Forum	Title	Content	Member	Sex	Country	Date/Time
Removing Conditions on Residency General Discussion	the I-751 filing dates, 90 days period	This one has red flags all over it. Why do people feel the need to use this expression? There are no immigration red flags that I can see, of course, that doesn't mean that there might not be cause to look into a spouse's activity and determine if there are underlying activities that might be cause for concern in the marriage. Not only should you stop worrying about this individual's Permanent Green Card, you should divorce him immediately. The OP IS the Alien, the OP's husband is the US citizen! And suggesting divorce before identifying the cause of the problem is hasty and unfounded, in my opinion. He shows absolutely no respect for you, and gets you involved in a fraudualent situation without an apparent care. (And here you are on this board worrying about him.) I encourage you to check your credit report. He may have gotten credit cards that you don't know about. Not likely. The OP said she added him to hers, because of his lacklustre credit. He may have been a "fine person" at one time, but in my life experience, fine people don't steal $3000, show a total disrespect and disregard for the process, and involve their spouse in criminal activities. (yes, you are responsible for that account because your name is on it too) And the thing is, you can't take your name off of that account until it gets out of the negative. If he does get arrested, my guess is that he can kiss his Green Card good-bye because one of the questions they ask on it is "have you been arrested?". He can always lie though, which he appears to not have an issue with. He is not the immigrant, once again, and admitting that one has been arrested does not automatically result in a revocation of a green card. = Edited by diadromous mermaid, 19 August 2006 - 08:35 AM.	diadromous mermaid	Female	0	2006-08-19 08:33:00
Removing Conditions on Residency General Discussion	Joint Tax Returns & I-751	Hello, we're submitting all paperwork for my husband's I-751 tomorrow! We have two tax returns to submit, and I'd love to know if we have to give the INS each return in its entirety, or will the top two pages of the 1040 (Questions 1-75) suffice? Or something else? Didn't realize the tax returns were so hefty. Plus, if we don't have to submit all that personal information, that'd be sweet. They've got enough, I'd think! Thanks very much in advance! Jackie HI! Two pages will be fine and thats what we've sent too and i was approved. Best Wishes. sincerely. Sweetgirl, What works for one does not necessarily work for another. How can you say that, not knowing the financial circumstances of the particular couple? !!! If the US citizen derives income from self-employment, then the Schedule C and SE would be necessary. Edited by diadromous mermaid, 24 August 2006 - 12:59 PM.	diadromous mermaid	Female	0	2006-08-24 12:58:00
Removing Conditions on Residency General Discussion	Joint Tax Returns & I-751	Hello, we're submitting all paperwork for my husband's I-751 tomorrow! We have two tax returns to submit, and I'd love to know if we have to give the INS each return in its entirety, or will the top two pages of the 1040 (Questions 1-75) suffice? Or something else? Didn't realize the tax returns were so hefty. Plus, if we don't have to submit all that personal information, that'd be sweet. They've got enough, I'd think! Thanks very much in advance! Jackie In the event that you don't use transcripts, the entire (Federal) return, with all schedules and attachments should be provided.	diadromous mermaid	Female	0	2006-08-24 12:35:00
Removing Conditions on Residency General Discussion	When to File I-751?	What if they file on December 15 and it is lost in transit? Can good cause be proven or do you have to refile? Will a postmark be acceptable and of course the cancelled checks? Apparently there is no kindhearted soul from DHS who is going to call and say you can file now your 90 days starts today. Logically, if the check is cancelled then the application was received, no? How could it then be lost in transit?	diadromous mermaid	Female	0	2006-08-21 14:31:00
Removing Conditions on Residency General Discussion	I-551 STAMP	They stamped my passport it says UPON ENDOREMENT, SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCY FOR ONE YEAR ISSUE DATE:............. OFFICER:............................... EMPLOYMENT AUTHORIZED VALIED UNTIL................................ Every body having some stamp who ever got approval of i-551..... It's an interim extension while the I-751 is pending adjudication.	diadromous mermaid	Female	0	2006-08-25 19:06:00
Removing Conditions on Residency General Discussion	I-751 transferred and delayed beyond belief	Hiya, I'm looking for advice or reassurance. I filed my I-751 (Vermont service center) bang on time in late October 2004. I got the receipt quickly (november 3, 06), and as usal it included an extension of my green card for a year--or to expire in early December 2005. On March 8, 05 i got a letter saying that my petition had been forwarded to the Boston office and that i should await an interview schedule date. then nothing. In November, with the expiration of my green card extension getting closer, and with an interstate move coming up, i made an infopass appt at the boston office. My petition was out of time, they had no backlog, perhaps it had been transferred? They instituted a case status investigation, took my greencard, gave me an i551 stamp with work authorisation till nov 2006, and told me to go home and be certain to send in my AR11 when i moved. in december 2005 i got a response to the case status investigation. it was a low risk case, transferred to california to reduce backlog, thatnk you very much and please don't do another case status for 180 days. Not exactly an answer, but whatever. I waited the 180 days, hadn't heard anything so i started another case status. this week i have received the exact same letter as the december 2005 one. Except the date at the top had changed. I met a guy in the same boat, and i see that other people have had their cases transferred. But here's the thing, i'd just like to hear of one person that has actually got their case resolved after this happening. At the moment it just feels like it's in a black hole. Can you help me out? J You could always file the N-400 and if the I-751 has not been adjudicated by the time your naturalisation interview comes up, it will force adjudication on the I-751 at the same time as the N-400.	diadromous mermaid	Female	0	2006-07-16 18:21:00
