raz0407

is beneficiary missing the birth certificate? if you read your interview notice, it does specify to bring original birth certificate of beneficiary. some IO do ask for it and some dont. Ours didnt speficially look at it. I suggest, you try and get it via expedited courier. if you get it in time, its fine or you take gamble.

In my experience, you can get courier from india in 3-4 days. try www.ezworldwide.com. they hv done it for me few times.

Good Luck!

go see a good immigration laywer.. they will give exact direction. while Blog is a great resource, people might mislead you as they may not know your exact situation. Good luck!

how far is your spouse from becoming US citizen. If its not too far, then i suggest you wait till he becomes US CItizen. wait on F2A is longer. Bad idea to enter country on non-immigrant visa.

i just got married to a green card holder and i have a five years multiple visa to the united states which will expire in 2017. can i change my status when i visit my wife with the visa

the fact that cut off date for PD didnt retrogressed further for ROW even after 6 months (since oct 2013 when they frozed it at 8-Sept 13 ) seems like a good sign to me. My logic says, they didnt get floods of application like they did for Mexico. so the impact should not be as big as mexico... wht do u guys think?

I think, it is a good idea to inform your international office so that can make necessary notes on their file.

My advise to you is, please consult a good lawyer before you get married. These things are tricky.. It always better to get advise from seasoned laywer before you do anything.

thanks.

yes, 485 went back to Initial Review?

All the best for your interview. where is your interview going to be?

what does your research say about priority date? do u think, it will move for March? fingers crossed!

Congratulations and thanks for the update.

How about your 485... did it move from "testing and interview" back to Initial Review? That is what I have heard from folks whose I-130 got approved.

Just got a notification email. they approved I130..

ah ok! that probably explains the name updation.

I have come across cases where a few folks I-130 got approved after the interview (in about 2-3 days time after interview)

and some cases, where I-130 just moved to Initial Review and stayed there..... i'm talking about folks whose PD is after Sept 8th.

There doesnt seem to be a set pattern...

I think our file will be sent back to NBC.... and they will re-open when the PD becomes current... and probably both will be approved at the same time.

Hi Maya123

Just wanted to follow up on your case. I am kind of in same boat but we were able to enroll back into the school last minute. I have heard conflicting opinions of attorney about this. My Original Attorney said you can give up F1 and then another lawyer said it’s important that you are in status when they approve the 1485. If it’s true, then I don’t understand why they issued EAD because it’s worthless. When F2A became current in August, I saw so many attorneys writing article on their websites encouraging people to file for F2A and take advantage of dates being current. I remember most of them saying even it doesn’t stay current for long or retrogressed, you will atleast have EAD to work lawfully. What were they thinking then? May be trying to get more people to file and generate business?

FYI- during our interview, the officer did ask us if beneficiary is still in the school. So not sure what the correct rule is. I really hope your officer is wrong and corrects his decision. Please keep us posted.

On the same note, When is the sponsor in your case is going to be eligible to become US Citizen? if it’s not too far , then you can upgrade your case and USCIS has some kind of forgiveness program under which they will can still grant you green card even you hv stayed in the country with NO valid visa status. I verified this with 2 attorneys so it should be accurate. Hope this helps.

Thank you so much for the information. I will immediately contact the congressional representative and DHS Ombudsman. I will update the post if any changes are made.

Hmm... My priority date is 27-Sept. I hope the officer does what she said during the interview.. Let's see.

Now, we just have to wait for PD to become current. What is your research says? do u think it will become current anytime soon. One of the PD date calculator website said, it will be current in March but who know what their assumptions are. We both are so close to being current.. especially you. You missed it by 3 days

Thanks LPR_filer!

Now that I think, the name updating on notification is probably due to the change of attorney on my record. I hired local attorney (different than the one who filed my papers initially) to come with us for the interview. We had to submit G28 form at time of the interview. I assuming, the officer updated name of the new attorney in their system.

As far as initial review goes, its bit contradictory to what officer told us. She clearly told us, she is approving I130. May by she realized later that she can’t. Not sure what the rule is on approving I130 if interview went fine. Do u think, they will approve both when my date is current? That’s what officer told us but I doubt she know the whole process accurately. My case is with MSC, they are current processing applications with PD March 2013. Not sure when they will get to Sept cases.

Congratulations raz0407 and thank you for your detailed experience.

please keep us posted regarding your I-130 status.... Going back to Initial Review is quite common, but name updation is something i havent come across.

Congrats again! rest easy...

Just one thing that i want to mention, though, the officer said, she is approving our I130, the status online went back to Initial review. this is the message,: " your name was updated relating to your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.".

we got same update online for 1485.

