mqwang

Two weeks ago we finally sent the AOS package for my wife to Miami District Office. I admit that some of the stories I read on this group were a bit horrifying, so we decided to file via mail, as it seemed to be less painful way.

I wasn't sure about filing the I-131 via mail, as the BCIS website doesn't clearly states if it's acceptable way of filing or not. That's why, before we sent the whole package, I called the so called BCIS "help line". I called them twice, and guess what... I got two contradictory pieces of advice. One person advised us sending I-131 along with our AOS package. She also told me that although Miami District Office accepts only in-person filings of I-131, we can file it via mail, if it will accompany the AOS package. A few minutes later, I heard contradictory opinion: we can file I-130, I-485 via mail, but the only way to file I-131 is to file in person, no exceptions.

Now, it looks like the second guy was right - we just got our I-131 application back along with money order (they don't take
personal checks in Miami), pictures and the supporting documentation (copy of visa etc.). No news on our AOS package, so I'm ASSUMING that they accepted it, but you never know.

Anyway, on the top of my wife's returned I-131 application, there was I-72 form, which basically contains a whole list of instructions/reasons/requests with checkboxes. Two of those boxes were checked, so I guess these are the applicable instructions for us:

The fist one is next to checkbox number 15: "your proof of status documents have been checked and are attached. Your application/petition is being processed and will be completed in near future"

The second one: "17. Your application package cannot be processed because: Application packages containing form I-131 must be filed in person" In addition, there was also the following hand written remark "apply as soon as you receive your appointment letter"

As you can imagine, both instructions do not quite make sense (unless I am missing something), but those few hand written words really confused us. What (or rather which) appointment letter???

What the heck they meant by writing this? Any appointment letter that comes first (fingerprints, EAD or AOS)? If they meant appointment letter related to I-131 application, then well... it's not gonna happen, because how can she get an appointment letter for an application that was returned to us?

I slowly begin to regret that we didn't file in person...

Any ideas what to do next? I guess I am not gonna get any serious adivice from BCIS information line...

Thanks,
mqwang

mqwang

Help!

An update: just called the BCIS mis-information line, told the same story to two different persons and quess what... each of them told me something else.

The first guy told me to wait 60 days for notice, and then apply in person. Once we recive, we can apply for Advance Parole in person. Period.

A few minutes later, when I spoke to a lady, she bascially told me something else: local offices do not sent notices and if we sent I-131 along with our application for AOS, then the I-131 should have been accepted and porcessed. She got no clue why it was returned nor what sort of appointment should we wait for... According to her, we should either re-send it or apply in person now, because the notice the first guy told me about, is not gonna arrive.

Any clues what should we do next?

Assuming that I re-send it with a letter saying that the application shoudn't have been returned to us, what are the chances that this time they will actually process it?

Thanks,
mqwang

Caro

If it is urgent, I would file for AOS as soon as you receive some kind of receipt from Miami [because really that is all you need besides the I-131 and the evidences].

The odds are that you will need to go to Miami to pick up the EAD. So, since you are making the trip anyway, you can probably apply at the same time to save you a trip.

I am using SF, so what is above is purely a guess....

Hope that helps,
Caroline

Caro

P.S: Have you checked the Kamya website for filing experiences in Miami?

meauxna

Look up this post and others from katesuiter: http://britishexpats.com/forum/showt...ighlight=miami

She's recently gone through what sounds like hell, but has the current info.

mqwang

I am familiar with Katesuiter story, and I totally agree – sounds like she’s gone through hell. That was the main reason why we decided to file via mail.

The problem with Kayma website is that there is not much relevant and up-to-date information for Miami, besides Katesuiter story which describes in-person filing experience. Too bad that other people from Miami area don’t want to share with others their experiences…

Anyway, here is an update for all people who may want to file AOS in Miami via mail in the future: Yesterday, we received another letter from Miami District Office. In the envelope we got the following documents (each with my wife’s file number):

- Receipt for I-485 – estimated processing time: 11 months
- Receipt for I-130 – estimated processing time: 11 months
- Receipt for FD-258 (fingerprints fee) – estimated processing time: 6 months
- Receipt for I-785 - estimated processing time: 80 days
- Appointment letter for fingerprints: beginning of October 2003

So Miami District Office does send receipts and NOAs for AOS applications filed via mail The filing date on all the receipts is exactly two weeks after the AOS package was received by BCIS. So the "initial" processing time is 2 weeks – and that’s what you can save if you decide to file in person. So if you need the AP ASAP and/or you are not sure what to put in the application(s), go and file in person. Otherwise, I would suggest filing via mail

One more thing: when I called the BCIS “help line� three days ago, the officer told me that estimated processing time for I-485 and I-130 applications in Miami was 16 months (!?). I guess it changes either on daily or on weekly basis.

Since we need the AP for my wife pretty soon, we gonna apply for it in person within the next two weeks. I let you know how it goes.

Mike