Re: DACA to AOS
 

Oh jeez, really? Hmmm...sometimes USCIS does not update their field office processing times fast enough, the best estimate for me was other people from my area. We applied for AOS in late October 2015.

Re: DACA to AOS
 

So for you it took approx 8 months (Oct 15 - May 16) from app submission to approval...is that about correct? Just trying to verify the approximate time frame for AOS :)

Re: DACA to AOS
 

O wow :-o

Re: DACA to AOS
 

All cases are different it's case by case basis, so meaning it could take you 4-5 months to get processed while others take 8-12 months or even longer.. It all depends on your background checks and history in the U.S. and other factors.

Re: DACA to AOS
 

And how backlogged your field office is.

My attorney told me DHS is significantly underfunded with major budget cuts in the last 18 months(explains why they immediately cash the checks), which also means fewer officers to review the cases.

I would assume wait times would only get longer as a lot people are applying for citizenship to vote in Nov.

Either way, we all have to wait (just different amounts)

I am just glad that at least some of us are getting the opportunity to adjust our status.

Re: DACA to AOS
 

Hi guys,

For filing the forms (I-130, I-864, G-325A, I-485, I-693, I-693) Do we mail all these forms together in one envelope including the fees and evidences?

Re: DACA to AOS
 

Does someone have a quick link on what we need for AOS? I currently have daca and just married a USC.

Re: DACA to AOS
 

See page 11 of this post (last 2 posts on that page). I have explained what I submitted as a visa overstay, and Venus has explained what they submitted as an EWI.

Re: DACA to AOS
 

We sent in our package on October 27th 2015 and I received my Green Card in the mail on May 27th 2016, so it took in total about 7 months.

Re: DACA to AOS
 

O wow I didn't know about the budget cuts :-/ well hopefully all of our cases go smooth and fast.

Re: DACA to AOS
 

i had my interview on Aug 10th, the interviewer told me she was going to approve my case but she said she had to wait on a visa to be sent to her from Mexico... i guess since i had applied once before, a few years beforei got my EAD and AP and it was for regular consular processing. I guess they sent that visa to Juarez so she couldn't approve it on the spot but she would as soon as she got it. My question is, did anyone of you guys have to go through the same thing?

Re: DACA to AOS
 

I'm confused

Re: DACA to AOS
 

Same. Lol

Re: DACA to AOS
 

Hmmm...that was not my experience although I was a visa overstay. Did you file your new application based on a previous one?

Re: DACA to AOS
 

There is so much that is wrong with this story....it is ridiculous. There is much more to this story you are not telling.

1. An applicant cannot file and have approved an I-485 for permanent residency unless a visa number is immediately available.

2. Visa numbers are ONLY from the United States State Department, not Mexico!!!!

You need to extrapolate on the what petition is filed and visa category.

Re: DACA to AOS
 

Hmmmm that's weird? Your story sounds abit off? Could you be alittle more detailed?

Re: DACA to AOS
 

So me and my fiance are planning to get married on September 3. We have been together for 8 years now. My EAD expires on September 9. If my EAD expires and I still keep on working will it affect my chance on getting a green card? Thanks in advance

Re: DACA to AOS
 

No, They will ask, but if your fiance is a U.S. Citizen both illegal employment and unlawful presence is forgiven.

To extrapolate, It has nothing to do with right of an undocumented, but more about respecting the right of the petitioner. USCIS respects the rights of US citizens. It is why they forgive unlawful presence for visa overstays and 'illegal' employment.

Re: DACA to AOS
 

Awesome thanks. I will be seeing my attorney on Tuesday. Hopefully he'll be saying the same thing. From what I've read, it seems like you're right. In rare instances they have denied people, but I'm sure it's not because of working here, but other stuff as well.

Re: DACA to AOS
 

My wife an i applied to adjust before DACA we got all they way up to where they send the case to NVC, didn't send anymore paperwork. Then i heard about this AP loophole so i applied for AP, got approved. We then applied this year around April, had my interview and the lady interviewing us told us she was going to approve our case but she needed some paper work that got sent me Mexico from when we first applied. She handed me a piece of paper that said that she couldn't approve at this point for so and so reason but she wrote by hand, waiting on visa. My question was, has anyone encountered something like this.

Re: DACA to AOS
 

I seem to be making out what the issue is.

1. What were the exact applications filed BEFORE you were approved for DACA? What were the exact applications filed AFTER AP? The timing is critical, but you can still adjust within the United States dependent on how the questions are answered!

