British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Status Question (https://britishexpats.com/forum/marriage-based-visas-35/status-question-307367/)

Noorah101 Jun 7th 2005 8:36 am

Re: Status Question
 

Originally Posted by jeffreyhy
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

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

jeffreyhy Jun 7th 2005 8:51 am

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


Originally Posted by Noorah101
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


Jana Jun 7th 2005 9:13 am

Re: Status Question
 

Originally Posted by jeffreyhy
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?"

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

Folinskyinla Jun 7th 2005 9:42 am

Re: Status Question
 

Originally Posted by Jana
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

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.

Noorah101 Jun 7th 2005 10:20 am

Re: Status Question
 

Originally Posted by Folinskyinla
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.

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

Rene

jeffreyhy Jun 8th 2005 2:21 am

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


Originally Posted by Noorah101
Actually, that explaination is very clear and makes a lot of sense! Thanks for that, Mr. F. :)

Rene



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