Interview on October 18th, 2007

[Lenapshemek]

Hello every one,
I would like to ask you a question about our situation.
I am US citizen.
On June 29th :my husband and I have been submitted : I-485, I-130, I-765medical examination etc.
USCIS - received on July 1st.
REF- July 29th/ all documents have been sent out on Aug.1st
Biometrics for I-765, I-485 - August 2nd.
On yesterday / Sep.10th - we have received an appointment for Interview / October 18th ( 12:30 P.M.) in Garden City.
My husband steel has not received -EAD yet.
We must to provide letter from our employments. I am not worry about my self - I do have everything, but I do worry about my husband, who cannot work without EAD.
Can anybody tell us the best options in this situation?
Please inform us on the outcome because we are so nervous
T h a n k y o u v e r y m u c h!!!!

[PraetorianXI]

Well, if your husband was not working before you submitted the paperwork, including the I-765 for the EAD. Then you have nothing to worry, because in the Affidavit of Support (i-864) you are sponsoring your husband,

The only problem would be if HIS INCOME, was counted to meet the poverty guidelines and because he is not working, then the guideline is not met.

But that should not be the case, your husband is NOT supposed to be working, you or or you plus a co-sponsor are supposed to support him financially. So it will not be a problem at all if he does not have is EAD and employment letters, etc.

You in the other hand, need your employment letter and paystubs for the past 3 months.

[Lenapshemek]

Dear PraetorianXI,
Thank you very-very much for your quick response and all of the explanation.
Let me ask you one more question please.
I do have 45K/per year and I hope it is should be enough for two of us. Am I correct?
Of curse I have my letter from my company including all my gross income and net etc., but now we are more worry,because you are absolutely right: he cannot work with out EAD. But be perfect honest with you he paid small amount of Taxes every single year and submitted with IRS all of the details about it. And of curse when we applied (in one of the application - was a question about his taxes and we have been provide years 2001-2006- have been completed paid by my husband) It is going be a problem now??
Please advise and thank you again for your help and

[PraetorianXI]

Your income is WAY MORE than sufficient to meet the guidelines.

As far as your husband, what did he file tax based on? did he work illegally? what kind of income did he have?

Either way, it should not matter, even if he worked illegally it will be forgiven by USCIS... if asked about it, do not lie. They can no deny his petition because he worked illegally or because he overstayed.

[Lenapshemek]

Dear PraetorianXI,
Thanks for your attention and help!!! we really appreciate.
To answer your questions: what did he file tax based on? ( Self -Employment Tax, Form 1040 Schedule SE. as additional job). Did he work illegally? ( Yes, he did), What kind of income did he have? (between $2500 to $ 6,000. To be exact: for 2006- $ 4,635.00., for 2005- $ 4,363, for 2003 - $ 4,634).

we are happy, that it will be forgiven by USCIS.
Thanks a million for your supporting!!!!!!!!!!!!!!!!!!!!!!!!

[Lenapshemek]

Dear PraetorianXI,
I am sorry to bother you again, but I have one more question which is very important for us.
As I said before: we received an REF( Request for Initial Evidence) on 7/29 and mailed out the requested documents ( Supplement A for Form I-485) including a check for $ 1,000 /based on 245(i) on August 1st. Check still has not cleared yet. Do you have any idea way? How long will take it for cashed a check? Do we need to remind about on our Interview?
Extremely grateful!!! Thank you from both of us.
Kind regards!!!
Lena

[PraetorianXI]

No idea when they will cash the check. An RFE can slow your case 3-6 weeks... So give it some time.

[Lenapshemek]

Dear PraetorianXI,
Good news: our check has been cashed on yesterday and you were absolutely right, its took exactly 6 weeks for REF. I just wanted to thank you for your supporting and all responses.
Enjoy your weekend!!!!!!!!!!!!!!!!

[Lenapshemek]

Question for PraetorianXI,

Dear PraetorianXI,
My husband and I would like ask you for your recommendation about our situation PLEASE!!

#1 -We had an interview on yesterday/October 18th in Garden City, NY.
it was based on Marriage ( I-485,I-765,I-130,+ affidavit of support, medical examination etc).
Herewith our story:
#2 - My husband entered US without inspection at October 1997. He has a transit visa. he never left a country.
We paid $ 1,000 for Supplement A - I-485 and we have received conformation about it from USCIS.

#3- His mother won a GC as DV lottery in Poland at 1997. She came in USA and tried to apply for GC for her sun ( my husband) who was under 21 and for another sun ( who had 20 year and 10 months)

#4- Finally his interview ( for my husband) was on September 1997 in Federal Plaza, NY.

#5- Unfortunately his case has been denied after two months, because OF fingerprint ( he had two appointments for Finger Print) and as per FBI it was unreadable ( this is really thru. In then moment my husband had very-very big allergy on his skin hand), so by this reason his case has been denied on 1997.

#6- On yesterday ( 10/18/2007) we had our interview, everything was really good, all documents are fine, and after 10-15 minutes she asked us : " have YOU ever been applied for petition for Allen relative (I-130) excluding this time?"
We said : of curse it was by his mother on 1997.
She said: "as per computer systems I don't see this petition for your husband, I saw for his brother but what happen with your husband??" Can you found out if you ever been submit this petition, because this is really important and as per law.....

Next, she said: "Would you like to make some phone call and ask about it?"
We said: "ok thank you" She left the room for 5 minutes or so. We called to our Para-legal lady, who helped us with all of the applications for 2007. She said: it doesn't make any sans at all".

#7- When IO came back to the room, she told us that will be better for us if we will send any proof about it - direct to Garden City including A#.......
If we did not provide anything to her in about 3 month, so we have to wait for the decision at could be denied or closed case. We don't know what we have to do know.
How it is possible to have an interview on 1997 without the petition/I-130?

Dear PraetorianXI,
Please, please and please let us know : what we have to do? do we have any chance to receive approve for my husband? How we can to found this form from 10 years ago?
Thank you very much.
Hancyk family.

[PraetorianXI]

You need to find the papers from this form. USCIS should have a record of it. You can always try a FOIA request.

[Lenapshemek]

FOIA- plase explain.
Thanks

[PraetorianXI]

Freedom of Information Act. Request.

Form g-639 http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

[Lenapshemek]

Dear PraetorianXI,
Many thanks for your help.
Do you think as soon as we receive the requested form, we will be able for approval? Thank you again.

[PraetorianXI]

I think you need to find a good immigration attorney to help you with this ordeal. It is too important to do it on your own.

[Lenapshemek]

You are absolutely right. We made an appointment for Sunday with lawyer.
Thank you for everything.