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  • I-485 under 245I questions

    Hi

    Does anyone have any experiences with filing AOS under 245I (im in NY so field office is most likely 26 plaza)
    I initially filed I-130 which was approved with PD of Sept 2010.

    i filed AOS packet (I-485, I-485 SUP A, I-765, I-131) on Nov 21 (based on dates for filing), got the NOAs on NOV23, BIO completed on DEC23 since then still waiting on EAD. 90 Days will be on FEB19 and i plan on doing SR if i don't hear anything about EAD.

    PD will be current around MAY, my question is, is MAY when they start looking at I-485 or are they processing it now and once PD becomes current i'll get NOA?
    Also has anyone done I-485 under 245I in the past couple of years ? 245i is based on my fathers original cert labor filed before april 2001. father (LPR), mother (USC) and brother (LPR) and myself were under the I-140 petition but i was aged out and had to seek another way of adjusting (i130)

    Thanks for any input.
    Last edited by yaboc; 02-03-2017, 05:16 PM.

  • #2
    New York

    Originally posted by yaboc View Post
    Hi

    Does anyone have any experiences with filing AOS under 245I (im in NY so field office is most likely 26 plaza)
    I initially filed I-130 which was approved with PD of Sept 2010.

    i filed AOS packet (I-485, I-485 SUP A, I-765, I-131) on Nov 21 (based on dates for filing), got the NOAs on NOV23, BIO completed on DEC23 since then still waiting on EAD. 90 Days will be on FEB19 and i plan on doing SR if i dont hear anything about EAD.

    PD will be current around MAY, my question is, is MAY when they start looking at I-485 or are they processing it now and one PD becomes current i'll get NOA?
    Also is anyone done I-485 under 245I in the past couple years ? 245I is based on my fathers original cert labor filed before april 2011. father (LPR), mother (USC) and brother (LPR) and myself were under the I-140 petition but i was aged out and had to seek another way of adjusting (i130)

    Thanks for any input.
    New York field office is processing I-485 from 02/08/2016 the update comes USCIS oage 01/25/2017

    Comment


    • #3
      Originally posted by Adrian Gruber View Post
      New York field office is processing I-485 from 02/08/2016 the update comes USCIS oage 01/25/2017
      thanks Adrian,

      i see that the last update was done on Field Office Processing Dates for New York City NY as of: November 30, 2016 but in the bottom right corner it says Last Updated: January 25, 2017.

      so does that mean the date in the title of the chart is not accurate ?

      Comment


      • #4
        Originally posted by yaboc View Post
        thanks Adrian,

        i see that the last update was done on Field Office Processing Dates for New York City NY as of: November 30, 2016 but in the bottom right corner it says Last Updated: January 25, 2017.

        so does that mean the date in the title of the chart is not accurate ?
        Simply an update to the chart. USCIS used to update on 15th of every month.

        Comment


        • #5
          Originally posted by Adrian Gruber View Post
          Simply an update to the chart. USCIS used to update on 15th of every month.
          that chart is a little misleading with "Field Office Processing Dates for New York City NY as of: November 30, 2016 " not being updated :/ one would think that since it's 2 months+ since that date the case processing would advance by that much as well.
          Last edited by yaboc; 02-04-2017, 03:01 AM.

          Comment


          • #6
            Any updates on you case? I am going through the same process in NY. I am doing AOS with 245i I sent i485, Sup A, I765 since February 1,2017 fingerprints were taken 2/28 and since then I have not receive anything else. My PD is 2/2016. I was planning in doing consular proceedings until I found out that I was able to AOS due to a family petition filed for my mother back in 1988. I hope does not take any longer!!


            Please keep us posted with your case.

            Comment


            • #7
              i received EAD and AP for 1 year in march 2017. PD will be current in May and i will be expecting at least interview letter but with NY it's a long wait ahead.

              Comment


              • #8
                i-130, i-485, i-485-A and a i-765 under 245I

                Hi Folks, want to share our experience and timeline. Hope similar applicants can share theirs. Same-Sex couple here in Los Angeles, married in 2013. One is a U.S. Citizen and the other entered with without inspection in 1990 but has an application for labor certification filed with the Department of Labor before April 30, 2001.

