ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionPernament card issued with an error
QUOTE (jsnearline @ Feb 11 2008, 07:14 PM) <{POST_SNAPBACK}>
I was doing some searching on the USCIS site and found this:

Section 264 of the Immigration and Nationality Act provides that, "Every alien in the United States … shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations...." It also states,
QUOTE
"Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him.... Any alien who fails to comply with [these] provisions shall be guilty of a misdemeanor" and may be subject to fine and/or imprisonment upon each conviction.


http://www.uscis.gov...00045f3d6a1RCRD


So, as much as I don't like the idea of having her carry her green card on her, the law seems pretty clear about it. I'm not sure whether a photocopy would suffice or not.

We went ahead and filed an I-90 citing option 'd' for an incorrect card. We submitted evidence of the error and the correction needed. We then included a letter requesting a waiver of the requirement to return the original card because it was lost/stolen. We also included the mailer the card came in.

I figure it's worth a shot. The worst they can do is reject the application and send it back. We'd just be out the money for postage. The error isn't just on the card, it must be in their system since her conditional card had a similar error on it. Perhaps what we sent will be enough to get it fixed.
diadromous mermaidFemale02008-02-11 19:22:00
Removing Conditions on Residency General DiscussionHELP ON FILING MARRIED BUT SEPERATE TAXES
QUOTE (bailey28 @ Feb 9 2008, 08:21 PM) <{POST_SNAPBACK}>
QUOTE (The Robinsons @ Feb 9 2008, 08:18 PM) <{POST_SNAPBACK}>
It all depends on how you filed last year. If for 2006 you filed seperately then you can either do the same this time or file jointly, the choice is yours. But if you filed jointly last time then you have to do the same this time.



i don't care about paying what we own, i just wanna know if it's matter if we filed married but sperate last time we file jointly


Many people file separately, if it suits their economic circumstances, of course, they might not be trying to show immigration that theirs is a bonafide marriage, However, if you can demonstrate (if asked) that it was for financial reasons that you chose to file as married but separate, then there should be no issue.
diadromous mermaidFemale02008-02-09 21:13:00
Removing Conditions on Residency General DiscussionLate filing
QUOTE (kenwang @ Jan 11 2008, 11:16 AM) <{POST_SNAPBACK}>
QUOTE (sjb1221 @ Jan 11 2008, 10:57 AM) <{POST_SNAPBACK}>
Is okay to be a week or two late filing for the I-751? Will we still get an extension letter?


It's ok. I filed petition almost 2 years after the 2-yr anniversary and just got approved.
Please remember to write a letter to ask for an excuse along with your petition.

Yes, well you were lucky! smile.gif Please remember that acceptance, by USCIS, of an untimely filed I-751 is discretionary.
diadromous mermaidFemale02008-01-11 14:57:00
Removing Conditions on Residency General DiscussionI-751 Denial Please help
QUOTE (TracyTN @ Feb 15 2008, 06:22 PM) <{POST_SNAPBACK}>
QUOTE (MacDeezy @ Feb 13 2008, 10:05 PM) <{POST_SNAPBACK}>
This woman is currently 6 months pregnant with an USC's baby. Anyone know if that changes anything.


Unfortunately, being pregnant changes nothing.


Poor timing too. Is contemplating divorce in August 2007 to the extent that she attempts to file a waiver, and 6 months later is 6 months pregnant. It's a sad situation all around.
diadromous mermaidFemale02008-02-15 18:28:00
Removing Conditions on Residency General DiscussionI-751 Denial Please help
QUOTE (Scapel @ Feb 13 2008, 03:23 PM) <{POST_SNAPBACK}>
Basically the person you're trying to help either has been suspected of some kind of fraud, she did not qualify to receive immigration benefits in the first place, has been dectected to be trying to circumvent the law somehow or most likely the marriage upon which the original petition was based cannot be accepted by the government - but whatever it is, the USCIS is terminating her permanent residence and she is about to be dragged before a judge pending removal from the country.


What BS! She has been denied, because she filed inappropraitely. I have no reason to believe that USCIS thinks her marriage was fraudulent, how can you draw such a conclusion?
diadromous mermaidFemale02008-02-15 17:58:00
Removing Conditions on Residency General DiscussionI-751 Denial Please help
QUOTE (MacDeezy @ Feb 13 2008, 11:05 PM) <{POST_SNAPBACK}>
Thanks for all the replies, to clarify the situation,

She is still married, but in the process to get a divorce. When we filed we filed the I-751 waiver, not jointly. If we get the final divorece decree in a few weeks, can we just send it in to USCIS? This woman is currently 6 months pregnant with an USC's baby. Anyone know if that changes anything. We scheduled a Info pass meeting for friday to get some more information. When we go to the info pass meeting does she have to surrender her green card? She has a really good job here in Las Vegas for a big corp. does this meen that she will be unable to work? Thanks again for reading, and I appreciate all the replys.


She wasn't eligible to file the waiver, since a waiver must be accompanied by a divorce decree. She needs an attorney, pronto.

QUOTE (goldy99 @ Feb 14 2008, 12:23 AM) <{POST_SNAPBACK}>
Weaver cases requires divorce to be finalizedand that is why you case is denied. As its already denied you can't reopen it (you can but its very long process..it involves attorney and lot of money)so the easiest way is once you get the divorce decree in hand you can submit new I-751 right away. If you already got the Notice to Appear (NTA) then you will have hire the attorney anyway and appear in front of the judge. I know its very tricky situation but dont panic, you should be fine. Everything is well which ends well.



Her denial means that she is out of status. She should not work.
diadromous mermaidFemale02008-02-15 17:56:00
Removing Conditions on Residency General DiscussionIs there a way to cancel an I-90?
QUOTE (jsnearline @ Feb 15 2008, 05:27 PM) <{POST_SNAPBACK}>
My wife filed an I-90 after her wallet went missing. Today she found out her wallet was turned in and she got it back with her green card still inside. Is there a way to rescind the I-90?

