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  • #46
    Originally posted by sandeep.iiit View Post

    I received the physical mail today. It says I need to file I-864. I am surprised because people I am exempt from filing I-864 as per their instructions:


    I also noted this down clearly in the cover letter that I am exempt, because I had heard of them making mistakes about it. I did attach the social security statement that is required.

    I feel so frustrated right now.
    It is so frustrating. It would save so much time for everyone if they just paid more attention to the details and cover letter.
    USC filing for F1 OPT spouse
    8/18/20 I-130,I-485, I-131, I-765 packet mailed to Chicago lockbox.
    8/19/20: Rcvd and signed for at Chicago lockbox
    9/14/20: Rcvd I-765 rejection in mail. Used old form by accident.
    9/15/20: Called USCIS and got other receipt #s verbally. Agent said USCIS mailed other receipts 9/14/20. No texts or emails received even though we filed G-1145.
    9/16/20: Check cashed
    9/17/20: Texts received
    10/25/20: Recvd paper receipts in mail.
    10/26/20: Sent I-765 with I-485 receipt

    Comment


    • #47
      Originally posted by 2travelersn1 View Post

      It is so frustrating. It would save so much time for everyone if they just paid more attention to the details and cover letter.
      Not only that. Part 8, 62a in I-485 asks if you are exempt from I-864. I checked that box. They should look at it before sending a RFE about missing I-864.
      F2A, Spouse of LPR.
      8/10/20 I-485,I-131,I-765 sent
      8/12 Application received by USCIS
      8/26 Mobile Notifications received
      9/05 Received I-797 Receipt
      9/08 RFIE sent for lack of I-864 (even though I am EXEMPT)
      9/09 Got email notification about RFIE
      9/14 I received the RFIE in mail
      9/22 Responded to RFIE with I-864
      9/24 USCIS received the response to RFIE
      10/2 USCIS sent I-693 Deficiency Notice (no email notifications)
      10/9 Received I-693 notice.

      Comment


      • #48
        Originally posted by sandeep.iiit View Post

        Not only that. Part 8, 62a in I-485 asks if you are exempt from I-864. I checked that box. They should look at it before sending a RFE about missing I-864.
        You may have marked I864 as exempt but is that correct based on your visa / eligibility. I suppose you already reviewed I864 instructions here - https://www.uscis.gov/sites/default/...64instr-pc.pdf?

        [I'm no legal expert, but offering inputs based on what I read from USCIS site]

        Comment


        • #49
          Originally posted by shankar382 View Post

          You may have marked I864 as exempt but is that correct based on your visa / eligibility. I suppose you already reviewed I864 instructions here - https://www.uscis.gov/sites/default/...64instr-pc.pdf?

          [I'm no legal expert, but offering inputs based on what I read from USCIS site]
          Totally appreciate your response. Hopefully it helps me find any points that I overloked.

          I am exempt because of the 1st exemption rule in the instructions:
          The following types of intending immigrants do not need to file Form I-864:
          1. Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website at https://www.ssa.gov/myaccount/ for more information;
          2. Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA);
          3. Self-petitioning widows or widowers who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; and
          4. Self-petitioning battered spouses and children who have an approved Form I-360
          The 1st rule applies to me as I have worked for 10 years here and I have more than 40 qualifying credits as per my social security statement. Let me know if I am misreading anything here.
          F2A, Spouse of LPR.
          8/10/20 I-485,I-131,I-765 sent
          8/12 Application received by USCIS
          8/26 Mobile Notifications received
          9/05 Received I-797 Receipt
          9/08 RFIE sent for lack of I-864 (even though I am EXEMPT)
          9/09 Got email notification about RFIE
          9/14 I received the RFIE in mail
          9/22 Responded to RFIE with I-864
          9/24 USCIS received the response to RFIE
          10/2 USCIS sent I-693 Deficiency Notice (no email notifications)
          10/9 Received I-693 notice.

          Comment


          • #50
            Originally posted by sandeep.iiit View Post

            Totally appreciate your response. Hopefully it helps me find any points that I overloked.

            I am exempt because of the 1st exemption rule in the instructions:


            The 1st rule applies to me as I have worked for 10 years here and I have more than 40 qualifying credits as per my social security statement. Let me know if I am misreading anything here.
            From your 1st post, I see you are applying under F2A. Are the points bit the only thing you should consider or the 'spouse of LPR'? Did you guys hire an attorney to guide you on this?