Removing Conditions on Residency General Discussion	I-751 -- need help	Hi everyone ! I am ready to send my papers to immigration in 5days to remove the condition on my status.....I just want to make sure Does my Hubby needs to filled up the Affidavit of Support to send in with my I-751? Thnx alot The original I-864, submitted when you were filing AOS, is still valid.	diadromous mermaid	Female	0	2006-09-16 12:26:00
Removing Conditions on Residency General Discussion	Working OFF THE BOOKS.	Is it actually illegal for the OP if *she* pays taxes but her employer doesn't? I don't know, I'm just wondering. I'm a translator and I do a bazillion small jobs for different people and I'm sure they don't report to the IRS, but I always keep track and pay taxes. But then again I'm not working full-time for any of those people, at the most they might give me three or four jobs at $40-$100 a pop over the course of a year. Hypothetically, I doubt there's a way that the OP could pay her income taxes without being her own employer. If she considers the work as self-employment income, she'd be acting as the employer and paying both the employee tax and the requisite employer's share. If, on the other hand, she would want only to pay the trust tax portion of an employee's obligation and not the employer's share, then a 941 would need to be filed with IRS, but she couldn't file that on behalf of the employer. So, I am guessing that would not be possible.	diadromous mermaid	Female	0	2006-08-30 09:41:00
Removing Conditions on Residency General Discussion	Working OFF THE BOOKS.	Hey Guys!! I have a really good job right now but I got offered another job off the books, I'm pretty excited about that but my husband thinks that that could affect the process that we will start next year (Rem. Cond), you think something could happen??????????????????????? TY Vi Two matters come to mind. One is SSA determination and releasing your sponsor of his obligation under the terms of the Affidavit of Support. Remember you must acquire 40 quarters of credits, or naturalise, or leave the country permanently, or worse yet, die, before that obligation is deemed satisfied. It's dubious that failure to pay taxes could render you deportable, in fact, see the excerpt below, but inherent in naturalisation is the requirement to demonstrate Good Moral Character. From: http://www.newworldm...were_a_leg.html "Lee v. Ashcroft involved a Korean family who lived legally in the United States for some 20 years. In 1997 Ki See Lee and his wife Hyang Mahn Yang, who owned a Philadelphia dry cleaning business, pled guilty to filing false income tax returns for 1989, 1990 and 1991. Later that year, the Immigration and Naturalization Service sought their removal from the U.S. for conviction of an "aggravated felony." In relevant part, an "aggravated felony" was defined as: An offense that - (i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or (ii) is described in §7201[4] of the Internal Revenue Code of 1986 (related to tax evasion) in which the revenue loss to the Government exceeds $10,000; . . . The immigration judge held them removable under either of the above subsections. On appeal to the Third Circuit, the government conceded that "tax evasion" did not apply, but sought the removal of Lee and Yang pursuant to the "fraud and deceit" subpart. "This question cannot be answered solely by looking at 'the language itself,'" the majority said; "we must also be cognizant of 'the specific context in which that language is used, and the broader context of the statute as a whole.'" Noting that tax evasion is specifically mentioned in the statute but other tax crimes are not, the majority held the provision to be sufficiently ambiguous so that resort would be made to divining the intent of Congress in drafting and passing the law. "[A]fter considering various tools of statutory construction, we believe that Congress’ intent is clear: in enacting subsection (M)(ii), it intended to specify tax evasion as the only deportable tax offense; it follows that it did not intend subsection (M)(i) to cover tax offenses." Judge Alito dissented. He said the subsection at issue set out two requirements: First, the offense must “involve fraud or deceit.” This means that the offense must include “fraud or deceit as a necessary component or element.” Second, “the loss to the victim or victims” must exceed $10,000. The offense of filing a false tax return and causing a tax loss of more than $10,000 satisfies these elements. “Fraud” or “deceit” is a necessary element of 26 U.S.C. § 7206(1), which makes it a crime to make or subscribe “any return, statement, or other document” that the defendant “does not believe to be true and correct as to every material matter.” In addition, causing a tax loss of more than $10,000 results in a qualifying “loss to the victim,” i.e., the United States Treasury. (Citations omitted.) He went on to note that neither "fraud" nor "deceit" are elements of a federal crime of tax evasion under the Internal Revenue Code, so the bolting on of the tax evasion example, far from meaning it was the only tax crime Congress thought should lead to deportation, more likely meant that the "fraud and deceit" of the first part of the subsection did not include tax evasion, and Congress wanted to be sure all tax crimes that fit the bill were included."	diadromous mermaid	Female	0	2006-08-29 15:54:00
Removing Conditions on Residency General Discussion	my wife filed for removal of conditions but then left me	Good luck in your new journey. I'm glad there is something bright on the horizon for you. Just go slowly, for your own sake. Bear in mind that when you met your former wife what you see today may not have been quite so evident then. I little old Slavic lady once told me, "you don't really know someone until you've eaten a pound of salt together"	diadromous mermaid	Female	0	2006-09-25 08:58:00
