frzd123

Hi folks,

One of my friend just received his welcome letter from NVC. He is living in US right now and he wants to do AOS. Now he is wondering when he can actually do the AOS because in the letter they have mentioned that he should pay the fee. But as I recall, one who is doing the AOS is not supposed to pay the fees because he is not supposed to do what actions declared by NVA.

My mom is green card holder and is still there, she got her social security number. But we ahd nothing to transfer to united state we just sold some furnitures and had no any ownership in iran.she is in united state rightnow and wont come back in Iran since we have nothing and no any family's are living here.

it is interesting because your mom is living there but the office asked you to show the documentation. However, it is totally fine and you can easily prepare the documents. After preparing the documents (which is really easy), send an email to the Dubai embassy and attach the documents. Then you should address your case number (if you already had the interview) and ask them if the prepared/attached documents would be enough. I know you should pay to go Dubai and have the interview so if I were you I would make sure I have all documents in my hand before heading to Dubai!

Good Luck!

My mom is green card holder and is still there, she got her social security number. But we ahd nothing to transfer to united state we just sold some furnitures and had no any ownership in iran.she is in united state rightnow and wont come back in Iran since we have nothing and no any family's are living here.

So just prepare anything which shows that your mom is living in US now. Credit card or bank statement would be enough for that. Just send the embassy your mom's recent bank statement. Any utilities would be also useful (electricity or ... bills) in your mom's name is on it.

Hi there, i was at embassy in Abu Dhabi, in January.

I have been told that i have to submitted and prepared enough Petitiononer domicilin documents then comeback.

I wanna know what should i give them, my mother is 65 years old, has no ability to speak in english, can not work, so what i have are insurance, bank accounts and credit cards, celphone bill, fix tel line bill, house rent contract, Dr's check up and medications documents.

All of them are notarized.

What should i give them more?, please let me know. Is that correct that they will send my to AP process for unknown amont of time to check background?

Is your mom a US citizen? If no, would you please tell us is she is living in US or not?

Hi there, i was at embassy in Abu Dhabi, in January.

I have been told that i have to submitted and prepared enough Petitiononer domicilin documents then comeback.

I wanna know what should i give them, my mother is 65 years old, has no ability to speak in english, can not work, so what i have are insurance, bank accounts and credit cards, celphone bill, fix tel line bill, house rent contract, Dr's check up and medications documents.

All of them are notarized.

What should i give them more?, please let me know. Is that correct that they will send my to AP process for unknown amont of time to check background?

The U.S. Domicile Requirement for Petitioners Living Outside the U.S.

A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that:

1. He or she has taken steps to establish a domicile in the United States;

2. He or she has either already taken up physical residence in the United States or will do so currently with the applicant;

3. The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

4. The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or

5. Must at a minimum to state that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

1. Opening a bank account;

2. Transferring funds to the United States;

3. Making investments in the United States;

4. Seeking employment in the United States;

5. Registering children in U.S. schools;

6. Applying for a Social Security number; and

7. Voting in local, State, or Federal elections.

He is already inside the US. His case is being processed inside the US because he is already here. His interview will be in the US and can happen before his PD is current. He has applied to adjust his status for a green card. He does not need an immigration visa. The law allows him to stay and work until his PD is current until he can receive a green card. While the law does not allow him to get a green card until his PD is current, it does allow him to stay and work while he waits.

Most of you are outside the US. Your cases will be processed at US embassies and consulates in your countries. Your interviews will be at the US embassies and consulates when your PD is current. You will apply for immigration visas which automatically get you green cards when you enter the US. You can not get immigration visas until your PD is current.

Before you even ask if you can get a visitor visa or the VWP to enter the US to adjust status; the answer is no. If you are already here, then you can do it. You can not come to the US on visitor visas with the intent to adjust status.

Thank you so much for your answer. I am also in US and working here. I came to US with a nonimmigrant visa. I was asking you the question because one of the people here filled the documents pertinent to the AOS and then sent to the USCIS before his PD becomes current and he got refusal letter. Moreover, based on what it is declared by USCIS website, one is planning to do the AOS should follow the finish date chart not the filling date, please see the attached link.

https://www.uscis.gov/visabulletininfo

Please share if you have any other idea or ...

