Status Question
 

Hello,

I could use some help here. And I am sorry this is a bit rushed I have to head out the door. I am looking for some official website that explains that my husband is legally in the US. We have been married two years and have decided to buy a house. The underwriter on our loan is giving me trouble. My husband entered on a fiance visa. I have tried to explain the fiance visa process to the mortgage company and how my husband can live here if he has submitted his AOS paperwork. I have provided them with copies of his employment card, his original visa, our original receipt for AOS, his travel documents everything. They still don't get it. They still seem to think he is here on a work visa although I have told them many times he is not. Can someone please point me to some official website that explains my husbands status.

P.S. His AOS interview is June 23rd, we close on June 29.

Jana

Re: Status Question
 

Maybe print off info from the USCIS official website? When we applied for our mortgage, we just gave the bank a photocopy of DH's greencard (he was a CPR at the time) and that sufficed. Hope it all works out, and congrats on your
upcoming closing and subsequent new home!!

Dawn

Re: Status Question
 

Jana,

What are the specific questions, or objections, that you'e getting from the mortgage company? Not that I could address them if you posted them, but without knowing it's impossible to have an idea of what might satisfy their concerns.

On an even less positive note, when I bought a house 3 months ago the lender advised that I not include my wife on the mortgage application because she was still pending adjustment at that time. They said it would make it more difficult to get the loan than if I applied myself. I was able to qualify on my own income so it was not a critical issue for us.

Regards, JEff

Re: Status Question
 

Hi Jana,

I don't know where to point you, but just to let you know I had a similar run-around with the credit department of our bank. It seems they don't quite understand the status of someone who is "Pending AOS".

If they want proof of his legality in the USA, I would think the unexpired EAD would do it....he can't get one of those without being here legally! Even if they *think* he's here on a work visa, wouldn't that be ok just to proceed with your loan paperwork? What document are they actually looking for?

Rene

Re: Status Question
 

Hmm... interesting.
My husband and I bought a house last August, and we had no trouble whatsoever.
Maybe the difference is that in our case "the man of the house" is the USC?
I would say that the best referral would be the USCIS website: http://uscis.gov/graphics/index.htm
Too bad that in case of AOS, you can't use the online case status!
Another website with decent explanation in everyday English is that of the US Department of State:
http://travel.state.gov/visa/immigra...info_1339.html
Funny, how they link back to the USCIS site: http://uscis.gov/graphics/services/imm_visas.htm
This last link might even be the simplest of them all?
Good Luck!

Re: Status Question
 

Hi Petra,

Your AOS status can be tracked on the online case status, just like the EAD and AP status. It's the Removal of Conditions that can't be tracked online.

But that doesn't always mean the online status is even correct, anyway...our AOS interview is next month, and the online status still says they're processing it after the biometrics, and the last date it was touched was August 2004!

Best Wishes,
Rene

Re: Status Question
 

Rene,

AOS progress can be tracked on-line for recent applications, since the applications began being submitted to the Chicago lockbox. But Jana's husband's I-485 was submitted roughly 2 years ago and the submission would have been to a local office. That cannot be tracked on-line.

Even so, the on-line status really doesn't provide much meaningful information.

Regards, JEff

Re: Status Question
 

Hi JEff,

We submitted our AOS to the local Phoenix office, and I can still see the online status....? Are you just saying the updates just don't show up on those applications submitted to the local office? That would explain why the online status didn't get updated when we got our appointment letter.

But that's not fair! :( (of course not...it's USCIS...lol)

Rene

Re: Status Question
 

It sounds like you are giving them ample proof of his legitimate presence in the US, but they just dont know enough about the laws to recognize what is right in front of them. I would print out what you can find on the USCIS website and give them a written statement telling them that you have provided the proof that your husband is in legal status when you gave them the EAD and AOS receipt. Hopefully a letter from an attorney wont be needed.

Good Luck!
:)Marnee

Re: Status Question
 

Hi Jeff,

That's just the thing. They are trying to verify his status. They called and asked me for a copy of his H1 Visa. I tried to explain again that he was here on family class. I have faxed over his interview letter for his AOS interview. And I have provided them with a copy of his employment card. I have basically given them everything I have. I also sent them a link from the uscis website in the FAQ section about fiance visas. It doesn't explicitly say they are allowed to stay but it does say that they can apply for work permit, travel documents, etc. So it is implied. Hopefully that will work but who knows. I don't think my income alone would qualify us for a loan but who knows? Hopefully this will be sufficient but I will fight them on this. He is here legally. I don't know why they can't just call an immigration attorney and get this information.