Removing Conditions on Residency General Discussion	my wife filed for removal of conditions but then left me	my wife filed for removal of conditions, but this is based on her being married to me and living here also. Should I contact immigration and let them know that the information on her application is no longer accurate. I am also going to be filing for divorce because i dont want unfinished business to haunt me later on. I would like to wrap it up as soon as is possible. Her actions after leaving me lead me to believe that she wasnt sincere, but I am sure every husband would feel that way. She made no attempt to work it out. What should I do??? I have to admit, I'm not in the habit of researching a member before answereing a particular question, and in this case, had I done so, it might have changed my initial response. Since you are intent on pursuing another sponsorship (I take it that the wanting to wrap things up so they don't haunt you was a euphemisim for closing one chapter to enable you to start another petition) then my recommendation would be to just get the divorce underway so that you can have a decree available to pursue your next petition. I'd not even visit the issue of whether your current wife was genuine in her intentions. Seems to me that could open a whole other line of questioning with USCIS that would only serve to complicate the next submission. The remark of upgrading versus grieving, that might have been construed by other members as flippant, may be a valiant attempt on your part to justify, to yourself, why you are moving into another relationship so quickly. Naturally, no justification is required for us, but as a word to the wise, allow the ending of your current marriage to settle in absent any other distractions. All endings to relationships require a certain amount of time for grieving, and if you don't give yourself that much, it could manifest itself later in ways you might not have imagined. I take it you love this other woman and wish to be together as soon as is practical, and if this is the right relationship, based on the correct dynamics, compatibility and depth of interest, she'll give you all the time you need to bounce back from this liitle hiccup in your life. You'll be doing yourself a favour, and your future bride.	diadromous mermaid	Female	0	2006-09-25 06:21:00
Removing Conditions on Residency General Discussion	my wife filed for removal of conditions but then left me	We were together when she filed the application and she left afterwards... so the application is now not correct... Ask Purrsuede, he's the expert on this kind of thing. So she remained in the marriage long enough to gain your endorsement on the I-751 (joint submission) and then promptly left? That would describe it ... yes I was surprised that she wouldnt wait for it to go through, but I think she had been wanting to leave for so long, she couldnt stand it any more and took off. If you indeed initiate divorce, you could inform the local district office that you are in a divorce and when final you would like the joint petition withdrawn, if it has not yet been adjudicated.	diadromous mermaid	Female	0	2006-09-24 21:46:00
Removing Conditions on Residency General Discussion	my wife filed for removal of conditions but then left me	We were together when she filed the application and she left afterwards... so the application is now not correct... Ask Purrsuede, he's the expert on this kind of thing. So she remained in the marriage long enough to gain your endorsement on the I-751 (joint submission) and then promptly left?	diadromous mermaid	Female	0	2006-09-24 21:30:00
Removing Conditions on Residency General Discussion	Removal of conditions	Good morning all, on a personal note for those of you know me I am waiting on my interveiw . I have a friend who got married a few years ago well his wife has been acting strange and about 1 year ago she walked out on him and moved to Florida. They have been in contact however even though they tried working things out, things went SOUR. He has filed for a divorce but while the process was in effect he got a letter stating that he needs to go in for an interveiw to remove conditions. His lawyer told him that he showed ignore the letter and not go in for it, stay put and when he refinds someone remarry and refile. But, I think the lawyer is wrong, that to me is straigh up fraud. I need your help because even though I am telling him it is fraud and he can and will be in big trouble with UNCLE SAM he won't believe me. Can someone please shed some light my way? I told him that seeing that he let the paper worked get denied and he is only on a conditioonal green card he will get in SERIOUS trouble if he gets pulled over or arreested because he is now out of status..am I right? or its thw lawyer right and my friend is ok? Help him out please? He must have submitted the joint petition. Not appearing for an interview would render his application denied. A recommendation to ignore the letter and find another USC to marry from his attorney causes me to wonder if the attorney sees something specific with his case, that might hinder adjustment under the waiver. Marrying while in removal proceedings can bring up other issues, as well. I'd recommend another consultation with an attorney, he could look at http://www.aila.org for one in his area.	diadromous mermaid	Female	0	2006-09-25 14:13:00
Removing Conditions on Residency General Discussion	1-751 Should I ?	JERSEY, I'm with meauxna. Even without the complication of having reconciled, removing conditions after a divorce calls for at least a consultation with an immigration attorney to review the facts of the situation and get some advice on what to say, how to say it, and perhaps most important of all - what not to say. I spoke to my Lawyer a few weeks back and he said that it was a plus for me to be back with him as it would prove that the marriage was legitimate, he just assumes that it will be all OK but I want a second opinion. Another Lawyer is not an option as I paid a damn fortune for this one If a second opinion is not an option, then what did your current lawyer think of the bona fides you have? Frankly, if you're reconciled with your initial husband, I don't see that access to joint financial documents, evidence or even an affidavit from him and friends etc would be the issue, but rather the question is of what quality is the evidence you have? Does it cover a substantial period of the 2 year conditional residency? Edited by diadromous mermaid, 21 September 2006 - 09:21 PM.	diadromous mermaid	Female	0	2006-09-21 21:21:00