He is adjusting status in the US and the adjustment of status interview is here. This is NOT a visa interview. His processing will be different from those waiting for visa interviews.

Would you please make it clearer? He sent the documents to USCIS once he received the welcome letter from NVC? So he send the documents before the current day becomes current?

DO NOT DO THIS , NEVER, I WARN YOU, As soon as petitioner present in US embassy or out of US , you must provide more evidence for DOMICILE step, then maybe they will not issue visa instantly.

Thanks for your response. You mean the petitioner should not come to the USCIS (because one is doing the AOS he/she is living in US and should go to the USCIS office not US embassy for the interview). Is this correct? Did you do the AOS?

Hi Folks,

I have a general question for those who want to do or did the Adjustment of Status. Is it required to the petitioner comes with the applicant on the day of the interview? In other words, should my mom who is my petitioner comes with me on the day of the interview? Please give some references if available.

Thanks!

When I check the visa status (https://ceac.state.gov/CEACStatTracker/Status.aspx ) for the person I was helping with, whose Visa was already issued I see that ‘Status Updated Date:” has changed couple of times, since visa was issued. Has someone noticed this and is this normal?

Yes, it is normal.

Her priority date was from when they acknowledged the original paperwork unless I'm missing something....?

You can confirm the PD from form I-797C, notice of Action. You should receive this form from USCIS once your application had approved. I was confused because usually the PD would be the

day the petitioner which is in you case your father, filled the i130 form. You mentioned that the i130 got approved in 2013 correct?

Hello,

So I have a question about the F2B processing. My sister (unmarried over 21 years old) was sponsored by my/her father, who is a permanant resident. The case was given priority date of Feb 2011 and I130 was approved October, 2013.

In relation to the visa bulletin, the current FILING priority date is Dec 15, 2010 and has been for multiple months now... I am hoping it eventually moves up by a couple of months next time it shifts, we will see.

Once the priority date becomes current, we will be waiting until the NVC contacts her to mail in the I-485 forms and necessary documents. However, my sister has recently given birth to a child (November, 2015).

I did some research and it appears that a form (DS-261/260 I think?) can be filled out for the baby and sent to the NVC. My question is, will this form be sent in once the priority date becomes current and the NVC contact for the I-485 and other documentation or does it need to be sent in prior to this?

Would appreciate any insight folks may have.

Thanks.

If she wants to apply for the Adjustment of Status, she should inform NVC regarding this issue once the welcoming letter gets in. Once this is done, NVC will send her docs to USCIS for further considerations. Note that she is not supposed to pay the fees required by NVC and she should pay the fees required by USCIS instead.

One issue confused me here. Her i-130 was approved in 2013 but the PD is in 2011? How is it possible? Have you asked NVC to change the PD?

I went for the infopass app and the officer said ita due to the priority date but then she checked the letter properly and saw it was incomplete and the grounds for denial were not clear, she also went to look for my case to figure out whats going on. After 20 mins she came back and said 'we dont have your file it has been sent away" so she cant tell me what notes or why i got that letter. She then told me to writr an inquiry and she will go to her supervisor and i should hear back from her supervisor by the end of the week.

So i got no answers , she clearly could see it was an error and she said to state the reasons in the paper she gave us. She also said i should file a motion and if i want to i can refile to keep me in authorized stay.

I have seen that USCIS informs people to send the documents based on the FILING dates table some month. But for this month they have declared one should send the documents based on the FINAL ACTION DATES table. Do you think there are really important?

Thank you, at this point I feel very frustrated after all these years and never had any issues withe uscis until now, but I will continue to pursue this until they correct their error .

As for the documents I sent , here as follows;

G-1145

Appropriate fee

2 passport photos

Copy of birth certificate

Copy of visa page (F1)

Copy of passport page

Copy of I-94

Copy of approved I-130

G-325A

Copy of current I-20

Copy of all EADs and Approval notices

I-864

Copy of petioners/sponsors tax return, birth certificate, passport, green card, employment letter,w2s

I-693

I-765

I-485

That's everything I sent

Thank you so much for sharing this information. Do you think the PD does matter for your case? In other words, do you think it would be better to let time goes by till the PD comes current or it doesn't matter if one send the documents to USCIS ahead of the time?

