Marriage less than 2 years and was issued a 10 year Greencard

The two-year conditional green card provision was enacted in order to prevent marriage fraud. To remove the conditions of the residence, even after a marriage breaks up, the non-US citizen spouse must show  proof that the marriage was entered into in good faith. This petition must be filed within 90 days before the second anniversary of the non-citizen’s grant of conditional resident status. The USCIS may remove the conditions and grant a 10-year green card if it is satisfied that the marriage was not entered for immigration purposes.

It has been a controversy for the last 3 or 4 years that USCIS is issuing incorrect greencards to applicants who adjusted their status through marriage that’s less than 2 years. Supposedly, I should be given a conditional greencard and since I received the welcome notice stating that I was granted with a 10 year one I was so elated and forgot about its policy. When my acquaintance knew about my case she advised me to call USCIS as it’s an error made by them. When I did, the first agent I talked to couldn’t provide the information I need so he forwarded me to an immigration officer. I waited for almost an hour to get hold of someone on the phone. The officer was very accommodating and nice, at first he confirmed that in their system my greencard is valid for 10 years but I insisted to check on it further as I don’t want to have problems in the future renewing it. Eventually, he gave me a good and bad news. The good news was, I am a valid LPR but I should have a conditional greencard. He sent an investigation email to NBC (National Benefits Center) where my greencard was approved and granted and he told me to wait for their email in 2 weeks. They might require me to file Form I-90 – Application to Replace Permanent Resident Card with NO Filing Fee. http://www.uscis.gov/i-90

It was upsetting to know that USCIS is being inconsisent although I know they have been working on humongous number of applications but they should have at least processed it carefully and effectively.

AOS Approved! Green card in production

January 2, 2014-

It has been 3 months since the date of my biometrics appointment for AOS. Every week I would check my case status in USCIS website expecting for some updates. It’s been under Acceptance status until this day. I found out that it was changed to Decision Activity stated:

“On January 2, 2014, we mailed you a notice that we had registered this customer’s new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision. “

This caught me by surprise as I don’t have any idea what ADIT processing means. After minutes of research my questions have been answered.

Alien Documentation, Identification & Telecommunications System  (ADIT) – It involves DHS filling out for you a Form I-89, Card Data Collection Form to which you must add your fingerprint, signature, and two photos (simply means BIOMETRICS). If you’ve been granted LPR (lawful permanent resident) status by filing a Form I-485 (Application to Adjust Status) within the U.S., then ADIT processing is typically done at the DHS interview. DHS then forwards this to a centralized location where the card is actually manufactured. It typically takes about a month to receive the card. The green card will be sent by U.S. Postal Service Priority Mail to the address you provided at the time of ADIT processing.

Since I’m done with my biometrics all I have to do is just wait for the welcome notice/letter to arrive for further instructions.

January 3, 2014-

I never thought that on this day I’ll receive another good news for my case status. I visited the website again just to make sure it’ll not change to something unexpectedly negative. However, when I saw the update, it was way more than what I’ve expected.

Status: Card/ Document Production

“On January 3, 2014, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.”

January 4, 2014-

“The USPS reported that they picked up mail from USCIS containing your new card. You should receive your new card within 7 days. If you do not, or if you move before you get it, please call our customer service at 1-800-375-5283.”

My year started perfectly, overflowing with blessings and good news. God is so good, all the time!

***UPDATE:

January 6, 2014- Received greencard letter in the mail good for 10 yrs.

If you received a 2 yr greencard (conditional and marriage is less than 2 years), you must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status. For more information refer to this link: http://www.uscis.gov/i-751

Notice of Potential Interview Waiver Case

December 20,2013-

I received a letter from USCIS expecting it to be the notice for AOS interview. Unfortunately, it was the other way around. It started with a positive phrase:

“U.S. Citizenship and Immigration Services (USCIS) has identified your application as a potential interview waiver case. This means that we may not need to interview you to complete your application. However, if we later determine that an interview is required, we will schedule an interview appointment and notify you.”

