yixuan

Yes, it is really a big deal being a CCP member before and I don't understant that. I am not quite sure why they didn't let me sign any paper, but MAYBE I am not a member anymore. I was graduated at the end of 2005 and I haven't had any contacts with Communist Party since I left school. According to the regulations of CP, if I don't contribute or contact with them more than 2/3 years (not quite sure), I automatically give up my membership. So I am not a member either right now or I won't be pretty soon. I think that might be the reason.

Hi Everyone, We went to the Portland Immigration office yesterday morning for the AOS initial interview. Surprisingly, things went so smoothly which I can't believe it. I have prepared everything carefully, both the documents they required and any ones I can think of. Since I filed in the U.S. after I got to here on a business visa (for training), I prepared all the paper work for my first business trip and this business trip to show that I was not intent to bypass any standard immigration process. The office lady is a kind person. She was the only one who actually smiled to the applicant among all the officers when they calling our names. After showing our IDs we were asked by some standard questions like "So you guys met at work? When did you get to know each other?" "How long have you been dating?/ When did you start to date?" "Started as friends? "... And then she asked all the questions on I-485 one by one. All of those questions were pretty friendly and easy until the one on COMMUNIST PARTY. I was a member before, so she asked "When did you join the Party?" "Why did you join?" "Do you believe in Communist?" "Do you have to join it when you went to college?" "Did you contribute to the Party?" "How much/often do you have to pay?/ How often do you join the seminar?" "Do you have a red book like in Russia or other communist country?"... In a word, it sounds she is really concerned about it. And I just told her how I really think. I am not ashamed to be a member and I don't want have conflicts with her. I told her we could only been recruited by the Party when having good scores at school and we had seminars every other month or half a year and the fee we had to pay is like 10 RMB per half a year. Then, she went out once and the interview was stopped by a gentlement who came in to call her out. However, I didn't sign any paper for waiver (?) of being a member of Communist Party. After that, questions were back to easy and friendly. She asked for some wedding pictures and asked "Who is that person in the picture?" and asked me "How does your family think of him?" My husband was happy to let her know that he was loved by my family and see my parents often and getting along well. Right after that, she put a red stamp on my passport and said, "This will be valid in 60 days and you should get your GC in 30 days. Do you have any questions for me?" "No." I answered quickly and thanked her being friendly and kindly during the process. I think I was lucky and I can finally put all my worries away. What's more, our personal stuff shipped from China arrived at the house in the afternoon. Box after box, feeling like opening presents in the Chrisma. And this morning, I got a driving test. Practising and a little bit luck again, I passed it. As my husband said "All things are working on my way." Everything has been straightened out. What a wonderful week! Again, thanks for everyone's advice and help from CFL, without which I would never get things done right and quickly like this. I also got a lot of prompt answers while I was confused and worried. I believe in true love and I think USCIS won't deny applications from the legal truely-loved couples without a second thought. Sincerely, Emily

Hi Tvwy, no problem with different views. That was how I got myself worried. Doubts. I got the appointment notice on 08/22 and then I prepared the material they required. Till I read it again yesterday to check what else I need, I had a second thought about the "eligibility" of LPR. I thought I might need I-130 approval to show my eligibility and that might be the way they refused me. Just give an interview and tell me face-to-face that I am refused because I didn't go throught the normal way. I know I got a bunch of worries. All my applications (I-130, I485) are transfered from California to "USCIS-NBC, PO BOX, Lee's Summit, Mo" to "speed up processing" as the notice stated. Does that infer anything? Thanks Dan. It can ease me a little bit to know there is some similar case who had the AOS interview before I-130 approved and then they heard nothing for two weeks. I might have that situation too. I took it for granted that the IO would give you an answer after interview. Seems I am wrong again. I know my case is kind of unusual and that is why I have more qusetions and doubts than the others. Thanks for sharing your opinions with me.

