ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionSpeeding Ticket and Naturalization
The horse is DEAD people!!! smile.gif
jsnearlineNot TellingPhilippines2009-04-21 10:22:00
US Citizenship General DiscussionSpeeding Ticket and Naturalization
Why would she have answered "no" to 15? The question on the form is "Have you ever committed a crime or offense for which you were not arrested?"

The court with jurisdiction classifies a traffic violation is a minor offense and I'll take them at their word.

My wife committed an offense (speeding) for which she was cited, but NOT arrested. Therefore, based on the way the question is worded, "yes" appears to be the correct answer.

Edited by jsnearline, 20 April 2009 - 08:51 PM.

jsnearlineNot TellingPhilippines2009-04-20 20:50:00
US Citizenship General DiscussionSpeeding Ticket and Naturalization
QUOTE (Italian_in_NYC @ Apr 20 2009, 09:27 AM) <{POST_SNAPBACK}>
They're talking about legalizing millions of people who broke the law and crossed the border illegally and then they want to deny or possibly denaturalize people for a moving violation?
I'm fine with that, go ahead and deny me, I don't really need a US passport anyways.
But it does sound a little ridicolous, wouldn't you agree?

Then go ahead and disclose all the "crimes" you committed without being arrested (caught).
I guarantee you nobody would apply for naturalization...


I never said the rules or the process made sense, but unfortunately we don't get to make or change them on our own.

My wife answered "yes" to question 15 because she got a speeding ticket and was cited but not arrested. It seems to me the wording on the question should be re-written to "Have you ever committed a crime or offense for which you were not arrested, cited or detained by any law enforcement officer?"
jsnearlineNot TellingPhilippines2009-04-20 10:39:00
US Citizenship General DiscussionSpeeding Ticket and Naturalization
QUOTE (Rigoletto @ Apr 20 2009, 09:10 AM) <{POST_SNAPBACK}>
Sigh....you seem to assume that the plain meaning of words such as "crime" and "offense" governs.

For someone who has an ordinary traffic citation, i.e. a mere "moving violation," the answer to this question is almost certainly
NO, because a "moving violation," barring additional circumstances/enhancements (e.g. alcohol) is NOT a crime or an offense.


Not necessarily... Here's what our local traffic court has on their website

QUOTE
Centennial Municipal Court handles a wide variety of minor offense violations which include traffic penalties, animal violations, municipal code and zoning code violations.


jsnearlineNot TellingPhilippines2009-04-20 10:27:00
US Citizenship General DiscussionSpeeding Ticket and Naturalization
QUOTE (Italian_in_NYC @ Apr 20 2009, 08:41 AM) <{POST_SNAPBACK}>
N-400 instructions are clearly flawed...


Then I suggest you contact USCIS and ask them to change the instructions. Don't go on the verbal assurance of anyone, even if they are a government official.

If there is any confusion on how to answer, I would advise that people err on the side of being truthful and disclosing too much instead of too little. If you fail to disclose something, you could be denied, or your citizenship could be taken away at a later time if USCIS eventually finds out. Now, granted, the odds of these sanctions probably aren't that great, but it doesn't matter what the odds are if you end up being the unlucky target of them.

It seems strange to me the people who say not to discose are asked what they would have to lose by telling the whole truth, their response is to accuse those of us who choose to be up front and honest on our applications of being paranoid.


jsnearlineNot TellingPhilippines2009-04-20 10:22:00
US Citizenship General DiscussionSpeeding Ticket and Naturalization
The application tells you to disclose information about ANY crime OR offense you may have committed. A traffic violation is not a crime, but it is considered an offense. As such, it should be noted on the application, but as long as the penalty was below the limit specified, no additional documentation is needed.

It seems to me if USCIS did not want you to report traffic tickets, the instrucstions would have said so.
jsnearlineNot TellingPhilippines2009-04-17 13:22:00
US Citizenship General DiscussionSpeeding Ticket and Naturalization
The way I read it is that you have to disclose everything on the application. If the penalty was more than the limits stated, then you need to submit a copy of the official record (court record, motor vehicle record, etc.)