Then here comes the bomb:

“Due to workload factors not related to your case, USCIS anticipates a delay in completing your case. Presently, we anticipate that delay to be approximately 6 months from the date of this letter. If you do not receive a decision or other notices of action from USCIS by that date, please contact our National Customer Service Center (NCSC) at the number below.”

According to this link: http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/November%202012/NBC-AILA-11-30-12.pdf

As of August 1, 2012, NBC stopped shipping I-485 cases that met the interview waiver
criteria to the CSC for adjudication. We estimate that there will be approximately 30,000
interview waiver applications adjudicated annually at NBC.

The NBC’s decision to waive the interview for certain cases is based on standards set at the
national level. The standards include adjustment categories in which there is normally enough
evidence included with the case to make an adjudicative decision without an interview. NBC
takes into account these standards, as well as the specific situation of each applicant, on a case by
case basis, to determine whether the interview may be waived.

The following adjustment categories are considered possible interview waiver cases:

• Unmarried minor children and stepchildren of US Citizens (IR7 and CR7)
• Parent of US Citizen (IR0)
• K1/K2 entrant— Fiancé(e) of US Citizen and children of Fiancé(e) (CF1/CF2)
• Native/Citizen of Cuba filing under 11/2/66 Act (also spouses/children) (CU6/CU7)
Waiver of Adjustment Interviews in Certain Immediate Relative One-Stop Applications 6
• Unmarried & Under 14 year old child of Lawful Permanent Resident (F27)

However, NBC does not waive the interview for applicants who file:

• With Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
• With an EWI class of admission
• As part of a family pack; unless every application in the family pack meets the interview
waiver criteria

USCIS guidance regarding interview waiver cases may be found in the Adjudicator’s Field
Manual (AFM), Chapter 23.2, General Adjustment of Status Issues, subsection (h) Interview
Waivers.

It’s pretty much like saying your case doesn’t need any further action but you have to wait for a very long time to get the green card. Based on my research there are some AOS applicants who received the same notice and waited for 6-12 months without undergoing interview and found out their case status are already for card production. There are some who waited for a few months and eventually received a letter for interview. That’s how complicated USCIS system is. I would have thought bypassing the interview would speed things up. Looks like doing it is the faster route. Anyhow, I’ll just have to wait till further notice.

Employment Authorization Card. Can this be considered as an ID?

I received my Employment Authorization document or Form I-766 in the mail 5 days ago.  It was a combo card that also serves as an Advance Parole document.  It shows your photo, full name, USCIS A#, gender, country and date of birth. Essentially, it states almost everything about your identity. Most people online I’ve encountered with would say it is a government issued photo ID, which is true; and can be a form of valid identification to be shown for domestic travels or other state transactions. This, I believe is somewhat a tricky statement as the EAD only serves one purpose and that is, as a work permit or an authorization to work legally in the US. Some were able to get away with it in the airport or TSA screening just by presenting EAD card to the staff but there are some TSA officers who would ask for more proof of identity aside from it and that’s where the problem occurs if you bought a ticket under your married name and you have nothing else to show.

So to be always on the safe side while AOS application is still pending, apply for a state photo ID or a Driver’s License (if you already have a Learner’s Permit). Requirements, policies and fees vary by states. For more information you can visit http://www.dmv.org/id-cards.php

***Applied 11/8. Requirements vary by states.

I went to MVA Express in Maryland at 10AM with my husband. Receptionist in the front desk was nice and approachable. Asked me about my purpose and told her I wanted to apply for a new photo ID. She gave me a piece of paper and instructed me to take a seat and wait for my number to be called. When it was my turn, I told the staff I wanted to get a new ID and handed over my requirements/ documents namely:

  • Unexpired Employment Authorization Card (for those who are still waiting for their EAD you can present Unexpired Foreign Passport  WITH Current Valid USCIS Documentation: unexpired I-94 /  I-797 Notice of Action of AOS)
  • Original Social Security Card
  • First class / Priority mail from a federal, state or local government agency (to include the contents and envelope); MVA mail is not acceptable
  • A statement of residency signed by spouse with whom the applicant resides (Satisfactory proof of identity, Maryland residency, and relationship to the applicant is required). – this was not asked from me.

