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Jas S

Problem @ Interview!!! Help!!!

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Filed: K-3 Visa Country: India
Timeline

OK I am pretty pissed off. We had a problem at our interview today. I was unemployed for a few months last year (2006). The interviewer said that they cannot count the unemployed income as part of the income for the affidavit of support. And since my wife is 8th months pregnant, they will go by the required amount for 2 people for approx $21,000.

Here are the #'s from my 2006 tax return:

Wages: $18,815

Unemployment: $13,025

Gross Income: $31,840

Taxable Income: $23,390

Now shouldn’t that be ok? I had checked with my lawyer about my 2006 tax return which included the unemployed income, and he said that would not be a problem.

What do you guys think? Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

To fix this, I have to get a co-sponsor. I am in India, and I have to get a co-sponsor in US to sign documents and then mail to India and then I have to submit theses docs to the VFS which then will be forwarded to the embassy again, and then VISA approved passport will be given to VFS and then mailed to my address. The only problem is that my wife's doc has told her that she should not fly past Nov 10th because of her pregnancy. So we have our tix booked for Nov 9th.

Someone please shed some light on this....any help would be greatly appreciated....

Timeline

--------------------

01/03/07 Married :)

03/15/07 Mailed I130

03/22/07 Received NOA1 for I130

04/25/07 Received Transfer Notice to VSC for I129F

05/29/07 Touched I130

05/30/07 Touched 129F

06/23/07 Joined this great site

06/25/07 Touched I130

06/25/07 Got notice in the email that they need more information for the I130 and that they sent me a letter in the mail (RFE)

06/26/07 Touched I130

07/05/07 Got the RFE in mail

07/06/07 Mailed out the evidence required in the RFE

07/12/07 My wife got the PCC done at her local Passport office :)

07/12/07 Touched I130 "Response to request for evidence received, and case processing has resumed."

07/16/07 Touched I130

07/17/07 Touched I130

08/07/07 Called for RFE info. They said not yet, and will have something in the mail by 3-4 weeks :(

08/15/07 I130 Approved!!! Woo Hoo!!! Finally....

09/28/07 I129F Approved!!!

10/04/07 Oct 4th NVC Sent K3 Info. To The Consulate

Nov 1st Interview Date

Nov 6th VISA APPROVED! & in hand

Arrived in NJ on Nov 10th

Baby due date is January 8th!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi,

The consular officer is only considered your wages and nothing else thats why he thinks you are short on the income side.. I wonder why didnt your attorney point out that to you.

This is pretty much now a problem, I guess Jas you have no other choice rather than find a co - sponsor , which will be tough in the immediate term. try to find the co - sponsor in immediate term and use express delivery methods for everything. May be it will work. I dont think you should take a risk of taking yoru wife for travel past 10th nov, if you dont get visa its better you have ur kid in your wifes maika or here with ur parents if they stay out here.....

Jigi

Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

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Filed: K-3 Visa Country: India
Timeline
Hi,

The consular officer is only considered your wages and nothing else thats why he thinks you are short on the income side.. I wonder why didnt your attorney point out that to you.

This is pretty much now a problem, I guess Jas you have no other choice rather than find a co - sponsor , which will be tough in the immediate term. try to find the co - sponsor in immediate term and use express delivery methods for everything. May be it will work. I dont think you should take a risk of taking yoru wife for travel past 10th nov, if you dont get visa its better you have ur kid in your wifes maika or here with ur parents if they stay out here.....

Jigi

Hi Jiggi, thanks for the fast response. Can the consular use the fact that my wife is pregnant and ask me to support 2 people now, even before the child is born? The reason I ask is because my wages are $18,815 and that is sufficent enough to sponsor her.

Timeline

--------------------

01/03/07 Married :)

03/15/07 Mailed I130

03/22/07 Received NOA1 for I130

04/25/07 Received Transfer Notice to VSC for I129F

05/29/07 Touched I130

05/30/07 Touched 129F

06/23/07 Joined this great site

06/25/07 Touched I130

06/25/07 Got notice in the email that they need more information for the I130 and that they sent me a letter in the mail (RFE)

06/26/07 Touched I130

07/05/07 Got the RFE in mail

07/06/07 Mailed out the evidence required in the RFE

07/12/07 My wife got the PCC done at her local Passport office :)

07/12/07 Touched I130 "Response to request for evidence received, and case processing has resumed."

07/16/07 Touched I130

07/17/07 Touched I130

08/07/07 Called for RFE info. They said not yet, and will have something in the mail by 3-4 weeks :(

08/15/07 I130 Approved!!! Woo Hoo!!! Finally....

09/28/07 I129F Approved!!!

