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-   -   Marriage based AOS filed, got a few questions (https://britishexpats.com/forum/marriage-based-visas-35/marriage-based-aos-filed-got-few-questions-727183/)

dewr41 Aug 2nd 2011 3:53 pm

Marriage based AOS filed, got a few questions
 
Hi All,

Firstly, I've been snooping around this forum for a while and have found a lot of useful information so thank you to all who contribute!

I recently filed for my AOS to PR with EAD after marriage to my girlfriend and have a few bugging questions. I am over here from the UK on a work visa and married my USC girlfriend. The Lockbox in Chicago signed for my packed on Friday 15th July so now we are awaiting our receipt notices and all that good stuff. We did not use a lawyer due to cost and getting very useful advice off others who have filed in the past, including my brother. We are quite confident that all will go well but hindsight is a great thing and I have a few questions.

Our packet included:

G-1145, 2 G-325As, I-130, I-485, I-693, I-765, I-864 and all supporting documentation asked for. We typed the forms and printed them out and paper clipped all additional information to the back. Packet was sent USPS Express Priority and was received next day via signature.

I have still not received any communication from USCIS, what is the normal length of time for them to process the initial receipt of the packet? Am I correct in thinking 30 days is the norm before I should start chasing it up?

I did not include a cover letter with my packet, just all the forms in one envelope. Upon receipt, how are the forms processed? Am I correct in thinking the forms get split up and sent to the relative department?

I was reading another thread about someone filing a different form at the London Embassy and they left a couple of fields blank and the form was rejected. I have just gone over my forms again, specifically I-130, and recall leaving a few fields blank instead of indicating them as 'N/A' or 'none'. Is this cause for concern and will the form get rejected?

Thanks in advance!

ljaw2002uk Aug 2nd 2011 4:00 pm

Re: Marriage based AOS filed, got a few questions
 

Originally Posted by dewr41 (Post 9533276)
Hi All,

Firstly, I've been snooping around this forum for a while and have found a lot of useful information so thank you to all who contribute!

I recently filed for my AOS to PR with EAD after marriage to my girlfriend and have a few bugging questions. I am over here from the UK on a work visa and married my USC girlfriend. The Lockbox in Chicago signed for my packed on Friday 15th July so now we are awaiting our receipt notices and all that good stuff. We did not use a lawyer due to cost and getting very useful advice off others who have filed in the past, including my brother. We are quite confident that all will go well but hindsight is a great thing and I have a few questions.

Our packet included:

G-1145, 2 G-325As, I-130, I-485, I-693, I-765, I-864 and all supporting documentation asked for. We typed the forms and printed them out and paper clipped all additional information to the back. Packet was sent USPS Express Priority and was received next day via signature.

I have still not received any communication from USCIS, what is the normal length of time for them to process the initial receipt of the packet? Am I correct in thinking 30 days is the norm before I should start chasing it up?

I did not include a cover letter with my packet, just all the forms in one envelope. Upon receipt, how are the forms processed? Am I correct in thinking the forms get split up and sent to the relative department?

I was reading another thread about someone filing a different form at the London Embassy and they left a couple of fields blank and the form was rejected. I have just gone over my forms again, specifically I-130, and recall leaving a few fields blank instead of indicating them as 'N/A' or 'none'. Is this cause for concern and will the form get rejected?

Thanks in advance!

Expect a notice of action by 15th August, give or take a day.

Yes they do split up the forms.

As for the blank fields, I guess it depends on what you left blank. Could go either way I suppose.

dewr41 Aug 2nd 2011 4:10 pm

Re: Marriage based AOS filed, got a few questions
 

Originally Posted by ljaw2002uk (Post 9533296)
Expect a notice of action by 15th August, give or take a day.

Yes they do split up the forms.

As for the blank fields, I guess it depends on what you left blank. Could go either way I suppose.

Fields left blank were other names used and names of previous husbands/wifes. Both of which was none so we left blank. Alien Registration Number was left blank also as I don't have one. As far as I can tell they were the only parts on the I-130 that were blank. Elsewhere in the packet, I'm sure there were one or two similar fields left blank as well as the page for evidence of additional income on I-864 as it was indicated that this did not need to filled in if she met the income requirements.

We really made sure we crossed the Ts and dotted the Is and gave as much information as possible. Only fields that were not applicable were left blank. Will they use common sense and realise this or send it back as a matter of principle?

Noorah101 Aug 2nd 2011 4:45 pm

Re: Marriage based AOS filed, got a few questions
 

Originally Posted by dewr41 (Post 9533319)
Fields left blank were other names used and names of previous husbands/wifes. Both of which was none so we left blank. Alien Registration Number was left blank also as I don't have one. As far as I can tell they were the only parts on the I-130 that were blank. Elsewhere in the packet, I'm sure there were one or two similar fields left blank as well as the page for evidence of additional income on I-864 as it was indicated that this did not need to filled in if she met the income requirements.