Our interview went well. The officer asked us usual question like, how we met, who proposed who, what did your family think of it, where did u go for honeymoon etc. Very basic questions.

my thoughts to you all,

• Go 100% prepared in terms of your documents. Please make extra copy of all your joint documents, passport, green card, state IDs, marriage license and photos. The officer will be at ease if you have everything properly prepared and they don’t have waste their time arranging your documents in file. Please make sure you go with most updated employment letter and paychecks, W2 (if u hv received for 2013).
• Needless to say, dress professionally and don’t be nervous. I hear most of the officers are friendly.
• We took attorney with us just so we are at ease. You don’t need to if there is no complication in your case. We didn’t have any complication but I just wanted have a piece of mind. He didn’t contribute much in our interview but I still don’t regret the decision of taking him along with us. Again, its personal preference. Remember, it will cost you money.

Overall, the officer approved our I130 and said, 485 can be approved but will have to wait till the date becomes current. She said, it will go into the system and your case will just wait for visa# to be available. Funny part is, initially the office handed us over approval letter, saying she is approing our green card. She assuming our PD is current. Our attorney corrected her and she double checked. It was a right thing to do, as they would find out when they will actually enter the info in the system.

Good luck to all!!

Our interview went well. The officer asked us usual question like, how we met, who proposed who, what did your family think of it, where did u go for honeymoon etc. Very basic questions.

my thoughts to you all,

• Go 100% prepared in terms of your documents. Please make extra copy of all your joint documents, passport, green card, state IDs, marriage license and photos. The officer will be at ease if you have everything properly prepared and they don’t have waste their time arranging your documents in file. Please make sure you go with most updated employment letter and paychecks, W2 (if u hv received for 2013).
• Needless to say, dress professionally and don’t be nervous. I hear most of the officers are friendly.
• We took attorney with us just so we are at ease. You don’t need to if there is no complication in your case. We didn’t have any complication but I just wanted have a piece of mind. He didn’t contribute much in our interview but I still don’t regret the decision of taking him along with us. Again, its personal preference. Remember, it will cost you money.

Overall, the officer approved our I130 and said, 485 can be approved but will have to wait till the date becomes current. She said, it will go into the system and your case will just wait for visa# to be available. Funny part is, initially the office handed us over approval letter, saying she is approing our green card. She assuming our PD is current. Our attorney corrected her and she double checked. It was a right thing to do, as they would find out when they will actually enter the info in the system.

Good luck to all!!

Hi,

I am asking this to all forum member as I have been recieving contradicting information. when you respond, kindly mention your source where got this info from (lawyer or own experience in your case when it was approved) if possible. thanks a lot.

We filed concurrently under F2A for my wife who is on F1. Our priority date is 27-Sept which is not current. Our I130 and 485 is pending however we recieved EAD and travel document 1 month ago. My original laywer said, its ok if u dont maintain the F1 status now. However, I took second opinion from other lawyer who thinks, its mistake if u didnt maintain the F1 status because your green card holder not US citizen and our dates are not current. I need to get the bottom of this as I have my interview scheduled at local office in next 10 days and I want to go for the interview with clear understanding. Can you guys please help me guide how we figure out this? Goining to 3rd laywer wont help; i would just go by major responses of you forum members based on ur experiences. please URGENTLY respond if possible. thanks a lot.

John.smith,

I met up with another lawyer for second opinion. because the sponsor is green card holder (not US Citizen) and our dates are not current, he advised us that u made a mistake if u didnt maintain the F1 status. He says, its important that, beneficiary is in F1 status at the time USCIS is going to approve my 485. I am confused now because my previous lawyer said, its not required. I dont know whom to believe as second lawyer seemed very confident as I asked him thrice.

The issue is, I have an interview schedule in next 10 days and I want get to the bottom of this issue before i go for the interview. Not sure what to do.. can you help? where did you get below info? is it your research or lawyer.. just trying to find sources where I can verify this info. Thanks and appreciate your help.

Well, doing AOS means that you changed your status whichever it was before! so, she already changed her status on the date immigration got your application - she is not on F1 since that day!!!

She cannot fail out of status, as her status is pending, waiting to be adjusted. However, she can be out status if it happens that she does not get approved for her gc.

She does not need to enroll at school anymore as she is not on F1 anymore. She is an AOS APPLICANT and as such her status is pending. She can work as soon as she gets her EAD with no effect on her current status.

Thanks Dhp! this really helped and totally makes sense! please update us once you speak to lawyer as I am curious to find out how they deal with people with no I130 approval during interviews. I just got my interview date of 27-Jan which is a week after yours. we will look forward to hearing your interview experience after Jan-21. Good Luck!!!

Let's hope the PD moves forward in next bulletin fingers crossed!

Hello,

They will call you for interview but not going to issue GC till date become current.