10/04/07 Oct 4th NVC Sent K3 Info. To The Consulate

Nov 1st Interview Date

Nov 6th VISA APPROVED! & in hand

Arrived in NJ on Nov 10th

Baby due date is January 8th!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi,

I think if you see the poverty guidelines list. The increase to support the 3 person will only be mariginal. I guess it will increase by 2000$. And it also depends on state to state too. I think you should if possible ask the consular officer how much income your co - sponsor should have so that even if its for 3 people or for you just hubby & wife it will be sufficient forever.

I am sure, people in K3 forum will also help you out more. And about your wife being pregnant, I dont think american CO officers will listen because they dont have the time. I hope you get ur wife to US soon

I will pray to god for sure. My next prayer is for you , your wife and to be child

Jigi

Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

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You would need to earn $21,462 for three.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Filed: K-3 Visa Country: India
Timeline
Hi,

I think if you see the poverty guidelines list. The increase to support the 3 person will only be mariginal. I guess it will increase by 2000$. And it also depends on state to state too. I think you should if possible ask the consular officer how much income your co - sponsor should have so that even if its for 3 people or for you just hubby & wife it will be sufficient forever.

I am sure, people in K3 forum will also help you out more. And about your wife being pregnant, I dont think american CO officers will listen because they dont have the time. I hope you get ur wife to US soon

I will pray to god for sure. My next prayer is for you , your wife and to be child

Jigi

Thanks for your reply and your prayers. The increase is $4350. The actual #'s are $17112 for 1 person and $21462 for 2 people.

You would need to earn $21,462 for three.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks, however how can they count 3 when right now it's physically only 2?

Timeline

--------------------

01/03/07 Married :)

03/15/07 Mailed I130

03/22/07 Received NOA1 for I130

04/25/07 Received Transfer Notice to VSC for I129F

05/29/07 Touched I130

05/30/07 Touched 129F

06/23/07 Joined this great site

06/25/07 Touched I130

06/25/07 Got notice in the email that they need more information for the I130 and that they sent me a letter in the mail (RFE)

06/26/07 Touched I130

07/05/07 Got the RFE in mail

07/06/07 Mailed out the evidence required in the RFE

07/12/07 My wife got the PCC done at her local Passport office :)

07/12/07 Touched I130 "Response to request for evidence received, and case processing has resumed."

07/16/07 Touched I130

07/17/07 Touched I130

08/07/07 Called for RFE info. They said not yet, and will have something in the mail by 3-4 weeks :(

08/15/07 I130 Approved!!! Woo Hoo!!! Finally....

09/28/07 I129F Approved!!!

10/04/07 Oct 4th NVC Sent K3 Info. To The Consulate

Nov 1st Interview Date

Nov 6th VISA APPROVED! & in hand

Arrived in NJ on Nov 10th

Baby due date is January 8th!

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Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi,

I thought the consular officer has rescheduled your interview. i can imagine ur wife must be really mad. so the difference is of 2700$. So the co-sponsor has to show something like 3 to 4 times of the 2700 amount.

Jigi

Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

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Share on other sites

Filed: K-3 Visa Country: India
Timeline
Hi,

I thought the consular officer has rescheduled your interview. i can imagine ur wife must be really mad. so the difference is of 2700$. So the co-sponsor has to show something like 3 to 4 times of the 2700 amount.

Jigi

Yeah, she is quite upset. The interview is not re-scheduled, I had just have to take the neccessary docs to them when ready and they will proccess it. Well actually I have to take the I-864 to the VFS office and then they will submit it back to the embassy. Hmm...let's see what happens...It's cutting it quite close to the Nov 9th date that we have to fly on.

Timeline

--------------------

01/03/07 Married :)

03/15/07 Mailed I130

03/22/07 Received NOA1 for I130

04/25/07 Received Transfer Notice to VSC for I129F

05/29/07 Touched I130

05/30/07 Touched 129F

06/23/07 Joined this great site

06/25/07 Touched I130

06/25/07 Got notice in the email that they need more information for the I130 and that they sent me a letter in the mail (RFE)

06/26/07 Touched I130

07/05/07 Got the RFE in mail

07/06/07 Mailed out the evidence required in the RFE

07/12/07 My wife got the PCC done at her local Passport office :)

07/12/07 Touched I130 "Response to request for evidence received, and case processing has resumed."

07/16/07 Touched I130

07/17/07 Touched I130

08/07/07 Called for RFE info. They said not yet, and will have something in the mail by 3-4 weeks :(

08/15/07 I130 Approved!!! Woo Hoo!!! Finally....

09/28/07 I129F Approved!!!

10/04/07 Oct 4th NVC Sent K3 Info. To The Consulate

Nov 1st Interview Date

Nov 6th VISA APPROVED! & in hand

Arrived in NJ on Nov 10th

Baby due date is January 8th!

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Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi

Jas please keep us updated. what happens.. and post in the way you sorted all stuff out.... because in future we or anyone might gain from your expereince.

Jigi

Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

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Filed: Lift. Cond. (pnd) Country: India
Timeline

that is ridiculous ... now you've got to have co sponser ... well as Jigi said keep us posted as those with co-sponser will need help if anything of this sort might happen we can be prepared...