Right, Dan. I am not eligible to apply for I-485 until I sent I-130 together with it or with the NOV1 of I-130 if it has been applied earlier. So do you think that will affect my I-485 interview without a NOV2 of I-130? Thanks.

On my "Request for applicant to appear for innitial interview" stated, please bring "All documentation extablishing your eligibility for Lawful Permanent Resident status". In May I applied for I-130 and then at the end of June I did I-485, I-765, I-131. My EAD ad AP have been approved few days ago but I -130 has not been touched since 07/27/07. I reckon the approval of I-130 (NOV2 ?) could be the only documentation extablishing my eligibility for Lawful Permanent Resident status, but I don't have that. So what should I bring? Does NOV1 of I-130 and marriage certificate count? Thanks.

Congratulations. To you and Yu.

Well that actually sounds pretty positive. Sounds like you may make it through the AOS afterall. Good luck. Please let us know how it turns out. I do hope so. My husband and I will try to get all the evidences we can get to approve I came in the US twice were based on the business reason, one for meeting and the other for training. Also the relationship between us are real and sincere. I was worried I might not have an interview, but in fact I got the interview appointment yesterday. So I will see them on Oct. 11th. I will be starting to read all AOS interview reports. And I will also leave one for everybody after mine. Thanks, everyone.

The Infopass officer also said what I should do is to apply AOS without doing the I-485 A ($1000 fine). [/b] Ok, now I'm confused. What is AOS without I-485? I thought the I-485 is the Adjust of Status application form. So how does one file AOS without filing the I-485 form? Sorry, I confused another person again. What I mean there is I was told by the officer I was not in the catalogue of typical illegal entry, so I didn't need to pay the $1000 fee, that is, to apply for the I-485 Supplement A. But for sure, I applied for I-485, together with the EAD, AP in that package.

I'm confused.. you said you already filed AOS... why do you say all you can do is apply AOS here? Davis, sorry for the confusion. What I mean is taht according to what the Infopass officer said, my visa is no long valid after I married to a US citizen. Sounds so strange? I think so too. So my secon entry is kinda illegal and that is why I can't leave the country. Therefore, what Can I do? Visa extension? Apply my I-130 and AOS here? Nothing seems right. So, I am confused by the law too. So, what I did is as I stated handed in I-130 and then AOS package.

Thanks Jwmurphy. we used to work for the same company and they are still willing to hire me. But the problem is I can't be hired legally without EAD, and I am not eligible to apply for EAD unless I filed AOS. So I am kind of stuck. Your company may be able to sponsor you for a H-1B visa. Talk to your human resources department. If not, this is how I see your case playing out - You are NOT in any kind of serious trouble or hot water. Nobody will accuse you of anything. The die is already cast as to whether you'll be approved for the AOS or not. I think a lawyer for the AOS is a waste of money. Don't do a thing, except prepare for the interview if they schedule one. Assuming you are denied adjustment of status, you will be notified in a letter. The USCIS WILL NOT ASK YOU TO LEAVE. They will simply deny your AOS and leave it at that. Appealing this decision, or going to a regular court would (in my opinion) be a waste of time and money. Once they notice that you haven't left the country, they will mail you a Notice to Appear at a removal hearing. The first notice won't provide a date or time. The second notice will be a notice to appear at the Master Calendar hearing, which will schedule a date for your actual hearing - although I've heard that the actual proceedings can occur at that time, if both sides are ready (including a court-appointed translator, if your English is less than fluent). I was unable to hear any details of the case before ours, but I believe the lady before us was here under similar circumstance to yours - a big over-stay, and wanting to adjust status. She was guilty of what the USCIS accused her of, but the judge ordered them to adjust her status anyway - basically, forgiving her overstay. So, this immigration judge will either order your removal, or forgive your overstay on the visa, and allow you to adjust status. If you are ordered removed, you may appeal to higher courts, or opt for voluntary deportation. So, don't talk to a lawyer about the adjustment of status - talk to one about immigration court, the removal proceedings and what that might do for you. Hi Randy, according to the officer at the Infopass interview, I am not allowed to enter the country with my B-1 visa after the marriage and also I am not allowed to leave once I got in because my visa is no good anymore. So, it sounds like all I can do is to apply AOS or stay extension, which is impossible also because of the invalid visa. I will check into the immigration law to see whether I can find anything. As you suggested, I may also check with my company too. So if I am denied by USCIS, I don't even have an interview but a denail letter notice?? How does that work? I read your son had the Master Calender Hearing, is he allowed to stay legally in US after that? All of these new issues can keep me busy for a while. It sounds no need to complain about the delay of my EAD anymore.