                We filed on January 3rd 2017 thru a lawyer a i-130, i-485, i-485-A and a i-765.

                01/03/2017: Mailed i130, i485/i485a and i765 to National Benefits Center
                01/25/2017: Got in the mail 3 receipt letters (From i-797c) for all applications, priority date 01/17/2017
                02/02/2017: Got in the mail biometric appointment letter, scheduled for 02/13/2017
                02/13/2017: Took biometrics @ Application Support Center / USCIS Wilshire, got appointment letter stamped.
                04/20/2017: Got email notice from USCIS - "Request for Initial Evidence" mailed on 04/20/2017, now waiting to get hardcopy to see what they are requesting.

                Comment


                • #9
                  UPDATE on i-130, i-485, i-485-A (Under 245i) and a i-765.

                  Hi Folks, here is an update on our case, just want to share our experience and timeline. Hope similar applicants can share theirs. Same-Sex couple here in Los Angeles, married in 2013. One is a U.S. Citizen and the other entered with without inspection in 1990 but has an application for labor certification filed with the Department of Labor before April 30, 2001.

                  UPDATED TIMELINE

                  01/10/2017: Mailed i130, i485/i485a and i765 to National Benefits Center
                  01/25/2017: Got in the mail 3 receipt letters (From i-797c) for all applications, priority date 01/17/2017
                  02/02/2017: Got in the mail biometric appointment letter, scheduled for 02/13/2017
                  02/13/2017: Took biometrics @ Application Support Center / USCIS Wilshire, got appointment letter stamped.
                  04/20/2017: Got email notice from USCIS - "Request for Initial Evidence" mailed on 04/20/2017
                  04/25/2017: Got RIF, asking for payment/fee for I485-A application.
                  04/28/2017: Responded to RIF, mailed proof of payment for I485-A
                  05/10/2017: Got email notice that they received RIF response
                  05/26/2017: Got notice of I765 approval
                  06/01/2017: Got EAD
                  06/05/2017: Got notice for i485 Interview, scheduled for July 12th
                  07/12/2017: Went to interview @ Los Angeles, Downtown Office.

                  Our interview went well, it was short and we had everything that they asked for. The Immigration Officer even commented "Wow, you are making this easy for me". We had photocopies of everything neatly organized. HOWEVER, we were disappointed that we didn't get on-the-spot approval. The officer gave us a letter, "Notice of Interview Results" stating "Your case is being held for review. At this time, USCIS does not require any further information or documents from you. Should further information or documents be required, you will receive a native in the mail. We may also schedule you for another interview, you will receive a notice in the mail. Otherwise, a final decision will be mailed once your case is complete."

                  Now comes the hopefully not too long wait. We asked the officer how long does he think it will take... he said about "two weeks". However, the letter does say that it maybe up to 120 days until a decision is made.

                  Comment


                  • #10
                    Originally posted by Sergio Lavalle Ruiz View Post
                    Hi Folks, here is an update on our case, just want to share our experience and timeline. Hope similar applicants can share theirs. Same-Sex couple here in Los Angeles, married in 2013. One is a U.S. Citizen and the other entered with without inspection in 1990 but has an application for labor certification filed with the Department of Labor before April 30, 2001.

                    UPDATED TIMELINE

                    01/10/2017: Mailed i130, i485/i485a and i765 to National Benefits Center
                    01/25/2017: Got in the mail 3 receipt letters (From i-797c) for all applications, priority date 01/17/2017
                    02/02/2017: Got in the mail biometric appointment letter, scheduled for 02/13/2017
                    02/13/2017: Took biometrics @ Application Support Center / USCIS Wilshire, got appointment letter stamped.
                    04/20/2017: Got email notice from USCIS - "Request for Initial Evidence" mailed on 04/20/2017
                    04/25/2017: Got RIF, asking for payment/fee for I485-A application.
                    04/28/2017: Responded to RIF, mailed proof of payment for I485-A
                    05/10/2017: Got email notice that they received RIF response
                    05/26/2017: Got notice of I765 approval
                    06/01/2017: Got EAD
                    06/05/2017: Got notice for i485 Interview, scheduled for July 12th
                    07/12/2017: Went to interview @ Los Angeles, Downtown Office.