Removing Conditions on Residency General Discussion	green card holder	We moved from NY to Florida, and I had to send in a change of address for the I-864 (Affidavit of Support). Here are the instructions for I-865. If they apply to your situation, then you would necessarily have to file: When Should I Use Form I-865? If at any time in the past you completed a Form I-864, Affidavit of Support, to sponsor an immigrant, you are required to report your change of address within 30 days of the change if the sponsorship agreement is still in force. The sponsorship agreement remains in force until thesponsored immigrant: Becomes a U.S. citizen; Can be credited with 40 quarters of work; Departs the United States permanently and either formallyabandons lawful permanent resident status (by filing FormI-407) or is formally held in a removal proceeding to haveabandoned that status; In a removal proceeding, loses the lawful permanentresident status that the sponsored immigrant obtained basedon your Form I-864; or Dies. Good luck!!!! Or, as articulated on the USCIS form itself, here: http://www.uscis.gov...r...immigrant:"	diadromous mermaid	Female	0	2006-09-29 13:10:00
Removing Conditions on Residency General Discussion	Uh oh!	The only thing to which I need not speculate is the degree of your chutzpah... I'm not on trial here; however, I assume you are an expert in trial procedures as well? I'm not going to go through all my statements again: nor do I have to justify or explain them. My view is thusly stated: you need to be careful about not only what you say, but how you say it and to whom (and be cognizant what they think when they receive it). People's very lives and happiness and sometimes their freedom (because some of the penalties for violating immigration laws are that draconian) are at stake and that's too important to just flip off responses and advice and citations without training or experience. Some people take these things as authoritative, and go out and follow this advice to the letter! As for you, Debating Miss, you couldn't possibly have had experience in every area on which you opine, because basically you have an opinion on everything...nor are you an immigration attorney because you could have ended the whole discussion between us the first time simply by stating that you were (are), in which case I would certainly defer to your knowledge of the relevant rules and the application of those statutes to the facts of individual cases. However, you did not so state and therefore I did not so defer. Personally speaking, I wish no one ill will. I do wish people would be a little more careful giving advice, however, for the reasons stated. Whether it is because one wants to be helpful, or if one wants to appear knowledgeable or if one just can't help themselves, it doesnt matter. This is because the potential effect could be devestating to a person if there was one misunderstanding of fact, rule, interpretation or application. What is that person (or their spouse or fiance or whomever) going to do then? Tell the USCIS "[I] made a mistake and listened to someone on Visa Journey so please give me another chance? Good luck... Anyway, I'm tired of all this - I have business to which I must attend --- Throwing weight around here might impress others, (although I seriously doubt that at this juncture) but it doesn't impress me, nor, incidentally, do you intimidate me one iota (although that is one distinct hazard to perhaps the unsuspecting). Not that you're looking to do that, but if there is any inherent hazard on these boards, in my opinion, it is comments that bespeak legal authority, be it in the world of immigration or patent law (which, incidentally has the little to no legal credentialling requirement) can be misleading. I've not claimed to be an authority, nor expert, nor have I offered legal advice ~ you have assigned those labels to me. I can't fathom why it is you have me in your scope. The mere fact that you refer to me as having 'chutzpah', when only you have exhibited effrontery is comical! Am I to consider your comment that "you are not on trial here" as perhaps a declaration that to be scrutinised and interrogated is unreasonable~ correction,~as Wwholly inappropriate? Likewise, I firmly agree, and the feeling is mutual! I surmise this might be a new experience for you, japau...perhaps mere mortal 'females' typically kowtow to open avowal of your opinion of them. Well, that's not me. I've not treated you with disrespect, although you have me. I've not belittled you or questioned your professional stature, although you have in your infinite wisdom not given consideration to mine, whatever that might be. While I've no doubt you are enjoying conducting your little "witch hunt", I find it at cross-purposes to the reason you claim you are here. Once again, and perhaps pedantic, as in this instance pedantic is necessary, my 'opinion' is as valid as yours. And while all that is being offered is an opinion, clearly articulated as such and based very often, much to your dismay, upon personal experience, background or training, both yours and mine remains moot. The defence rests.......	diadromous mermaid	Female	0	2006-09-29 14:13:00
Removing Conditions on Residency General Discussion	Uh oh!	Others have NO personal experience (or limited experience(s)) and are telling people what to do (or intimating they know via presentation) and citing rules and statutes and cases and whatnot with no legal training, no immigration law knowledge and are really just guessing in the end. I can't disagree with the concept that japau is attempting to present, either. The hazard of UPL is real. Having experience in a certain process, whether aided initially by an immigration attorney or not, means that often the individual makes himself, or is made aware of the appropriate and can further cite the appropriate procedural requirements. However, procedures change over time, and simply referring to "what worked once" is neither better in terms of information as another that might guide an individual (first to an immigration specialist) and then to a location where updated information might be available. Procedural requirements are made available to the public, by the way, and provided by USCIS. Aside from the method and manner of his delivery, the only objection I have to much of what japau is offering in terms of his argument, and perhaps he can enlighten us all, is how he can know whether one is reporting from a personal experiental basis, or not? Since I've been a target of his incessant ramblings, I take it he is claiming that I don't???? I wonder how he can come to such a conslusion! Absent factual knowledge as to whether one individual has experience, or training for that matter, over another, is not only wholly inappropriate but gauche, and since japau can't conclude anything, it simply becomes speculation on his part. Edited by diadromous mermaid, 29 September 2006 - 12:43 PM.	diadromous mermaid	Female	0	2006-09-29 12:40:00
