Case status online

[Am4wag]

I know I am probably a bit premature in my inquirey,but here goes.....We had an AOS interview in October;the adjudiciator said after the interview "all looks good;now you are in what WE call a grey phase/area;and you should hear something in 2 weeks or maybe 2 months".

So tonight I entered my SO's 13 digit application number in the case status search,and all it is showing is that they recieved the additional evidence (a "lost" I-864;which I KNOW we sent with the I-485 back in July) they needed to proceed with the case in August.No mention of the interview,or what is going on now.Is this the final namecheck/"black hole" I'm hearing about??

I'm reading that upon recieving additional evidence (another I-864 I sent them),and in our case that would be August,that August would be the date that I would be looking for on the processing date charts the usics provides on their website,which for Baltimore,I-485's recieved in January of 2006 are currently being processed.

So am I corrct in assuming that it's going to be A BIT more than 2 weeks-2 months as said by the adjudiciator at the interview??

[yuehan123]

I can only give my own experience. The on-line data was totally useless to us. It never changed, it never meant anything.

[Randy W]

I know I am probably a bit premature in my inquirey,but here goes.....We had an AOS interview in October;the adjudiciator said after the interview "all looks good;now you are in what WE call a grey phase/area;and you should hear something in 2 weeks or maybe 2 months".

So tonight I entered my SO's 13 digit application number in the case status search,and all it is showing is that they recieved the additional evidence (a "lost" I-864;which I KNOW we sent with the I-485 back in July) they needed to proceed with the case in August.No mention of the interview,or what is going on now.Is this the final namecheck/"black hole" I'm hearing about??

I'm reading that upon recieving additional evidence (another I-864 I sent them),and in our case that would be August,that August would be the date that I would be looking for on the processing date charts the usics provides on their website,which for Baltimore,I-485's recieved in January of 2006 are currently being processed.

So am I corrct in assuming that it's going to be A BIT more than 2 weeks-2 months as said by the adjudiciator at the interview??

 

The 'processing dates' can give an indication of when to expect your interview date - that is, once the processing date catches up to the date your I-485 was filed, you should be getting an interview. Sounds like your way ahead of that, so they probably haven't updated the date in awhile.

 

No more useful information can be expected until you receive the green card.

[david_dawei]

I assume the OP wants to know 'what to do'... and the answer would be, don't rely on the website; if you want to find out something, you'd better pick up the phone and call USCIS.. but not sure what they will tell you.. but I'd like to hear it back here...

[LeeFisher3]

I assume the OP wants to know 'what to do'... and the answer would be, don't rely on the website; if you want to find out something, you'd better pick up the phone and call USCIS.. but not sure what they will tell you.. but I'd like to hear it back here...

There is definitely a problem with the input for the web site, we went through the entire AOS process with them showing they had received the case, the dates changed but the status stayed the same until the green card was received.

 

A call got us the same exact information and after pressing them they admitted they were looking at the same web site we are able to see and had no access to case information outside of that.

[tywy_99]

I can only give my own experience. The on-line data was totally useless to us. It never changed, it never meant anything.

 

I'll ditto the useless sentiment. Actually, that may be overstating its worth.

I double ditto that! It was useless when we were in the AOS process. I hope they have gotten their act more together since updating their website...

 

There seems to be a few sitting in the AOS "black hole." I know one of our members, 'Stats', has been there a long time, if not the longest. Hopefully the time will go by quickly for you all

 

-good luck

[amerchin]

Here's my triple ditto. I didn't learn anything new from that website! I did check on that site once a day and not more than once. One day when I logged in to check, it said that there was an abnormal amount of times this has been accessed!

 

USELESS!

[Bruce&Ying]

We had the same experience with the online Case Status service. In our case, they had allegedly sent us a request for more evidence (which we never got). Six months went by. We checked the online status regularly, and it told us they were processing our case, and if they needed something, they would contact us. At the end of the six months, they denied the case because we hadn't responded to the RFE we didn't get. If the online service had showed the true status (that they were waiting for us to respond to an RFE) we could have avoided many months of trouble, and the need to file a whole new case.

 

For what it's worth, I wrote a letter to the USCIS Ombudsman's Office saying that if they are going to represent to applicants that their status can be checked online, then the agency ought to make a real effort to make sure that the online service actually shows the true status of the case.

 

So, the problem should be corrected soon....

Edited November 13, 2006 by Bruce&Ying (see edit history)

[PapaBear]

Yeah, yeah, yeah! Ditto to the dittoed ditto's....right down to the origianl statement! The "On-Line Status" machine is broke down, far beyond repair!

 

We are in that AOS "gray area" or to more accurately put it "BLACK HOLE"! And we hate feeling like mushrooms in the dfark being fed crap!

 

Our "On-Line Status" has read the same since USCIS received their RFE we submitted in April 2006.....system shows they received it on May 2. Since then we've passed our AOS interview and are just waiting on either a name check review or security check...or both?

 

You know what's even more alarming than USCIS's stale information on it's "On-Line Status" and the fact that when you call the National Service Center and give them your reciept number they look at the same information you are looking at when you access the "On-Line Status" utility?????? The really scary part is that when we made an "InfoPass" appointment and personally went into the USCIS Federal Building in Sacramento.......the IO asked for our case receipt number and then accessed this same "On-Line Status" utility to check on our case. Pending!

 

Then this IO handed us an application for AP stating that if my wife left the country without permission our case would be deemed abandoned and her AOS would be denied! I advised her that we were K3 and she flat out told us we needed AP to leave (my wife has been back to China 2 times since we filed for AOS). Well, I checked further and the I-485 states that there are exceptions to leaving the country while an AOS is pending and K3 is an exception! Go figure! Where do they, USCIS, go to get such competent help?

