insurance, and found out that he could not be enrolled online, they had to do it through a paper format until he got his SSN.

[Trese 174]

Help, please.

 

My AOS is still pending up to now so I don't have an SSN yet. When my husband files his taxes, he's planning to file as Single since as he said, I'm not in the system yet. Will that cause any problems for us down the line, his filing as Single even though technically he's been Married since May 2020?

[HRQX 4,145]

3 hours ago, Trese said:

When my husband files his taxes, he's planning to file as Single since as he said, I'm not in the system yet.

That is a tax issue, not an immigration issue. That being said, to avoid trouble with the IRS he should NOT file as Single. He should either file as Married Filing Separately or Married Filing Jointly. To file Married Filing Jointly he'll have to paper file and attach W-7 application for your ITIN.

[London88 9]

Had some updates recently regarding my EAD & AP so thought I'd share in case it helps anyone

 

1/5/21 Biometrics appointment

1/19/21 Received job offer so submitted expedite request based on financial loss through the Emma online chat on USCIS.com

1/27/21 Received email from USCIS requesting evidence 

1/28/21 Faxed evidence to USCIS. Included: 

• Cover letter quickly summarizing my situation and listing out the evidence I was providing
• Print out of the email USCIS sent me
• New Job offer letter
• Letter from July confirming my previous company was closing due to covid (This company also sponsored my visa so I've been unauthorized to work since)
• Savings statement showing withdrawals over the past 6 months to cover living costs
• Summary of medical insurance payments for the past 6 months (which would normally be covered by employer)

2/2/21 i-765 Status changed to Request For Additional Information Received

2/2/21 i-765 (EAD) Status changed to New Card Is Being Produced

2/3/21 i-765 (EAD) and i-131 (AP) Statuses changed to Case Was Approved

 

So grateful to finally see some movement after being unable to work since July, wishing everyone else luck. 

 

Questions: 

1) Has anyone else seen their EAD/AP status change from New Card Being Produced to Case was Approved? I would have though it would have been the be the other way around?

2) For anyone that has been lucky enough to receive their combo card already, how long did you have to wait after "case was approved" to actually receive your card?

[HRQX 4,145]

8 minutes ago, London88 said:

Has anyone else seen their EAD/AP status change from New Card Being Produced to Case was Approved?

Yes, that is very common.