Removing Conditions on Residency General Discussion	Uh oh!	My only point is, as I say (and will continue to say), there's no lack of people here that are willing to bet your immigration status on their ego trips and possibly faulty advice. You *ARE* including yourself in this statement....right? No, because first, I am not pretending to be a lawyer or making believe I am some kind of immigration expert or intimating the same with a rampant knowledge of using google seraches to cite general information on any conceivable subject. Second, I am an attorney, but I am the Chief Legal Officer and General Counsel for a publicly traded company, not an immigtration lawyer: these are wholly different skill and knowledge sets. Third, I am not giving immigration legal advice, only my opinion (as I say many times) if I offer any opinion at all. Fourth, without fail (although I'm sure I've missed once or twice) I always suggest that people get competent legal immigration counsel to help them in any immigration situation. These cases are highly fact dependent, and only a competent immigration attorney should be consulted for the answers to any immigration question, not internet phantoms on an immigration posting board. If you follow the kind of advice you get from internet "know-it alls" and you end up out of status, deported or refused re-entry or whatever, well, you got what you paid for, you really have only yourself to blame and you have absolutely no recourse whatsoever. Therefore, the short version answer to your question is "no, I *ARE* not." UPL is ubiquitous, there's no denying that, and indeed it is not simply a problem in newsgroups, but occurs in virtually every industry at one time or another. And, indeed, in most states, with the exception of Arizona, if I am not mistaken, there are statutes that can impose criminal prosection or injunction (admonition) of individuals that are practising law without the requisite licence. That being said, however, having a JD does not immune one from UPL. Indeed, I'll go one step further to say that having a Scientum Juris Doctor, SJD (or JSD) a higher degree reserved for only the exceptionally well educated attorneys, who've acquired 'expert' status in their particular field of study, have published scholarly legal texts in those areas, and are, for the most part, teaching and preparing our future attorneys-at-law in some of the finest academic institutions in the country, doesn't either! "Expert" has nothing to do with immunity from UPL. A SJD can very easily be more expert in his area than any practising attorney. Being an "attorney" does not act as an exemption from UPL, either. An attorney licenced in one state can be just as exposed to the hazards of UPL as the general lay person if he or she chooses to practise in another without the requisite licence or pro hac vice. In fact, even being a Chief Legal Officer, doesn't necessarily mean one is licenced to practise law. Many judges, sitting or presiding over lower administrative courts aren't licenced practitioners and yet their understanding of the tenets of law are honed and acute...and according to the Consitution there's no articulated requirement that a Supreme Justice be licenced either. So, if a judge or a Supreme were to offer advice, they *could* run into the same problems as any one of us on this newsgroup. The issue of UPL lies in the licencing and in making sure that one does not masquerade as being something one is not, which, as far as I can see, is not occuring on this board. An opinion, duly represented as such from japau, is not different as an opinion from me or from anyone else on this board. Although, being an officer of the court, chances are if he did cross the lines (and those lines can be fairly vague) and engage in UPL, he'd run more likelihood of being admonished than many members of the general public. It is true that some people's personal experiences are good to know when dealing with any issue (like I offered in the mischaracterized referral post wherein I wasn't offering relationship advice, but stating my own experience). However, one offering one's unsupported and insupportable opinions with no actual experience is actually useless, and misleading to some that may read it as authoritative. Without each and every one of us posting our CVs and a detailed accounting of our own experiences, letter by letter, fact by fact, how, prey tell, can you characterise what is one's personal experience and what is simply "unsupported and insupportable opinions with no actual experience"? Edited by diadromous mermaid, 29 September 2006 - 10:27 AM.	diadromous mermaid	Female	0	2006-09-29 10:22:00
Removing Conditions on Residency General Discussion	Uh oh!	Hi everyone, I don't know if anyone is around that might remember me but I was an active member last year while getting my K1 and AOS- then once I got approved back in January life kind of took over and I gradually visited less often, so I apologise for popping back up now all panicky like!!! I posted this on the AOS forum last night but so far no responses so I hate to bug if you have already read this but after posting there I realised here might be the better place for my situation... here's the deal, like I said- got my GC back in January and all seemed fine and rosy, checked the card and all fine or so I thought in my excitement and then it was put away until needed. Well now we're travelling home to England next week for a visit to the folks and we're filling out the info the Airline needs and it asks for the expiry date on my greencard, so I'm reading it out to hubby " 01-17-07", and then uh hang on a minute, that's this January coming, that can't be right I only got approved Jan 06, so I look at the start date which of course reads Jan 05- USCIS put it wrong, and I somehow stupidly didn't pick up on it when I received the stupid thing!! So my first worry is, this won't cause a problem on my way home from our trip will it? I'm thinking not seeing as its still valid even