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misa

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Posts posted by misa

  1. Lenina, thanks for clarifying my thoughts about the "legal presence" issue because that would cause them problems once their case got to Montreal.

    I guess the OP has two available options:

    - apply for some sort of Canadian permit

    - have the NVC change their address and interview in the UK instead

    Good luck with your decision!

  2. The applicant in a marriage-based adjustment of status submission is the alien spouse of a petitioning US citizen, but if the USC spouse has reason to believe that the alien deceived him or her into marriage for immigrant benefit, OR if the marriage through which PR could be conferred is no longer viable, then the USC can and does have the right to end the process. Semantics are being discussed here. While the alien signs the AOS form I-485, it is only valid whilst there is an approved I-130 in place. The USC petitioner can ask that his or her endorsement of the I-130 be withdrawn. In which case, no AOS is possible based upon marriage.

    That was exactly my thoughts as well. She still has the option to pull the I-130 as it has not been approved. No I-130, no marriage-based AOS.

  3. Sorry to hear things aren't going great right now but it will pass. Hang in there! *hugs*

    Re: Apartment... is it an option to just live week to week at a motel or something until you receive your first pay cheque? I know it's not a "great" option but cheaper right now than a security deposit and first month's rent.

    Re: Food... you may wish to look into a food bank to tide you over. When you get your first pay cheque you can have your husband buy some food to donate back to them.

  4. All three (I-130/I-485/I-765) are somewhat independent of each other except that if your I-485 is denied your I-765 will be as well since the EAD was applied for on the basis of you being an adjustment applicant. So... when you get an RFE for the I-485, it stops processing on the I-765 until the RFE is satisfied and processing resumed.

    The I-130 is used to establish family relationship (independent of the I-485).

    The I-485 needs the I-130 to be approved in your case. No I-130 approval, no PR status. With those filing the I-130 and I-485 at the same time (or with the I-130 pending), they usually get approved at the same time. An approved I-130 is not a guarantee for the I-485 to be approved though (but brad, try not to worry!).

    I know it's stressful but BREATHE! :) Trust me I know how stressful it is... I'm totally neurotic about all this and went through 2 USCIS processes and 2 interviews. One to get here on a K3 and one to get my GC. I ended up channelling my neurotic tendancies into preparing documents.

    Take the time now to prepare and gather documents for an interview... you can use my checklist linked in my signature ("documents") to see what I brought to my interview but you will also get a interview letter and checklist in the mail. Also see this thread: http://www.visajourney.com/forums/index.php?showtopic=86467

    Hopefully you'll receive an interview notice soon. :)

  5. Your timeline for an interview in Montreal should be the same as everyone else waiting for a CR-1 interview there. Unfortunately the NVC is at the mercy of Montreal as well and how many interview "slots" they have free each month so calling Montreal for a interview will be fruitless (they'll just tell you to contact the NVC).

    Are you on any specific visa in Canada or just a visitor? Maybe someone can shed more light on this but there is a possibility that you may be asked to show legal presence at the interview in Montreal and I don't think visitors count. <--- someone else please correct me if I am wrong.

    Have you checked the timelines for UK interviews? It may be faster to interview back in the UK...

  6. mamalovesdada, sorry to hear about the delay. But again, it's just a slight delay and not a denial, but yeah, it still sucks. :)

    I suppose they didn't let you know about that stuff because I think their packet 3 is a standard file and they may not have known when they sent out packet 3 that the Phillipines has some pretty strict policies regarding documents.

    *hugs*

  7. The I-130 is only to establish family relationship. There is no interview for the I-130 in the U.S. The I-485 is for permanent residency so yes, it needs to be approved in order for you to get a green card (permanent residency). If your case was truly denied then it will delay things. You'll need to file a motion to reopen or refile (depending on what the denial was for). The I-130 will continue processing on its own.

    The I-131 is for advance parole and has no bearing on what is going on with your I-485. The person on that other forum is either mistaken or confused.

    Did you call and try to speak to an immigration officer yet? Did you try contacting the senator or congressperson? Your goal here is to find out exactly what is going on with your case. Whether or not it was truly denied, if they issued an RFE and it was never received, etc.

    I'm not really sure what else to suggest at this point but good luck!

  8. Snow? Crazy! It's 27C here in VA. :D

    You know, I thought about it a bit earlier this year in Toronto during a freezing cold snap where with the windchill it was close to -30C and I was walking my dog and slipping all over the ice... I'm really not going to miss the cold. :D

    And yes, I know that others in Canada endure much worse winters, but hey, I'm from Toronto and we're whiners about cold! :P

  9. I agree with Reba's suggestion since Infopass couldn't help. You could also try the 1-800 number again and ask them to escalate your call to an actual immigration officer. I am not sure if they would have more access to your file than Infopass would but it is worth a shot to find out what exactly is going on, when an RFE was sent out, etc.

    The I-130 will continue processing on it's own since it's a completely separate petition used to establish family relationship (in your case between you and your spouse).

    Did you ever go for a biometrics appointment? Also what fee did you pay for the I-485? Did you pay $325 or $395 at the time?

  10. Sounds like something got lost in the mail which happens a lot!

    Make an infopass appointment asap to find out exactly what is going on and what the original RFE was for. Explain that you never received anything in the mail. Hopefully they can get it sorted out for you. The 1-800 number will not be able to tell you much so definitely book an infopass appointment.

    http://infopass.uscis.gov/index.php

    Good luck!

  11. Really? If the AOS interview is done after you have been married 2 years- you get a 10 year instead of a 2?

    I didn't know that.

    Yup! :thumbs:

    I thought about it (briefly) prior to filing, but I decided I wanted PR status even though it is conditional. We haven't been married that long and to wait until after our 2 year anniversary would cut it a little too close for my liking. I didn't want to have to deal with an expired I-94 if my AOS was held up for whatever reason.

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