Thanks in advance.

I just posted my experience above from the infopass.

To summarize. They know its an error and i shouldnt of been denied but ill have to wait until i hear from a supervisor to correct the issue but in the mean time refile and file a motion.

I wish your case will be finished soon and you get your green card as soon as possible. Please keep us updated. One more thing, do you mind to share all the documents that you have sent to USCIS for the AOS. Thanks a bunch.

Hello all,

I am new here but following for a while please i need guidence for a very unique case.

I am on a F1 visa- i saw on the new visa bulletin in october 2015 filing application date made me eligible to apply. ( My priority date is aug03 2009.

I applied to adjust my status.

I have done all fingerprints, recently i was given an interview which i went and the immigration officer said my file was perfect no problems just wait for a decision letter.( i thought it was strange i would recieve an interview before my priority became current but since it will be current may 1st according to the visa bulletin i assumed it was nice). However within three days i was mailed a letter of denial! The letter had nothing but flaws and errors it was a template that read i could of been denied for any of the following reasons unlawful presence, unauthorized employment and not admissible to the US.basically the grounds for dismissal are all incorrect. The only issue i could fine is my priority date is not current. But that is not on my error i applied when i was eligible to but they gave me an appointment before my priority date.

I have contacted nvsc several occasions all of which said it sounds as if the letter has errors and the IM may have not been aware of the new filing law. They also advised i file i290b and make an infopass app.

The infopass app is in 2 weeks. We also spoke with a lawyer who stated i have no reason to worry and it is in error.

Did anyone else go through this problem or can advise me what to do incase the IO at the infopass wont reverse the denial.

My lawyer also advised against the i290b because it takes months to process and is an additional fee of $600+ , she also said i should refile i485 day after info pass worst case scenario.

I am going to be out of status soon please someone help

Any updates on your case?

Congratulations to you and your son?

Can you or someone who already has been already issued F2B visa tell me what is the IV category printed on Visa foil. The person I was helping got approved as well and got his visa. His category is F2B. On Visa sticker IV category printed is F24.

See the following link to find the answer of your question:

http://www.trackitt.com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes

I was here legally in the US when my I-130 was filed and approved which was approved within 2wks very fast.

Since then i have remained an F1 student and applied and approved post completion OPT.

I have always been a student and my AOS application was filed after 3yrs of being a student. I have never fallen out of status or worked withiut USCIS authorization and always worked within the timeframe of my EAD card.

I submitted all this evidence along with all NOA's sent to me since ive been here in the US.

So when i filed for i-485 with my parent i was legally here in F1 status and still legally here in F1 status.

Yes i did go to the interview with my petitoner and the officer just asked to confirm my name address, when i came last in the country , what status was i when i came, where do i live now, where did i live before and who with. And where do i work what do i do.

He then had questiosn for my peitioner on job information , asked about photographs submitted , lease etc. asked for another copy of I-130 because he couldnt find it so we resubmitted it to him in person. Asked to see birth certificate, ID and passport which was when he took my i-94 and then said do i have any wuestions? I said what is the next step and when do we recieve a result he said within 90days you will recieve a decision . I asked if he needed anything else from us he said no your paperwork is al fine, i see no errors no flaws or discripancys and then we left.

Also i forgot to mention i recieved welcome letter from NVC in july 2015 i called them and said i will be adjusting ny status within the US

As far as I know you can fill the forms corresponding to the AOS when your PD becomes current in the Application Final Dates. I have seen some people that are applying for AOS once they PD comes current based on Dates for Filling FSV application. I think for your case this wouldn't be important but I am not quite sure about it. If I have to guess, the problem arises because of a mistake OR the problem is happening because of the transsion of your visa form F1 to OPT or whatever. Please keep us updated regarding this issue.

The letter said we are denying you because ;

vidence of record shows that, when you filed your application, you were present in the United States contrary to law because [ state reason, such as - your lawful nonimmigrant or parole status had already expired or you were present without admission or parole or you had engaged in unauthorized employment or etc.] you are not authorized to remain in the United States and should make arrangements to depart as soon as possible. ..."