I'd say you were right to disclose it. Better safe than sorry.
jsnearlineNot TellingPhilippines2009-04-02 12:35:00
US Citizenship General DiscussionSpeeding Ticket and Naturalization
Here's what the Guide to Naturalization says:

QUOTE
Even if you have committed a minor crime, USCIS may deny your application if you
do not tell the USCIS officer about the incident. Note that unless a traffic incident was
alcohol or drug related, you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only penalty was a fine less than
$500 and/or points on your driver’s license.

jsnearlineNot TellingPhilippines2009-04-02 12:22:00
CanadaFlying Air Canada to Rome
I recently booked tickets for my wife and I to travel from Washington DC to Rome vis Air Canada next month. I chose Air Canada because they had the cheapest fare for when we're going. I've flown Air Canada to Toronto a number of times with no problems. I'm curious how the service on Air Canada's international flights is. I'm also wondering how long it takes to make a connection through Toronto since you have to clear Canadian Customs before going to the international terminal.
jsnearlineNot TellingPhilippines2006-03-11 18:44:00
Removing Conditions on Residency General DiscussionRemoving Condition on Social Security Card
My wife's married name is on the green card and her passport was amended at the Embassy of the Philippines last year to reflect the name change. That wasn't good enough for the guy. Sounds like he was on a bit of a power trip.
jsnearlineNot TellingPhilippines2006-04-11 15:34:00
Removing Conditions on Residency General DiscussionRemoving Condition on Social Security Card
She had her green card with her. I think the guy she was talking to thought she wanted a name change.

I'm a bit pissed that she had to waste an hour of her time and the person at the Social Security Office didn't even have the decency to give her his full attention.
jsnearlineNot TellingPhilippines2006-04-11 13:00:00
Removing Conditions on Residency General DiscussionRemoving Condition on Social Security Card
My wife got her two year GC a month and a half ago. Today she went to get the VALID FOR WORK ONLY WITH DHS AUTHORIZATION off her Social Security card. Her current Social Security Card is in her married name.

The Social Security Office refused to process her application, claiming they need to see her marriage certificate. #######!!! They saw it when they issued the card she has now.

My wife said the guy she talked to seemed distracted - he was talking on his cell phone while looking over her application. I told her she should have asked for a supervisor.

Edited by jsnearline, 11 April 2006 - 12:53 PM.

jsnearlineNot TellingPhilippines2006-04-11 12:52:00
Removing Conditions on Residency General DiscussionLooking Ahead
Ok, even if CIS already has the pre-interview stuff, would it help speed things along to give the Service Center a full picture of things from date of marriage to date of filing to remove conditions?

As for the financial stuff, we brought all of our bank statements to the AOS interview. Monthly credit card and checking account statements could at least show them that we're sharing all of our expenses. For our savings, I'd probably just submit one statement per quarter.

As for her category... We don't want them to come back later and say they made a mistake that we should have caught and then revoke her LPR status or deny her citizenship as a result. My point of view is that we shouldn't be expected to know the difference between a CR6 and a CF1 - that's a USCIS internal matter. My wife just wants to be very sure nothing's wrong that might come back to bite us later.

Has anyone ever run into trouble submitting too much evidence at this stage?
jsnearlineNot TellingPhilippines2006-12-27 20:05:00
Removing Conditions on Residency General DiscussionLooking Ahead
I'm starting to do some preliminary planning for our I-751 filing and have a few questions.

I noticed that the VJ Guide for Lifting Conditions says evidence of relationship "should be AFTER the grant of adjustment -- CIS already has the stuff pre-dating the green card." The I-751 form instructions says to "Submit copies of as many documents asyou wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date". Why this discrepancy? I wouldn't think VJ would contradict the form instructions without a good reason to do so.

How much financial information is enough? Should we plan on submitting monthly bank statements for each month we've been married or just a few from each year?

Can we have the Affidavits prepared ahead of time so that when the filing window opens we can submit the petition right away? If so, how recent do the Affidavits need to be?

We don't have a formal lease. Is a written statement from our landlord sufficient or does it need to be notarized? The officer who interviewed us for AOS accepted a simple letter.

My wife's temporary GC has an incorrect adjustment category on it. The card says CR6, when it should be CF1 because she adjusted from a K1. USCIS told us not to bother filing an I-90 for that because it's only a two year card. Should we include a statement pointing this out and asking for it to be corrected on the permanent GC?

Edited by jsnearline, 27 December 2006 - 05:35 PM.

jsnearlineNot TellingPhilippines2006-12-27 17:34:00
Removing Conditions on Residency General DiscussionQuestion about tax returns
It shouldn't be a problem since the form doesn't even specifically ask for tax returns.
jsnearlineNot TellingPhilippines2006-12-27 20:29:00
Removing Conditions on Residency General Discussionjust wanna cry
I agree. It's not the preferred way, but rather a last resort. I thought about it more after posting it and I'm not sure the Service Center would see your health insurance issues as a valid reason for the delay.

