Adjustment of Status - I-485

AOS - UK Citizen married to a USC - Los Angeles field office.

Background :

I came to the US in 1988 and married my then girlfriend (a USC) in 1989 and we started the green card process. We got to the interview stage and I received an I-551 (Temporary Permanent Resident) stamp in my passport. We separated soon after and were divorced before two years.

I got married to my current wife many years ago and at the time I was working in a job I had held for many years and had started when I had legal work authorization. For various reasons we never got round to filing for AOS for me even though we gathered the paperwork that we needed for the process (copies of my birth certificate‚ marriage and divorce records) and finally with the current political climate in the country we decided that we really needed to do this now or face potentially very bad consequences.

We self filed after consulting an lawyer via an online website to see if in principal there were any issues with applying for AOS and they said that they saw no reason as I had originally entered on a visitors visa and had been inspected on entry and I had no criminal record there should be no issues.

I already had a SSN and Alien Registration # from my initial application and used those on the applications and fully disclosed my previous application.

We filed in January this year and below is the timeline.

1/14 - Package sent to USCIS via Federal Express 2-Day service
1/17 - Package delivered to USCIS (there was a Federal holiday that delayed the package by one day)
1/17 - Priority Date assigned
1/23 - Received text & email notifications for the 3 cases filed (I-130‚ I-485 & I-765)
1/24 - Checks cashed (verified in bank account - we used personal checks)
1/30 - Received the mailed NOA’s for the cases (I-767 notices)
2/6 - Received appointment notice for Biometrics appointment (scheduled for 2/15)
At this moment in time I had an expired UK passport as my only picture ID and I called the 800 number on the notice to ask if I could use this as valid ID for the appointment‚ and the agent confirmed that this would be sufficient for me to take to the appointment.
2/15 - Successfully completed the Biometrics appointment
3/27 - Received updated NOA’s to replace the original ones received on 1/30 as the originals were misprinted with some dates and information missing. Included notes saying this would not affect case processing time at all and these were simply corrected copies of the NOAs
4/10 - DAY 83 Placed a service call to inquire about the status of the EAD as it was past the 75 day mark. Was given a confirmation # for the service request.
4/13 - Online notes on I-765 that an inquiry was assigned‚ opened and closed on the inquiry. I never received any information or contact regarding the inquiry other than that.
5/3 - DAY 106 I called again to raise a service request as there was still no updated on my EAD. I asked to speak to a tier 2 agent. I originally got disconnected after having been transferred to a line that required you to enter a callback number and the key presses on my phone would not register. I called back again and explained this and was transferred to a live person. They told me that as of January this year the 90 day processing rule for EAD’s was no longer in effect and that my case was within normal processing time as indicated by the dates on the current bulletin. They said I should probably expect to hear by the end of the month and that I just had to wait.
5/3 - DAY 106 Later that same day I received email and text notifications that my EAD had been ordered.
5/4 - DAY 107 I received email and text notifications that my interview had been scheduled for 6/7
5/6 - DAY 109 I received the mailed NOA for the interview
5/8 - DAY 111 I received the mailed NOA for EAD approval
5/8 - DAY 111 I received text and email notification EAD was mailed.
5/11 - DAY 114 EAD was delivered by USPS priority mail
6/7 - DAY 141 Interview

Our officer was polite and friendly throughout the process. The entire interview took probably around 30 minutes or so. My wife and I were interviewed together.

My previous green card application was discussed and a brief discussion about my previous marriage. Nothing too in depth. I was asked when I last entered the US‚ which I replied was 1988. I was asked what kind of Visa I had at the time‚ to which I replied a tourist visa. I was asked the intent of my original visit‚ and I replied it was to visit my then girlfriend for a while as she had previously visited and stayed with me for a while in the UK. I said that towards the end of my stay we had decided to get married.

He asked my wife and I questions about our relationship. Our dates of birth‚ where and how we met. The evolution of our relationship‚ when did it get serious kind of thing. Nothing to probing or in depth. Asked about each others families. Asked if we had any pictures‚ which we did including from our wedding. Asked my wife to name the people in one of the wedding pictures and a few other brief questions.

Again he was always polite and friendly.

At the end he gave us a notice indicating that our case was under review and he saw no issues with the case or the I-130 and I-485 but he had to verify some procedural information regarding my prior marriage‚ but he saw no problems and expected that he would be able to have an answer by the end of the week. He said that he had verified there was no deportation order ever placed on me (which to be honest was a huge relief to me‚ because it was always in the back of my mind that there could be something looming). There seemed to be some confusion about my original green card process as he said he could not find any evidence of a physical one ever being created and didn’t know if all that was done back then was the passport was stamped.

He indicated that I was eligible for a 10 year Permanent resident card and there would be restrictions on it.

Obviously‚ we were disappointed to not be approved on the spot. We both felt the interview went well and were quietly optimistic about the outcome. The interview was always cordial and polite‚ there was no aggressive tone whatsoever. No questioning as to why we waited so long to file and just completed in a completely professional and considerate manner. The officer repeatedly asked if we had any questions for him and was open and friendly throughout.

At the end he took photocopies of our ID’s and a joint credit card (one with each of our names on it) along with some photographs for the file. We also gave additional shared information of a cell phone bill with both of our names on it and copies of 6 years of tax returns.

6/8 - DAY 142 Received email notification :

*** DO NOT RESPOND TO THIS E-MAIL ***

There has been a recent processing action taken on your case.

Receipt Number: MSC***

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Card/ Document Production

On June 8, 2017, we ordered your new card for Receipt Number MSC***, and will mail it to the address you gave us. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

This has been a very stressful process and I am so happy and relieved it is finally over. I never received text notification that the card had been ordered so I logged onto my online account to verify the information and when I saw the information there‚ I felt the tears well up inside me. This has been a long drawn out process for myself and my wife and we are both so happy it is finally completed. We were lucky in regards to the speed it took to complete our case once the EAD was approved and I feel for those that have their cases take a long time to process.

I have already received my CA ID (I don’t drive) and had an existing Social Security card (so I didn’t need to apply for one as part of this process). My existing SS card had no restrictions printed on it‚ so I have no need to renew it.

Be honest throughout the process‚ never lie. I’m sure there are many variables in this process that we are all unaware of that affect the processing time of our individual cases.

I wish you all success in your cases and if I can answer any questions that you have‚ please feel free to ask.