Basically its a template and the reason is not stated. Also of the above reasons in the template none of those apply to me.

My PD is aug 03 2009, i applied using filing application date on October 20 2015. I am category F2B

Reciwved receipt Oct 28

Had fingerprints Nov 18

Recieved Interview letter march 23

Had interview april 19

Recieved lwtter of denial april 25.

The interview went well and the officer took my i -94 and said you will recieve a decision within 90 days.

I have made 2 service requests and case has stil not be assingned by officer .

I have an info pass app next week.

Basically i recieved letter of denial and there is no reason for denial stated.

My priorty date was not current but is current now as of May 1st.

Were you in US, when your petitioner filled your i1130? It shows that you were in US illegally at some point. If you have been living in US legally bring some documents like your F1 visa or so on to show you came to US with a valid and legal nonimmigrant visa. If you have already provided all the aforementioned information, you will be all set and schedule a meeting with infopass would be useful.

In the interview, is your petitioner (your mother or father) was there? What were the questions the officer asked you?

Please keep us updated regarding your case.

Hi,

I also filed using the filing application date from october 2015-

I am Adjusting status currently living in the Us legally.

I had fingerprints within a month after filing and also had interview after interview recieved a denial based on no evidence . Did any one else ever recieve a denial based on no reason?

Would you please provide us the complete context of the letter you have received? When was your PD and when did you filled the form for AOS? What is the documents package you have sent to USCIS? Did you inform NVC regarding the AOS?

If they didn't file then you can't claim:). I have so many USC friends who didn't file for their relatives 10-15 years ago. They can't just walk to NVC now and request that let my relative come because we didn't file 10 years ago.

On a side note/good news, you can file for Adjustment of Status in US, if you're here legally and maintain legal status till your PD is current/your interview date with USCIS. Also, since USCIS changed the rules around processing to match the NVC process, you can file adjustment of status in US based on dates in 2nd table in visa bulletin(i.e. 15DEC10 for May 2016 visa bulletin). In other words, for example if your priority date is 14th December 2010 then you can file adjustment of status in US on or after May 1, 2016.

P.S.> I'm not an attorney. The analysis is just based on my knowledge on the subject, so I can be wrong !!!

I really appreciate your kind consideration. There were really useful information for me. I will have some research on this issue and let you know if it turns to something new.

He was a F2B beneficiary and he was physically present in the U.S when the time came for him to be interviewed. After he posted his interview experience on the Univision immigration forum, I asked him how it was possible for him to have had his interview in the U.S. I told him that every F2B candidate must have their interview in their home country or the country where they legally reside.

He replied saying that it was possible for him because he had a certain visa status in the U.S. (which I don't remember now). I don't remember if he held an immigrant or a non-immigrant visa category at the time of his interview.

I would happily look that conversation up for you, but the Univisiom immigration forum is closed down.

I hope you can find your answer. The NVC might be able to shed some light.

you can get Adjustment of Status,once PD becomes current, if you were entered USA legally.

Thank you so much for your consideration. I have one more question: My parents got their green card in 2011 but they have applied for me in late 2012, so my PD is sometime late in 2012, is there any way to change the PD to sometimes earlier in 2011? In other words, can we claim since they got their green card in 2011 and they could be able to apply for their children at that time, change the PD to sometime in 2011?

You are referring to F2B category, right?

I've only read of one case where a F2B candidate was allowed to have his interview in the U.S.

As far as I know and for the most part, you will have your F2B interview in your home country or the country where you legally reside (outside the U.S).

Right, I am referring to F2B. It means you have seen lots of F2B categories were living in the USA but they had to leave USA for their interview or you mean you just have one case in your mind that he/she lived in the USA and had the interview in the USA?

I am wondering once my PD becomes current should I leave US or I would be able to do the procedure here in the USA. It should be noted that I am living in the USA legally.

Hi,

I have a general question: I am living in US right now. I was wondering should I leave US for my visa interview? Is there any place in US that I would be able to go there for the interview?

Thanks.