4. That said, jsnearline's other suggestion of just filing late is NOT a good idea. For one thing, you won't be able to re-enter the US in July or August if your green card expires in June and you don't have an NOA for your I-751. For another, the USCIS is NOT the agency that handles rescission proceedings (ICE does that) so pleading to the director of USCIS will do you no good. I suspect that, since you'd automatically be scheduled for rescission proceedings, if they let you into the country you'd probably be arrested at the airport.


jsnearlineNot TellingPhilippines2006-12-29 15:45:00
Removing Conditions on Residency General Discussionjust wanna cry
Are you still maintaining an address in the US? Is someone handling your mail while you are goine? If so, why not at least make an attempt to file using the address on file with USCIS. If you mail it to the right service center with the right fee in US dollars, maybe they'd accept it? The problem would be getting your NOAs and your new green card if you're not actually living there.

If that doesn't work, the only recourse I can think of is to file late once you return to the US and include a letter to the Service Center Director explaining the situation and pleading for mercy.

Edited by jsnearline, 29 December 2006 - 09:35 AM.

jsnearlineNot TellingPhilippines2006-12-29 09:34:00
Removing Conditions on Residency General Discussionflying

I think you need to file the I-751 90 days before your GC expires.


Not exactly... You have a 90 day window within which to file. It expires with the expiration of the two year green card. You can file at any time during that window.

As long as you enter the US before your card expires, you'll be fine. With only four weeks left on the green card, I would have the I-751 paperwork compiled and ready to send as soon as you return. If something goes wrong and the filing is rejected, then you might have problems since the peition is not considered filed until it has been accepted by USCIS.

Edited by jsnearline, 02 January 2007 - 06:26 PM.

jsnearlineNot TellingPhilippines2007-01-02 18:24:00
Removing Conditions on Residency General DiscussionSeparation/Almost to 10Yr GC
My problem with the original post was the OP's idea of misrepresenting the current state of their relationship to the government - "being separated, but presenting ourselves as being a happily married couple". I don't have a problem with a separated couple filing jointly to remove conditions, provided they are honest about their circumstances.

Edited by jsnearline, 04 January 2007 - 11:40 AM.

jsnearlineNot TellingPhilippines2007-01-04 11:39:00
Removing Conditions on Residency General DiscussionSeparation/Almost to 10Yr GC
Sorry to hear things aren't working out for your marriage.

I know you don't want to hear this, but VJ's rules prohibit members from encouraging immigration fraud, which is what your post seems to be very openly proposing. You have to keep in mind that the government can revoke green cards and citizenship at any time in the future if they find that you misrepresent anything. No matter how much you think it works for you, It's really not a good idea to lie to the government, even if you think they won't find out.

If there is truly no hope of saving your marriage, then why not get divorced first. Your soon to be ex husband can then choose the option for filing I-751 on his own by assertng that the marriage was entered in good faith but ended in divorce. You could provide a supporting statement to be included with his filing perhaps.

I'd recommend talking to an attorney about all of this.

Edited by jsnearline, 03 January 2007 - 09:39 PM.

jsnearlineNot TellingPhilippines2007-01-03 21:37:00
Removing Conditions on Residency General DiscussionDoes she need to send her U.S. vaccination records?
I take it she came on an IR visa then and didn't have to file for AOS here? If she had done AOS, her vaccination history would have been reviewed at her interview by USCIS.

I don't see anything on the I-751 instructions about sending vaccination records. I wouldn't send that unless you get a specific request from CIS to do so.
jsnearlineNot TellingPhilippines2007-01-17 17:14:00
Removing Conditions on Residency General DiscussionI-751 rejected because of incorrect fee??!!
It seems odd that they would charge the same biometric fee for both AOS and ROC. The AOS fee makes sense because of the fingerprints for background check. ROC, it's just a simple photo and index print.
jsnearlineNot TellingPhilippines2006-12-29 20:52:00
Removing Conditions on Residency General DiscussionI-751 rejected because of incorrect fee??!!
I doubt it... By then they'll probably raise the fees again without telling their Service Center staff.
jsnearlineNot TellingPhilippines2006-12-29 09:38:00
Removing Conditions on Residency General Discussionelectronic AR-11/address change

But now we're worried (like everyone else) about what happens if the interview letter (if there is one) or NOA-2 or green card get sent to the old address.

