Brian & Annette:
Adjustment of Status at the Buffalo INS Office



Filing for adjustment of status

The Buffalo INS office is located on the first floor of the federal building at 130 Delaware Avenue, Buffalo, NY 14202. Their office hours are from 8am to 3pm, Mondays to Fridays, and the phone number for information is (716)849-6760. To speak to a real person, you must call between 8am and 3pm.

The I-485 packet I received said that I could file my applications by mail or in person. Since the INS office is only a 20-30 minute drive away, we decided to file everything in person. We arrived shortly after 8am, parked in the lot behind the building, and went through a security check (Brian had to go back to the car to leave his screwdriver, which he brings to work), then entered the actual office, which was very quiet. We got a number from the right-most window and then proceeded to another window to hand my applications in.

I filed I-485 (adjustment of status), I-131 (advance parole), and I-765 (employment authorization) all together. See Joanne's filing list for a summary of the documents you need to include with these applications, which I will also be mentioning in the next few paragraphs.

Supporting documents for the I-485 included a copy of my birth certificate, a copy of my marriage certificate, two 3/4 frontal photos (must be taken within 30 days of filing), check for the filing fee ($220), check for fingerprinting fee ($25), G-325A biographic information in quadruplicate, a copy of the K1 notice of approval, a copy of both sides of my I-94, and Form 9003. The I-485 also includes an I-864, an affidavit of support that must be accomplished by your spouse, be notarized, and accompanied by evidence of employment (pay stubs or letter from employer), and your spouse's tax returns for the last three years.

I got an EAD at the port of entry in Detroit, which is still valid till June, but decided to file I-765 anyway because it has been my best piece of ID (for the social security office, and the Department of Motor Vehicles) since I arrived. Also because I might get a job and it's always best to have the paperwork already done instead of rushing it when you actually need it. I enclosed a photocopy of I-94, a check for $100, and presented the signed signature card and two 3/4 frontal photos, but the latter two were returned to me. In the next 1 1/2 hours, my index finger was fingerprinted for the EAD, I signed a new signature card, and my photo was taken. Voila, my new EAD was presented to me, valid for a year from my first EAD's expiration in June up to June next year. I was also fingerprinted for the I-485 on the same day.

I also applied for I-131, accompanied by my explanation of the circumstances that warrant advance parole on a separate sheet of paper. (Basically I said I wanted to be able to go home to my family in Manila in case of an emergency.) The fee for this is $95, I included two 3/4 frontal photos, a copy of I-94, and a copy of my K1 visa.

The process was quite painless, especially compared with the American Embassy in Manila. Before leaving, I was given a sheet approximating the processing days for I-485 (270 days) and I-131 (15 days), and a request not to call the INS office for follow-ups before these days rolled around. A number for following inquiring about the status of I-485 applications ONLY was given: (716)551-4741 ext. 6991 on Wed, 8 to11am. I also received my filing receipts and was told to put them in a safe place.

The day after we went to the INS office, I panicked because I realized my I-94 was gone from the back of my passport. The immigration officer to whom I'd submitted all my applications had been inspecting it, and neither Brian nor I noticed if she'd returned it. So I called the INS and the lady on the phone told me it was specifically not returned to me because "we do not want you travelling on that. You are no longer a non-immigrant, you are now a pending immigrant." Fine by me, as long as they don't go looking for it when our interview rolls around.

So now we just have to wait.

What we would do differently now that we know better

Update: May 1999

Received advance parole documents 35 days after filing, valid for multiple entries for one year. Basically this means I can leave the US and travel even before getting my green card.

Update: September 1999

Received appointment letter from the INS on Sept 7 (123 days after filing, less than half the estimated time for processing), stating the location, date (Sept 30) and time for the interview. Reason for appointment: application for adjustment of status. In bold letters: THIS INTERVIEW WILL BE VIDEO TAPED

Additional instructions: bring the following items to the interview

On the bottom: If you are unable to keep this appointment, please return this letter to this office with an explanation. Failure to keep this appointment and to bring the required documents will delay your case and may result in the denial of the application. If you do not speak English, a person (not a family member), who can act as an interpreter, should accompany you to the Immigration interview.

I am flabbergasted but impressed that this came so soon--so efficient! What a far cry from the US Embassy in Manila (who are arguably much busier, though).

Hope they don't start looking for my I-94, they took it when I submitted my application in April.

Our adjustment of status interview

We leave our apartment 45 minutes before our scheduled interview, which should have given us plenty of time to settle in and relax. However, there was a big storm on the night before, some traffic lights are out, and the highways are filled with traffic. (N.B. This is American traffic, which moves, as opposed to Manila-style traffic, which is at a standstill.) We make it to the right office at 8:29 (we're scheduled for 8:30), sign in, and submit the appointment letter at a window.

About ten minutes later, the door opens and my name is called. A friendly-looking woman with short blonde hair introduces herself as our adjudication officer, ushers us into her office, and reminds us that the interview will be taped and is considered sworn testimony. "Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?" "I do." It was all a little intimidating.

She started out by reviewing my file, which had everything Brian and I had ever submitted from the time he'd filed the petition last year, and going over my application for adjustment of status with me. Then she asked how we'd met, and what we'd brought that day to show as proof that we were living together as a married couple. We showed her pictures of us with Brian's family and mine on various trips and activities (Memorial Day picnic, Fourth of July camping, my cousin's wedding) over the last couple of months, as well as health and auto insurance policies and joint bank account statements with both our names on them. It was a breeze, she was very nice, and the interview shouldn't give any married couple problems.

Finally, she stamped a temporary green card onto my passport, asked me to return my EAD card and advance parole papers, and explained about having to file I-751 during the 90 days before the second year anniversary of my conditional permanent residency. I took back the originals of the documentation we'd shown her and left copies. She gave me her card and told me to call if I ran into any problems.

Out at 9:20. Hurray! I love the Buffalo INS.

Update: December 1999

Received I-551, a.k.a. green card, in the mail. Valid till 9/30/2001.

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