Withdrawing an Application:
To withdraw or cancel your submitted application, please send a written request to:
National Benefits Center
705 B SE Melody Lane, Box 2000
Lee's Summit, MO 64063
No refunds or returns will be honored in the event of an application cancellation or withdrawal request.
diadromous mermaidFemale02008-02-15 17:29:00
Removing Conditions on Residency General DiscussionMajor RFE, Confused with Lawyer's Opinion
QUOTE (MadeInChina @ Feb 17 2008, 01:00 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Feb 17 2008, 12:24 PM) <{POST_SNAPBACK}>
Well the statutes state that USCIS cannot adjudicate an application that was filed jointly by an alien and a USC spouse if the parties have since divorced. Once USCIS learns this, they will deny that application and you would be placed out of status. You should question this attorney you have consulted. What he or she is suggesting (scenario one) is against the regulations stipulated in the INA. I wouldn't trust this person to handle your case. Typically when a divorce occurs after the couple has filed a joint application, the alien should withdraw the pending application and replace it with a waiver. I suppose you could simply provide the evidence requested in the RFE, but as a precaution, I would also include a new I-751 form, indicating that you are replacing the former with this waiver.


Thanks for ur contribution. I was beginning to think everyone abandoned my case because I refreshed this page every second, and the views were growing and no one contributed.

I plan on meeting with 2 other attornies tommorow and hopefully I'll get some information I'm comfortable with. As regards sending in a waiver with the RFE, doesn't that mean a new application fee and fingerprinting fee? I mean, I don't mind paying those, I just wanted to know if its needed or not.

Once again, I appreciate your contribution..



New fee, yes, but if it is not needed, it might not be used. wink.gif I think it wise to err on the side of precaution. Right now, it looks as if you failed to declare your marriage has terminated and to preempt any further questions as to the legitimacy of your marriage and things of that sort by USCIS, I would think providing the waiver is the best route. Better to show you are aware and following the law, rather than to be told you should.

When meeting with the other attorneys, in order to determine if you feel you can rely on their guidance, you might simply pose a question to them.
"If a couple has submitted a joint application to remove conditions and subsequently divorces, while the case is still pending, does the alien have a responsibility to withdraw that application and replace it with a waiver or can the alien just let USCIS adjudicate the joint petition?" As far as I am concerned, there is only ONE correct answer to that question!
diadromous mermaidFemale02008-02-17 13:11:00
Removing Conditions on Residency General DiscussionMajor RFE, Confused with Lawyer's Opinion
QUOTE (MadeInChina @ Feb 17 2008, 01:03 AM) <{POST_SNAPBACK}>
First of all, sorry i dont have a timeline here and you might not be able to tell where I'm coming from unless I tell a little bit. I got here in the US in 2005 via a K1 visa petitioned by my USC ex-wife. I adjusted my status and got a conditional greencard that just expired this last December. Our marriage was a really bad one, and its been times when wife had threatened me with divorce over and over. She had filed at least three times and we kept making up to see if we could make it work.

I did applied to remove conditions on my residency last october and sent in all the documents I had in my possession. Although we had separated a few times through our marriage, I stillhe kept most of the bills I had in our home. I returned whenever she felt comfortable with seeing me around and left when she gets crazy again.

Now i got an RFE from USCIS requesting more evidence.

The evidence they needed included our divorce decree and a few other common documents like life insurance, lease documents, and so on.

My wife and I read the letter togther, and i was asking her about what and what document we had, and that's when she told me she had the divorce decree. That was a shock because i never knew we were divorced. I knew we had problems and knew she filed for divorce. While the divorce proceedings was going on, we still were intimate and were working on getting our marriage working again. I never had a divorce before, but shouldn't both parties be present? I went to the city building and found out we were really divorced and what I got from my wife, now ex-wife, was actually the divorce decree; all written in her handwriting and a Judge's stamp. I declared that wasn't fair because I needed to have at least been a part of it. Then they told me our State in the US is a 'No-Fault State', implying only her could go through the divorce without my presence in court.

With all this rage boiling in me, I dashed in an immigration attorney's office to see how that affects my case. We jointly filed my I-751 petition in October and divorce was finalized in November last year. Her opinion was really confusing. She admitted I'm in a bad situation, and gave two options. One is to send in all the requested documents omitting the divorce decree ( that means still claiming we're still married ), and the second is to cancel the present petition and send in one with a waiver as our divorce is finalized already.He says the first is risky but could get me my greencard within 2-3 months if they're convinced, and the waiver option could delay my greencard for 3 to 4 years. I don't want to be kept hanging for that long, and thought anyone here could give some advice.



Well the statutes state that USCIS cannot adjudicate an application that was filed jointly by an alien and a USC spouse if the parties have since divorced. Once USCIS learns this, they will deny that application and you would be placed out of status. You should question this attorney you have consulted. What he or she is suggesting (scenario one) is against the regulations stipulated in the INA. I wouldn't trust this person to handle your case. Typically when a divorce occurs after the couple has filed a joint application, the alien should withdraw the pending application and replace it with a waiver. I suppose you could simply provide the evidence requested in the RFE, but as a precaution, I would also include a new I-751 form, indicating that you are replacing the former with this waiver.
diadromous mermaidFemale02008-02-17 12:24:00
Removing Conditions on Residency General DiscussionK2 - ROC
QUOTE (perfect @ Feb 19 2008, 06:54 PM) <{POST_SNAPBACK}>
Yes that's the rule, but the boxes he can choose from to check on the petition don't seem to allow for that scenario.

It asks whether he is either the one married, which he isn't or a child who entered as a PR who is filing separately which he didn't. He entered on as K2 and then adjusted to PR.