She instructed me to sit on the other chair at my right side and look straight ahead on a big black box with camera. Then transferred again to the original seat facing the MVA staff. She encoded all my information in their system, seems like it was a very smooth process until the lady told me that DHS could not confirm my EAD on their system which was disturbing as it was mailed to me 2 weeks ago. She gave me a form and asked me to fill it out with my name, contact number and address. Once they receive the go signal from DHS they will give me a call to complete the process with my payment ready of $24. I was very disappointed but I’ll be positive about it.

**Update

November 15 – I have not received any call from them for 4 days so I’ve decided to pay them a visit for the second time to check the status of my application. I was able to talk to their supervisor and told me they have received a response from DHS and I can complete the ID process. (Make sure to bring all the requirements you’ve brought with you on the first day of visit).

November 20 – Received my state ID (good for 1 year) in the mail.

AOS Timeline

August 23, 2013 – Filed and Mailed AOS/EAD/AP

August  26,2013 – USCIS received the documents

September 2,2013 – Received I-797 Notice of Action 1 Hard copy in mail

September 10,2013 – Received ASC Appointment Notice for Biometrics

September 24, 2013 – Biometrics Appointment Date (fingerprinting and phototaking)

October 29, 2013 – Checked Case Status through uscis website. EAD now Card Production ; AP now Post Decision Activity (approved)

November 4, 2013 – Received EAD and AP “combo” card in the mail.

December 20,2013 – Received Notice of Potential Interview Waiver Case letter in the mail.

January 2, 2014 – Checked Case Status through uscis website: Decision Activity.

January 3, 2014 – Checked Case Status through uscis website: Card/ Document Production

January 6, 2014- Received greencard letter in the mail good for 10 yrs.

Preparation for Adjustment of Status – I-485 Form

Few weeks after the big day and acquiring a new SSN, I started to gather all pertinent documents required for my AOS.  It was more nerve wrecking and draining than processing the K1 Visa. Why? because you have to make sure that everything is precise and complete in all category you are applying for from SSN-I-485(AOS)-I-765(EOD) to I-131(AP). Things that I’ve discovered about having RFE or declined application are: if you were not able to transcribe your DS 3025 Vaccination Sheet  to I- 695 with USCIS Civil Surgeon, I-94 Admission Record name’s incomplete (referring to those applicants with 2 First Name).  There are some Immigration Officers who would accidentally or mistakenly enter in your First Names incorrectly same case as my friend. Her admission record only showed 1 out of her 2 first names and she’s having a hard time applying for SSN. Fortunately, she was advised to call a CBP local office and fax her passport and visa and they’ll take care of it or you can go there in person to have it corrected and it will take 2 weeks for her to see the changes online when she register again and print out the I-94 Form.

Here is my cover letter with its corresponding requirements:

Applicant’s Name

Address

Contact number

Email address

(*use this address for USPS deliveries)

USCIS
PO Box 805887
Chicago, IL 60680-4120

(*use this address for Express mail and courier deliveries)

USCIS
Attn: FBAS
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

Date

Nature of the submission:
I-485, Immediate Relative (Spouse) Family Based Adjustment of Status Application, ORIGINAL SUBMISSION
Filing concurrently:
I-765 Application for Employment Authorization
I-131 Application for Travel Document (Advance Parole)

To whom It may concern:

I am currently in the United States under a valid K1 Visa status. My port of entry to the United States was (state) on MM/DD/YYYY. I am applying for Adjustment of Status based on marriage to Fiance’s name (a US citizen), who is the petitioner of my K1 Visa. Our marriage was celebrated on MM/DD/YYYY.

