EB2-3 Predictions (Rather Calculations) - 2014

Hi all,

Just wanted to give you an update frm my side. I received an RFE for both my wife's and my case.
PD - 08/04/2008
AC21 filed in July 2013

I changed my job again in Dec 2013 so will be sending another AC21 with the rfe response.

My rfe is for employment verification and for my wife they asked for marriage bona fides.

For marriage docs, i am planning to send the following docs -

1) copy of lease
2) 2012 and 2013 tax returns
3) car insurance
4) renters insurance
5) bank statement
6) marriage certificate
7) health insurance card

Is there something else i need to keep in mind before responding to this RFE ?

Thanks

Jack - AC21 doesn't require you to file any notification with USCIS. So if i were you I would tell them AC21 unless asked.

As per marriage docs - again .. it all depends what they have asked for. What you intend to send seems like an overkill. If all they want to know if it's a real marriage then marriage certificate and proof of cohabitation (i.e. liviing together) for last x number of years should be sufficient. Filing tax together or having joint bank accounts is not a requirement at all.

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Originally Posted by JackD1

Hi all,

Just wanted to give you an update frm my side. I received an RFE for both my wife's and my case.
PD - 08/04/2008
AC21 filed in July 2013

I changed my job again in Dec 2013 so will be sending another AC21 with the rfe response.

My rfe is for employment verification and for my wife they asked for marriage bona fides.

For marriage docs, i am planning to send the following docs as all these docs have my wife's name also-

1) copy of lease
2) 2012 and 2013 tax returns
3) car insurance
4) renters insurance
5) bank statement
6) marriage certificate
7) health insurance card

Is there something else i need to keep in mind before responding to this RFE ?

Thanks

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Quote:

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Originally Posted by qesehmk

Jack - AC21 doesn't require you to file any notification with USCIS. So if i were you I would tell them AC21 unless asked.

As per marriage docs - again .. it all depends what they have asked for. What you intend to send seems like an overkill. If all they want to know if it's a real marriage then marriage certificate and proof of cohabitation (i.e. liviing together) for last x number of years should be sufficient. Filing tax together or having joint bank accounts is not a requirement at all.

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Thanks for replying Q.

My lawyer keeps insisting that we need to file AC21 also. Might me because they want to make more money in fees, but i am going to follow her advice since i am working on EAD and dont have an H1. Don't wantto take any kind of risk.

Once i respond to RFE (by end of this month) and assuming my date becomes current in July, how long do you think it takes to get the actual green card?

I will be moving to a diff city in May,Jun and will have to file a change of address that time, hope that wouldn't trigger another rfe.

Quote:

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Originally Posted by JackD1

Hi all,

Just wanted to give you an update frm my side. I received an RFE for both my wife's and my case.
PD - 08/04/2008
AC21 filed in July 2013

I changed my job again in Dec 2013 so will be sending another AC21 with the rfe response.

My rfe is for employment verification and for my wife they asked for marriage bona fides.

For marriage docs, i am planning to send the following docs -

1) copy of lease
2) 2012 and 2013 tax returns
3) car insurance
4) renters insurance
5) bank statement
6) marriage certificate
7) health insurance card

Is there something else i need to keep in mind before responding to this RFE ?

Thanks

---

Quote:

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Originally Posted by qesehmk

Jack - AC21 doesn't require you to file any notification with USCIS. So if i were you I would tell them AC21 unless asked.

As per marriage docs - again .. it all depends what they have asked for. What you intend to send seems like an overkill. If all they want to know if it's a real marriage then marriage certificate and proof of cohabitation (i.e. liviing together) for last x number of years should be sufficient. Filing tax together or having joint bank accounts is not a requirement at all.

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Jack
Its interesting (and very promising) that you got a RFE. I agree with Q - all those docs are overkill. Marriage certificate and a lease / home title should be sufficient. I don't if your passport includes it but the backcover of my passport includes my wife's name..so that's another option. Just ask your lawyer. I'm sure he/she has a recommendation.

As for timing, once approved it takes 30-45 days to get the physical card (probably less). If you are moving in May/ June, it really doesn't matter since you would be at your new address before getting current. Just make sure you file the AR11 as soon as you move.

Good luck! I'm hoping to be right behind you in the approval queue.

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Originally Posted by vizcard

Jack
Its interesting (and very promising) that you got a RFE. I agree with Q - all those docs are overkill. Marriage certificate and a lease / home title should be sufficient. I don't if your passport includes it but the backcover of my passport includes my wife's name..so that's another option. Just ask your lawyer. I'm sure he/she has a recommendation.

As for timing, once approved it takes 30-45 days to get the physical card (probably less). If you are moving in May/ June, it really doesn't matter since you would be at your new address before getting current. Just make sure you file the AR11 as soon as you move.

Good luck! I'm hoping to be right behind you in the approval queue.

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Thanks Viz, i am going to talk to my lawyer and see if i don't need to send that many docs.

Yes, i plan to file AR11 as soon as i get keys to my home. BTW, is that something that can be done online or i need to call uscis... haven't researched much yet.