All the other possible choices relate to marriages ending for some reason, so none of those are correct either.

I thought I had this whole thing sussed, but now I'm not sure which one to check. Don't want it sent back or rejected and have to re-file, but it doesn't seem to make sense on the form itself.


His PR is conditioned upon his mother's PR. But it is clear that he must file alone and is unable to file jointly with his mother due to the fact that his AOS was not approved within 90 days of his mother.

Heehee, I guess these forms are not as accurate as they should be, but as far as your question is concerned, I am sure he would tick "b"

QUOTE
I am a child who entered as a conditional permanent resident and I am unable to be included
in a joint petition to remove the conditional basis of are(note the typographical error!) alien's permanent residence (Form
1-751) filed by my parent(s).

diadromous mermaidFemale02008-02-19 18:58:00
Removing Conditions on Residency General DiscussionK2 - ROC
You would check Part 2 "b"
diadromous mermaidFemale02008-02-19 18:54:00
Removing Conditions on Residency General DiscussionK2 - ROC
QUOTE (perfect @ Feb 19 2008, 06:39 PM) <{POST_SNAPBACK}>
My son followed to join on K2 more than 90 days after I arrived on K1 (9 months after), so our dates for ROC are more than 90 days apart which means that he has to file I-175 separately.

However, now the time has come to file his ROC and I am confused about which box he should check. Obviously (or maybe not!) he doesn't check the "married box" as it wasn't him who got married. But then the other box he could check isn't applicable either as it states if the child entered as a "PR" which he didn't, he entered as a K2 and had to adjust status to become a PR.

Which box should he be checking to avoid it being sent back?

Thanks

I believe the rule is that the alien (K2) must send a separate I-751 if he adjusted status more than 90 days after the K1. Is that the case?
diadromous mermaidFemale02008-02-19 18:49:00
Removing Conditions on Residency General DiscussionWhat happens when extension NOA expires?
QUOTE (Cassie @ Feb 19 2008, 07:07 PM) <{POST_SNAPBACK}>
QUOTE (iansig40 @ Feb 19 2008, 06:09 PM) <{POST_SNAPBACK}>
QUOTE (Aussielad @ Feb 19 2008, 01:45 PM) <{POST_SNAPBACK}>
QUOTE (cal @ Feb 16 2008, 07:35 PM) <{POST_SNAPBACK}>
Am I obliged to make an infopass appointment to get my passport stamped with another extension to my greencard? I am planning on travelling but not until May (fingers crossed my 10 yr is here by then). This is such #######!




If you are eligable for citizenship and that is what you want, what you should do, is send the N-400, which will push adjudication of the I-751 if it already hasn't been adjudicated.


These is unbelievable, you guys never going to give up with this N-400 quick fix for I-759 application



When will you realize that this isn't a quick fix? It is just the next thing in line of this process.


It isn't a quick fix, but it will spur a lagging application. Of course, the alternative quick fix is to leave things as they are and just practice patience. smile.gif
diadromous mermaidFemale02008-02-19 19:13:00
Removing Conditions on Residency General DiscussionWhat happens when extension NOA expires?
QUOTE (Darryl76 @ Feb 18 2008, 08:04 PM) <{POST_SNAPBACK}>
The question that really needs to be addressed is, "Do you become out of status, if you don't have your passport stamped, and your GC and NOA are expired?"

As far as proving your legal status here in US, for employment or any other purpose, is this required?

How long does it take to complete the infopass, for example if I wanted to get an infopass ASAP, would that be within a week, or are we talking about a month?

Any response is appreciated.


Having a petition or application pending, an alien is not rendered "out of status". An alien becomes "out of status" if he or she has a petition or application that has either been denied, or if he or she fails to apply for some sort of adjustment before a stated deadline. In the scenario you pose above, the alien's status is still one of a permanent resident but without a document to demonstrate that status.
diadromous mermaidFemale02008-02-19 18:02:00
Removing Conditions on Residency General DiscussionWhat happens when extension NOA expires?
QUOTE (ives_damian @ Feb 17 2008, 06:42 PM) <{POST_SNAPBACK}>
what happens if you don't get another stamp?? are you then out of status??? and what if you apply for citizenship??? does that extend your "green card"???

see other thread
diadromous mermaidFemale02008-02-17 18:51:00
Removing Conditions on Residency General Discussion10 year GC question and citizenship
QUOTE (sxdx79 @ Feb 19 2008, 05:27 PM) <{POST_SNAPBACK}>
I have been reading a lot here about the delays when filing for the 10 year GC. If you file to lift conditions and more then 1 years passes you can get an extension right? While you have the extension, and before you get the GC in hand let's say your 3 year anniversary of being a legal permanent resident passes. Are you able to at that time apply for citizenship? This would mean then you have 2 applications with uscis. Is this allowed?

Just curious if this is happening to anyone here.

also processing times are about 11 months for the VSC, has anyone received their card sooner than that?

thanks

Many aliens have found themselves at a point where they've become eligible to apply for Naturalisation, but their I-751 to remove conditions is still pending adjudication. Oftentimes, if the N-400 is scheduled to come to interview, and still the I-751 has not yet been adjudicated, the alien will appear for the Naturalisation interview, but prior to conducting it, USCIS's AO will decide the removal of conditions first. Both will be adjudicated at one time.
diadromous mermaidFemale02008-02-19 17:55:00
Removing Conditions on Residency General DiscussionDWI and applying to Remove Conditions
QUOTE (brito @ Feb 20 2008, 06:09 PM) <{POST_SNAPBACK}>
My husband got a DWI in November. He finally had a court date today. We need to apply to Remove Conditions to his Permanent Residence soon (expires in March).

My question: what do we submit with our I-751 re: his criminal conviction?