Removal of conditions

10-05-09 : Mailed I-751

10-08-09 : Delivered to ALBANS, VT 05479

10-13-09 : Check CASHED

10-19-09 : Recieved NOA1

10-13-09 : Recieved Biometric Appointment for 11/16/09

11-16-09 : Biometric Done - Dallas

11-17-09 : Touched

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Filed: K-3 Visa Country: India
Timeline

thanks all.

I have 3 co-sponsors ready...

1 is a friend who has made over $70k every year in 2004, 2005 & 2006. Just this year he made only $40k and has been unemployed since September...I am not sure if that will pose a problem.

2nd is a cousin who owns a business with many assets. The company will co-sponsor us by showing their company tax return and assets

3rd in a uncle who will sponsor the same way as my friend. He is making less money but is employed.

So I will have 3 cards in my back pocket just in case one doesn't work out. Now, I just hope I get them by Monday so I can go to the consulate and take care of this ASAP

Timeline

--------------------

01/03/07 Married :)

03/15/07 Mailed I130

03/22/07 Received NOA1 for I130

04/25/07 Received Transfer Notice to VSC for I129F

05/29/07 Touched I130

05/30/07 Touched 129F

06/23/07 Joined this great site

06/25/07 Touched I130

06/25/07 Got notice in the email that they need more information for the I130 and that they sent me a letter in the mail (RFE)

06/26/07 Touched I130

07/05/07 Got the RFE in mail

07/06/07 Mailed out the evidence required in the RFE

07/12/07 My wife got the PCC done at her local Passport office :)

07/12/07 Touched I130 "Response to request for evidence received, and case processing has resumed."

07/16/07 Touched I130

07/17/07 Touched I130

08/07/07 Called for RFE info. They said not yet, and will have something in the mail by 3-4 weeks :(

08/15/07 I130 Approved!!! Woo Hoo!!! Finally....

09/28/07 I129F Approved!!!

10/04/07 Oct 4th NVC Sent K3 Info. To The Consulate

Nov 1st Interview Date

Nov 6th VISA APPROVED! & in hand

Arrived in NJ on Nov 10th

Baby due date is January 8th!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Good Luck to you and your wife and your soon to be baby, Jas. I hope everything works out.

I-130 Sent : 2007-02-27

I-130 NOA1 : 2007-03-06

I-130 Approved : 2007-06-20

NVC Received : xxxx-xx-xx

Received DS-3032 / I-864 Bill : 2007-07-24

Pay I-864 Bill 2007-07-24

Receive I-864 Package : 2007-08-17

Return Completed I-864 : 2007-08-20

Return Completed DS-3032 : 2007-07-22

Receive IV Bill : 2007-08-27

Pay IV Bill : 2007-08-28

Receive Instruction Package : 2007-09-10

Case Completed at NVC : 2007-10-02

NVC Left : 2007-10-11

Consulate Received : 2007-10-11 (Acknowledged on 2007-10-18)

Packet 4 Received : 2007-11-10

Interview Date : 2007-12-11

Visa Received : 2007-12-12

US Entry : xxxx-xx-xx

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Filed: IR-1/CR-1 Visa Country: India
Timeline

hey Jas,

Just show them you have got stuff ready... Hum kisise kum nahin

Jigi

Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

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Filed: K-3 Visa Country: India
Timeline

I can't believe this JAS.

an unborn child should not be counted towards the household income size. this is ridiculous. because the K-3 visa is temporary and by the time the baby is born you will submit another affidavit of support for AOS, and then they should count the baby in the household size, and ask for a co-sponsor.

I-130

Sent:03/02/07

NOA1:03/06/07

Touched:03/09/2007

APPROVED: 07/31/2007 (151 Days)

I-129

Sent:03/14/2007

NOA1:03/20/07

Transfered CSC:04/05/07

Touched:04/06/07

Touched:04/09/07

Touched:04/25/07(received pending email)

Touched:04/26/07

Touched:04/27/07

APPROVED:07/31/2007

NVC received: 08/30/07

Consulate forward: 08/31/07

Consulate received: 09/10/2007

Submitted DS-230: 09/18/2007

Interview: 11/06/2007

Visa received: 12/14/2007

AOS

Mailed packet: 01/17/2008

Delivered: 01/21/2008

Check cashed: 02/05/2008

NOA1: 02/04/2008

Biometrics appt: 02/20/2008

Request for initial evidence: 02/25/2008 (yikesssss)

RFE mailed: 03/03/2008

RFE received: 03/12/2008 (case processing resumed)

EAD ordered: 3/19/2008 (Thank God)

EAD received: 3/28/2008

Interview: 07/23/2008 (AHHHHHH- they request full medical)

07/25/2008 (medical submitted)

08/08/2008 (CRIS email- card production ordered)

08/19/2008: Green Card Received.

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