 

I'm completely frustrated with the system! I have no faith in it! We'll see what the next few months have to hold. Our K3 expires in February 2007! Hoping it gets resolved before then!

 

Thanks for letting me vent!

 

PapaBear

[PapaBear]

Come'on you vetrans of knowledge out there!

 

This has got to be important enough to receive some tid-bit of input from some of you old crustie soldiers out there who have gone through the gauntlet?

 

Give us something to have faith in and hold on to!

 

Some ray of light?

 

PapaBear B)

Edited November 13, 2006 by PapaBear (see edit history)

[Randy W]

 

Then this IO handed us an application for AP stating that if my wife left the country without permission our case would be deemed abandoned and her AOS would be denied! I advised her that we were K3 and she flat out told us we needed AP to leave (my wife has been back to China 2 times since we filed for AOS). Well, I checked further and the I-485 states that there are exceptions to leaving the country while an AOS is pending and K3 is an exception! Go figure! Where do they, USCIS, go to get such competent help?

 

 

Be aware that your K3 expires in 3 months and that you WILL need an AP after that date.

[pkfops]

Interview passed..............

 

FBI Name Check??????????

[PapaBear]

 

Be aware that your K3 expires in 3 months and that you WILL need an AP after that date.

 

Not according to a person I spoke with at DOS, but that is according to the person I spoke with at USCIS.

 

The DOS person I spoke with stated "as long as a petetion has been filed for AOS, in other words if and AOS is pending, all benefits and privledges remain in effect for that visa". I specifically asked about multi-entry for travel outside the US and was told again that all benefits and privledges including entry/exit were still valid.

 

Of course, we must keep in mind the response I received from the IO at my Info-Pass Appointment......which was wrong! Possibaly this person I spoke with at DOS was wrong also? I am no expert here. But I am looking for responses from experienced persons, not from someone who thinks-he-knows-the answer.

 

Randy.....are you sure your post is correct?

 

If it is.......thank you.

 

PapaBear

Edited November 14, 2006 by PapaBear (see edit history)

[Randy W]

 

Be aware that your K3 expires in 3 months and that you WILL need an AP after that date.

 

 

Not according to a person I spoke with at DOS, but that is according to the person I spoke with at USCIS.

 

The DOS person I spoke with stated "as long as a petetion has been filed for AOS, in other words if and AOS is pending, all benefits and privledges remain in effect for that visa". I specifically asked about multi-entry for travel outside the US and was told again that all benefits and privledges including entry/exit were still valid.

 

Of course, we must keep in mind the response I received from the IO at my Info-Pass Appointment......which was wrong! Possibaly this person I spoke with at DOS was wrong also? I am no expert here. But I am looking for responses from experienced persons, not from someone who thinks-he-knows-the answer.

 

Randy.....are you sure your post is correct?

 

If it is.......thank you.

 

PapaBear

 

Pretty sure, but no, I don't have any direct experience or knowledge. I wouldn't think an expired visa would get you into the country. But definitely wait for another opinion.

 

The only thing like that for K-1's is the Employment Authorization, which DOES expire with the visa.

Edited November 14, 2006 by Randy W (see edit history)

[david_dawei]

 

Be aware that your K3 expires in 3 months and that you WILL need an AP after that date.

 

 

Not according to a person I spoke with at DOS, but that is according to the person I spoke with at USCIS.

 

The DOS person I spoke with stated "as long as a petetion has been filed for AOS, in other words if and AOS is pending, all benefits and privledges remain in effect for that visa". I specifically asked about multi-entry for travel outside the US and was told again that all benefits and privledges including entry/exit were still valid.

 

Of course, we must keep in mind the response I received from the IO at my Info-Pass Appointment......which was wrong! Possibaly this person I spoke with at DOS was wrong also? I am no expert here. But I am looking for responses from experienced persons, not from someone who thinks-he-knows-the answer.

 

Randy.....are you sure your post is correct?

 

If it is.......thank you.

 

PapaBear B)

 

Pretty sure, but no, I don't have any direct experience or knowledge. I wouldn't think an expired visa would get you into the country. But definitely wait for another opinion.

 

The only thing like that for K-1's is the Employment Authorization, which DOES expire with the visa.

 

First, to comment about EAD & K1: It is usually issued in 1-year increments. The k1 visa expires 6 months after issue.. A visa is an entry issue, not a status issue... so you can enter with one day left on the K1 visa, get an I-94 which is a valid status for six months (basically you have status for six months after the visa has expired).

 

---

 

K3 expiring and AOS pending:

 

Here is from the USCIS website:

Advance Parole:

Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.

 

Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

 

Frankly, clear as mud...

 

Here's two arguments I have read:

1) The K3 status, once AOS is filed, is no longer K3 status, but technically AOS pending... If the K3 is expired, how can the exceptions above be proved as K3 status?? One could carry the AOS receipt with them, but as Randy said, the VISA (which is an entry issue is expired).

2) If the K3 status is expiring and AOS is pending, then you are authorized to get AP or an extension on the K3... In order to leave the country, either of these two are needed. AP seems to have some funny 'status' change effect (probably with non-famly based visas) but I'd try an extension if it's truly available and just keep things looking the same.

 

These seem more consistent with reports I've read (than the website) where people with expired K3s (and pending AOS) were denied re-entry. WHY? AT POE, they had no basis for ENTRY, which is a valid visa or AP... They might be 'pending AOS', which is a status, but they didn't have anything valid for entry.

 

So, I would be very careful to leave on an expired K3... get an extension if you can. I could of simply found enough wrong information, and maybe you can leave the country on an expired K3... From what I found, it doesn't seem worth the risk till a definitive answer appears.. unfortunately, POE is the final answer.

Edited November 14, 2006 by DavidZixuan (see edit history)