And for the GC, amen brother.. hopefully this will be the year that will end years of misery for both of us as well as others ...

Getting GC is dependent on country and category. Not sure what yours is ... but the time to get GC after filing 485 can be as little as 3-4 months if you are not EB2IC or EB3I.

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Originally Posted by JackD1

Thanks for replying Q.

My lawyer keeps insisting that we need to file AC21 also. Might me because they want to make more money in fees, but i am going to follow her advice since i am working on EAD and dont have an H1. Don't wantto take any kind of risk.

Once i respond to RFE (by end of this month) and assuming my date becomes current in July, how long do you think it takes to get the actual green card?

I will be moving to a diff city in May,Jun and will have to file a change of address that time, hope that wouldn't trigger another rfe.

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Thanks for the info .. mine is EB2I

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Originally Posted by JackD1

Thanks Viz, i am going to talk to my lawyer and see if i don't need to send that many docs.

Yes, i plan to file AR11 as soon as i get keys to my home. BTW, is that something that can be done online or i need to call uscis... haven't researched much yet.

And for the GC, amen brother.. hopefully this will be the year that will end years of misery for both of us as well as others ...

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it can be done online.
https://egov.uscis.gov/coa/displayCOAForm.do

Jack :

Pardon if this is a naive question - but how come they are processing your case if it your date is not current yet? Is this part of pre-adjudication?

My PD is 12/17/08, and there has been absolutely no change from "initial review" status, which is how it has been since when we filed I-485 in January 2012 till now.

Thanks, and good luck!

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Originally Posted by JackD1

Thanks for the info .. mine is EB2I

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Originally Posted by jimmys

My PD is 07/17/2009 and I haven't filed my 485 yet. Is there a chance, however slim it may be, to file my 485 this year?

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Thank you Jagan01,Kanmani,Imdeng,sportsfan33 and vizcard.

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Originally Posted by sportsfan33

Edit: Let me add though that I don't see July 2009 becoming current, sorry! There is an additional 7K demand up to June 2009. So you are looking at 10.5K up to 2009, an additional 7K in 2009 PLUS an additional 3-6K of porters. That equals about 20-23K spillover, which has to be historic. Of course, the date can push further than the available numbers in order to minimize wastage, but July seems too much on the wrong side of the border.

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I never thought, even in my wildest dreams ,I will get GC by this summer/fall. I just want to file my 485 as I missed last time. Thanks!!

The fact that they are pre-adjudicating latter half of 2008 is good news indeed, my PD is 17 Oct 08 and I'm hoping this'll be the year for 08 filers. Long way to go though, the date has to get current and they have to actually approve the file. We've got to make it through in those 4 months, start praying!

Helpful-leo: the status has proven to be a rather flaky indicator of what's actually happening behind the scenes at USCIS.

I've been curious about the Jan inventory, no sign of it and it is almost Feb.

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Originally Posted by helpful_leo

Jack :

Pardon if this is a naive question - but how come they are processing your case if it your date is not current yet? Is this part of pre-adjudication?

My PD is 12/17/08, and there has been absolutely no change from "initial review" status, which is how it has been since when we filed I-485 in January 2012 till now.

Thanks, and good luck!

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That is what i am guessing. I sent 485 in April 2012 and there was no movement till sept/oct of last year (Was in Acceptance state). Then it moved to initial review. On feb10th, i got the case status update of RFE sent.

Thanks triplet. Is there a better way of knowing if the file has been touched at all? If I remember correctly, we were current for just 1 month in Jan 2012.

Also, am I right to gather from your post that if things get current this summer, it would typically last for 4 months?

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Originally Posted by triplet

The fact that they are pre-adjudicating latter half of 2008 is good news indeed, my PD is 17 Oct 08 and I'm hoping this'll be the year for 08 filers. Long way to go though, the date has to get current and they have to actually approve the file. We've got to make it through in those 4 months, start praying!

Helpful-leo: the status has proven to be a rather flaky indicator of what's actually happening behind the scenes at USCIS.

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I am no expert, just basing it off of last year and I think this year will be the same. Maybe an initial movement to June 08 and then move to Dec 08 or into 09. How long it lasts depends on the spillover from other categories. You can call your service center and ask to speak to an L2 officer, ask the L2 officer if your case has been pre-adjudicated. The number for the service center should be on the 485 receipt notice. Good luck! Hope we make it through this year!

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Originally Posted by helpful_leo

Thanks triplet. Is there a better way of knowing if the file has been touched at all? If I remember correctly, we were current for just 1 month in Jan 2012.

Also, am I right to gather from your post that if things get current this summer, it would typically last for 4 months?

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I got the copy of rfe from my lawyer today. Here is what is mentioned in the rfe for my wife. Seems like they pretty much want all the documentation one can provide --

Please submit documentary evidence to demonstrate that your marriage is a bona fide. Such evidence may include, but is not limited to: Birth certificates for common children;proof of joint residence or ownership of property, joint tax returns, joint financial accounts, spousal insurance coverage, medical, school or religious records; or other
proof of marital status. Secondary evidence will be evaluated for authenticity and credibility and should cover all peroids from the time your marriage took place until present.

