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(fainting) TSC Approved me!

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Old Jul 9th 2001, 5:05 pm
  #1  
The Highlander
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Subject says it all.

TSC Approved my I-130 today.

<faints in shock>

Now, what the hell do I do about my AOS???
 
Old Jul 9th 2001, 10:14 pm
  #2  
Art McKnight
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When was the date of your 1st NOA and 2nd NOA?

Bear

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Old Jul 9th 2001, 10:33 pm
  #3  
Alvena Ferreira
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The Highlander wrote:
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If you are currently inside of the US, take the approval notice to your local INS
office and file I-485, I-765, and get on with your life. If you are not in US, you
will have to wait for the petition to go to NVC and then on to the consulate, have an
interview, and then enter the US. What is your situation?

Alvena
===
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
===
K-1 FAQ: http://www.k1faq.com Timelines: http://www.wkh.org/ A great K-1 Site:
http://pages.prodigy.net/alixtcat/immigrat.htm Doc Steen's Marriage Visa Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
===
 
Old Jul 9th 2001, 10:54 pm
  #4  
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Alvena

Michelle and Gordon already filed the I-485 and I-765 at the local INS level.

Being from the UK the I-130 does not go through the NVC but directly on to the US Consulate in London for the final leg of processing.

Suppose Gordon now has to make the decision as to whether it is worth the trip and expense of going to England, having his interview at the Consulate (if his overstay is not pass the 180th day) and entering the US as a conditional permanent resident or to continue living in the US and wait out the I-485 processing.

Tough call, G&M. Personally, and this is only my personal feelings, I'm so bloody disgusted with the INS and if this situation presented itself to me, I would go back to England, finish the processing there and re-enter the US as a CPR and know that I would not have to deal with the INS again for another 1 yr and 9 months.

Rita
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Old Jul 9th 2001, 11:46 pm
  #5  
Catherine K. M.
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Congratulations!!!! I know how you feel. TSC approved ours last week.

Catherine K.M. (USC) Karim (Morocco) Sent I-130 to TSC 26 Aug 2000 1st NOA 13 Sep
2000 2nd NOA 5 July 2001

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Old Jul 10th 2001, 12:23 am
  #6  
Betastar
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OMG! Congratulations!

Not that I'm not happy for you, but how the HELL did that happen???

I think I'm in shock. I can only imagine how you feel! =))))

Betastar
 
Old Jul 10th 2001, 2:05 am
  #7  
paulgani
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According to the parallel filing directives, you cannot have your file sent for
Consular Processing while at the same time remain in pending AOS status. At this
point, if you request CP, they are supposed to first get your written permission to
abandon your AOS, before they will send your file to the Consulate. In reality, they
probably don't have procedures in place to even know you've filed AOS.

BTW, you DO fit the definitions of parallel filings. It is defined as a single
petition (your I-130), for which you both filed AOS as well as requested Consular
Processing.

Since they probably won't know you filed AOS, they'll probably initiate Consular
Processing by themselves, assuming your I-130 application listed the foreign spouse's
address as in England. If you listed a U.S. address, they'll probably send you a
letter asking if you intend to AOS or CP, and wait for your response.

Just to play it safe, if you choose CP, I would consider that you've abandoned AOS as
soon as you acknowledged that you've agreed to CP. As such, make sure your spouse
departs the U.S. prior to the 180 day mark after agreeing to CP. In reality, it
shouldn't be necessary, but it's better to be safe than sorry.

Paulgani

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Old Jul 10th 2001, 3:10 am
  #8  
The Highlander
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"paulgani" <[email protected]> wrote **snip**
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OK, but we didn't know that when we filed.

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The thing is that the AOS was only filed two weeks ago and the district office still
hasn't cached the check. Do you know if there is any way to intercept the package and
get it back so that CP can proceed? The damned thing has my police certificate in it,
and I'd need that to do CP.

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after
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That won't be a problem, if we can/do go down the CP route, London doesn't have too
much of a delay in processing and so we won't be near the 180 day mark.
 
Old Jul 10th 2001, 3:39 am
  #9  
Grinch
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Filing for AOS in the US you do not need a police certificate. Sending the original
was not a smart move. Why don't you just let the stateside one take its course. You
are here, why complicate things further?

Grinch
 
Old Jul 10th 2001, 3:57 am
  #10  
Alvena Ferreira
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The Highlander wrote:
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I'd say you chances of getting that police cert are about as likely as pigs
flying....if I was you and I wanted to pursue consular processing, I would get a new
one from the Uk. JMHO.