Please find enclosed Form I-485 together with its supporting documents, and forms I-765 and I-131 with their own separate copies of supporting documents.

Form I-485 packet and supporting documents:

1. Form G-1145
2. Form I-485, signed and dated
3. Form G-325A, signed and dated
4. Copy of I-797, Notice of Approval for I-129F Petition (NOA 1&2)
5. Certified copy of marriage certificate and photos as evidence of marriage
6. Copy of birth certificate
7. Copy of Vaccination Documentation Worksheet, Form DS-3025 and Form I-693,
8. Copy of biographic page of passport
9. Copy of K1 Visa page and Form I-94 in passport
10. Payment in the amount of $1070.00 (Filing fee + Biometrics fee: personal check made payable to U.S. Department of Homeland Security)
11. 2 passport size photos with name and A# written at the back
12. Form I-864, Affidavit of Support – signed and dated by petitioner (US citizen spouse), along with:
– IRS tax transcript – Form 1040
– Copies of W2s for 2010, 2011, and 2012

– Copy of US citizen’s birth certificate

– Copy of US citizen’s biographic page of passport
Form I-765 packet and supporting documents:

1. Form G-1145
2. Form I-765, signed and dated
3. Copy of biographic page of passport
4. Copy of K1 Visa page and Form I-94 in passport
5. 2 passport size photos with name and A# written at the back

Form I-131 packet and supporting documents:

1. Form G-1145
2. Form I-131, signed and dated
3. Copy of biographic page of passport
4. Copy of K1 Visa page and Form I-94 in passport
5. 2 passport size photos with name and A# written at the back

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be requested to submit original documents to an Immigration Officer if requested.

Yours truly,

The Applicant

Applying for an Original Social Security Number

I received my SSN in the mail in just 3 business days. Used my married name on it and got no problem when I applied. The SS employee was very nice and accommodating.

HOW TO APPLY:

To apply for an original card, you must provide at least two documents to prove age, identity, and U.S. citizenship or current lawful, work-authorized immigration status. If you are not a U.S. citizen and do not have DHS work authorization, you must prove that you have a valid non-work reason for requesting a card.

Note: For original card, you must apply in person. All documents submitted must be either originals or copies certified by the issuing agency. SS office cannot accept photocopies or notarized copies of documents. Get a certified copy of a document showing a birth, marriage or divorce that took place in the U.S.

If you have any questions about this form or about the evidence documents you must provide, please visit their website at http://www.socialsecurity.gov for additional information as well as locations of their offices and Social Security Card Centers. You may also call Social Security at 1-800-772-1213.

REQUIREMENTS:

1. Passport / Visa

2. Original Birth Certificate

3. Printed Admission E-Form I-94 (unexpired)

4. Certified copy of Marriage Certificate ( if you want to use your married name)

5. Application Form for SSN (print page 5 from this website: http://www.ssa.gov/online/ss-5.pdf )

Processing Form I-693 Report of Medical Examination and Vaccination

Purpose:

Form I-693 is used to report results of a medical examination to U.S. Citizenship and Immigration Services (USCIS). The examination is required to establish that you are not inadmissible to the United States on public health grounds. This is one of the requirements when you file for Adjustment of Status in USCIS.

To find a designated civil surgeon in your area, you can call the USCIS National Customer Service Center (NCSC) at 1-800-375-5283 and follow the instructions in the automated menu. Service is available in English and Spanish. A list of the designated civil surgeons in your area can also be generated by going to this link: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

Note: There is no filing fee for this form.

The civil surgeon is required to give you the completed Form I-693 in a sealed envelope. Do not accept the form from the civil surgeon if it is not in a sealed envelope. USCIS will return the form to you if it is not in a sealed envelope or if the envelope has been opened or altered. Submit Form I-693 in the sealed envelope to USCIS.