            Comment


            • #51
              Originally posted by shankar382 View Post

              From your 1st post, I see you are applying under F2A. Are the points bit the only thing you should consider or the 'spouse of LPR'? Did you guys hire an attorney to guide you on this?
              Is there a different section explaining the exemption requirements for 'spouse of LPR'. Could you point me to it?

              No, we don't have an attorney.

              Additionally, this is what it says in Page 12 of I-485 instructions:
              General Exemption from Filing Form I-864
              If you are an applicant listed below in the Who Must Submit Form I-944 and Form I-864 section and would normally be required to file Form I-864, you may be exempt from filing Form I-864 (but not Form I-944) if:
              A. You have earned or can receive credit for 40 quarters (credits) of work in the United States (as defined by the Social Security Act (SSA)), regardless of the immigrant category. (Attach your SSA earning statements. Do not count any quarters during which you received a means-tested public benefit.);
              F2A, Spouse of LPR.
              8/10/20 I-485,I-131,I-765 sent
              8/12 Application received by USCIS
              8/26 Mobile Notifications received
              9/05 Received I-797 Receipt
              9/08 RFIE sent for lack of I-864 (even though I am EXEMPT)
              9/09 Got email notification about RFIE
              9/14 I received the RFIE in mail
              9/22 Responded to RFIE with I-864
              9/24 USCIS received the response to RFIE
              10/2 USCIS sent I-693 Deficiency Notice (no email notifications)
              10/9 Received I-693 notice.

              Comment


              • #52
                Got another NoA today in mail for I-765 with a revised receipt date. But neither case info online is updated not any email trigger/SMS. Not sure if this is common (error?)

                8/26/2020 - Application received by USCIS, signed by
                9/05/2020 - Receipt date on 797 notice
                9/14/2020 - 797 notice delivered in mailbox
                —No txt/sms—
                09/17/2020 - Recvd 797 only for I-765 (receipt date updated as 09/09/2020 from 09/05/2020)

                Originally posted by soulfreezer View Post
                8/24/2020 - Application sent to TX Lockbox.
                8/26/2020 - Application received by USCIS, signed by
                9/05/2020 - Receipt date on 797 notice
                9/14/2020 - 797 notice delivered in mailbox
                —No txt/sms—


                9/30/2019 - Filed I-140 with TSC
                6/15/2020 - RFE Recvd
                7/01/2020 - RFE response sent
                7/28/2020 - I-140 approved
                8/24/2020 : Package sent - I485, I765, I131
                8/26/2020 - Application received by USCIS
                9/05/2020 - 3 NoA created (No txt/sms)
                9/14/2020 - 797 notices in mailbox (9/05 - Receipt date)
                9/17/2020 - Recvd NoA for I-765 (previous biometrics reused)
                9/18/2020 - Recvd NoA for I-485 (previous biometrics reused)

                Comment


                • #53
                  Originally posted by sandeep.iiit View Post

                  Is there a different section explaining the exemption requirements for 'spouse of LPR'. Could you point me to it?

                  No, we don't have an attorney.

                  Additionally, this is what it says in Page 12 of I-485 instructions:
                  Sorry, dude! Haven't been active on this forum for last few days. I don't have much idea on what you shared. Please hire an attorney. All the best

                  Comment


                  • #54
                    Got another NoA today in my mailbox.

                    This time against my I-485 application ... says “USCIS is able to use previously captured fingerprints and not necessary to appear at ASC for biometrics appointment”

                    Hopefully this is good !

                    8/26/2020 - Application received by USCIS, signed by
                    9/05/2020 - Receipt date on 797 notice
                    9/14/2020 - 797 notice delivered in mailbox
                    —No txt/sms—
                    09/17/2020 - Recvd 797 only for I-765 (receipt date updated as 09/09/2020 from 09/05/2020)
                    09/18/2020 - Recvd 797 for I-485 (waived biometrics)

                    Originally posted by soulfreezer View Post
                    Got another NoA today in mail for I-765 with a revised receipt date. But neither case info online is updated not any email trigger/SMS. Not sure if this is common (error?)