On the instructions for the I-751 it states:

"If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit:
2. An original or court-certified copy of the complete arrest record and/or disposition for each incident, (e.g. dismissal order, conviction record or acquittal order).
If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit:
1. An original or court-certified copy of your sentencing record for each incident, and evidence that you completed your sentence, specifically;
A. An original or certified copy of your probation or parole record,
or B. Evidence that you completed an alternative sentencing program, or rehabilitative program...."

The problem: we have the complete arrest and sentencing records, but obviously we don't have evidence that he completed his sentence since he hasn't done it yet (it took over 3 months to even get a first hearing in court wacko.gif ). Luckily, it was a first offense, so his sentence is minimal (4 days community service and 1 day DWI class). He will be done with that stuff in 2 weeks. The real hurdle is probation.

If I submit what we have now, will we get an RFE for evidence that he has completed his sentence? Unfortunately, that would mean waiting until his probation is finished (possibly a long time). Will the DWI conviction cause any other problems that anyone knows about? I did some extensive searches for info about this and came up with very little. I imagine that our case will get some additional scrutiny, but I believe that our Removing Conditions case is quite strong.

The lawyer for my husband's DWI case said that the conviction would not be a barrier to his immigration case, but he said it may delay his Removing Conditions until everything is 100% resolved in the courts.

Maybe we should consult an immigration attorney, but I'm not sure if that would help anything.

Anyone have any insight?



Supply the evidence of sentencing of the incident, and then a written explanation noting that sentencing occured recently, that the alien is to perform "X, Y, Z" and that no records of completion of his sentence are available currently, but can be supplied at a later date.
diadromous mermaidFemale02008-02-20 20:20:00
Removing Conditions on Residency General DiscussionUpgrade from CR1 to IR1 before the 2 years is up?
QUOTE (FutureAmerican @ Feb 16 2008, 07:34 PM) <{POST_SNAPBACK}>
Hi all,

I was wondering if it's at all possible to upgrade from a CR1 to an IR1 before the CR1 expires? My wife and I were married on August 17th 2006, and I got my CR1 in July 2007, emigrated September 2007. Our 2 year wedding anniversary will be this year, and I would really like to upgrade to an IR1 if at all possible, as opposed to waiting until 2009, because it would help IMMENSELY with my job/career choice - in particular I would love to enlist in the USAF but they require it to be an IR1, no exceptions, whereas every single other branch accepts CR1 holders to enlist. Also, various civilian jobs which I applied for e.g. Crime Analyst/CSI in Vegas Police Department also require green card holders to be on an IR1 rather than a CR1.

My wife and I have even considered moving back to England, and then re-filing for an IR1 from there after our 2 year anniversary passes, because it's so frustrating right now with jobs. At the end of the day, if it's not an option, then I'll enlist in another branch of the military e.g. Coast guard or Army, but the Air Force has always been my dream and it's really annoying that they're the only branch which requires it (I spoke to an Air Force recruiter to check if it was something I could get a waiver for, but unfort there's no way they can help me - even though I intend to apply for US Citizenship ASAP through the expedited route the military offers (I'll be able to get it 2-4 months after completing Boot Camp). Apparantely the reasoning behind the requirement is that they are concerned that the CR1 holders may "forget" to apply for lifting of conditions while in the service and so fall out of legal status, which is total bull IMHO as the majority of green card holders who enlist are planning on getting their Citizenship ASAP, and so wouldn't even need to worry about applying for lifting of conditions.

Anyhow, thankyou to all for any advice or opinions - even if it's just to confirm that I'd have to wait until 2009 to lift conditions, as I just want to make sure the USAF/Vegas PD is totally out until 2009, before I go and enlist in another branch.

Alex.


Unfortunately, *you* don't have that option, you are awarded C R-1 status at the time you are approved because the marriage was less than 2 years and that is statutory language in the INA.
diadromous mermaidFemale02008-02-16 20:00:00
Removing Conditions on Residency General Discussionlos angeles office CR removal
QUOTE (LOU310 @ Feb 24 2008, 03:02 AM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Feb 23 2008, 07:19 PM) <{POST_SNAPBACK}>
QUOTE (LOU310 @ Feb 23 2008, 12:50 PM) <{POST_SNAPBACK}>
not at the time I filed but we got divorced in october 07 in California it takes 6 month so I be officially divorced April 08.







QUOTE (diadromous mermaid @ Feb 23 2008, 04:29 AM) <{POST_SNAPBACK}>
QUOTE (LOU310 @ Feb 22 2008, 11:04 PM) <{POST_SNAPBACK}>
no filed alone, I would have waited until the last 90 days to file if we were together.

So that I get this straight, you self-petitioned but are only separated and not divorced?



Odd. So you were advised by a lawyer to submit the I-751 as a self-petitioner without a divorce decree and even though you were not eligible to file alone, and you filed as if your divorce had been finalised (you did not await 90 days prior to the expiry date of the GC, if I am reading your information correctly, yet there was no divorce. At least not then. In point of fact, you had time to get the divorce finalised prior to the deadline anyway. Very odd.



yeah actually I didnt have any problem to file and they accepeted my case, it might be odd but it worked out exactly as my lawyer predicted, I just wanted to know how fast does LA office work, as my case has been transfered to them to schedule an interview.


I don't wish to cause you concern, but until a case is adjudicated in your favour, *anything* can occur. Of course, I have no way of knowing from an interview notice, nor can I predict what an AO might decide or if he or she will operate strictly according to the regulations or not, but since you are being called to an interview, should the AO determine that you were ineligible to self-petition at the time that you did (and you were), you will be there to be able to present your explanation. Have your divorce decree with you so that should the AO determine that you were not eligible to file the waiver, you can at least present the decree. Maybe he or she would then adjudicate the case, rather than suggest that you start all over.
diadromous mermaidFemale02008-02-24 17:37:00
Removing Conditions on Residency General Discussionlos angeles office CR removal
QUOTE (LOU310 @ Feb 23 2008, 12:50 PM) <{POST_SNAPBACK}>
not at the time I filed but we got divorced in october 07 in California it takes 6 month so I be officially divorced April 08.