We really made sure we crossed the Ts and dotted the Is and gave as much information as possible. Only fields that were not applicable were left blank. Will they use common sense and realise this or send it back as a matter of principle?

There is no way of knowing ahead of time how they will handle blank fields. My layman's opinion is that they will probably let it go and process as normal.

Rene

jeffreyhy Aug 2nd 2011 5:22 pm

Re: Marriage based AOS filed, got a few questions
 
Maybe. USCIS policy is that case officers shouldn't send out frivolous RFEs, but most all questions on the forms are there for a reason, the questions are applicable to a case. So when a question is left blank the case officer is left to wonder, what is the answer? Did the applicant (or petitioner) just not see the question?

My sense is that USCIS is not as infamous as it once was for issuing RFEs due to a 'N/A' answer, but completely unanswered questions are ripe for an RFE.

Regards, JEff



Originally Posted by dewr41 (Post 9533276)
I have just gone over my forms again, specifically I-130, and recall leaving a few fields blank instead of indicating them as 'N/A' or 'none'. Is this cause for concern and will the form get rejected?


dewr41 Aug 10th 2011 11:42 pm

Re: Marriage based AOS filed, got a few questions
 
Received my initial email notifications today, that's 26 days from it arriving in Chicago for them to even open my packet... in case anyone else wanted to know who filed mid-July!

jeffreyhy Aug 11th 2011 2:08 am

Re: Marriage based AOS filed, got a few questions
 
When was the fee payment check, or money order, cashed? That would be a better indication of when the packet was opened. Also, when you receive the Notice of Action, check the Receipt Date (not the Notice Date).

Notices can be slow for many reasons not related to when the packet was opened.

Regards, JEff



Originally Posted by dewr41 (Post 9551590)
Received my initial email notifications today, that's 26 days from it arriving in Chicago for them to even open my packet... in case anyone else wanted to know who filed mid-July!


dewr41 Aug 11th 2011 2:33 am

Re: Marriage based AOS filed, got a few questions
 
Thanks for the heads up. The checks have not been cashed yet but I received the emails at 5.40pm so I will check tomorrow to see if the funds go out when the banks open.

dewr41 Aug 13th 2011 4:42 pm

Re: Marriage based AOS filed, got a few questions
 
Back on topic... 3 out of 4 of my checks were cashed, all except the one for EAD. Is that unusual?

ljaw2002uk Aug 13th 2011 4:45 pm

Re: Marriage based AOS filed, got a few questions
 

Originally Posted by dewr41 (Post 9557235)
Back on topic... 3 out of 4 of my checks were cashed, all except the one for EAD. Is that unusual?

We did a single check for the cost of the I-485 and the biometrics. If you were filing AOS from a K1 then the EAD is FREE. This may be why it wasn't cashed. ;)

dewr41 Aug 13th 2011 4:48 pm

Re: Marriage based AOS filed, got a few questions
 

Originally Posted by ljaw2002uk (Post 9557240)
We did a single check for the cost of the I-485 and the biometrics. If you were filing AOS from a K1 then the EAD is FREE. This may be why it wasn't cashed. ;)

I'm already on a work visa so not a K1 but still filed for EAD. Will see what happens! I received 3 initial notifications from USCIS, how many should you get?

ljaw2002uk Aug 13th 2011 4:49 pm

Re: Marriage based AOS filed, got a few questions
 

Originally Posted by dewr41 (Post 9557251)
I'm already on a work visa so not a K1 but still filed for EAD. Will see what happens! I received 3 initial notifications from USCIS, how many should you get?

I don't know how it works for a work visa, sorry. We got one notification for each form. Did you get a notification for the EAD?

dewr41 Aug 13th 2011 4:51 pm

Re: Marriage based AOS filed, got a few questions
 

Originally Posted by ljaw2002uk (Post 9557254)
I don't know how it works for a work visa, sorry. We got one notification for each form. Did you get a notification for the EAD?

I just checked my case numbers online and yes one was for EAD so I guess they waived the fee!

dewr41 Aug 13th 2011 5:02 pm

Re: Marriage based AOS filed, got a few questions
 
Just checked my mail box and there was one I-797C for EAD with the returned check... niiice.

jeffreyhy Aug 15th 2011 6:22 pm

Re: Marriage based AOS filed, got a few questions
 
"from a K1" is extraneous. There is no fee for I-765 in association with any I-485 filed on or after July 30, 2007.

Regards, JEff



Originally Posted by ljaw2002uk (Post 9557240)
If you were filing AOS from a K1 then the EAD is FREE.



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