                    Our interview went well, it was short and we had everything that they asked for. The Immigration Officer even commented "Wow, you are making this easy for me". We had photocopies of everything neatly organized. HOWEVER, we were disappointed that we didn't get on-the-spot approval. The officer gave us a letter, "Notice of Interview Results" stating "Your case is being held for review. At this time, USCIS does not require any further information or documents from you. Should further information or documents be required, you will receive a native in the mail. We may also schedule you for another interview, you will receive a notice in the mail. Otherwise, a final decision will be mailed once your case is complete."

                    Now comes the hopefully not too long wait. We asked the officer how long does he think it will take... he said about "two weeks". However, the letter does say that it maybe up to 120 days until a decision is made.

                    My PD was 1/17 and I had my interview at the Los Angeles field office. I too received a letter stating the case was being held for review just like you. Our IO said he expected to hear from his supervisor within a couple of days. The following day I received text and email notification that my card had been ordered and then the following day I received messages saying my case was approved (seems backwards I know). Anyhow the interview date was 6/7 & I had the Green Card in hand on 6/16.

                    Hopefully you hear pretty soon as well.

                    Comment


                    • #11
                      Originally posted by S_R_E View Post
                      My PD was 1/17 and I had my interview at the Los Angeles field office. I too received a letter stating the case was being held for review just like you. Our IO said he expected to hear from his supervisor within a couple of days. The following day I received text and email notification that my card had been ordered and then the following day I received messages saying my case was approved (seems backwards I know). Anyhow the interview date was 6/7 & I had the Green Card in hand on 6/16.

                      Hopefully you hear pretty soon as well.
                      Thank you for your encouraging words! I also hope to hear soon... everything seemed to go well.

                      Comment


                      • #12
                        WE GOT APPROVED i-485/245i!

                        Hi Folks,

                        I'm happy to report and share that my spouse got his I-148 approved and received his Green Card! I'm here to thank everyone who shared their experiences this forum. The posts have helped to keep our sanity and fears in check during this long process. So here is my final post with our experiences from start to finish. I hope that it helps you as other postings have helped us.

                        BACKGROUND

                        We are a same-sex married couple based Los Angeles, CA. We've been a couple since 1999, started living together in the early 2000's and married in 2013 when same-sex marriage was legalized. I'm a US Citizen, and my spouse is a Mexican national that came to the US without inspection in 1990.

                        We applied for Adjust of Status (AOS) based on 1) our marriage and 2) 1990's labor certification petition to qualify for AOS under the 245i/LIFE Act (see link below for more information on LIFE Act)



                        We hired a lawyer. We consulted with more than one lawyer to see if we had a strong case before filing. We went on to hire the lawyer we felt was best to process and submit all applications; and to attend the subsequent I-485 interview with us. We hired Meredith Brown based in Glendale, CA.

                        TIMELINE (complete)