QUOTE (diadromous mermaid @ Feb 23 2008, 04:29 AM) <{POST_SNAPBACK}>
QUOTE (LOU310 @ Feb 22 2008, 11:04 PM) <{POST_SNAPBACK}>
no filed alone, I would have waited until the last 90 days to file if we were together.

So that I get this straight, you self-petitioned but are only separated and not divorced?



Odd. So you were advised by a lawyer to submit the I-751 as a self-petitioner without a divorce decree and even though you were not eligible to file alone, and you filed as if your divorce had been finalised (you did not await 90 days prior to the expiry date of the GC, if I am reading your information correctly, yet there was no divorce. At least not then. In point of fact, you had time to get the divorce finalised prior to the deadline anyway. Very odd.
diadromous mermaidFemale02008-02-23 22:19:00
Removing Conditions on Residency General Discussionlos angeles office CR removal
QUOTE (LOU310 @ Feb 22 2008, 11:04 PM) <{POST_SNAPBACK}>
no filed alone, I would have waited until the last 90 days to file if we were together.

So that I get this straight, you self-petitioned but are only separated and not divorced?
diadromous mermaidFemale02008-02-23 07:29:00
Removing Conditions on Residency General Discussionlos angeles office CR removal
QUOTE (LOU310 @ Feb 22 2008, 10:54 PM) <{POST_SNAPBACK}>
Hey, thanks to all of you who show love and support on here, I would like to know if any one here had to deal(or knows somebody who dealt) with the USCIS Los Angeles Office 300 North Los Angeles Street, Los Angeles, CA 90012, just received a mail (Feb 08) saying that my case has been sent to the Los Angeles office and they will write to me to come for an interview, are they fast to process and schedule for interview? it's been a year now is that possible to take up until 2 years with the NOA 1 yr extension ? I know the process time is different from an office to another and of course from a case to another case, so I would be interested to know any information(process time, interview questions etc) or personnal experiences related to this office,
based on my lawyer advice we filed I-751 Feb 07 for good faith marriage as we are separated since January 07, CR expires end of March 08, NOA 1 year extension April 07(1 yr kicks in after 03/08) biometric done May 07, last mail received Feb 08.

thank you so much !

Lou


You filed together in February 07 and are still separated?
diadromous mermaidFemale02008-02-22 22:58:00
Removing Conditions on Residency General DiscussionConfusing conversation with USCIS re:NSC
QUOTE (winterpassing @ Feb 15 2008, 04:11 PM) <{POST_SNAPBACK}>
I just called the USCIS "mis-information"-line to inquire about my year-old I-751 application filed at the lovely NSC. After taking all my information the USCIS representative told me that my case was definitely out of the time range by as much as 180 days. I was dumbfounded of course and said the current priority date for NSC is Feb 10th 2007 so how can I be out by 180 days. He then said NSC is currently processing applications filed in Aug 2007 and that the 02/07 date just shows "when visas become available" or something of that sort. He put in a service request for my case and said an immigration officer should have it by 03/16. I was also advised to make an infopass appointment to get a stamp in my passport (extension expires 04/08).

What he said does not sound right to me. What do you guys think? I didn't want to argue with him because he sounded a bit stressed but the whole time I'm thinking "What the heck is this guy talking about?".


I agree, the customer service person was befuddled. If you have an NOA that extends the expiry date of your GC until April 2008, you are not out of the time range. USCIS anticipates that it could take up to 12 months, ergo the extension letter. If you do not see something by mid-March I'd get an INFOPASS and see what's up.
diadromous mermaidFemale02008-02-15 16:53:00
Removing Conditions on Residency General DiscussionADVICE ANYONE? I COULD USE SOME...
QUOTE (CHARM3D @ Feb 25 2008, 07:33 PM) <{POST_SNAPBACK}>
I came to this country in January of 2005 to visit my father; a week latter at a party with friends of the family I met my husband; he was a very shy, but very sweet person and we became inseparable and started dating.
Although I was here only to visit, he soon started asking me to stay and asked me to marry him. I was surprised but I said yes and I was the happiest woman alive! It is after all every girl’s dream.
We didn’t have much going for us as I soon was to discover; he didn’t have a job and suffered from social anxiety disorder, but I believed in his promises about change and about being willing to do everything necessary to build a better life for us; and so we began preparing for the wedding. It was a simple ceremony in April, but beautiful and full of meaning, our family’s where present, my mother flew in from Portugal and so family and friends came together to celebrate our union. He didn’t have any money, so my family and I pulled together and we paid for the wedding. I wasn’t thrilled with the situation but I thought it would all soon fall into place and love would conquer all.
Soon after the wedding I began to realize that it wasn’t going to be easy at all to live with him. The day after our wedding he took of and left me at my family’s house and went to a friend’s house without me.
I had to take care of all contacts to find us an apartment and take care of bills, etc. because of his illness; he would not go into public places “because there where to many people there” and so I had the burden of taking care of all daily situations and all related immigration process that was necessary.
We rented a small apartment and started our lives together.
It was a long process, with him in and out of jobs, going to court for DUI and loosing his license, and me waiting for a work permit to be able to start working. Meanwhile I had to count on the support of my father and my family to keep us at float.
We would have altercations every time he had to go to a job interview or some place public or when we needed to discuss something important that needed to be taken care of because he would get very agitated and verbally abusive and would end up hurting my feelings and leaving. All his money would be spent on liquor and cigarettes and financially I could never depend on him. I wanted us to have a joint bank account but when we went to the local bank to open one, they informed us that it wasn’t possible for him to open an account because he had an outstanding negative balance on a previous account from over one year ago (prior to our marriage) because of a bounced check, that he had never taken care of. I was mortified and embarrassed by this situation and from there on handled all financial matters myself, in fear of discovering any other problems from his past; life was already difficult enough.
But I was determined to be supportive and to help him turn his life around, so we could have our life from there on. And with a lot of patience I kept trying to build a better life for us. I tried to convince him to go get help for his problems but he would again get very angry with me and verbally abusive and never got the evaluation or help he needed. And unfortunately, his behavior never changed, and after 13 long moths of marriage I left him. Sad, brokenhearted, exhausted and with no choice but to try a life on my own.
I had sold all that I owned in Portugal to be able to support us here, so going back was not an option, because honestly I didn’t even have money for the plane ticket.
Once again I relied on my family and moved to New Hampshire closer to a city, to have more opportunities of work.
And I have lived and worked in NH ever since.
I worked as a waitress for most of the time and then I got a part time job as a Portuguese interpreter with a local agency.
A few months ago I got into a car accident, someone hit my car from behind, I was not at fault but I injured my back and I am currently undergoing treatment.
I had to leave my job as a server because of it and today I am only working as an interpreter and translator.
I work on District and Superior Courts, Jails, Public Defenders Offices, Police Departments, Hospitals, Clinics and private businesses.
I have managed to build a good name for myself and the agency I represent and love being involved in helping my community. I am also in training for legal and medical interpretation to improve my skills and my performance as a professional.
I have translated a Domestic Violence brochure for a local Police Department donating half of the total cost of it.
I pay my taxes and have never asked for help from the government to pay any of my expenses.
I never had any problems with the law, in any area.

