ForumTitleContentMemberSexCountryDate/Time
CanadaRequest For Evidence (RFE 2012)

You need to send in:
-the letter of intent to marry, from both of you, a template is available on this site under the K-1 guides.
-proof you have met in the past two years. Either receipts, boarding passes, stamps in passports, photos of the two of you together. The more the better.
-Send them a page of the story how you met and proposal.
-Reason for the customs violation, whatever that might be, and the outcome.
-proof the prior marriages were terminated, either by death or divorce BEFORE the K-1 was filed.

Someone didn't read the guides before they sent in their package.


The customs violations wasn't the parties violating customs laws, it was the exception to meeting in person if it violates long standing customs in the religion or culture.


Pay very close attention to the primary evidence list. Without any primary evidence your secondary evidence may not be acceptable to them. With little primary evidence, include a lot of secondary evidence. Also include a letter describing those meetings. It ties the evidence together. Get the dates, where and who written on the photos. Make it as easy as possible for them to understand what each bit of evidence means. Do not assume any evidence you sent originally is still with your petition. Resend all the original evidence again and include more.
CaryhMalePhilippines2012-04-20 13:29:00
CanadaQuick question about when to book wedding stuff..

Wow, how did your process go so quickly? Looks like the whole process took 6 months! Lucky you! Did you do anything special?


We didn't really do anything special, the California Service Center working on our I-129F was just running very fast. We even had an RFE, but I was very careful and took my time to make our reply extremely complete. Heck the reply was larger than the initial package lol. In some cases we just got lucky. Got an early medical and interview by setting it up online rather than waiting for the letter or phone system to set up. The Philippines is a bit different, you need to get your case number from the NVC then set up the rest yourself. We were lucky to get the visa sent quickly after the interview to, some waited near a month to get their's at the time. On the other side, we've been waiting what seems like forever on her green card. But at least we're together, so its not near as bad.
CaryhMalePhilippines2012-05-11 10:22:00
CanadaQuick question about when to book wedding stuff..
You're limited by the expiration date on the visa and the date of the medical. You get 90 days to get married when you arrive. The medical cannot be over a year old. You also need a medical that is not over 12 months when you adjust status. Getting a new medical with a CS can be expensive, and the fee for the AOS is high enough as it is. Many people go for a quick wedding when doing the K-1, then plan a more formal affair later on. My wife an I threw together a wedding in one month, it was rushed, it was somewhat simple, it wasn't perfect, but it was pretty nice to. It helped we had our wedding garments, made before she got here.
CaryhMalePhilippines2012-05-01 15:51:00
CanadaCDN Passport Expiring
Yes you need your passport. You can renew it at the Canadian consulate for your area. You've been lucky while driving across so far, they will ask for your passport if you fly across the border. Even US citizens are required to have their passport on re-entry to the USA, or passport card if driving. Your drivers license works while flying in the USA because you're not crossing any international borders.
CaryhMalePhilippines2012-06-26 08:35:00
CanadaAoS fee question

Yes total is 1070$ and it include the EAD/AP. Must be mail together

 

 

Actually if you forget up front to mail the EAD and AP forms with the AOS, you can send them in with a copy of the NOA for the AOS and get them for free to. Some have not applied up front because they thought there was an extra fee, and used this method to get them afterwards. 


CaryhMalePhilippines2013-05-02 14:36:00
CanadaAoS fee question

EAD and AP fees are waived if applied for with an AOS.


CaryhMalePhilippines2013-05-02 11:15:00
CanadaThe Best POE Review Ever - Land Border Sarnia Blue Water Bridge

Welcome back to the USA, and welcome your husband to his new home for me.

Well at least you had time to kill while the jerk border patrol agent played bad cop good cop with himself.

 


CaryhMalePhilippines2013-07-29 07:47:00
Canadaaddress

so we just moved, and we just went to get my permit... now i really don`t have time to search through here so, if someone doesn`t mind answering my question..

how do i inform dhs that i`ve moved because, the DMV is mailing in ####### to confirm that it`s me applying for my permit im assuming.. Should I just call DHS ?