Have you heard about USPS mail forwarding?
https://moversguide..../?referral=USPS
I wouldn't worry about it even if they didn't get your address change the first time around.


My understanding is that USPS mail forwarding does not work for USCIS documents. They will be returned by the USPS to USCIS as undeliverable if the resident is no longer at the address on the envelope.
jsnearlineNot TellingPhilippines2007-01-29 17:46:00
Removing Conditions on Residency General DiscussionNew Proposed Fee for I-751
As for when the new fees take effect:

Q. When are the new fees effective?

A. A proposed rule on the fee adjustments will be published in the Federal Register on February 1, 2007. The proposed rule provides for a 60-day public comment period. After receipt and analysis of the comments, USCIS will draft a final rule reflecting the public input. It is important to note that a proposed rule does not and cannot by itself, raise any immigration benefit application fees. Publication is only the beginning of the regulatory process where an agency announces its intentions to change its current regulations, and solicits public comments on the effect of these changes.


http://www.uscis.gov...QABuilding1.pdf

You can get more info about the initiative and fee increases here:

http://www.uscis.gov...0000ecd190aRCRD
jsnearlineNot TellingPhilippines2007-02-01 20:40:00
Removing Conditions on Residency General DiscussionNew Proposed Fee for I-751

When is this going to take place? I don't see it in the mega-long document.


It's at the very end of the document on page 102.

Edited by jsnearline, 01 February 2007 - 02:38 PM.

jsnearlineNot TellingPhilippines2007-02-01 14:38:00
Removing Conditions on Residency General DiscussionNew Proposed Fee for I-751

Form I-751. For filing a petition to remove the conditions on residence, based on
marriage--$465.


http://www.uscis.gov...roposedRule.pdf
see page 102

Looks like this increase is going to hit just in time for me and my wife. If only our District Office hadn't taken a year to process our AOS, we'd be able to file before the increase. In essence, we're going to be penalized for the slowness of our DO. Typical government. My guess is that processing times will just get slower, not faster.

It was unclear whether this fee will include the biometrics that they are now going to require for I-751.

Edited by jsnearline, 31 January 2007 - 08:55 PM.

jsnearlineNot TellingPhilippines2007-01-31 20:53:00
Removing Conditions on Residency General DiscussionAffidavits/90 day filing window
Thanks for the feedback. Good to know we're in the ballpark.
jsnearlineNot TellingPhilippines2007-10-14 20:01:00
Removing Conditions on Residency General DiscussionAffidavits/90 day filing window
Thanks for the feedback. What we have at the moment are:

1. Checking and savings account statemens for each month from the date of marriage to present
2. printout from my company's HR website showing my wife as beneficiary for life insurance
3. Deed of sale for our old car
4. Purchase agreement for our new car
5. Apartment Leases
6. Certificates of Creditable Coverage for the previous medical insurance policies we've held since we got married.
7. Registration letter from our church addressed to both of us.
8. Joint federal income tax returns
9. Registration of marriage with Philippine Embassy

Do we need to submit photos or do they carry much weight?

Do you think we have enough evidence without affidavits?

Edited by jsnearline, 10 October 2007 - 10:00 PM.

jsnearlineNot TellingPhilippines2007-10-10 21:57:00
Removing Conditions on Residency General DiscussionAffidavits/90 day filing window
Over the past couple I've seen differing opinions on whether the affidavits are required or optional. What is the current thinking on this?

Is the affidavit just a notarized letter or does it need to include all the language about "under penalty of perjury under the laws of the US" that you see on documents like the I-864?

Does the I-751 need to be dated and mailed within the 90 day window or can you mail it a couple days ahead of time as long as the service center receives it within the 90 day window? Not that I suppose it makes much of a difference given the 10 month processing times shown for NSC.
jsnearlineNot TellingPhilippines2007-10-09 20:42:00
Removing Conditions on Residency General DiscussionWhat date on the NOA?
For those transferred from NSC to CSC, what date was on your NOA? The date received by NSC or the date received by CSC? Was the date on the NOA a few days after you filed or closer to the time the NOA actually was sent?
jsnearlineNot TellingPhilippines2007-11-09 13:26:00
Removing Conditions on Residency General DiscussionFor NSC Filers...
According to the Ombudsman, here's what USCIS is supposed to be doing. I'd be interested to find out if they're actually doing it this way or not.

QUOTE
12. Filed in One Service Center, Receipted in Another — What does it mean if I filed my application in one service center and it was receipted by another? Will I retain the date my application was first received by USCIS?

