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DAP Forums > DREAM Act > The Lounge

DACA to AOS - Page 19

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#181
08-22-2016, 09:02 PM
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Quote:
Originally Posted by knives View Post
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.
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?
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#182
08-22-2016, 11:42 PM
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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.
__________________
Application Sent - 08/21/2012 to Chicago Lockbox
Delivered - 8/22/2012
G-1145 Notification - 9/24/2012- Routed to Texas
Date of I-797 C Notice of Action - 08/24/2012
Date of Biometrics Appointment - 09/20/2012 Walk-in - 09/10/2012 EAD Approval - Pending
Last edited by knives; 08-23-2016 at 12:00 AM..
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#183
08-23-2016, 07:52 AM
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Quote:
Originally Posted by knives View Post
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.
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.
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#184
08-23-2016, 11:30 AM
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Quote:
Originally Posted by Ianus View Post
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?
Quote:
Originally Posted by Ianus View Post
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.

So that means i have nothing to worry about?
__________________
Application Sent - 08/21/2012 to Chicago Lockbox
Delivered - 8/22/2012
G-1145 Notification - 9/24/2012- Routed to Texas
Date of I-797 C Notice of Action - 08/24/2012
Date of Biometrics Appointment - 09/20/2012 Walk-in - 09/10/2012 EAD Approval - Pending
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#185
08-23-2016, 12:17 PM
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Quote:
Originally Posted by knives View Post
So that means i have nothing to worry about?
Correct, I am guessing that paperwork she is waiting on is the i130. You should be able to gain your residency.
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#186
08-23-2016, 06:50 PM
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Quote:
Originally Posted by MrsK View Post
I'm confused
Any updates on your case yet? still waiting for my cases to show up online.
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(I-751) Removal of Conditions Delivered: 11/30/2018
Notice of Action: TBA
Biometrics: TBA
Case Ready For Interview: TBA
Interview: TBA (I-751) approved: TBA
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#187
08-23-2016, 07:09 PM
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Quote:
Originally Posted by Venus View Post
Any updates on your case yet? still waiting for my cases to show up online.
Nothing yet, still waiting for interview date. I'm surprised ur cases r not showing up.
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Green Card application Sent/received: 7/1 - 7/5/16
Notice of Action: 7/11/16
Biometrics: 8/5/16 (Appoitment letter received 7/25)
Interview: 12/15/2016 approved on the spot.
Card received: 12/23/2016 (best Christmas present ever!)
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#188
08-23-2016, 08:09 PM
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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.
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DACA 2nd renewal app received: 04/22/2016
Biometrics: 05/11/2016
DACA expiration: 09/18/2016
DACA & EAD renewed: 08/24/2016
EAD Received: 9/3/16
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#189
08-23-2016, 10:46 PM
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Quote:
Originally Posted by MrsK View Post
Nothing yet, still waiting for interview date. I'm surprised ur cases r not showing up.
Yeah it's still not showing :-/ hopefully it does soon!
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(I-751) Removal of Conditions Delivered: 11/30/2018
Notice of Action: TBA
Biometrics: TBA
Case Ready For Interview: TBA
Interview: TBA (I-751) approved: TBA
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#190
08-23-2016, 11:43 PM
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Quote:
Originally Posted by Lateralus View Post
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.
Same, I have my AOS bios on Thursday

My EAD renewal expires 09/10/2016
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