with the wrong date and it will only just be within the 90 day period that I would supposedly be filing for the removal of conditions if the date was right? Can anyone reassure me on this??? And of course the next thing is when I get home sorting it all out, looked up the form I need I-90 and got it all printed out, I don't have to pay any fees coz it was their mess up, but do you think it will be a problem that it was undetected for so long? And it says I have to send it to where my original I-90 was processed to have the error rectified, and uh- I never filed an I-90 before of course so am I just sending it to where I sent the AOS package do you think? Grrr, stupid me!! Thanks, Lynsey Forum: Adjustment of First, travelling on a Green Card with an unexpired date (regardless of if it reflects one year less than it should) is perfectly alright. Even if you were supposed to remove conditions on your residency in October, the card would be still valid until January 07 as it stands, that is, if you do not have to mail it back. When replacing a card with incorrect data, see the instructions from USCIS: If you are filing because your card was issued with incorrect data due to USCIS administrative error, you must mail a new I-90 application using Application Reason "d" My card was issued with incorrect information because of a USCIS administrative error, and any supporting documentation, to the USCIS Service Center/National Benefits Center(NBC) that processed your previously filed I-90 application. For the Service Center/NBC mailing address, please refer to the letter that came with your I-551 card, also known as "Green Card". This letter provides the address for the Service Center/NBC that processed your previously filed I-90 application. The Service Center/NBC address can also be found on the I-797 "Notice of Action" issued for the previously filed I-90 application. In addition to the new I-90 application, applicants are required to send the original I-551 card containing incorrect information, and documentation that supports the requested correction. I-90 applications submitted with Application Reason "d" do not require the $70 biometrics fee or the base application fee. Service Center/NBC Mailing Addresses California Service Center Attn: I-90 "d" P.O. Box 10090 Laguna Niguel, CA 92607-1009 National Benefits Center Attn: I-551 Corrections 705B SE Melody Lane, Box 2000 Lee's Summit, MO 64063 Nebraska Service Center Attn: I-90 "d" P.O. Box 87090 Lincoln, NE 68501-7090 Texas Service Center Attn: I-90 "d" P.O. Box 851983 Mesquite, TX 75185-1983 Vermont Service Center Attn: I-90 "d" 75 Lower Welden Street St. Albans, VT 05479-0001	diadromous mermaid	Female	0	2006-09-28 19:06:00
Removing Conditions on Residency General Discussion	Sent I-751 2 weeks ago, can we move?	hi all, got a question here. 2 weeks ago we submit the I-751 petition for my wife. we havn't receive our noa yet. but we are thinking of moving to a different apartment because with our new baby coming into this world we need a bigger and newer place to live. i am concerned about our address though. if we move, would the immigration service allow any of our documents to be forwarded to a new address? or would it have some kind of notice on the envelope that forbids forwarding. If we move i know I can just fill out one of those forwarding forms at the post office but i am not sure if its wise. what should i do? no idea how long it'll take for the petition to be approved but we would like to move in a couple month. Why not submit the AR-11 and I-865? And as a caution, always get return receipt for it and follow up by corresponding with the local district and Service Center.	diadromous mermaid	Female	0	2006-10-05 12:11:00
US Citizenship General Discussion	what is the priority date for?	QUOTE (bombay @ Feb 5 2008, 07:23 AM) <{POST_SNAPBACK}> QUOTE (YuAndDan @ Feb 4 2008, 11:40 PM) <{POST_SNAPBACK}> What is this in reference to? You posted this to citizenship forum yet your timeiline shows entry to the USA November 2006, by my estimates you cannot apply for citizenship until you have 3 years as green-card holder, that will be November 2009. Well this is in reference to my n-400 application how else will i know about the priority date on my NOA. And about the 3 years wait, well it just so happens that i am in the US MILITARY and i am eligible for citizenship immediately. Hope i cleared ur doubts now can you answere my question. Are you in Active Duty?	diadromous mermaid	Female	0	2008-02-05 20:48:00
US Citizenship General Discussion	how does divorce affecting Citizenship applying	QUOTE (tomjerry @ Feb 16 2008, 06:46 PM) <{POST_SNAPBACK}> Hello: Me and my husband may finally get to divorce. Anyway wondering what will happen in the future (after 5 years I got 10 yrs greencard) if I want to be naturalized, by then am I still applying citizenship based on marriage? do I still need to turn in all the marriage proof paperwork (tax return and so on...) even if we've divorced? thanks so much! You'll see on the application form that save for in certain instances, aliens are required to submit tax returns, whether applying as marriage-based or not. I don't think it has anything to do with whether an alien is divorced. All prior marriages are supposed to be declared on the N400 form as well. Now, I don't know enough about the instance sparkofcreation mentioned to comment one way or another, but my sense tells me that perhaps there was something about the timing of the prior marriage termination that caused USCIS to question further. And obviously more scrutiny is applied to aliens that declared they were married when they filed, but were in a period of separation.	diadromous mermaid	Female	0	2008-02-17 13:04:00
US Citizenship General Discussion	how does divorce affecting Citizenship applying	QUOTE (tomjerry @ Feb 16 2008, 06:46 PM) <{POST_SNAPBACK}> Hello: Me and my husband may finally get to divorce. Anyway wondering what will happen in the future (after 5 years I got 10 yrs greencard) if I want to be naturalized, by then am I still applying citizenship based on marriage? do I still need to turn in all the marriage proof paperwork (tax return and so on...) even if we've divorced? thanks so much! No. As a divorced alien, you will be applying based upon having been a permanent resident for 4 years and 9 months.	diadromous mermaid	Female	0	2008-02-17 12:17:00