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Originally Posted by JackD1

I got the copy of rfe from my lawyer today. Here is what is mentioned in the rfe for my wife. Seems like they pretty much want all the documentation one can provide --

Please submit documentary evidence to demonstrate that your marriage is a bona fide. Such evidence may include, but is not limited to: Birth certificates for common children;proof of joint residence or ownership of property, joint tax returns, joint financial accounts, spousal insurance coverage, medical, school or religious records; or other
proof of marital status. Secondary evidence will be evaluated for authenticity and credibility and should cover all peroids from the time your marriage took place until present.

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Those are all examples. My suggestion is to only submit docs that are slam dunks i.e. there is no possibility of any follow up questions.

Technicality and just FYI (don't worry about it) - from my perspective none of those docs are slam dunks for a bona fide marriage FOR IMMIGRATION. In all those examples, I believe non-spouse domestic partners and same sex partners are legal but I don't think the same applies for green cards.

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Originally Posted by helpful_leo

Thanks triplet. Is there a better way of knowing if the file has been touched at all? If I remember correctly, we were current for just 1 month in Jan 2012.

Also, am I right to gather from your post that if things get current this summer, it would typically last for 4 months?

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Originally Posted by triplet

I am no expert, just basing it off of last year and I think this year will be the same. Maybe an initial movement to June 08 and then move to Dec 08 or into 09. How long it lasts depends on the spillover from other categories. You can call your service center and ask to speak to an L2 officer, ask the L2 officer if your case has been pre-adjudicated. The number for the service center should be on the 485 receipt notice. Good luck! Hope we make it through this year!

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Leo,

There is no set timeframe for how dates will stay current. But I think triplet's guess is pretty good.

Also trying to figure out whether or not your file is touched is a pointless exercise. There is nothing you can do if it's not touched and it will unnecessarily cause stress. Wait till around June/ July timeframe before you contact the service center. I have an Aug 2008 PD so I am anxious as well so I can totally understand where you are coming from.

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Originally Posted by vizcard

Those are all examples. My suggestion is to only submit docs that are slam dunks i.e. there is no possibility of any follow up questions.

Technicality and just FYI (don't worry about it) - from my perspective none of those docs are slam dunks for a bona fide marriage FOR IMMIGRATION. In all those examples, I believe non-spouse domestic partners and same sex partners are legal but I don't think the same applies for green cards.

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Hmmm.. If you think none of these are slam dunks, which one do u think are. Other than these, all i have is marriage certificate. Our passport doesn't have each other's names so i cant send that.

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Originally Posted by JackD1

Hmmm.. If you think none of these are slam dunks, which one do u think are. Other than these, all i have is marriage certificate. Our passport doesn't have each other's names so i cant send that.

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Like I said, don't worry about my personal opinion. Stick with the options they have listed and ask your lawyer for his/her opinion.

I agree with vizcard, relax and chill till July knowing that you will be closer than ever to receiving the card come August.

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Originally Posted by vizcard

Leo,

There is no set timeframe for how dates will stay current. But I think triplet's guess is pretty good.

Also trying to figure out whether or not your file is touched is a pointless exercise. There is nothing you can do if it's not touched and it will unnecessarily cause stress. Wait till around June/ July timeframe before you contact the service center. I have an Aug 2008 PD so I am anxious as well so I can totally understand where you are coming from.

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Thanks viz and triplet.

Came here a few months after the dawn of the new millennium - hoping I will get my GC on the 14th year!
Good luck to both of you..

Questions for the married folks on this forum ( I will delete after getting some answers)

1)Has anyone used a foreign marriage certificate to do a name change for the mrs.?
2)If so, is there something specific that needs to be done (e.g., getting it certified in the US, etc) ?
3)What, if any, were the implications on your immigration process?

(Before anyone asks, NO .. I didn't just get married :) )

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Originally Posted by vizcard

Questions for the married folks on this forum ( I will delete after getting some answers)

1)Has anyone used a foreign marriage certificate to do a name change for the mrs.?
2)If so, is there something specific that needs to be done (e.g., getting it certified in the US, etc) ?
3)What, if any, were the implications on your immigration process?

(Before anyone asks, NO .. I didn't just get married :) )

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My wife came to US on H-4 visa using her passport details before marriage. Then, we first got the surname change in Indian passport using the foreign marriage certificate and an affidavit for name change (template available on the Indian Consulate Web page) before we submitted our first request to USCIS for her H-4 extension . After surname change in the Passport; we used the new surname in the subsequent applications to USCIS.

She has changed her status from H4-->F1 (including visa stamping)-->OPT-->H1B (current status). She also holds an EAD/AP card.

I don't think we got our marriage certificate certified for submission with the Passport application.

If someone gets married after having couple of status changes in US (i.e. some history with USCIS); she may consult an attorney to see if there are any considerations about the timing of the name change in the middle of the green card process.

Hope it helps!