Thanks Jwmurphy. we used to work for the same company and they are still willing to hire me. But the problem is I can't be hired legally without EAD, and I am not eligible to apply for EAD unless I filed AOS. So I am kind of stuck.

I have no experience with them but I have heard they are very knowledgeable about immigration issues as they pertain to China. From what I read on their website your type of case seems to be their specialty. It is good to be cautious though. I have heard too many horror stories of lawyers who claim to be proficient in immigration only to have the client later find out they were learning as they went. One of our members, toplaw, is a lawyer. Perhaps he might give you some pointers on selecting an attorney. While I am flattered by the suggestion that I might be able to help, I am not sure that I can. My law firm does not handle immigration law matters at all, and I don't know any immigration lawyers. Probably everyone on this forum is more knowledgeable than me about immigration law matters. That is why I hired an immigration law firm to handle our K-1 Visa application. Perhaps my method of selecting that law firm might be of some help, I don't know. An application for a K-1 Visa is simple enough that someone can handle it without an attorney. Many people do just that. I didn't want to take the time to read everything, and I didn't want to be held responsible for any mistakes. I therefore searched for a law firm that had a very narrow focus and lots of experience in that narrow focus. I think you need a "real" immigration lawyer or law firm that has a much broader understanding of immigration law. Some states allow lawyers to become "board certified" in specialty areas. There may be lawyers in your state who are board certified in immigration law. Board certification requires a lawyer to obtain a broad range of knowledge in the field of specialty. There is typically a minimum amount of experience required in the field before a lawyer can even take a test to become board certified. A board certified specialist therefore won't be a lawyer with little or no experience who simply trolls on the Internet hoping to grab some immigration cases. I am sorry that this is the best suggestion I can think of for you, but I hope it helps. Best of luck with your case. Hi toplaw, thanks for yolur suggestion. I searched a while on line but surprisingly I didn't find any immigration lawyer is "Board certified" in Oregon. And there is only one guy is "Bar certified" (?). I am not sure what is that mean. I consulted two lawyers in different companies. One is Chen and Mu's associates and the other is Davis Wright Tremaine LLP. The first one said come and we could talk about it, and the second one said since the damage has done (All forms's been submitted), he could give me some suggestions in preparation of AOS interview and hope me good luck. I couldn't see much chance there. Will the USCIS always offer an AOS interview before they make a decision? Three months later? It sounds that it is the last chance I can explain things to them.

Yeah, you are right. It should be meaningless with the period thing. I just double check with you guys since I saw people had problems with the invalid stamp when they apply driving license and other benefits. I used it and passport to get myself a driving permeit 10 days ago. Hope it won't be an issue when I am ready for a fianl license.

