Romeio

Hello everyone,

I have some questions and hopefully some of the expert gurus here will help me out. Here's my situation.
I came to US on F-1 visa in 2001. But i didn't go to college after a semester which means I'm out of status (more than 360 days). In September 2003, I married a US citizen and send my marriage-based AOS application on Dec 23, 2003 through a lawyer. The following are the questions now.

1. My lawyer said that he mailed in the application to a INS post box in Chicago since boston does not accept walk-in submission of the AOS anymore. He further said it goes to Missouri service center from chicago post box. After that, the missouri center will send the approval to my lawyer and we can go to boston ins to apply for my EAD. He said i have to go through this since i fall under Life Act category. Is it true??? Or is something going wrong?? It's already been 3 weeks after mailing the applications and we've not gotten anything yet. I'm getting worried with so much revolving around of my application.

2. What is Life ACT? Do i fall under that act coz i'm out of status with my F-1 visa?

3. I read somewhere in this newsgroup that the US citizen needs to send in her state issued birth certificate. If not, then INS will send in a request for evidence(RFE) delaying the process. I'm not sure if the certificate that my wife has is state issued or not. It is issued by Salem Hospital. It's got a big golden star on it and my wife's tiny footprints. If it's not the state issued one, how can we get one? I guess my lawyer just sent a copy of it with the applications.

Sorry for making this thread so long. I would really appreciate for anyone's help in easing my worries.
thanx in advance
Romeio

Ray

You will need the long form birth certificate

http://www.ci.boston.ma.us/registry/registerbirth.asp

Romeio

Ray, Thank you for the response and the link.

Rete

I am not an attorney and the following is information I have learned through participation and reading of this forum.

You retained the services if an Immigration Attorney I hope for this filing. If you are inside of the US then you are not applying for a K-3 (form I-129F) and the Chicago PO box is where the K-3 petitions are sent.

For adjustment of status via petitions I-130 and I-485 are sent to the local District Office with the exception of those filing in Baltimore, MD. In your case, as per your header, that would be Boston, MA. While they might not accept walk in filing, they do accept them via mail submission. There is a program in place where some District Offices, not sure if MA is one of them, after receipt of the petitions will send them to Missouri for initial processing. But I have not heard that it is to be sent to Missouri first instead of to the local district office. However, your attorney might well know of facts that the layperson here does not know.

Pardon me if my terminology is incorrect but under the Life Act for a limited time period undocumented aliens, those who entered the US without inspection, were able to file, with a penalty fee of $1,000, for adjustment of status under certain conditions, one of which was marriage to a US citizen. You are not an undocumented alien. You entered the US legally as an F-1 student. Being out of status does not change that fact. So you would not have used that option when it was available. BTW it expired and is no longer available.

Your wife's decorative birth certificate issued by the hospital is not sufficient for filing. She needs the registered/certified copy of her birth certificate and/or her passport showing her place of birth and country of citizenship. Someone gave you a link to obtain the state registered certificate.

Rete

anyone4tea

Hi Rete,

Your timeline said December 2003 for your citizenship - what's the status on that? Are you a USC now?

Kath

Rete

Not me but my husband. Yes the timeline states that his swearing in ceremony was December 12 ... he now a dual citizen ... Canada and the US

Rete

sibsie

Boston claims to only accept walk ins.

http://uscis.gov/graphics/fieldoffic...m#anchor155614

Rete

Thanks Sibsie

I just checked the AOS filing experiences for Boston:

http://www.kamya.com/aos/massachusetts.html#boston

And in 2003 some filed by mail and others in person. The last was December, 2003 and they walked out with the EAD the same day as filing.

Rete

sibsie

Thanks for the link Rete. Another one to add to my favourites. From anecdotal reports they seem to be an efficient office (touch wood).

Rete

They are all listed on the root post at the beginning of the forum. Lots of great information which, of course, relies on people like you to keep current.

Rete

sibsie

I've added my timeline to the Kamya site but hadn't fully explored it until now. Thanks Rete.

Romeio

Rete, Thank you very much for your kind answers. YOu are simply the great. God bless u.
romeio

Rete

My information about how to file was incorrect as per sibsie. It can filed in either manner in Boston. Mail and/or walk in.

You have retained an attorney. Call him/her and discuss this with them and see what you can do to straighten things out.

Rete

Romeio

Thanx again, rete

I talked with my attorney again. He says we can't file in person marriage-based applications at Boston INS since december 2003. So, the applications should first be mailed to missouri service center for the initial processing and after that they will send it back to the boston ins. And he says he sent it first to the chicago post box of INS and from there it'll go to Missouri though i'm not k1 or k3. Now, I'm really confused. I'm beginning to doubt on the attorney.

sibsie

Why don't you call the Boston office and ask them.