My experience in Maryland Civil Surgeons:

August 2, 2013

My husband and I looked through the affiliated civil surgeons of USCIS online and we saw a bunch of them with their clinic information. We opted to go to the nearest one. The first surgeon that we called was not around at that time as no one was answering. We called the second civil surgeon we chose from the list and we provided them information such as: Form- 3025 Vaccination Documentation Sheet information provided by St. Lukes Medical, Manila and its end result stated: Vaccine History Incomplete (Applicant may be eligible for blanket waiver because vaccination not medically appropriate). The only vaccine unchecked was Rotavirus (this is only applicable to babies).  The medical receptionist told us that we will still undergo physical exam and needs to have some blood work to check if I am still immune with the vaccines and this would cost us more or less $350.

We thought it was absurd. Thinking they could take advantage and make money out of this immigration medical process. We called another one and this time, they clearly told us that there’s no need to undergo medical exam and just print out 3 copies of Form I-693, passport for identity verification and Form 3025 St. Lukes Vaccination Documentation Sheet. The cost would only be for $60.

According to http://www.uscis.gov/files/form/i-693instr.pdf:

If you were admitted as a:

a. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or as a

b. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and

c. You received a medical examination prior to admission, then:

(1) You are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination, and the medical examination did not reveal a Class A medical condition, or if you did have a Class A medical condition, you received a waiver of inadmissibility and have complied with the terms and conditions on the waiver.

(2) Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon. In this case, you are required to submit the vaccination record and page 1 of Form I-693.

August 7, 2013 – 2:30PM

We went to the clinic and told them about acquiring the Form I-693. They asked for my required documents. When the nurse saw my Form I-3025 they noticed that I was only given 1 shot of TDP and MMR and we are suppose to have 2 shots, one as a booster. So for us to complete the vaccination record for Adjustment of Status, I have 2 options:

1. Get the vaccines ($130) or;

2. Blood tests to determine if you still have the antibodies from the vaccines administered ($100)

Plus $125 physical exam and $60 for processing the forms. This was the most upsetting things I heard from them. My husband was so upset that he agreed with the payment and just want to get it over with. When we arrived home, I called another surgeon out of my curiosity, if they really charge you for acquiring Form I-693. To our dismay, we received the same feedback as other civil surgeons did. To those I have researched with regard to this Form not being charged anything, it’s either they had the complete vaccines or they were just lucky enough to found a doctor that wasn’t too greedy.

**Update of my medical:

It infuriates me to know that I got overcharged by this vicious medical facilities. I went back 2 days after with my husband and told them that we will just get the blood works result and call it a day and wants a refund of the things that were not given to me. We just found out that their physical exams entail the blood works and we were not clearly informed about this the first time we visited the clinic. It was like being locked down and not given a choice to withdraw. Anyhow, one of their staff, who was way nicer than the one who handled my records asked if I was given a tetanus shot, I said no and explained to them again that I already had my complete medical and physical exams in the Philippines ( I so wanted to point fingers to the one who forcefully advised me that I need to undergo another physical exam but I don’t want to make a scene, so I just kept quiet about it). She refunded us back the cost of the shot and advised us that we should explain to the medical receptionist that we only need my vaccine record transcribed to Form I-693 according to USCIS and doesn’t need a physical exam. To those who are in need of this form, take note of this please. Don’t let the medical facilities fool you with their greediness.

I received my Form I-693 in a sealed envelope a few days after.

***Important: DO NOT OPEN the sealed envelope as that will be considered INVALID by USCIS.

Manila International Airport to Port of Entry (Los Angeles, CA)

6:30AM- Arrived at the airport early though our flight time departs at 9AM to Tokyo, Japan (1st stop) so we could check in our baggage. Saw a long line outside the international airport, but found out those people are OFWs. As we entered we presented our passports and ticket to the guard in charge and have our bags checked at the scanner. Once done, we went to Japan Airlines check-in counter. When I handed over my passport, the staff asked me if I am a first time immigrant and I said “Yes”. She advised me to go to the Travel Tax counter just near the entrance and pay Php 1,620.