Alvena
===
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
===
K-1 FAQ: http://www.k1faq.com Timelines: http://www.wkh.org/ A great K-1 Site:
http://pages.prodigy.net/alixtcat/immigrat.htm Doc Steen's Marriage Visa Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
===
 
Old Jul 10th 2001, 4:02 am
  #11  
Andy Platt
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A side issue really but why does your AOS package have a police check in it? It's not
required for AOS.

Andy.

--
I'm not really here - it's just your warped imagination.

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[usenetquote2]> > BTW, you DO fit the definitions of parallel filings. It is defined as a single[/usenetquote2]
[usenetquote2]> > petition (your I-130), for which you both filed AOS as well as requested Consular[/usenetquote2]
[usenetquote2]> > Processing.[/usenetquote2]
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[usenetquote2]> > Since they probably won't know you filed AOS, they'll probably initiate Consular[/usenetquote2]
[usenetquote2]> > Processing by themselves, assuming your I-130 application[/usenetquote2]
listed
[usenetquote2]> > the foreign spouse's address as in England. If you listed a U.S.[/usenetquote2]
address,
[usenetquote2]> > they'll probably send you a letter asking if you intend to AOS or CP,[/usenetquote2]
and
[usenetquote2]> > wait for your response.[/usenetquote2]
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[usenetquote2]> > Just to play it safe, if you choose CP, I would consider that you've abandoned[/usenetquote2]
[usenetquote2]> > AOS as soon as you acknowledged that you've agreed to CP. As such, make sure your[/usenetquote2]
[usenetquote2]> > spouse departs the U.S. prior to the 180 day mark[/usenetquote2]
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[usenetquote2]> > agreeing to CP. In reality, it shouldn't be necessary, but it's better[/usenetquote2]
to
[usenetquote2]> > be safe than sorry.[/usenetquote2]
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Old Jul 10th 2001, 4:19 am
  #12  
paulgani
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[usenetquote2]> > Since they probably won't know you filed AOS, they'll probably initiate Consular[/usenetquote2]
[usenetquote2]> > Processing by themselves, assuming your I-130 application[/usenetquote2]
listed
[usenetquote2]> > the foreign spouse's address as in England. If you listed a U.S.[/usenetquote2]
address,
[usenetquote2]> > they'll probably send you a letter asking if you intend to AOS or CP,[/usenetquote2]
and
[usenetquote2]> > wait for your response.[/usenetquote2]
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Again, look at a copy of your I-130. What did you put down as the address of your
spouse? Did you state he was in the U.S. or abroad? How about box 21? Did you check
Consular Processing? If so, you will be CP'ed. It's very unlikely your local office
will have intercepted your I-130.

Heck, if you filed an I-485 alone without an approved I-130, I'll bet 50% chance they
simply send back your I-485 stating that you didn't file it correctly.

In any event, why not just try calling the local office and ask them how to
withdraw it?

Paulgani
 
Old Jul 10th 2001, 4:43 am
  #13  
The Highlander
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"Grinch" <[email protected]> wrote
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[usenetquote2]> > The thing is that the AOS was only filed two weeks ago and the district office[/usenetquote2]
[usenetquote2]> > still hasn't cached the check. Do you know if there is any way to intercept the[/usenetquote2]
[usenetquote2]> > package and get it back so that CP can proceed? The damned thing has my police[/usenetquote2]
[usenetquote2]> > certificate in it, and I'd need that to do CP.[/usenetquote2]
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Damn! Damn! Damn! We were trying to do the right thing, I figured since it's required
for CP and AOS is the stateside version of CP, that it would be required. Oh well.

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why
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No more complications please!
 
Old Jul 10th 2001, 4:44 am
  #14  
The Highlander
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"Alvena Ferreira" <[email protected]> wrote
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[usenetquote2]> > The thing is that the AOS was only filed two weeks ago and the district office[/usenetquote2]
[usenetquote2]> > still hasn't cached the check. Do you know if there is any way to intercept the[/usenetquote2]
[usenetquote2]> > package and get it back so that CP can proceed? The damned thing has my police[/usenetquote2]
[usenetquote2]> > certificate in it, and I'd need that to do CP.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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Thanks. I have a feeling that as it takes upwards of 40 working days to get one, I'd
be just as well waiting it out on the AOS.
 
Old Jul 10th 2001, 4:45 am
  #15  
The Highlander
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"Andy Platt" <[email protected]> wrote
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it?
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We thought we were doing the right thing by including it since it's a required
part of the CP package. We thought it could only help, and not hinder, the
progress of the AOS.
 


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