Current AOS Case Acceptance Timeframe

[SusnOwen 162]

1 hour ago, IndominusRex said:

Seems like the filing category selected was wrong on Part 2 of the 485. We had selected 2b. but after reading the instructions it seems like a stepchild is considered a child of a US Citizen for immigration purposes so we selected 2a (as selected on the I-130). Also the I-864 needed to be one each per person/child. We had submitted the one prepared for my wife. Also on the 864 on Part 3, Q1, you do not check the box 2 and do not list anyone else since they will be principal immigrants and require a separate I-130, I-485 and I-864. This time we will also submit 765 in order to get social security cards for the kids. Thankfully, USCIS rescinded the I-944 for now and they recommend not sending the 944 for now (direct statement on the USCIS site).

 

I may be wrong on my assertions above and wouldn't mind a second set of eyes on this. 

 

Thanks, 

 

I believe you are correct - with the exception of the I-765 for the kids.  Unless they are over 15 - 16, they won't be able to work so I think you are going to confuse the process by submitting that.  You can get the SSN later, I wouldn't include those.

[xoom74 2]

On 8/5/2020 at 10:50 AM, IndominusRex said:

Seems like the filing category selected was wrong on Part 2 of the 485. We had selected 2b. but after reading the instructions it seems like a stepchild is considered a child of a US Citizen for immigration purposes so we selected 2a (as selected on the I-130). Also the I-864 needed to be one each per person/child. We had submitted the one prepared for my wife. Also on the 864 on Part 3, Q1, you do not check the box 2 and do not list anyone else since they will be principal immigrants and require a separate I-130, I-485 and I-864. This time we will also submit 765 in order to get social security cards for the kids. Thankfully, USCIS rescinded the I-944 for now and they recommend not sending the 944 for now (direct statement on the USCIS site).

 

I may be wrong on my assertions above and wouldn't mind a second set of eyes on this. 

 

Thanks, 

My case is similar, submitted my wife's and step-Child's application while they were on B2 visa. I-94 is expiring in two days  I submitted the whole AOS package on Jun 20th, reached lockbox on 24th....till today no news... checks have not been cashed. Sent emails to lockbox, contacted USCIS tier 1 and 2 reps... they couldn't find anything in the system. What else can I do? anyone any suggestions?

[IndominusRex 17]

1 hour ago, xoom74 said:

My case is similar, submitted my wife's and step-Child's application while they were on B2 visa. I-94 is expiring in two days  I submitted the whole AOS package on Jun 20th, reached lockbox on 24th....till today no news... checks have not been cashed. Sent emails to lockbox, contacted USCIS tier 1 and 2 reps... they couldn't find anything in the system. What else can I do? anyone any suggestions?

Right now, not much you can do with the exception of waiting. Seems like an expired I-94 is not grounds for rejection or denial as it isn't a factor for immediate relatives of US Citizen. We re-submitting tomorrow without I-944 as the form is no longer available and not required for the time being. Of course things can change and they may require it in the very near future. Good luck.

[IndominusRex 17]

Just resent the application packet today. Should be there on Monday or Tuesday. I didn't send the I-944's hoping they won't change the current ruling not to send the 944 over the weekend. I hear that as long as the package is postmarked on or after July 29th, you don't need it. I guess the same applies if they start requesting the 944 again, as long as the package is postmarked before they do I should be fine, correct? 

[Paul Hanaki 72]

On 8/5/2020 at 12:12 PM, SusnOwen said:

 

I believe you are correct - with the exception of the I-765 for the kids.  Unless they are over 15 - 16, they won't be able to work so I think you are going to confuse the process by submitting that.  You can get the SSN later, I wouldn't include those.

No you need those SSN's for tax purposes. He likely will not get the green cards before the end of the year but could get the SSN's by doing the I-765. They will not be confused as they get these all the time.