US Citizenship General Discussion	what happens when your extension letter expires	QUOTE (ives_damian @ Feb 17 2008, 06:45 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 "extended conditional green card"??? The card expires, the status doesn't. However, you need proof of status, ergo "the card".	diadromous mermaid	Female	0	2008-02-17 18:50:00
US Citizenship General Discussion	Naturalization and working outside US	QUOTE (butlertl @ Feb 18 2008, 10:16 AM) <{POST_SNAPBACK}> I have read that any officer at the border can take your Green Card away from you if they feel like it. Should I apply for the Re-rentry Permit anyways even if I decide to stay and work in Canada and return at exactly the one year mark? I would hate to be turned away at the border!!! _________________ A re-entry permit guarantees nothing in terms of gaining access to the USA, if it appears the alien has abandoned residency.	diadromous mermaid	Female	0	2008-02-19 11:27:00
US Citizenship General Discussion	Hello everyone, new here -- Naturalization question!	QUOTE (AusCal @ Feb 19 2008, 04:23 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Feb 17 2008, 11:22 AM) <{POST_SNAPBACK}> QUOTE (KatieinAL @ Feb 17 2008, 12:59 PM) <{POST_SNAPBACK}> In July 2002 I was awarded my permanent resident card without conditions. Katie Have you been married to this US citizen for 3 years yet? That is not relevant. The OP is eligible to apply for naturalisation 4 years & 9 months after receiving Permanent Resident Status (conditional or not) - provided she meets all other requirements (specifically residency). Katie, I would suggest filing your N-400 soon - it is a relatively simple form - and has very little documentation to include with it when you are filing as a 5 year permanent resident. There are current backlogs with processing applications - but, the longest time frame I have seen suggested is 16-18 months. In fact, probably the worst news for you is that it will cost $675. Yes, I now see where she said she'd been a PR since 2002, thanks for catching me. Edited by diadromous mermaid, 20 February 2008 - 08:28 PM.	diadromous mermaid	Female	0	2008-02-20 20:27:00
US Citizenship General Discussion	Hello everyone, new here -- Naturalization question!	QUOTE (KatieinAL @ Feb 17 2008, 12:59 PM) <{POST_SNAPBACK}> Hello everyone! This is my first post on this forum. I am a Canadian citizen first-off. Back in 1999, my then fiance and I filed for the k1 visa, completed that process, and I moved to Arizona where we got married. About a year later we had a beautiful baby girl. In July 2002 I was awarded my permanent resident card without conditions. Unfortunately in 2004 we got divorced. I now live in Alabama with our daughter and have re-married. Two years ago I decided to go back to school to become a History teacher for high school students. I just got my associates and I'm two years away from my goal. Yea! The problem I'm running into is that this morning I found out that the local school boards require you to be a US citizen in order to be employed by the State. So now I'm in panic mode! Once I get my degree, I don't want to have to wait a second longer to be able to start my new career. So I want to get this Naturalization ball rolling ! So my question is, I live in Alabama, I'm not sure which centre I need to file my application with.. and what is their timeline? Hopefully it's not more than 2 years. I had to wait so long for my green card, and right when I thought I was done, I am back in INS inferno . Any feedback anyone could provide for me would be truly appreciated! Thanks! Katie Have you been married to this US citizen for 3 years yet?	diadromous mermaid	Female	0	2008-02-17 14:22:00
US Citizenship General Discussion	Can I travel abroad after sent my application?	QUOTE (hellokittymm @ Feb 20 2008, 11:48 PM) <{POST_SNAPBACK}> Hi, guys, does anyone know if I can travel abroad after send my application? If the travel is immediate, I see no problem. If it is planned for later on down the line, make sure there is someone to monitor your mail, for citizenship test/interview dates from USCIS. With the protracted timelines for Naturalisation, it would be a shame to miss one.	diadromous mermaid	Female	0	2008-02-21 08:48:00
US Citizenship General Discussion	Application for Naturalization	QUOTE (aying @ Feb 28 2008, 03:22 PM) <{POST_SNAPBACK}> I am eligible to apply for naturalization 3 years after being a permanent resident here in US because I am married to a US citizen. and my question, what if 6 mos or more of that 3 years you live in a separate house because of work? like i want to live closer to my work because right now we live in a country close to his work and i drive about an hour to get to work...and he doesn't want to move..would that affect my naturalization? It shouldn't if the reason for separate abodes is not a precursor to a divorce action, as in a legal separation.	diadromous mermaid	Female	0	2008-02-28 21:52:00
US Citizenship General Discussion	N-400 Question?	QUOTE (coolgt @ Mar 7 2008, 11:54 AM) <{POST_SNAPBACK}> fake marriage you can call it Not really a fake marriage, although some fraudulent marriages are annulled. An annulment voids the marriage. Cases where marriages should not have been sanctioned as legal are often annulled.	diadromous mermaid	Female	0	2008-03-07 22:00:00
US Citizenship General Discussion	Citizenship for child under age 18	QUOTE (Cdnwmn @ Mar 14 2008, 08:44 PM) <{POST_SNAPBACK}> I applied for Citizenship in July of 2007. My son who was 16 1/2 at the time would be included on the application. In November, I received a notice from Nebraska stating I owed more money in fees however I was able to prove that my application was received by them before the fee hike and they then sent a notice stating that I didn't owe them any more money. As of this date, no notice of fingerprinting. My question is this. If it so happens that I'm successful in getting Citizenship but it doesn't occur until after my son's birthday who will turn 18 in January of 2009, will this mean he will have to file on his own or will they go by the filing date and my son will be granted automatic citizenship. QUOTE Parents Naturalized February 27, 2001 to Present You derive U.S. citizenship if and when all of the following three things become true: (1) one of your parents was born in the United States or has become a naturalized citizen, (2) you are under the age of 18, and (3) you have a green card (lawful permanent residence) and are living in the legal and physical custody of your U.S. citizen parent. This law applies to both natural and adopted children. This law also applies to you if your parent naturalized before February 27, 2001 but you were under age 18 and satisfied the green card and residency requirement at the time.	diadromous mermaid	Female	0	2008-03-14 21:33:00
