I-485 expedited ( but expediting is slow ) [merged threads]

[JohnnyForeigner 34]

27 minutes ago, Boiler said:

I have never seen anybody who has been waiting get such a specific answer, well any answer. I am not sure I would trust anything they said anyway.

 

The free option is to call them, call your Senator make a fuss, will it produce a response, probably not.

 

Or wait

 

Or as has been mentioned sue.

 

I thought it might be a documented procedure. But I cannot find much reference to "final review" online.

 

For example, I-130 approved but I-485 referred to supervisor - x happens. If supervisor unable to deal - y happens. I was hoping there was a policy document.

 

Or that someone who went through it might know.

 

For example we know the steps from filing through to interview. 

 

There must also be a set routine / policy for post interview.

 

Re the other questions - my wife has never married a non US citizen before, meets income criteria, no criminal record etc

 

I guess it must be my status at time of filing and / or Atlanta having a huge backlog. Or just bad luck and my file got lost / delayed / sent to wrong desk during the review process.

 

Edited August 20, 2023 by JohnnyForeigner

[SalishSea 17,744]

1 hour ago, JohnnyForeigner said:

Could be !

 

I was out of status ( expired b1/b2 )

 

Though interviewer referred to it and said it was not a problem as married to USC.

 

Maybe all out of status get referred as policy.

Maybe that, plus the fact that you tried to expedite it?  AOS is not normally expedited, especially if you're trying to  line-jump in front of people adjusting while in status.

[JohnnyForeigner 34]

55 minutes ago, SalishSea said:

Maybe that, plus the fact that you tried to expedite it?  AOS is not normally expedited, especially if you're trying to  line-jump in front of people adjusting while in status.

I feel I had a good reason for expediting - they approved the expediting so they seem to have accepted that reason. No intention to line jump - they have criteria for expediting and I applied accordingly. 

[Redro 4,611]

3 minutes ago, JohnnyForeigner said:

I feel I had a good reason for expediting - they approved the expediting so they seem to have accepted that reason. No intention to line jump - they have criteria for expediting and I applied accordingly. 

People who approve the expedite and people who approve the I-130 and/or I-485 are not the same..

 Also, as you have discovered expedite doesn’t expedite the entire process just gets you to the next step (in your case- interview). If you need to adjust soon you’ll have to bug them some more via congressman, ombudsman, requesting another expedite or suing. 

Edited August 20, 2023 by Redro

[Rocio0010 5,579]

Are you the USC or the beneficiary?

what country is beneficiary from?

 

What was the reason for requesting the expedite?

[JohnnyForeigner 34]

2 minutes ago, Redro said:

People who approve the expedite and people who approve the I-130 and/or I-485 are not the same..

 Also, as you have discovered expedite doesn’t expedite the entire process just gets you to the next step (in your case- interview). If you need to adjust soon you’ll have to bug them some more via congressman, ombudsman, requesting another expedite or suing. 

 

Yes - correct.

 

Uscis NBC approved my request to expedite. 

 

Once they did - Atlanta arranged a fast interview for which I was grateful.

 

I dont think it would be wise to sue etc just yet. Even if I have to wait a little longer, it will still be MUCH faster than if they had not expedited. Atlanta has a terrible backlog.

 

I will give it a while longer and hope for the best.

[Redro 4,611]

2 minutes ago, JohnnyForeigner said:

 

Yes - correct.

 

Uscis NBC approved my request to expedite. 

 

Once they did - Atlanta arranged a fast interview for which I was grateful.

 

I dont think it would be wise to sue etc just yet. Even if I have to wait a little longer, it will still be MUCH faster than if they had not expedited. Atlanta has a terrible backlog.

 

I will give it a while longer and hope for the best.

Good luck! It will happen when it happens. 
Downside of US immigration is that nothing happens when you expect it to… and currently timelines are a mystery. One thinks something is impossible but instead the unexpected happens. Hopefully your I485 is not still on the same trajectory it always was and they only applied expedite to the I130… 

[JohnnyForeigner 34]

18 minutes ago, Rocio0010 said:

Are you the USC or the beneficiary?

what country is beneficiary from?

 

What was the reason for requesting the expedite?

I am the beneficiary.

 

I hold dual UK and Irish citizenship. 

 

My particular line of work - although "authorised stay" and EAD allows me to work, I am still technically out of status until AOS approved ( Authorised stay not being status ) so when background checked and vetted due to the nature of my field of work, the result is "illegally present in US" so not able to pursue my career.

