N
N K
Jan 19, 2022
Unlawful Presence
I have originally withdrew my I-485 after receiving NOID and the withdrawal was accepeted on 02/23/2021. I have filed a new I-485 in the same month (around 01/15/2021) but it was rejected due to a missing page. This was then resubmitted and accepeted on 03/15/2021. Timeline - 01/15/2021 filed new I-485 - 02/20/2021 new I-485 rejected and submitted again - 02/23/2021 withdrew the old I-485 (this was applied back in 2018) The withdrawal came with 33 days grace period. - 03/15/2021 the new I-485 was accepted USCIS now states that I was unlawfully present from 02/24/2021 to 03/14/2021. Any one had a similar experience? If so, please share your experience.
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Sal SalJan 20, 2022
what’s ur I-485 based on?
Sal SalJan 20, 2022
marriage or employment?
Sal SalJan 20, 2022
and what was ur noid about, I can advise you on this
N
N KJan 20, 2022
The original 485 was employment based, and the new 485 is marriage (to a greencard holder) The noid was about working unlawfully (I have submitted my affidavit during the interview today)
Sal SalJan 20, 2022
did you work unlawfully during that period of ur first I-485? and tell ur spouse to upgrade to citizenship so you could be exempted if so
Sal SalJan 20, 2022
beside were you truthful on ur application about ur working without authorization?
Sal SalJan 20, 2022
I think you will be fine though
N
N KJan 20, 2022
I was truthful and provided all the paystubs for the times I was working lawfully. My spouse will hit her 5 yr period in 2023
N
N KJan 20, 2022
I will provide updates. That 3week gap is what is really scaring me
Sal SalJan 20, 2022
how the hell are they claiming you worked unlawfully? was it a mistake on their part and if it was why did you withdraw? you will get ur gc either way
N
N KJan 20, 2022
They looked at my LinkedIn which was hacked and had inaccurate information. I never accessed it since 2011 and apparently it was updated regularly until 2018 by someone
A
A SJan 20, 2022
this sounds fishy .. ur linked got hacked and your were unaware if it ? I didn’t know that linked gets hacked too ..
Sal SalJan 20, 2022
they told you this at ur interview? they usually don’t check peoples LinkedIn. we’re you the one who provided them with ur profile?
N
N KJan 20, 2022
@A S I know right? you wouldnt believe it until it actually happens to you. I was a sophomore in college back then seeking for internship, thats why I created in the first place. After that, I neglected it because there was no use for me. It is my fault for neglecting it for so long I guess @jude yeah they did check. i did not provide them my profile, they had the page printed out at the old 485 interview (the interview where the noid came from)
Sal SalJan 20, 2022
oh okay and how did ur current interview go?
N
N KJan 20, 2022
Today’s interview went well. The officer did not have issue with our marriage being legitimate. However he said he will need to look into the 3 week gap problem as well as my response to the previous noid.
Sal SalJan 20, 2022
you will get approved. okay you will be fine
N
N KJan 20, 2022
Thanks Jude, Im hoping for the best as well. Will post updates!
Sal SalJan 20, 2022
do you have ur work permit and advance parol?
N
N KJan 20, 2022
I got my work permit in Nov 2021. I did not apply for AP because I wasnt planning on traveling to other country
Maverick MaverickJan 20, 2022
I got NOID marriage based. submitted response to NOID since September up till now no update from USCIS. Any chances of approval?
N
N KJan 20, 2022
Why was a NOID issued in the first place? lack of supporting documents to prove the marriage was legitimate?
Maverick MaverickJan 20, 2022
@NK address discrepancy, divorce certificate discrepancy and supposedly no enough evidence for present Marriage.
N
N KJan 20, 2022
@El Berakkah as long as you have provided them with sufficient explanation and more evidence for the current marriage, you should be fine. To prove my marriage is legitimate, I provided the followings: - marriage certificate - pictures with family and friends - proof of insurance - auto loan agreement - joint bank statement - W2’s with same address - tax return - life insurance The officer was satisfied with those evidence to prove our marriage was legitimate. I hope this helps!
Maverick MaverickJan 20, 2022
okay thanks
N
N KJan 20, 2022
@Manuel I completely agree with you. Whether it was hacked or someone else’s profile with the exact same as mine, I provided them enough evidence to prove that what was on that LinkedIn profile is not true.
Sal SalJan 20, 2022
@El was the noid after ur interview? did you get ur work permit already?
Maverick MaverickJan 20, 2022
@Jude it was after interview and I already got ead
H
Hope kJan 20, 2022
NK, isn’t 180 days of unlawful presence. excused?!?!?
N
N KJan 20, 2022
@ND I thought that’s only if applying 485 through employment?
H
Hope kJan 20, 2022
I though it was universal…for family and employment.
Q
Qa yaFeb 23, 2022
@ NK any updates on your case?
N
N KFeb 23, 2022
@Qa no updates, still says my case must be reviewed
Q
Qa yaFeb 23, 2022
oh ok I just replied back to my noid last week
N
N KFeb 23, 2022
@Qa when was your interview and what was your noid about?
Q
Qa yaFeb 23, 2022
I don’t know what to tell very simple things and there were some mistakes from the officer
N
N KFeb 23, 2022
Hope all goes well for you

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