 

https://egov.uscis.g...splayCOAForm.do


CaryhMalePhilippines2014-09-18 14:15:00
Removing Conditions on Residency General DiscussionWhat happens after service request for biometrics

Yes, I told them it has been just 27 days. After seeing my records they said there was no sign of an attempt to schedule a bio appointment. So they said it makes no difference to wait for 3 more days to make it 30 days. Hence, they registered the service request. I did not request for one.


We were told to wait for the letter regardless that their was no evidence they had attempted to schedule a bio. This was for an AOS, but they said to wait the 30 days. We put in the service request then and about a week later we received the appointment letter. If I recall correctly, we received an email sometime after stating our service request had been granted.
CaryhMalePhilippines2012-05-16 15:37:00
Removing Conditions on Residency General DiscussionApproval
Congrats. As to your question
IF1
Alien whose record of admission is created upon the conclusion of a valid marriage contract after entering as a fiance or fiancee of a U.S. citizen.
CaryhMalePhilippines2012-06-25 15:07:00
Removing Conditions on Residency General DiscussionGC Extension notice and my mortgage...

Yep, this is my fear. And since they're going to be SO ignorant as to how this process works, they're not even going to even realize that the actual buying of the house is the most bonified way really for the USCIS to assess the validity of a marriage. So, i'm expecting some issue as no one who has not gone through immigration knows what most things mean. So, I'm just waiting for all the hassle to come raining down.
YaY!


We just bought a car for my wife who doesn't have her green card after 6 months of waiting. One company I checked with to get us a loan refused to include my wife on the loan because her SS card said good for employment with DHS authorization. We had included a copy of the EAD. They'd give me a loan alone, but not if I wanted my wife on the loan. The other could have cared less what it said, as long as my credit was good. We talked with the bank about a refi on the house, and our bank seems fine with her status. Of course we haven't actually done paper work yet, so who knows really.
CaryhMalePhilippines2012-05-14 14:30:00
Removing Conditions on Residency General Discussion2 year GC expiring, moving to another country 2 months later anyway...
Without reapplying, you'll be accumulating out of status days when your green card expires. At 6 months you earn a 3 year ban, at 12 months a 10 year ban. You can be picked up and detained by ICE. You cannot legally work. In most states your driver's license is no longer valid. Failing to follow the letter of the law technically makes you an illegal alien in the USA. It kind of sucks you'd apply, but then not be around to finish, but if you're working and driving in the USA, the law doesn't really care that its expensive and you're leaving soon, it just says you're breaking it.
CaryhMalePhilippines2012-07-16 11:30:00
Removing Conditions on Residency General Discussionhow do I withdraw joint I-751 petition?

I don't know if your husband received his 1year extension or not but you may not be able to withdraw/get out of the joint petition. If he moved out BEFORE his GC expired (within the 2 year period), then he has blatantly violated the terms of the GC. The rules are clear. If you are not divorced, you MUST be sharing a life together.

 

The rules do not state that. There is no condition that a married couple even live together while one of them is here with a conditional green card. The condition is they are married and did not marry to avoid immigration laws. Granted its going to be hard you didn't marry to avoid immigration laws if you're not living together, but that does not make it a rule. And when a marriage breaks down, it is normal for one to move out. They just need to file to remove conditions with a waiver based on being separated or divorced, rather than removing conditions as a married couple.


CaryhMalePhilippines2013-06-06 09:15:00
Removing Conditions on Residency General Discussionhow do I withdraw joint I-751 petition?

Thank you for the information. I was concerned about the Affidavit of Support since my father had to cosponsor. But that would only be an issue if he tried to apply for some kind of government assistance, no? He has a decent paying full time job with full benefits so, fingers crossed, that wont be an issue. Will immigration respond and deny the joint application fairly quickly, do you know?