US Citizenship General Discussion	About to apply....question re passport pages	QUOTE (cal @ Mar 14 2008, 09:12 PM) <{POST_SNAPBACK}> I had an infopass appointment in Denver this week for a different issue (I-751). I happened to pick up a N-400 application (I will be filing soon) and the instructions say you need to include a copy of all pages of my passport. Did anyone do that? I just got a new passport a few months ago so Im wondering if I should include copies of all pages from both passports. Any ideas? Yep, all pages with stamps in them	diadromous mermaid	Female	0	2008-03-14 21:36:00
US Citizenship General Discussion	HELP NEEDED	QUOTE (Mubo @ Mar 23 2008, 08:31 PM) <{POST_SNAPBACK}> I JUST FILED MY N-400. PLS WHAT IS THE LIKELY TIMELINE FOR THIS. DO YU ADVISE ME TO FILE I 130 FOR MY WIFE . WE JUST GOT MARRIED. I AM A NOVICE SO PLS ADVICE ME SO THAT I WILL NOT MAKE MISTAKE. Did you acquire your PR through a former marriage? Have you been a PR for 5 years?	diadromous mermaid	Female	0	2008-03-26 19:17:00
US Citizenship General Discussion	filing for naturalization and divorce before approval	USCIS has the right to request an appearance of the USC even up to the time of the swearing in ceremony to determine that the alien is eligible for the expedited Naturalisation, I believe.	diadromous mermaid	Female	0	2008-04-05 20:57:00
US Citizenship General Discussion	Applying for citizenship before conditions are removed	If an alien is eligible to file an N-400 to naturalise, having met all the conditions, and the I-751 is still not adjudicated at the time the alien is called for the N400 interview, the I751 will be adjudicated at the Naturalisation interview.	diadromous mermaid	Female	0	2008-04-26 21:06:00
US Citizenship General Discussion	Divorce after filing N-400 Application	QUOTE (bika @ Jan 17 2008, 06:44 PM) <{POST_SNAPBACK}> Hi, A Permanent Resident is applying for citizenship through marriage, is getting a divorce after filing will affect the application, does s/he has to stay married to the US spouse until the end of the naturalization process? Thanks Yes. Even though their exists statutory language that suggests that the PR does not have to be living together during the pendency of the N400, it does require the marriage to remain viable. That means that the couple could be living separately as long as that separation is not an indicator that the marriage through which the alien is entitled expedited Naturalisation eligibility is in a terminal state.	diadromous mermaid	Female	0	2008-01-19 16:14:00
US Citizenship General Discussion	what happens if we separate while N400 is pending?	QUOTE (NickD @ May 4 2008, 01:22 PM) <{POST_SNAPBACK}> I have no intention of either divorcing or separating from my wife, but even with the three instead of five year residency requirement when married, we will have been married for five years anyway due to delays caused by the USCIS. They don't go by marriage dates, but by their dates, if they did, she would have been a US citizen a year ago. You are confounding "marriage length" with length of "permanent residency". If an alien is no longer in a viable marriage, then for an alien to become eligible it will require 4 years 9 months of permanent residency.	diadromous mermaid	Female	0	2008-05-04 17:27:00
US Citizenship General Discussion	what happens if we separate while N400 is pending?	QUOTE (Tess79 @ May 3 2008, 05:39 PM) <{POST_SNAPBACK}> I'm having a few marital issues with my husband but I am also at the time when I can apply for citizenship based on mariage. Given that my local office takes over 14 months to process any N400 application, I am wondering what would happen if we end up separating at some point before the 14 month wait is over. Also, compared to the 10 yr green card, is the naturalization process stricter or the same? We had an RFE with my 10 yr GC because we didnt have much liabilities together and we still don't. It is not our fault but we dont have a mortgage or a lease because my hubby paid out the house a long time ago. Just wondering if we might deal with the same problem again. Thanks for the help. You'd become ineligible to Naturalise after 3 yrs of PR and would have to wait until you have been a PR for 4 yrs 9 months.	diadromous mermaid	Female	0	2008-05-03 21:16:00
US Citizenship General Discussion	Registered to Vote and Applying for Citizenship -- Advice needed	QUOTE (jumper8 @ May 12 2008, 07:21 PM) <{POST_SNAPBACK}> QUOTE (lucyrich @ May 12 2008, 05:32 PM) <{POST_SNAPBACK}> You're on dangerous ground, and you'd be wise to seek the advice of an attorney. You may also want to look at what the interviewer will be using for guidance. See the AFM 74.2(g) (available from the USCIS here). Also note Appendix 74-10 and Appendix 74-9 My reading (and I'm NOT an attorney) is that you really need to be worried about actually having voted in an election, and about ever having claimed to be a US Citizen. If you have registered to vote but haven't ever claimed to be a US Citizen or voted in an election, you might be alright. If you signed voter registration paperwork that included a claim of citizenship, even though you didn't read what you signed, you may be in serious trouble. Again, I'd talk to an attorney to sort it all out. I just wanted to follow up and see what your take on this may be.... Scenario 1: To what extent can an attorney do if I did sign the form that said I was a US citizen which I was not becaue I may have not read it or they told me it was ok to sign it if I pay taxes... Scenario 2: Do you think it may be "ever" possible that though I signed the form,that I can later claim that I was not aware at the time and who ever registered me never asked me to go thru the form?.... I know you are not an attorney but your answers do give very logical sense,and educative guesses..... Thanks very much! Did you sign the voter registration form? Yes or no? My understanding is that a signature is required. Ignorance of the law is never a defense. Edited by diadromous mermaid, 12 May 2008 - 08:10 PM.	diadromous mermaid	Female	0	2008-05-12 20:09:00