Amity

My wife (USC) & I (F-1) submitted our I-130, I- 751, I-485 etc and this September it will be 2 years since we had submitted them to Greer, SC. I should be applying for my 3'rd EAD later this year. I am unclear as to what our interview timeline is at this point since last I checked, TSC should have already reviewed our I-130 and I-751. My memory is a little fuzzy but what about the I-485 or did we not need it? I don't see a timeline for that. All I have from the INS is the initial reciept of the forms we sent, no reference #'s of any sort. I can't even call the hotline # since I have no reference. Is this normal or what's going on?
Thank you.

AlisonPA

I am not A K1er but applying for AOS. Your Alien ID reference number is on the receipt they sent you. Also surely your EAD says the A number? Mine is being handled through Philadelphia. Their official receipt was dated 19 Feb, got AP on 25 Feb, just been fingerprinted and EAD appointment on 7 April. Also a letter from the tellig me AOS interviews taking 15 months and don't contact them until June next year if I haven't heard from them before that.

Amity

Thanks Allison, like I said I'm fuzzy about the details. Yes I do have the Alien ID # but you can't use that to check your status online, can you? When I had applied in 2001 they gave me a timeline upto 24 months, the last time I went to them to renew my EAD they told me it would take atleast another year, which would put it way over 2 years and all I want is a way to find out for sure how long it will take and more importantly if they have lost it even. How can I use the Alien ID# to track my file?
Thanks again.

AlisonPA

You can't track your file on line in District Offices unfortunately. On the bottom of my letter from Philly is a customer service telephone number but that I shouldn't contact them until after 1 June 2005. They must have sent you the same sort of letter -check on there.

Amity

That's right, they won't entertain my calls for help till Sept '04, untill then I just hope they have'nt lost our files and that on contacting them in Sept they'll do something to expedite our case, I guess. I wonder if a lawyer could somehow give me more information with his/her experience working such cases? You think? Thank you for clearing things up so far.

Rete

The initial receipt is all you will have until your husband receives the notice to appear for the AOS interview. You will not find any information by searching the TSC timeline as none of your petitions are handled by the TSC. Your I-130 and I-485 should have gone to the SC district office and I'm assuming that is where you did indeed send it. Also you did not file an I-751. That is for the removal of conditions. You must mean the I-765 for the EAD.

When filers are within the borders of the US and are filing for adjustment of status from anything other than a K visa, they are required to file and I-130 along with the I-485. Those two petitions are not separated with the I-130 going to the service center and in the I-485 remaining with the DO. Both remain together and are approved by the DO at the time of the AOS interview.

As for checking what the status of those petitions are at the present time, it is difficult. You could check the next time you go to Geer, SC or you can ask your attorney to check or if you did not use an attorney, you can have your political representative's immigration liaison check for you.

Rete

Amity

That's a lot of new information! This forum and many other have tons of info for other application types but this is what I've been looking for all along. So the TSC has nothing to do with my case and my file is here in SC. Do I have any reason to believe that the DO will stick to their 24 month timeline or should I start calling my senator already? The reason for my impatience to wait another 5 months is that my wife has moved to NY and is waiting on me and I would like to minimize the risk of moving the file and having it lost if I can just get it over with here in SC over the next couple of months. If I could have a reliable timeline I would wait it out, if not I'd rather put some pressure already and get things moving. Maybe I need an attorney, huh? Thank you Rete and Amity for suddenly making this morning very enlightening.

Rete

Have you checked out the AOS filing experiences and interview experiences for SC on the "official" pages listed under my signature at the start of this forum? Don't know if there is anything current (late 2003/early 2004) for SC but worth a look. Also you might want to go to www.google.com and check the archives for alt.visa.us.marriage-based (btw that is the newsgroup you are access here on british expats) for AOS interviews, Geer, SC.

Unless your wife has moved to either the Albany or Buffalo jurisdictions I would NOT leave until you have adjudicated the AOS in SC. Dealing with NYC USCIS is a nightmare for those of us who had to use them from the start but to deal with them after transferring a file might be hell on earth.

Rete

AlisonPA

Your letter clearly states that AOS applications are taking up to 24 months to complete and "Please do not contact this office unless you have not received a notice of interview by September 2004". It means that you are not to contact them unless you haven't heard from them at that time - 6 months away. You will need to complete a "change of address" notification and mail that to them. I assume you will be having mail forwarded to your new address for a year anyway. They will not lose your file.

Amity

I won't be able to stay here till September, my wife left in august of last year and we fly every other month to see each other and that can't go on for much longer. Sure they'll forward my mail but in imagining them moving the file between their SC office and NY office the horror stories of lost files are what crop into my head. It is really reassuring that you believe they will not lose my file and I hope that's a real conviction on your part. But even if the file were to be transfered safely to NY, we will have to deal with that office Rete has just warned me about. That is the reason for my impatience, if I knew I were to be here in Sept I would be marking days off my calender to sept when I am officially ok-ed to harrass them. I could'nt join her earlier because I could'nt/still can't find a job in NY and as the months pass by I find myself still here in SC with only 5 months to go for the interview as opposed to moving now and the horrors associated with it. I don't think I have a question any more than I have a predicament. Should I stay or should I go?(from the cheesy song) or should I call my senator or do I go? I feel a migrane coming along. Before I pass out I really want to appreciate all the help I have gotten from both of you and you are welcome to comment about my personal predicament or rate the chances that the INS interviewer is not going to think our seperation has been more than suspect. But seriously, I have checked many forums and sites like Rete has suggested and for some reason except for a couple of cases there are'nt a whole lot of these cases out there. Throw me whatever you have to suggest, god knows ya'll are a huge help!

Matthew Udall

While I "generally" think its best to stay put during the AOS process, one can't always live their life by what the USCIS may or may not do (in this case, losing one's file). Here we are talking about enduring a separation from your loved one and expenses with travel, just to avoid having your file transferred. Seems like a high price to pay, but that's just me and of course, you have to do what you think is best for you.

I've had client's cases transferred to other offices many time before, and usually without too much of a hassle. I've also had a few cases go through the NY office, and I've not had any problems with that office (that I recall).

Good luck.

Amity

Thank you Mr. Udall, I think I'll move in the next one month from everything you and the other kind souls have told me. Thank you for all your help.