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10year oversray, I-130 approved, I-485 RFE, but green card mailed?
As of now I have been in to US for 12 years with 10 years overstay. I have finished College which was my inital intent under student F1 (was here since high school)
as undocumented. Me and my wife are married about for a year and she is in Graduate school as of now.
Santa Ana field office:
9/22/2017 - Filed i130/i485 with affidavit/medical as concurrent filing
9/25/2017 - Fees/Case was received
10/22/2017 - Finger Print request
11/15/2017 - Biometrics done
11/30/2017 - EAD approved
12/5/2017 - EAD at hand
1/06/2018 - Case is ready to be scheduled
3/25/2018 - Case is ready to be scheduled (again)
3/25/2018 - CASE IS READY TO BE SCHEDULED (again and again)
09/22/2018 - Interview scheduled
10/31/2018 - Interview: My wife and I were called in, the IO (female) swore us in and took our IDs, I didnt have a driver’s license and I told her I do not drive, she was shocked and asked how I get around in California, I told her I dont live in CA, she said oh. I told her I live in Utah. She asked so you guys are not living together? My statement that we are married but not living together struck a flag on the IO’s side. After a discussion my wife and I explained that my Wife is in Graduate school living with her relatives in CA, and I am working in Utah with a well paid job to support both of us. We also took out a loan together for her tuition. After that she did not ask us about proving to live together. She did, however, ask that we prove long distance relationship, therefore, we pulled out a 12 inch binder of our travel receipts, she looked at it and asked what it was, and we told her: All the flights, trips, vacations we have ever took together before and after marriage. IO asked nicely to take the documents out of the binder and put it with the “files” we sent in (she had it on her left desk). IO then proceeded to ask if we wanted any thing else as evidence to put in the file; se we pulled out bank statements, joint accounts and phone bills. She then asked if we had pictures, so we gave her our 400 pic album. She said that she will be taking some picture if that is ok, and will return them once not needed. Then she went ahead to check off i-485 questions.
Never once has she mentioned my 10year visa overstay, all she asked for was my nationality and port of Entry, dual Citizen Czech/Vietnamese, Seattle, WA.. She also did not review any of the supporting documents we have bought or sent in. And she was already expecting to ask why My taxes were collected in Utah, but said I already answered it before we even started. She concluded the interview with a question and a request. Question was about having children, I just smiled trying to figure how to describe it while 4s later my quiet wife so far turned her mojo on and took 2-3 mins answering “I wanted Fraternal twins, one of each to be precise”. The IO’s request was for my medical exam. She said it has expired and I should have received a notice. But we didnt, so the IO left and took the 10lb of documents that we submitted with her and came back 2 later with RFE request. She did say that this one has the option for drop off in Utah or at her field office, or mailed. Without the current medical records, she was unable to give us any more information.
We left feeling down, my wife asked when we can expect to hear a decision and the IO said it will be mailed once she has everything and did not further explain.
11/02/2018 I-130 was approved, That was a shocker, literally 2 days after she said she cant tell us since she needed more info.
11/02/2018 I-485 still says Interview was schdduled
11/08/2018 dropped medical records to USPS
11/15/2018 I-485 “we ordered you a new card..”Card in production <<< what how? We did not even get that we got approved.
11/16/2018 Card mailed. STILL NO CASE APPROVED and a lawyer told us RFE usually take at least 2 weeks to be processed and about 30 days to be updated. So this was a shocker. I guess the medical record was just a formality affer she went through all the evidence.
MIND YOU, the uscis officers KNOW most of the answers before you even answer them. They have received a through investigation into you from the FBI, vefified your schools if you were a FOREIGN student, verified the addresses, checked for bank accounts opened under your name, etc. IF YOU LIE in your interview, they WILL know. It is BEST to be honest and answer I Do Not Know, if you do not remember or if you do not have an answer. Life is weird at times and very complex, as long as you can explain situations as to why you are married but living separetely, it is not an issue.
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