For I-130, It is depends on which location is our file, I and my brother in law filed on same date @ Chicago office, From Chicago, they send his I-130 application to California, he got an approval in 25 days.

From Chicago, they send my file to NBC because I filled as concurrent filling and they are processing so slow.

And I checked on general timeline on this website and few others, whose I-130 sent to California center they got approval within 30-45 days, and

at NBC center no news. I am going to ask my lawyer tomorrow, when they are going to approve I-130, because i heard they will ask when you go to Interview, But I believe in our case they should know, we don't have approval yet.

I haven't recieved my interview notice.I am assuming it will be sent out in couple of days. I see lot of other people who got their I130 approved within 45-50 days and these cases has priority dates after 8-Sept. I am just wondering why some of us don't have I130 approved? is it country specific ?

I also was advised earlier by few forum members saying, they wont call u for interview until my date is current because there is no point having interview until they have visa numbers available so I am bit confusion with the whole process. please update us on your interview experience next month.

Hi! Yes my I130 is not yet approved. Im not sure but someone told me that during the interview they will approve our I130. When is you interview schedule?

Hi msangela,

My I485 status changed to testing and interview last night. Not sure how this work but do they approve I130 after interview? seems like your I130 is not approved yet either. From other forums, I hv seem people who went for interview had their I130 approved. Is there any reason why USCIS is holding up approving our I130? THanks for your help.

Hi! I got my interview notice last Dec 4. My PD is Sept 20, 2013 and my interview schedule is on Jan 8, 2014.

Hey Guys,

anybody with priority date (for concurrent filing) between Sept- 9,2013 to Sept 30,2013 has recieved interview date and/or I130 approval? I am asking this because I hear from different forums that they are processing applications with PD after Sept-8 for last few weeks. Just wondering if anyone got the Interview date. I know, they wont issue green card until my date is current however, I am asking this because I want to know if I should start preparing for the interview. I also remember, someone saying, they wont call for interview until my date is current. So I am bit confused with process flow.

second question, I filed my application concurrently with PD of Sept-27. USCIS mailed my EAD card on 12/10. My I130 is under review. Do they approve I130 irrepective of Interview at local office or it will be kept pending until the interview?

thanks for your help guys!

Well, doing AOS means that you changed your status whichever it was before! so, she already changed her status on the date immigration got your application - she is not on F1 since that day!!!

She cannot fail out of status, as her status is pending, waiting to be adjusted. However, she can be out status if it happens that she does not get approved for her gc.

She does not need to enroll at school anymore as she is not on F1 anymore. She is an AOS APPLICANT and as such her status is pending. She can work as soon as she gets her EAD with no effect on her current status.

Thanks John for your response. My understanding was, F1 will be intact until you start using EAD. Seems like there is not Contingency plan in this stage if her GC doesnt get rejected. any thoughts?

I filed concurrently under F2A category for my wife who is currently on F1 student visa. Our priority date for both I130 and 485 is 9/27/2013. Our I130 and 485 is under review and won’t get decision till our date is current which is indefinite for now. We are expecting EAD in next 2-3 weeks. My questions are regarding how the beneficiary should maintain the visa status post EAD.

Questions,

- is it safe to take up job on EAD and loose F1 status? I am asking in conjunction to what if our I130 gets rejected in future. We want to make sure she doesn’t go out of the status. I know possibility is very little but still wants to make sure we cover our bases.

- can you maintain F1 status while taking up new job on EAD? My understanding is, you lose F1 status as soon as you take up job using EAD.

We are asking this because it will help my wife decide if she needs to enroll as full time student or can be part time student. Just thinking of reducing class load as she is planning on taking up a full time job.

Your valuable inputs are highly appreciated. Thanks guys!

Just got my RFE. Its the same- requesting for evidence for sponsorer being US Citizen. My lawyer will be responding tomorrow.

shadowflex-

OK. my case is still with MSC ( i think). Not sure if its being trasferred.. where do you see that? i live in California, it will great if they transfer it to CSC.

now waiting for the letter of RFE.. lets see what they want.

Just curious, why you didnt file concurrently though, the timing was perfect for you. You would gotten atleast EAD by now .

Hi shadowflex

Just to be sure you filed concurrently for I-130 and 485, right?. if yes, seems like you did not recieve RFE.

I just recieved the notification of email saying the letter of RFE is sent. I will update you guys once I recieve the letter.

That's what I thought. I wonder why people at USCIS are not aware of F2A being current for these months. I understand Aug was the first month and they might not have realized but common.. by september, you must come across one case and care to find out why F2A people are filling concurrently.

I am suspecting, they will do the same for me. so you just responded with a letter explaining the reason and copy of Sept 13 visa bulletin?