 

Generally its not so fast. The letter needs to catch up to the petition, then get worked on by a human, or something resembling one, at a service center or local office to process the denial. Getting a denial can take just as long as removing conditions. Technically you can't withdraw someone else's petition, and the ROC is his petition. What you're doing is removing your support and stating the marriage is ending. The petition then will not be granted, because its based on a marriage which has ended. He then refiles alone based on divorce, and as long as he shows he married in good faith, the 10 year green card is granted.

There's nothing to do about the affidavit of support, you and your father are stuck with it. 

I do hope he comes forward and continues to support his children.


CaryhMalePhilippines2013-06-03 07:53:00
Removing Conditions on Residency General Discussionhow do I withdraw joint I-751 petition?

This is a removal of conditions. He can not go forward on a joint removal if you're separated and divorcing without committing fraud. If they request an interview and you're not there, he will be denied. If no interview is requested, and he gets the 10 year card based on marriage, this could come back to haunt him later, particularly if divorce papers are filed or legal separation papers are filed. You can mail the letter to the local office, and the address you submitted the application to. Include a copy of the Notice of Action letter, case number and reference his A#. Further you can make an infopass appointment and drop off a copy of your withdrawal. Yes, he will need to resubmit an application to remove conditions based on divorce and pay the fee again. You do understand this will not remove your liability on the Affidavit of Support? Sorry to hear about your troubles.

 


CaryhMalePhilippines2013-05-31 12:50:00
Removing Conditions on Residency General DiscussionQuestion about the I-751 Receipt Notice (I-797, Notice of Action)

Got it, I didn't know it, thanks for the explanation Caryh  :) Have a great day!

 

I'm not sure how your state works, each is different, but they removed the immigration check date from my wife's license when we went back and showed her green card. At this point I assume she could fail to renew her green card and still keep her license. Not 100% sure, but we'll see in a couple more years when its time to renew her driver's license, and see if they want to see her green card again. But there used to be an extra immigration check expiration date, which she needed to get updated if she was still using just the EAD for it.


CaryhMalePhilippines2014-03-24 11:21:00
Removing Conditions on Residency General DiscussionQuestion about the I-751 Receipt Notice (I-797, Notice of Action)

 

My Employment Authorization Card expired on March / 2013, and my Social Security says: Valid For Work Only With DHS Authorization. I thought that this "Valid For Work Only With DHS Authorization" means that I also have to show the Employment Authorization Card. Do I have to re-new this one or not? I just realized this week that it has been expired almost for a year.

 

Thanks for your opinion.

 

If you're removing conditions, you have your green card. Your EAD became invalid the day the green card was issued, as the green card is now your work permit. You could have gotten the notice removed from your SS card when your green card came.


CaryhMalePhilippines2014-03-24 10:57:00
Removing Conditions on Residency General DiscussionCan we Travel to Canada?

Do you really want to risk this though? What will you do if they suddenly ask for the passport? 

 


CaryhMalePhilippines2014-04-24 08:53:00
Removing Conditions on Residency General DiscussionIssues with police citations and ROC question.

Question 20 rather clarifies that with the "any law or ordinance", this includes being fined. You don't say what you were charge or fined with, so no one can say if it will have an affect on your petition to remove conditions. You will be required to report them. My personal opinion is repeatedly violating local ordinances is not going to look good for you, but I've no idea if it would earn you a denial. I'd get out of any job that requires me to be breaking laws and I'm a citizen by birth.

 

 

 


CaryhMalePhilippines2014-05-08 11:55:00
Removing Conditions on Residency General DiscussionWhat to do if husband and I are living apart but still happily married

Thanks for that perspective, milimelo. We'll try calling if we're called for an interview and see how that goes. Not sure if it will work (especially for biometrics- Milwaukee is the closest office to us...) 

 

Maybe it would be worth it to request in the cover letter?

 

Other people have done their biometrics on a walk in basis at locations other than their appointed location.


CaryhMalePhilippines2014-05-09 10:46:00
Removing Conditions on Residency General DiscussionHusband Lost his Green Card, right before Removing Conditions

Won't be able to ..... nor a job

 

You need to prove you're eligible to work, but an employer cannot require you to show your green card to show you're eligible. There are other means such as showing your SS card without restrictions and a drivers license put together. 