I am filling for divorce from my husband now; I have not done it sooner because I didn’t have money. Money has always been tight for me, living alone and having to pay for every expense on my own.

In one month I have to apply to remove the conditions on my green card and I want this affidavit to be part of my application so I can explain my story and what happened and why my marriage ended. Also to explain why I deserve to stay in this country, because I am a hard working and law respecting person and I am involved in the community and I pay all my taxes. And I like my life here and I have worked so hard to get to where I am at right now, I would love to be able to stay and follow all the possibilities my future holds.
And believe me, I tried, but a marriage cannot work when only one side is interested in making it succeed and the other wants to continue as a single person and is ill and refuses to get help and treatment. I have heard that my husband has been arrested again for DUI since we separated.

DOES ANYONE HAVE ANY ADVICE OR HAS HAD A SIMILAR EXPERIENCE?
CAN YOU HELP ME PLEASE?
THANK YOU SO MUCH. good.gif



You can remove the conditions on your permanent residence by supplying Form I-751, with "d" marked - self-petitioning after a bond fide marriage terminated in divorce. But you must have the divorce decree already in order to do that. Naturally, success is related to how much evidence you have that can demonstrate that you and your husband commingled your lives and finances from the period after marriage and during the time you were living with your husband. Good luck.
diadromous mermaidFemale02008-02-25 19:56:00
Removing Conditions on Residency General Discussionwhat should i do?
QUOTE (mr.brice @ Feb 28 2008, 08:21 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Feb 28 2008, 11:36 AM) <{POST_SNAPBACK}>
QUOTE (mr.brice @ Feb 27 2008, 11:52 PM) <{POST_SNAPBACK}>
QUOTE (mr.brice @ Feb 27 2008, 09:29 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Feb 27 2008, 07:45 PM) <{POST_SNAPBACK}>
QUOTE (mr.brice @ Feb 27 2008, 07:39 PM) <{POST_SNAPBACK}>
a great man may be able to deal with any situations, but a terrible woman will always come out the victor. sad.gif so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.



As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.



sorry...what does adjudicate mean? is this what happens when applying for i751?


never mind, i figured it out. love english dictionaries! smile.gif how easy is it to "withdraw and replace"? what's the process of doing that if anyone knows? sorry to ask so many questions, but i can not find these answers online.

and another answer i can't find is about the affidavit of support. it says she is still obligated to me, but what does that mean? is that like alimony, or spousal support?



Very easy. It simply requires a cover letter with the waiver form I-751, explaining that the initial joint petition (include copies of any correspondence/actions that you received on the initial application) is no longer valid as you have since finalised a divorce, and include a copy of all of the documentation you supplied with the initial application and a copy of the divorce decree, and new FEE!

If the marriage is bona fide, but ending in divorce, the sponsor (your spouse) is still bound by the terms of his/her obligation to the government to be responsible for any mean-stested benefits you are granted before you become eligible. It says nothing of spousal support, alimony.....


what does it mean to be bound by the terms and obligated to the government? not obligated to me? and what are mean-stested (means-tested?) benefits?


The sponsor's agreement is with the US government. The sponsor is not bound to support you with monetary resources, specifically. Those details would be determined by a family court in a divorce action, if any support were determined necessary. Federal means-tested benefits, which are specific programmes that use an income test for eligibility, are not available to aliens within their first 5 years of PR. Should an alien secure those benefits, during those first 5 years, the Affidavit executed by the sponsor binds him or her to the obligation to repay agencies for the cost of those benefits, if the agency so desires.
diadromous mermaidFemale02008-02-28 21:44:00
Removing Conditions on Residency General Discussionwhat should i do?
QUOTE (mr.brice @ Feb 27 2008, 11:52 PM) <{POST_SNAPBACK}>
QUOTE (mr.brice @ Feb 27 2008, 09:29 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Feb 27 2008, 07:45 PM) <{POST_SNAPBACK}>
QUOTE (mr.brice @ Feb 27 2008, 07:39 PM) <{POST_SNAPBACK}>
a great man may be able to deal with any situations, but a terrible woman will always come out the victor. sad.gif so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.