– Once payment was done, went back to the check in counter and the staff gave us our boarding passes.

Went  inside the International boarding gates entrance door, and there we need to stop by another counter to pay for the terminal fee which is for Php 550/ pax.

2:30PM- Arrived at Tokyo, Japan. Only had 1 hour layover. (Make sure you’ve checked their boarding screens to confirm the gates). When it was time to board the plane, I heard my name being called by one of the staff in the boarding counter. I handed over my passport and he issued me new boarding passes in exchange of the old ones we have received from the Philippines.

**Note: While on the plane, one of the cabin crews gave me and my fiance Customs Declaration Form which will be submitted once you check in the baggage again.

July 17, 2013

10:45AM- Arrived in Los Angeles, CA (my POE). My fiance and I went to the immigration counters. I handed over my passport and the sealed yellow envelope (the contents are the documents I submitted in the embassy when I had my interview). The Immigration Officer was a nice Filipino man he looked strict though but everything went out fine. He asked about my exact location in the Philippines and the address in the US where I will be living . Then he instructed to put my fingers on the scanner for finger printing and did some photo taking. He advised me that I have 90 days to get married and put a stamp on my passport (for admission with my arrival date and the date my K1 visa expires) and said welcome to the United States and have fun!

**Note: I was not given I-94 Form when I arrived at the Port of Entry. I even asked one of the cabin crews before landing to LA but she told me to do it online. So I was actually right about my research;

CBP will phase-in the Form I-94 automation at air and sea ports of entry through April and May. Foreign visitors will continue to receive the paper Form I-94 until the automated process arrives at their port of entry. Following automation, if travelers need the information from their Form I-94 admission record to verify immigration status or employment authorization, the record number and other admission information will be available at CBP.gov/I94.

With the new CBP process, a CBP officer will stamp the travel document of each arriving non-immigrant traveler. The admission stamp will show the date of admission, class of admission, and the date that the traveler is admitted until. Travelers will also receive on arrival a flier alerting them to go to CBP.gov/I94 for their admission record information.

This is the link for you to get Admission number for I-94 https://i94.cbp.dhs.gov/I94/request.html;jsessionid=kLYJRpSFsL7d60jzSGJf2m3lYjWTMFJxgZWqJss7kCp22TxFp4mX!-1737567978

Finally boarded my last trip to IAD.

CFO Part 2 – Sticker affixed on my passport

July 16, 2013

1:30PM- Went to CitiGold Center for the 2nd time to have the CFO sticker affixed on my passport.

Documents I submitted to the guard at the reception:

1. Passport with its Visa

2. (1) Photocopy of my passport (the biographic page)

3. (1) Photocopy of the visa page on your passport

4. Original CFO guidance and counseling certificate

5. Duly completed emigrant registration form http://www.cfo.gov.ph/pdf/downloadable%20forms/registrationform.pdf (with (1) 1×1 or 2×2 photo)

-The guard then stapled all the documents and asked for 1 valid ID then he handed me a pink ID in exchange.

**Note: No more fee for CFO Sticker just the Php 400 registration fee when you attended the 4 hour seminar.

– Went inside the room at the left side of the building. Approached the old man standing near Counter 2 (for USA) and he told me to take a seat first. When it was my turn, I handed over the stapled documents to the counter. The woman stapled my certificate at the back of my passport and told me to wait for my name to be called at Counter 4 for releasing.

2:20PM – I waited for 20 minutes. My name was called afterwards and released my passport with the CFO sticker on it. The lady advised me to check my name first before leaving the building if it’s correctly spelled. (Fortunately, no errors were found). Then I left extremely satisfied.