Re: Status Question
 

Rene,

Did you file it during the period when some of the local offices were starting to forward applications on to the NBC, in the months prior to when it became mandatory to submit there directly? If you submitted as long ago as Jana's husband did, when the applications were fully processed locally, I'd be surprised about what you're saying but will be happy to be corrected.

As for the updating, your experience is the same as mine - hit or miss. My wife's and stepson's I-485 status was update only once, when it went from received to approved. And the status for my I-129f petition for her still says 'received, we'll let you know when a decision is made'!


Regards, JEff

Re: Status Question
 

Rene,
You are absolutely right, sorry for my confusion.

Re: Status Question
 

JEff,

We filed in June 2004...so not as long ago as Jana did. I'm not sure if our date falls in the time frame you mention or not. It doesn't really matter...we have the interview date so I don't care what the online status says anymore. :)

Actually, not having the online update to warn me, it was far more exciting to get the interview letter in the mail as a surprise!! :D

Rene

Re: Status Question
 

Jana,

I hear you saying all of the things you've done, I'm not hearing what specific questions they are asking. What did they say next when you told them, "He doesn't have an H1 visa, he has a K1 visa?"

It does sound as though you've provided the information that they need to have, but they still do not comprehend what information they can expect someone in your husband's situaton to be able to provide.

It may be that, for K people, getting mortgage loans is somewhat analogous to getting drivers licenses in many states - the regulations they go by just don't recognize their in-between status.

I hope you can work it out.

Regards, JEff

Re: Status Question
 

Rene,

This has got my curiosity. To check status on-line one needs a Receipt Number, which comes on an I-797 Notice of Action, right? You have an NOA? And What 3 letters does your Receipt Number begin with?

I see that Arizona was among the states that first had manditory submission to the NBC lockbox, starting December 1, 2004. Indiana, where I am, was in that group also, and I know that when my wife first submitted her I-485 to the Indianapolis Sub Office in late April 2004 they sent it the next day to the NBC.

I'll bet that Phoenix was doing the same thing - using the NBC for pre-processing before it had become a requirement.

Regards, JEff

Re: Status Question
 

JEff,

Yes, we have the NOA...it starts with MSC which shows that Phoenix did indeed forward the file to NBC, right?

The last update on the online status is from August 2004 which says that his biometrics were received and processing has resumed on his application.

Sounds like your theory is right! So are you saying that people in our situation won't get online updates on their AOS status because of the switchover to direct Chicago lockbox filing, or are you saying ours just got the "miss" part of the "hit and miss" scenario? ;)

Rene

Re: Status Question
 

Rene,

I'm saying that AOS applications that didn't begin with pre-processing through the NBC won't be seen in the online status. We were probably among the first, Jana's husband is probably back in the 'dark ages'.

Your husband seems to have been more hit than my wife - she never got the biometrics update. As I said, she went from 'received' last August to 'approved - your card has been ordered' last Friday with nothing in between. Today it says 'approved - your NOA has been sent' - and so far today I've received 3 e-mails all with that information. They must be trying to make amends.

Regards, JEff

Re: Status Question
 

Well now that I have told them that, I am waiting for them to get back to me. We have a middle man. I am talking to the mortgage broker and she is talking to the underwriter. Sorry for the confusion, I hope this clarifys it.

Jana

Re: Status Question
 

Hi:

Notionally speaking, he is NOT here "legally." So you won't find something on the CIS website on that. He approaches what might be called "PRUCOL" -- a phrase often used for "permanent resident under color of law". The term "color" is legal jargon for something with the appearance, but not the substance. Once the 90 day admission expired, he ceased to be in status. While the application is pending, DHS will allow him to stay, give him work authorization -- therefore he has the "color" of "legality."

Sorry if this sound weird.

Re: Status Question
 

Actually, that explaination is very clear and makes a lot of sense! Thanks for that, Mr. F. :)

Rene

Re: Status Question
 

Yes, it is clear, and it explains why a mortgage lender may not accept someone who is pending adjustment as a borrower. It carries a degree of risk that they may not wish to accept, no matter how small we may think that risk might be.

Regards, JEff