As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.



sorry...what does adjudicate mean? is this what happens when applying for i751?


never mind, i figured it out. love english dictionaries! smile.gif how easy is it to "withdraw and replace"? what's the process of doing that if anyone knows? sorry to ask so many questions, but i can not find these answers online.

and another answer i can't find is about the affidavit of support. it says she is still obligated to me, but what does that mean? is that like alimony, or spousal support?



Very easy. It simply requires a cover letter with the waiver form I-751, explaining that the initial joint petition (include copies of any correspondence/actions that you received on the initial application) is no longer valid as you have since finalised a divorce, and include a copy of all of the documentation you supplied with the initial application and a copy of the divorce decree, and new FEE!

If the marriage is bona fide, but ending in divorce, the sponsor (your spouse) is still bound by the terms of his/her obligation to the government to be responsible for any mean-stested benefits you are granted before you become eligible. It says nothing of spousal support, alimony.....
diadromous mermaidFemale02008-02-28 11:36:00
Removing Conditions on Residency General Discussionwhat should i do?
QUOTE (mr.brice @ Feb 27 2008, 07:39 PM) <{POST_SNAPBACK}>
a great man may be able to deal with any situations, but a terrible woman will always come out the victor. sad.gif so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.



As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.
diadromous mermaidFemale02008-02-27 19:45:00
Removing Conditions on Residency General Discussionwhat should i do?
QUOTE (YuAndDan @ Feb 27 2008, 06:25 PM) <{POST_SNAPBACK}>
If divorce happens while I-751 is being processed the chances of approval is much better.

wacko.gif If divorce happens while I-751 is being processed, denial will result! The alien must withdraw a jointly-filed petition once the qualifying marriage through which PR was conferred is legally terminated, and replace it with a waiver accompanied by a divorce decree.
diadromous mermaidFemale02008-02-27 19:43:00
Removing Conditions on Residency General Discussionfood stamps
Are there any exceptions for sponsors?
QUOTE
Final regulations published by FNS on November 21, 2000 (65 FR 70169) clarified that a
State agency cannot request reimbursement from the sponsor during any period of time
that the sponsor receives food stamps. If a sponsor subsequently stops receiving food
stamps, the sponsor is still not liable for benefits issued to the sponsored immigrant
during the period of time the sponsor received food stamps.

diadromous mermaidFemale02008-03-01 14:14:00
Removing Conditions on Residency General DiscussionHow late can you file for removal of CR?

One does not have to be in the USA to file an I-751.

You know that both husband & wife must sign.


If it's a jointly filed I-751, yes. However, if both the USC and the alien are out of the country together, no problem. If the alien is outside the country and the US citizen is not, what prohibits the US citizen from signing the form, mailing it to the alien and he or she submits it overseas? I don't see that as a hitch in todays age with expedient forms of mailing.
diadromous mermaidFemale02007-02-26 13:08:00
Removing Conditions on Residency General DiscussionHow late can you file for removal of CR?

One does not have to be in the USA to file an I-751.

You know that both husband & wife must sign.


If it's a jointly filed I-751, yes. However, if both the USC and the alien are out of the country together, no problem. If the alien is outside the country and the US citizen is not, what prohibits the US citizen from signing the form, mailing it to the alien and he or she submits it overseas? I don't see that as a hitch in todays age with expedient forms of mailing.
diadromous mermaidFemale02007-02-26 13:08:00
Removing Conditions on Residency General DiscussionHow late can you file for removal of CR?

One does not have to be in the USA to file an I-751.

You know that both husband & wife must sign.


If it's a jointly filed I-751, yes. However, if both the USC and the alien are out of the country together, no problem. If the alien is outside the country and the US citizen is not, what prohibits the US citizen from signing the form, mailing it to the alien and he or she submits it overseas? I don't see that as a hitch in todays age with expedient forms of mailing.
diadromous mermaidFemale02007-02-26 13:08:00
Removing Conditions on Residency General DiscussionHow late can you file for removal of CR?

One does not have to be in the USA to file an I-751.


so if we will have all the papers ready to send, but we would be outside US, we can have my mother inlaw send them? that'd be SWEET!!


Yes, but if called for an interview, you'd both need to attend. And, of course, you'd need to KNOW if called for an interview or if more information were requested, or even IF the application to Remove Conditions was ever received AND to retrieve the NOA extending status while the I=751 was being adjudicated. Or else, re-entry to the US could be complicated. Better have MIL monitor the mail and send it Delivery Confirmed and forward anything to you.

Edited by diadromous mermaid, 24 February 2007 - 06:01 PM.

diadromous mermaidFemale02007-02-24 18:00:00
Removing Conditions on Residency General DiscussionHow late can you file for removal of CR?

I have read that the application for removal of conditional residence has to be filed within a 90-day window prior to the expiry of the conditional residence green card. Most folks here seem to be filing their applications as soon as this window opens up. My situation is that my wife is overseas and will not be back in the US until about a month before the expiry of her temporary green card.

So, my questions are as follows:

1. how late can we reasonably file for removal of conditional residence (to the Vermont Service Center)?
2. how quick is VSC in processing these cases?
3. given that we now have an adorable baby from our marriage, how elaborate do we need to be in documenting to USCIS that this is not a fake marriage?
4. what are the restrictions, if any, on travel for my wife from and to the US once she applies for the removal of the conditional residence status and while the application is pending adjudication?

I would appreciate your responses/experiences relative to the above questions. Thank you.

yaatri



One does not have to be in the USA to file an I-751.
diadromous mermaidFemale02007-02-01 07:30:00
Removing Conditions on Residency General Discussiona couple I know asked for interview

Hi

I know of a couple who filled the petition...and they sent in both names the following:
car insurance , health insurance, bank account statements , tax returns
AAA membership , Vacation itinerary and photos .... It looked like enough evidence...don't you think????