 

You can see the list of documents to prove eligibility here.

http://www.uscis.gov...es/form/i-9.pdf


CaryhMalePhilippines2014-05-09 08:53:00
Removing Conditions on Residency General DiscussionHusband Lost his Green Card, right before Removing Conditions

As long as you have the copies of the card, front and back, you're OK to file. The problem may come up when you do the biometrics. They did check my wife's green card when she did her biometrics. I'm not sure what they would have done had she failed to bring it, I if I recall correctly the biometrics appointment letter said to bring the green card. Bringing the photocopies and the police report might get you through that. I hope he does have other ID to still prove his identity. 

Good luck on finding the actual card.

You said his ROC is due in a month and half, is that the beginning of the 90 day window you're required to file in?

 


CaryhMalePhilippines2014-05-09 08:47:00
Removing Conditions on Residency General DiscussionWhere to start

Thank you for the quick response! I couldn't find in the guides here on VJ what is the amount of the payment that I will be supposed to send with the package. Anybody knows that?

 

http://www.uscis.gov/i-751

From the link above

$505 plus $85 for the biometrics fee. Total is $590.

Follow the guides here and read the instructions that come with the form.  


CaryhMalePhilippines2014-05-27 13:43:00
Removing Conditions on Residency General DiscussionWhere to start

You can file to remove conditions 90 days before the two year card is set to expire, no earlier. When you apply, you'll get a NOA1 extension letter, which serves to extend your green card for 1 year while they process the ROC application.

 


CaryhMalePhilippines2014-05-27 13:28:00
Removing Conditions on Residency General DiscussionI751 - Wife and Kids have different GC expiration dates

I'd wait 49 days into the 90 day before period for your wife's card expiration and file all together. That's still plenty of time to receive the green card extension letter which is the NOA1.

 


Edited by Caryh, 28 May 2014 - 02:13 PM.

CaryhMalePhilippines2014-05-28 14:12:00
Removing Conditions on Residency General DiscussionMoving to the UK for husband's job

 

well she would just have to stay within the guidelines. also, somehow ppl that are married to their spouses who are stationed overseas do it. i know that it involves orders and stuff.

however. the best bet would be for her to make an info pass appt and get it over with.

 

I think what people are telling her, is its going to be very difficult to balance the residency requirement of the legal resident if she's living with her husband in the UK. Add in the need to return to remove conditions, and show a commingling and such with her husband out of the country. Now try top drag this out for three years and not lose her green card any way may not be easy. If she does it, she'll still likely have an 18 month wait for citizenship. Why go through all the headache? Why be separated with your husband so much? Go be with him and then file the DCF and come back with the 10 year card. Much more straight forward and easier to do.

 

oops sorry about the her usage, just an assumption. 


Edited by Caryh, 11 June 2014 - 03:34 PM.

CaryhMalePhilippines2014-06-11 15:33:00
Removing Conditions on Residency General DiscussionMoving to the UK for husband's job

First of all, I don't appreciate you replying to MY OPINION in a condescending manner. That's one. Two. By sucking it up, I meant for her to keep US as her primary place of residence until she gets her citizenship. She can always go and stay with her husband for up to 6 months.
Whatever OP ultimately decides to do, will not be decided by anybody on this forum. She simply came to see her options. What I suggested, is an option.

 

repeated 6 month visits out of the USA will reset her count on the 18 months continuous stay to apply for citizenship. 


CaryhMalePhilippines2014-06-11 15:18:00
Removing Conditions on Residency General DiscussionMoving to the UK for husband's job

To keep your green card valid, you need to maintain residence in the USA. You could apply for a re-entry permit, which will allow you to stay out of the country up to two years, but you problem is removing conditions. I do not believe you'll be able to do that while living abroad. 

You do not need Advances Parole to leave the country, your green card gave you all those rights.

If your green card expires while you are gone, you'll need to go through the entire spousal visa process again. With the advantage of you'll be married over two years and get the ten year card.