                        01/10/2017: All applications (I130, I485/I485a, and I765) mailed to National Benefits Center.
                        01/25/2017: We received three receipt letters (i-797c) by postal mail to all the requests, Priority Date 01/17/2017
                        01/25/2017: Sign up for email and text status alerts via USCIS website
                        02/02/2017: We received biometric appointment letter by postal mail, scheduled for 02/13/2017. We got no email/text alert before receiving the appointment letter.
                        02/13/2017: Spouse took biometrics @ Application Support Center / USCIS Wilshire, got appointment letter stamped. We got no email/text alert after biometrics appointment.
                        04/20/2017: Got email/text alert notice from USCIS that a "Request for Initial Evidence" (RIE) was mailed on 04/20/2017
                        04/24/2017: Received RIE letter by postal mail asking for payment/fee or proof of payment for I485-A application.
                        04/28/2017: Responded to RIE, mailed proof of payment for I485-A
                        05/10/2017: Received email/text notice that they received RIE response and that they started working on the case again. We got no notice/letter via postal mail
                        05/26/2017: Received email/text notice about our I-765 application: "Your Case Status: Card/ Document Production. On May 26, 2017, we ordered your new card for Receipt Number MSCxxxxxxxxxx"
                        05/31/2017: Received email/text notice about our I-175 application: "Your Case Status: Card/ Document Production. On May 31, 2017, we mailed your new card for Receipt Number MSCxxxxxxxxxx, to the address you gave us."
                        06/02/2017: We received an approval letter for our I-765/Employment Authorization application by postal mail.
                        06/03/2017: We received the actual Employment Authorization Document (EAD) card via postal priority mail.
                        06/07/2017: We received email/text notice about our I-485 application: "Your Case Status: Testing and Interview. On June 7, 2017, we scheduled you for your interview and mailed you an interview notice for Receipt Number MSC1xxxxxxxxx. Your interview is on July 12, 2017."
                        06/12/2017: Received I-485 appointment letter for interview, scheduled for July 12th
                        07/12/2017: Attended in person the interview @ Los Angeles, Downtown Office.
                        07/31/2017: We received email/text notice about our I-485 application: "Your Case Status: Card/ Document Production. On July 31, 2017, we ordered your new card for Receipt Number MSCxxxxxxxxxxxx and will mail it to the address you gave us."
                        08/04/2017: We received email/text notice about our I-485 application: "Your Case Status: Card/ Document Production. On August 4, 2017, we mailed your new card for Receipt Number MSCxxxxxxxxxxx, to the address you gave us."
                        08/04/2017: WE RECEIVED APPROVAL LETTERS FOR I-130 AND I-485 BY POSTAL MAIL!
                        08/07/2017: WE GOT THE GREEN CARD!!!!!!!!

                        I-485/I-485A AND 245(i)/LIFE ACT

                        During the mid-1990's my spouse was petitioned by his then employer for an I-140 labor petition/certification. The company closed and subsequently, he lost the all files/paper related to the labor certification. Fast-forward to 2013, same-sex marriage is now legal, and we got married. We started to look and eventually found proof that a he was a beneficiary of a labor certification thru the California Employment Development Department (EDD). The EDD letter stated that a labor certification was indeed filed and that my spouse was the beneficiary and it also gave the priority date.

                        To be "grandfathered" and to AOS via 245i/LIFE Act we submitted: 1) a letter from the CA EDD, 2) two letters, one from a former employer and another from a coworker/supervisor, testifying he had skills related to the then labor certification, and 3) a paycheck stub from December 2001 as proof he was in the US at the time the LIFE Act took effect.

                        I-130/I-485 INTERVIEW

                        We had our interview on July 12th, 2017 at the Los Angeles downtown USCIS office. Our interview went well, it was short, and we had everything that they asked for. The Immigration Officer even commented, "Wow, you are making this easy for me." We had photocopies of everything neatly organized. It included basic stuff like lease agreement, health insurance, renters insurance, joint bank statements, utility bills, joint income tax returns from 2013 thru 2016, photos, marriage certificate, etc.

                        Almost all the questions were directed to my spouse, the beneficiary: "When did you meet?", "How long did you date?", "When did you arrive in the US?", and a lot of yes/no questions... all very basic questions and no trick questions at all. I was asked mostly yes/no questions and one "When did you get married?".

                        We didn't get on-the-spot approval. The officer gave us a letter, "Notice of Interview Results" stating "Your case is being held for review. At this time, USCIS does not require any further information or documents from you. Should further information or documents be required, you will receive a native in the mail. We may also schedule you for another interview; you will receive a notice in the mail. Otherwise, a final decision will be mailed once your case is complete."

                        EAD / GREEN CARD TRACKING

                        Both EAD and Green Card was delivered via priority mail. However, USCIS does not provide a tracking number. We were able to track the delivery of these documents by going to USPS website and setting up an alert/notification for any and all documents or packages sent to your home address via priority mail. Very useful to remove any guessing on when the green car will arrive.

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