Response: To use its resources, USCIS has transferred cases in between the service centers to issue receipts. USCIS should be using the date your application was first received by the agency, not the date it was received by the second service center. We understand that the agency plans to put a “frequently asked question” discussion on this issue on www.uscis.gov, particularly regarding processing of transferred applications.

http://www.ilw.com/i...-ombudsman.shtm

jsnearlineNot TellingPhilippines2007-11-14 17:48:00
Removing Conditions on Residency General DiscussionFor NSC Filers...
I'm curious if anyone who filed at the NSC but was transferred to CSC can answer this. What received date was on your NOA? The date received by NSC or the date received by CSC? Looking at the USCIS receipt timeline updates, I don't know whether to look at the processing dates for NSC or CSC. According to the certified mail return receipt, our file was received by NSC on November 5th. In other words, will we get penalized for being transferred to CSC by getting a later filing date than if we had filed at NSC? In our case it doesn't really matter since we filed with plenty of time, but I'm curious if this means people filing with NSC need to take the potential transfer lag into account when deciding when to file their petitions.
jsnearlineNot TellingPhilippines2007-11-14 16:52:00
Removing Conditions on Residency General DiscussionFiling in November
Our I-751 was delivered to NSC today - pretty fast, since we just sent it priority on Saturday (I'm glad we didn't bother paying extra for express). Based on what I've read, I'm assuming the case will end up at CSC. It'll be interesting to see how long it takes to get a receipt.

Edited by jsnearline, 05 November 2007 - 08:58 PM.

jsnearlineNot TellingPhilippines2007-11-05 20:57:00
Removing Conditions on Residency General DiscussionFiling in November
We sent ours out yesterday. The file was at least an inch thick. The affidavits were the hardest part since USCIS doesn't really give any guidance on how they're supposed to be written. I took some language from the I-134 and built a template that I gave to our affiants to complete.

After seeing the horror stories from others who have filed at NSC, I'm not holding my breath we'll get an answer anytime soon. I've seen some posts that indicate that NSC is now forwarding all newly received I-751s to CSC for processing, but I can't find anything on the USCIS site about this. Can anyone point me to something official?

I'm not as freaked out about this round as I was about AOS. I'm just worried that my wife's biometrics will be scheduled right around the time our baby is due in January. Hopefully we'll be lucky and get an appointment before the end of the year.
jsnearlineNot TellingPhilippines2007-11-04 22:02:00
Removing Conditions on Residency General DiscussionWhen Does USCIS Take Old Green Card
From what I've heard, it depends on the Service Center. It seems to me NSC was requiring some applicants to send in their old green card before the new one was issued. That used to happen before the biometrics appointments were standardized. I'm not really sure what happens now.
jsnearlineNot TellingPhilippines2007-11-15 18:16:00
Removing Conditions on Residency General DiscussionMore information needed
We sent bank statements from each quarter since we got married (e.g. March, June, September, December). We didn't get an actual lease though until May of this year. Our previous landlord had us on month to month with no lease. We got him to do one of our affidavits. Hopefully that will be enough to mitigate that issue.
jsnearlineNot TellingPhilippines2007-11-08 14:36:00
Removing Conditions on Residency General Discussionconditional GC expiration
The extension letter and the expired card are sufficient to re-enter the US after your trip.
jsnearlineNot TellingPhilippines2007-11-15 13:39:00
Removing Conditions on Residency General DiscussionAny Advice VJ Members?
I would wait until the end of the month at the earliest before getting worried. I've noticed people on here seem to be getting receipts anywhere from two weeks to a month after they filed.

For more guidance on what you can expect, you can check the Receipt Delays page on the USCIS website:

http://www.uscis.gov...0004718190aRCRD

Edited by jsnearline, 13 November 2007 - 06:03 PM.

jsnearlineNot TellingPhilippines2007-11-13 17:59:00
Removing Conditions on Residency General DiscussionVacation and Biometrics
Keep in mind you have a 90 day window within which to file. You might try scheduling your filing so that the biometrics would happen after your vacation.

I have similar worries. My wife is expecting a baby in January, but they might induce labor in late December, wihich is when I'm anticipating her biometrics to probably be scheduled for. I'm hoping they get it scheduled quickly so that she gets that done before the baby comes.

Supposedly you can request that the appointment be rescheduled, but you always run the risk that the right hand doesn't know what the left hand is doing at USCIS and your case gets denied because you didn't keep the biometrics appointment.
jsnearlineNot TellingPhilippines2007-11-15 18:14:00