2. You were approved for AP, but did you actually travel and return successfully?

3. What was the so and so reason she wrote? What did the paperwork say exactly!!!

4. What is the status of your wife?

Re: DACA to AOS
 

1. What were the exact applications filed BEFORE you were approved for DACA? What were the exact applications filed AFTER AP? The timing is critical, but you can still adjust within the United States dependent on how the questions are answered!

Not sure since i had filed with a 3rd party but i assume what ever someone who EWI would file with a spouse that's a us citizen for the first time. I knew i would have to leave to Mexico and have the interview at Juarez. The second time it was the one where i file in and have the interview in the U.S.

EDIT. I just looked through the paperwork, the first time we filed for the I130 then for the second, it was the I485.

2. You were approved for AP, but did you actually travel and return successfully?

I was approved for AP and i did travel to Mexico and came back to the U.S without incident.

3. What was the so and so reason she wrote? What did the paperwork say exactly!!!

As for what the paper, it said, "NOTICE OF INTERVIEW RESULTS" "You have just completed your interview. USCIS is unable to complete your case at this time.Your case is being continued until a final decision can be made Please see below for further explanation."
Then she wrote, by hand, waiting on visa to come back.

Then she checked a box that says, "Your case is being held for review. At this time USCIS does not require any further information or documents from you. Should further information or documents be required, you will receive a notice in the mail We may also schedule you for another interview, you will receive a notice in the mail otherwise, a final decision will be mailed once your case is complete."

4. What is the status of your wife?

U.S born citizen.

Like i said before, she told me she was going to approve it just as soon as she got the visa. She said she has reached out to Juarez before hand and they had the visa filed away and would send it out, she said it would take about two weeks from that day (8/10/2016) before she would get it and approve the case and about a month before i got the green card. I feel happy that she said she would approve but im still feeling uneasy cause i didn't get the approval on the spot, thats why i asked if anyone have anything similar happen to them.

Re: DACA to AOS
 

From the information, it seems the USCIS personnel handling your case went by their records and sent your case to the embassy because it did not indicate that you were inspected at the time. The I-130 was never meant to make that determination though. An I-130 is only meant to prove the relationship between the applicant and petitioner. Only the I-485 should determine consular processing or adjustment of status. They made an error in processing your application, hence why you are waiting for a visa number.

Again, the State Dept regulates and issues visa numbers. USCIS only processes and adjudicates the visa number in the form of an application.

Note: Adjustment of Status is the processing of green card applicants and having the associated interview inside the US only, while consular processing should be self explanatory. They basically initiated consular processing before you asked for adjustment of status and are trying to correct it.

Re: DACA to AOS
 

So that means i have nothing to worry about?

Re: DACA to AOS
 

Correct, I am guessing that paperwork she is waiting on is the i130. You should be able to gain your residency.

Re: DACA to AOS
 

Any updates on your case yet? :-) still waiting for my cases to show up online.

Re: DACA to AOS
 

Nothing yet, still waiting for interview date. I'm surprised ur cases r not showing up.

Re: DACA to AOS
 

My biometrics letter came the other day which made me happy. At least my AOS case is proceeding while my DACA renewal is still pending.

Re: DACA to AOS
 

Yeah it's still not showing :-/ hopefully it does soon!

Re: DACA to AOS
 

Same, I have my AOS bios on Thursday

My EAD renewal expires 09/10/2016

Re: DACA to AOS
 

Hey everyone, thought I'd add my experience here. I'm finally undergoing AOS through my US citizen father. Since I'm under DACA and I've been here unlawfully for a period of time I'm applying for 245i. However my basis for applying 245i is slim at best and it honestly depresses me. Either way all I can do is prepare well with the lawyer and hope for the best and hope for an interviewer that is compassionate. My interview is on September 20th. I came here in 1995 when I was 7 years old and I'm ready for all of this to be over!

Re: DACA to AOS
 

They updated my cares! They order production of my green card!

Re: DACA to AOS
 

That's awesome! Congratulations!

Re: DACA to AOS
 

Congrats!

Re: DACA to AOS
 

Let me know how it goes :-) I applied for 245(I) as well and my AOS is based off marriage. I'm waiting for interview

Re: DACA to AOS
 

Congrats!!!!!

Re: DACA to AOS
 

Why do you think you have a slim chance to use 245(I)?

Re: DACA to AOS
 

Any updates on anyone's cases?

Re: DACA to AOS
 

I had my biometrics yesterday... So just waiting now

Re: DACA to AOS
 

It's a rather complicated case unfortunately. I'm meeting with my lawyer on Tuesday to discuss the interview and how will tackle possible questions. I'll update after the meeting.