Hi guys, thanks a lot for all your good advice. Thanks to Dnoblett¡¯s suggestion, I posted my concern again on CFL after I did first on VJ. I have never thought things would become so serious. I didn't spend much time on studying the immigration law but just simply assuming if it is true love and we spent a lot of time together and have evidence to prove that, the USCIS would consider my case in a different way. It seems way not enough. Anyway, breaking the entry law is wrong, either with notice or without. I came to US the end of 2006 for a convention and then got married in Las Vegas, and also, had a reception in China (those pictures were sent together with I-130). I think David got the point. I didn¡¯t stay after that because I didn¡¯t intent to immigrate and I have a job in China, too. And when I applied my visa, I was single, so there is no issue of fraud. I got a Multiple Entry visa valid for one year and that is why I came in with it the second time. As everyone noticed, where the problem got serious is that I entered again with a non-immigration visa and then stayed in US for AOS. I really didn¡¯t realize it¡¯s illegal until the Infopass officer told me. She said my visa was automatically invalid after I married to an American. The reason why I came to the US the second time is because my husband was banned to work in China by his doctor and he was going to have a surgery the next day I arrived. In fact, the company my husband and I worked for paid the airfare and hotel bill both times. That also resulted in that I ignored the issue of legal entry. Oh, the valid period of my B-1 visa was 08/08/07, does that matter anymore after I filed I-130 and I 485 package? Also, for legal reentry US, I filed I-131 as the Infopass officer suggested. Really appreciate your advice and help. I will consult some legal advice. Hi, Warpedbored, have you had any contact with the lawyers you recommended? At this point, it seems like only the competent lawyer can help my case. BTW, I am in Portland, Oregon and hope I can stay here.

Few days ago, I got a pink paper from USCIS asking for initial evidence for I-485 and also a penalty of extra 90 days waiting for my EAD due to that. Nothing wrong on our part since we mailed 2006 year extension and W-2s together with tax returns of 2004 and 2005. Having no help from USCIS customer service, I started to check on line and then visited visajourney.com, fortunately? or unfortunately? (Kinda of late anyway), I noticed the ¡°BE WARNED¡±, reading ¡°If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration then he/she should return to his/her home abroad¡­ to avoid denial, deportation, or even being banned from re-entry to the US¡±. Definitely unluckily, I am one of that high-risk kind. Here is my case. My husband and I have worked together in China since April 2005 and then I got a B-1 (through the company my husband and I worked for, also we had a meeting to attend at the US company) to US and we got married in Las Vegas in Dec. 2006. After that, we returned to China together and continued to work there. Because of his medical reason, he was found that he was not suitable to work in China anymore at his last trip to US (03/22/07), so I flew to US alone on 05/08/07 on B-1. I sent my I-130 on 05/16/07 and the I485 package (including I-131, and I-765, I-864, I-693) on 06/26/07 and had my photo and finger print taken on 07/27/07. When we were having Infopass appointment with a Portland local Immigration Officer before we filed the AOS package, we were told we were really lucky to travel with my B-1 twice without denial. In another word, I am in the US illegally. Woo, being a good kid in my whole life but entering US illegally. TWICE. I am lost and wondering whether sometime this year I can get my case straight.  Is there any similar case? Any suggestion what I should do? Thanks, guys.

Thanks I will try that.

Hi Ling-Curt, Did you try to use the third reason to schedule an infopass appointment? I also want to figure out how can I get my EAD quicker. Last time I went to Portland local immigration office, they told me to send I-485 package. I hope I can get some advice from them if I can get a chance this time. BTW, what is I-98? Does that allow you to present yourself for your case and talk to USCIS directly?

Wow, I found someone who had the same experience on I-485. I got the same pink slip 12 days ago, asking for the recent year tax return. As a matter of fact, my husband had sent the extension form and w-2s of 2006 (Since he was working in China last two years and KPMG who is doing his tax returns said they need to do the extension form), tax return for 2005 and 2004, in the I-485 package. Really totally confused what they want. When we called the customer service number, they said, oh, just send the info as the letter required. So, last Wednesday we sent out the 2006 tax returns we got recently and I had their receiving update online when I was checking the status of I-485 few minutes ago. However, what is really unfair is I got a penalty for lack of initial evidence for 90 days on my I-765. So, longer waiting for sure. It's just kinda of boring here without friends and just sitting at home waiting and being a house wife. So I keep doing housework to keep skinny. LOL.