It depends upon the timeframe that the above information covers. This is a removal of conditions submission, and the USCIS is looking for evidence of a sustained marital relationship. If the couple simply sent information that related to the period prior to AOS, no matter how comprehensive it was, it wouldn't sufficiently demonstrate what needs to be demonstrated :)
diadromous mermaidFemale02007-02-24 18:08:00
Removing Conditions on Residency General DiscussionRemoval of condition I-751

She'll need to get good evidence (in English or translated to English) on the medical condition and the affidavit of the husband, at a minimum.


I'm still curious as to the husband's status abraod. Is it permanent? Is he filing tax returns as a resident? Is she listed on the tax returns? There's not enough information offered to know whether this will be an issue or not.

However, if scheduled for an interview, I doubt an affidavit would do her much good. What's best is to review the evidence she has and try to compile a well-documented submission so that she's not called for an interview based on something being insufficient.
diadromous mermaidFemale02007-02-22 15:54:00
Removing Conditions on Residency General DiscussionRemoval of condition I-751

I have a friend from Peru who is married to a USC and they have two kids together. She lives here in the US with her children and her Husband (the USC) lives in Lima. He is unable to travel due a medical condition. Her green card is about to expire as a Conditional Resident. If she files the ROC I-75, She doesn't have enough Initial Evidence except of cource the two kids, but all her residence and banking info is only in her name. What other option would she have if requested to have an interview. I'm just thinking of other information that she could submitt to prevent a denial of the The green card.


Why does the USC husband live in Pero? Is he there for business purposes? If so, I don't find their situation all that uncommon. There are many people that have to reside apart for one reason or another. Is the US home the one he considers is his permanent address?
diadromous mermaidFemale02007-02-21 20:21:00
Removing Conditions on Residency General DiscussionEmployment Authorization Status while waiting for Permanent Green Card

Hi All,

This may be a silly question but please humor me :-).

I will be applying for removal of conditions on my conditional green card in march 2007 since by permanent green card expires in June. I have heard that getting the permanent green card may take anywhere between a few months to a year or so. I would like to know how that affects my employment authorization status during that period since my work permit would expire at the same time as the conditional green card.

Any information would be appreciated.

Regards,

Go Bucks

Permanent residency (whether conditional or not) confers authorised work. No need for an EAD once the green card is acquired. The NOA you receive from USCIS once the I-751 is filed extends the validity period of the expiring green card, and therefore offers the alien proof of PR status.
diadromous mermaidFemale02007-02-11 16:06:00
Removing Conditions on Residency General DiscussionRisk of losing job if I don't get either extension or the 10 yr GC

It is also very important for you to understand the XXX Office of Personnel Management (OPM) will not accept an I-797 Notice of Action. The OPM wants the renewed or new document with the current expiration date. (...)



Hi---Stop right there!

Turns out that many HR departments use an automated software (at CIS' recommendation) to help them remember when someone work authorization is expiring.

YOURS IS NOT EXPIRING! :)


HR is not only not required to reverify your work auth, they are PROHIBITED from doing so IF you presented a Green Card (of any flavor) as your I-9 document.


Her problem seems different. In question is not her work authorization (the I-797 NOA would be enough for that) but her status as US person with regards to export control. My department for example, has decided not to hire any Foreign Nationals (=non-US persons) anymore, because the hassle would be enormous - for each staff meeting, you have to decide if something export controlled is coming up and, if it is so, ask the export control officer for permission to discuss it. Otherwise, the Foreign National has to leave the room. Worse, in certain buildings, Foreign Nationals have to be escorted everywhere, even to the bathroom.

She should ask HR what they WOULD accept (if not an I-797 NOA), maybe a stamp in the passport, or maybe she has to quit working there until the actual Green Card arrives, which could take six months.


I-797s are issued as NOAs at various stages, no?
diadromous mermaidFemale02007-04-20 06:53:00
Removing Conditions on Residency General DiscussionRequest for Evidence

2. Actual bank statements for the past 12 months indicating you and your spouse as joint account holders. Each statement must show the account's balance and transaction history.


My wife and do not have joint bank accounts and never have had. Also, my wife owned her house before we met, so all of the mortgage documents/property tax docs etc are all in her name.

Nothing much to add except that the way you present information can fill in some 'gaps" that USCIS may be seeing. You say that you don't maintain a joint checking account, yet each of you pay bills. In essence, USCIS is looking to see that a couple share financial responsibilities and benefits and they live in the same property. If you paid some bills and she paid others, purportedly from individual checking accounts, or even from one checking account, then organise your evidence to show that this was still a sharing of financial responsibility. Since USCIS want to see transaction history for bank accounts, I'd recommend selecting a handful of transactions that are denoted on random statements, find the corresponding bill that relates to the checks issued (hopefully those bills feature either both of your names, or the shared address at least) and tie the remittances with the bills. This should show that the bills were either generated jointly or that if individual, you both took responsibility for them.

A picture can be painted clearly, if these items are packaged together, to show how you manage your financial obligations.

Example:
Doyle has a gym membership at XYZ club, billed monthly at $50.00. The bills goes to Doyle and Mrs. Doyle's residence. Mrs. Doyle paid the March 2004 bill from her checking account, the June 2004 bill was paid by Doyle from his checking account, or Doyle paid the June bill from Mrs. Doyle's account, for which he is an additional signatory.

A bill for Internet service at Doyle's joint residence (featured on the bill) is paid for by Doyle each month. The bill for auto insurance on Mr. & Mrs. Doyles autos, alse featuring the shared residence on it, is paid for by Mrs. Doyle from her individual checking account.
diadromous mermaidFemale02007-04-04 07:03:00