 


CaryhMalePhilippines2014-06-11 11:07:00
Removing Conditions on Residency General DiscussionFiled I-751, Out of the Country for Biometrics

It's also possible that you won't receive a biometrics letter. Since the middle of April, some of us are waived from going to the biometrics appointment because the USCIS has decided to upload our previous biometrics info.

 

Problem is that you have to wait and see. You can't do a walk in without the letter though.

I'm not sure if those getting a CR-1 outside the USA are getting the bio current status, and avoiding the biometrics. But it appears everyone who adjusted status in the USA no longer getting the bio letter and being told their biometrics is current and uploaded.


CaryhMalePhilippines2014-06-19 10:19:00
Removing Conditions on Residency General Discussionremoving conditions

Sounds like fun. Be careful where you pack that evidence so you can find it in your new home. We're in the middle of ROC right now, and it will be really nice to say goodbye to USCIS for the next ten years, or until she applies for citizenship. Something I'll encourage her to do just so we need not deal with them again.

 

 


CaryhMalePhilippines2014-06-19 10:09:00
Removing Conditions on Residency General Discussionneed help my wife try to get me deport

A few questions to help clear up your current situation. 

Do you now have a green card or are you currently applying for one?

If you have a green card, do you have a 2 or 10 year green card currently? 

Are you currently in deportation proceedings?

What was or is the reason for the deportation hearing?

Did you enter the country with inspection? (as in entering with a visa and over stay, or sneak across the border)

 

ICE often hears from ex spouses that are upset when a marriage ends. They put little weight to reports from ex spouses, who rarely have more than just their own words and no real evidence of fraud.

 


CaryhMalePhilippines2014-06-25 11:30:00
ThailandWe are in the U.S.!....now SSN or marriage?

We arrived in the US on May 2. We have started to settle in. I went by the record of deeds office in my county to check on getting a marriage license. They need a SSN for each person, among other things.....or they gave us an affidavit to use for a person who is not eligible for a SSN. They asked if we had applied for a SSN yet (and we haven't) so they gave us the affidavit form for people who are ineligible for a SSN. They said we could use that to get the marriage license but only because we haven't applied for an SSN yet. I'm curious if anyone here has been through a similar experience. It doesn't seem right since we will be eligible for a SSN when we apply.

I read if we apply for a SSN it will probably take 2 weeks to get. It seems like we need to wait 2 weeks after entry to make sure Took is in the SAVE computer system, then apply for the SSN, then wait 2 more weeks to get it. Is that what most people do?

If we marry after getting a SSN we have to go back and change her name. I was hoping to marry first then get the SSN with the married name....saving a return trip to change it. Anyone know if that is possible?

Mark & Took


The I-94 allows her to get the SS number as long as its not too close to the expiration date. My wife an I waited until after our wedding because we were getting married quickly, five weeks after her entry. This gave us plenty of time to get the SS number in her married name. As to what your local county requires, that is up to the local county and varies all over the country. We did not need SS numbers to get married where we live. I would go by what the county is telling you is valid, since it is their rules you need to follow. Getting the SS card in her married name does save the name change after marriage later, but there will come a point where you're changing the card to remove the note about requiring DHS authorization to work also. So there's no reason you can't do the name change at the same time. What you don't want to do is miss this point in time where the I-94 allows her to get the SS number. I've heard anywhere from 2 weeks to 30 days before it expires, they won't let her get an SS card.
CaryhMalePhilippines2012-05-08 11:10:00
ThailandGetting a housewife credit

 

Here's a simple suggestion that I read on VJ right after we AOS'd. Get a shoe box and start putting your stuff in there, bills, cards, letters, boarding passes etc. The two years flies by and our box is stuffed with 3 months to go!

 

We did the same thing. Here and there I just put things into the box, but the time it came to do the ROC, we just started copying and organizing. I'm sure we went overboard on evidence, but it made my wife feel more secure. Result, no interview, no RFE, approved.