Also my age - 54 upon marriage and 55 now. I was advised that they take this into account. For example a 25 yo applicant waiting 2 or 3 years has decades of work ahead of him. With the Atlanta backlog, I could be spending 2 or 3 years out of my 5 remaining years of working life (UK pension pays at 60 and will retire then) barred from my particular line of work.

 

I guess the theory is, the older you are, the more a few years waiting impact upon you ?

 

 

Edited August 20, 2023 by JohnnyForeigner

[JohnnyForeigner 34]

8 minutes ago, Redro said:

Good luck! It will happen when it happens. 
Downside of US immigration is that nothing happens when you expect it to… and currently timelines are a mystery. One thinks something is impossible but instead the unexpected happens. Hopefully your I485 is not still on the same trajectory it always was and they only applied expedite to the I130… 

You raise an interesting point re 130 vs 485.

 

I assume when filed concurrently they are dealt with together but who knows ?

[Boiler 45,313]

12 minutes ago, JohnnyForeigner said:

I am the beneficiary.

 

I hold dual UK and Irish citizenship. 

 

My particular line of work - although "authorised stay" and EAD allows me to work, I am still technically out of status until AOS approved ( Authorised stay not being status ) so when background checked and vetted due to the nature of my field of work, the result is "illegally present in US" so not able to pursue my career.

Also my age - 54 upon marriage and 55 now. I was advised that they take this into account. For example a 25 yo applicant waiting 2 or 3 years has decades of work ahead of him. With the Atlanta backlog, I could be spending 2 or 3 years out of my 5 remaining years of working life (UK pension pays at 60 and will retire then) barred from my particular line of work.

 

I guess the theory is, the older you are, the more a few years waiting impact upon you ?

 

 

You are in the grey area, EAD allows you to work. Obtain SSN, DL etc. You are not out of status.

 

I have never heard of age being a factor.

[JohnnyForeigner 34]

43 minutes ago, Boiler said:

You are in the grey area, EAD allows you to work. Obtain SSN, DL etc. You are not out of status.

 

I have never heard of age being a factor.

Big discussion here previously.

 

Authorised stay is NOT immigration status.

 

Authorised stay does not change your i-94 expiration.

Edited August 20, 2023 by JohnnyForeigner

[Boiler 45,313]

There does not seem to be a magic term, I prefer Adjusting Status, obviously I went through this and there is no real difference between GC and having AP/EAD, being out of status is a different ball game.

[JohnnyForeigner 34]

11 minutes ago, Boiler said:

There does not seem to be a magic term, I prefer Adjusting Status, obviously I went through this and there is no real difference between GC and having AP/EAD, being out of status is a different ball game.

Yes - as stated - authorised stay so I have SSN, drivers license and EAD. 

 

But unfortunately still out of status. When a prospective employer sent the vetting off, it came back from DHS ICE as "Illegally present in US" and quoted my i-94 departure date.

 

For 70% of jobs - not an issue.  In my particular field it is a problem due to federal legislation covering the stuff I would be working with.

[Redro 4,611]

1 hour ago, JohnnyForeigner said:

I am the beneficiary.

 

I hold dual UK and Irish citizenship. 

 

My particular line of work - although "authorised stay" and EAD allows me to work, I am still technically out of status until AOS approved ( Authorised stay not being status ) so when background checked and vetted due to the nature of my field of work, the result is "illegally present in US" so not able to pursue my career.

Also my age - 54 upon marriage and 55 now. I was advised that they take this into account. For example a 25 yo applicant waiting 2 or 3 years has decades of work ahead of him. With the Atlanta backlog, I could be spending 2 or 3 years out of my 5 remaining years of working life (UK pension pays at 60 and will retire then) barred from my particular line of work.

 

I guess the theory is, the older you are, the more a few years waiting impact upon you ?

 

 

You forget IR5- parents of US citizens are allowed to adjust status (and adjust if they were out of status).A lot of times they are older. Age is not a factor. Being out of status usually isn’t a factor. Might be something about your line of work? 
I will not speculate further. ETA so many people can’t continue in their line of work after they move to the US due to the need to obtain another license or sometimes go back to school. 

Edited August 20, 2023 by Redro

[Mike E 11,739]

These authorized stay vs lawful status issues were covered at length in