                    8/26/2020 - Application received by USCIS, signed by
                    9/05/2020 - Receipt date on 797 notice
                    9/14/2020 - 797 notice delivered in mailbox
                    —No txt/sms—
                    09/17/2020 - Recvd 797 only for I-765 (receipt date updated as 09/09/2020 from 09/05/2020)


                    9/30/2019 - Filed I-140 with TSC
                    6/15/2020 - RFE Recvd
                    7/01/2020 - RFE response sent
                    7/28/2020 - I-140 approved
                    8/24/2020 : Package sent - I485, I765, I131
                    8/26/2020 - Application received by USCIS
                    9/05/2020 - 3 NoA created (No txt/sms)
                    9/14/2020 - 797 notices in mailbox (9/05 - Receipt date)
                    9/17/2020 - Recvd NoA for I-765 (previous biometrics reused)
                    9/18/2020 - Recvd NoA for I-485 (previous biometrics reused)

                    Comment


                    • #55
                      Originally posted by soulfreezer View Post
                      Happy to be back on this forum
                      Category: EB1/L1-A
                      Filing I-485 + I-765 + I-131


                      8/24/2020 - Application sent to TX Lockbox.
                      8/26/2020 - Application received by USCIS, signed by
                      Hey soulfreezer... May I ask if it is EB1C? What's the first 3 of your receipt numbers. I also submitted around the same time. EB1C / MSC.

                      Comment


                      • #56
                        Yes. EB1C/MSC

                        Originally posted by shankar382 View Post

                        Hey soulfreezer... May I ask if it is EB1C? What's the first 3 of your receipt numbers. I also submitted around the same time. EB1C / MSC.
                        9/30/2019 - Filed I-140 with TSC
                        6/15/2020 - RFE Recvd
                        7/01/2020 - RFE response sent
                        7/28/2020 - I-140 approved
                        8/24/2020 : Package sent - I485, I765, I131
                        8/26/2020 - Application received by USCIS
                        9/05/2020 - 3 NoA created (No txt/sms)
                        9/14/2020 - 797 notices in mailbox (9/05 - Receipt date)
                        9/17/2020 - Recvd NoA for I-765 (previous biometrics reused)
                        9/18/2020 - Recvd NoA for I-485 (previous biometrics reused)

                        Comment


                        • #57
                          Originally posted by soulfreezer View Post
                          Yes. EB1C/MSC


                          Thanks, soulfreezer. What was the prior status of your I485? For me, it has been "Fingerprint fee was received" for quite sometime.

                          Comment


                          • #58
                            shankar382 my status online still shows “we accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status,

                            But I did get a NoA in mail saying they have biometrics from past.

                            Originally posted by shankar382 View Post

                            Thanks, soulfreezer. What was the prior status of your I485? For me, it has been "Fingerprint fee was received" for quite sometime.
                            9/30/2019 - Filed I-140 with TSC
                            6/15/2020 - RFE Recvd
                            7/01/2020 - RFE response sent
                            7/28/2020 - I-140 approved
                            8/24/2020 : Package sent - I485, I765, I131
                            8/26/2020 - Application received by USCIS
                            9/05/2020 - 3 NoA created (No txt/sms)
                            9/14/2020 - 797 notices in mailbox (9/05 - Receipt date)
                            9/17/2020 - Recvd NoA for I-765 (previous biometrics reused)
                            9/18/2020 - Recvd NoA for I-485 (previous biometrics reused)

                            Comment


                            • #59
                              Originally posted by soulfreezer View Post
                              shankar382 my status online still shows “we accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status,

                              But I did get a NoA in mail saying they have biometrics from past.

                              Ah! ok. Thanks, soulfreezer. Finger crossed. I haven't received separate NOA aside from the ones for I485/I765/I131 receipts.

                              Comment


                              • #60
                                Good luck buddy. I did some scan on this topic. If you have given biometrics information in the past, USCIS is obligated to use it (as per the circular sent in March 2020)

                                Originally posted by shankar382 View Post

                                Ah! ok. Thanks, soulfreezer. Finger crossed. I haven't received separate NOA aside from the ones for I485/I765/I131 receipts.
                                9/30/2019 - Filed I-140 with TSC
                                6/15/2020 - RFE Recvd
                                7/01/2020 - RFE response sent
                                7/28/2020 - I-140 approved
                                8/24/2020 : Package sent - I485, I765, I131
                                8/26/2020 - Application received by USCIS
                                9/05/2020 - 3 NoA created (No txt/sms)
                                9/14/2020 - 797 notices in mailbox (9/05 - Receipt date)
                                9/17/2020 - Recvd NoA for I-765 (previous biometrics reused)
                                9/18/2020 - Recvd NoA for I-485 (previous biometrics reused)

                                Comment

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