CaryhMalePhilippines2014-06-26 09:02:00
ThailandGetting a housewife credit

When you apply for a loan you have to be the primary applicant and have her added as a secondary on the loan.  This is what I had to do for my wife and when you add her to your bank and credit card she will piggy back off your credit score.  As far as adding her to your mortgage I had no problems with this and didn't have to refi or anything that changed the payment.    

 

When we bought a car, one loan firm refused to put her on the loan because she was a new immigrant. This was through my insurance company, who I promptly dropped afterwards. They said I could get the loan by myself, but not if I added her. They didn't beat the rate through the dealer anyway, so it was no great loss.

I did a home refi, and the interest rate would have been higher had she been on it. But we did get her on the house deed, so that was good. Lowered my rate to, so it worked out.


CaryhMalePhilippines2014-06-24 11:46:00
ThailandGetting a housewife credit

Add her to health insurance. Make her the beneficiary to life insurance and retirement accounts.

Get her a secured credit card in her own name.


CaryhMalePhilippines2014-06-24 11:40:00
Vietnamdistance relative at HCM interview
If I followed this right, then she would say her great grandmother has a granddaughter in New York. Let them figure out if they're even third cousins at some removed count.
CaryhMalePhilippines2012-05-21 16:02:00
VietnamK1 visa denial - File CR1 - Pls. help!!!

Jim will chime in on this soon enough as he is one who is very familar with the legalities of the accusation of fraud and the P6c marker associated with it...(not first hand, but he has done the research)

here is some important reading for you-

http://www.visajourn..._1#entry4064661


http://www.visajourn..._1#entry4589901


http://www.visajourn..._1#entry4034170


Ouch thats some tough reading. If they decide you're intelligible you're immediately marked as committing material fraud for applying? That should be overturned!
CaryhMalePhilippines2012-06-05 12:00:00
K-3 Spousal Visa Case Filing and Progress Reportschoosing which visa to apply; what to do?
Its not easy getting a tourist visa for someone from the Philippines. But given he has came on a visa and returned on time, his odds will probably go up. If they ask if he has a girlfriend or fiancée in the USA, his odds go way down again. He should never lie to the embassy or immigration. Doing so risks a life time ban. The CR1 visa takes a bit longer, but is cheaper in the long ran than a K-1, and they get a green card right on entry. My wife came on a K-1 has been here over 9 months now and we're still waiting on her green card and we filed for it two months after her arrival.
CaryhMalePhilippines2012-06-27 15:55:00
IMBRA Special TopicsAppealing Denial Decision

I thought by statute, appealing the decision on an AWA waiver request was not even an option. 

 

Thanks, I did search the previous posts.  This is dealing with AWA and an appeal is not likely.  Basically in order to win an appeal and get your petition approved, you need to prove that either 1) you were not convicted of any specified crimes against a minor, and/or 2) you pose NO risk at all to the beneficiary.

 

If you have not been convicted in the past, it should be fairly easy to submit evidence disputing the fact.  However, I don't think that is your situation.  Your only option left would be submitting evidence to prove you are NO risk to your fiancé.  There is a huge difference between LOW risk and NO risk.  You have to prove that you pose NO risk, which that in itself could be very difficult to prove.

 

Here is a case where an AWA case appeal was not successful:  http://www.uscis.gov...013_01D6101.pdf

 

Here is an excerpt:

"The AAO does not dispute the expertise of the mental health professionals who have written letters on the petitioner's behalf and provided their opinions on his risk of reoffending. Their letters and the other relevant evidence in the record indicate that the petitioner has undergone years of therapy, taken substantial steps to rehabilitate and presents a low risk of reoffending. However, the statute requires the petitioner to establish that he poses "no risk" to the beneficiary..."

 

 

 


CaryhMalePhilippines2014-09-18 11:26:00
IMBRA Special TopicsAppealing Denial Decision

 

What was the reason for the denial?

 

A search of the OP's posts would reveal that. He may not want to openly say though.


Edited by Caryh, 18 September 2014 - 08:58 AM.

CaryhMalePhilippines2014-09-18 08:57:00