ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General Discussion10 year GC question

I guess the next question would be if she stayed away from USA until August, it would be more than 180 days. Will she get hassled coming in to the States?

 

This is one of those where the answer is depends.  Depends on the CBP person and their mood.  Depends on what evidence she has for maintaining US residency--i.e. your home, you are still in the US, went to take care of her parents etc.  She might want to come back to the US before going to Italy.  If citizenship is important to her than being outside the US for more than 180 days does have consquences.  Long stays outside the US as a LPR need to be well planned with all the ramifications looked into.  Always remember that only USC have to be admitted to the US.

 

Dave


Dave&RozaMaleKazakhstan2013-06-04 14:36:00
Removing Conditions on Residency General DiscussionTrouble traveling with extension letter - Aeroflot

The good news is that most people are still able to fly back to the US without any problems using the extension letter, but incidents like that make you wonder.

My 2 year conditional GC expires in a few days, and I'll be traveling home to Greece in August and coming back in September with the expired card and the extension letter. Will be flying back through Germany too.

I truly hope that nothing like that happens to me (or anyone else for that matter). I've tried going to the TSA website to see if I could find the rule saying that travel is allowed if you have the extension letter in hand, so that I could print it out and present it to anyone who might try to give me hassle, but I haven't been able to find anything dry.png

 

Does anyone know if US Embassies are more willing to provide passport stamps, just in case? I know the US Embassy in Athens isn't very busy, so you can pretty much call one day and make an appointment for a day or two later, so I was wondering if I should try to obtain a passport stamp from them while in Greece, just in case.

I know it isn't that easy anymore to obtain it through USCIS and they keep insisting you use your extension letter and you will be fine with just that rolleyes.gif

 

I checked the airline's website for our trip in August and they specifically state that an expired GC with the original extension letter is fine--the airline is KLM. SInce it is the airline you will be travelling with that will or will not allow you to travel, I would go to their website or contact them directly.  TSA does not get involved in international travel nor does CBP when you are still outside the US.  You really need to find out from your airline as that is who you will be dealing with.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-04 14:19:00
Removing Conditions on Residency General Discussionbuying a house as a conditional resident

My husband's conditional green card will be up in January 2014.  We currently are in the market to buy a house.  His parents have graciously offered to give us a large chuck of money towards the house but insist the house can only be in my husband's name.  I'm not comfortable with this, especially so close to permanent residency eligibility.  Would this be a red flag to immigration? We have joint bank accounts, investments, cars, and an apartment lease in our name.  

 

This is not a red flag or a problem as long as you have other co-mingling of assets and have filed joint tax returns (or even marriage filing seperately as long as the other is listed as the spouse).  My wife is not on our mortgage as she had no credit when she entered the US and I had excellant credit.  To put her on the mortgage would have cost us about $600 per month in additional interest due to the higher interest rate.  I will not do anything to please the USCIS in regards to living my life.  I will live my life with my wife as I see fit and hopefully the USCIS will see that we are two people trying to live our lives together.

 

It does sounds to me like this is bothering you so I think you and your husband need to discuss why this bothers you.  Is it because you are not on the Deed?  Or is it that you are worried about how this will look to USCIS?  I suggest you do some soul searching first and then approach your husband with your concerns.  You might also look into the divorce laws for your state to see if having the property in only his name protects it or not.  If it does not protect it during a divorce then it really does not matter whose name is on the Deed then.

 

good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-02 18:51:00
Removing Conditions on Residency General DiscussionBank requiring the Removal of Conditions applied for prior to receiving loan

Hello Everyone,

 

My Canadian spouse received her Greencard and moved to the U.S. Feb 1st 2012.  We will be closing on a house hopefully this month at some point. 

 

We just received a Mortgage Commitment in which states she needs to provide "verification application to remove conditions to permanent residency status has been filed ( card expires less than 12 months from anticipate closing date)".

 

This seems to be an issue as we cannot submit the I-751 application until 3 months to the expiry date.

We are going to meet with the bank tomorrow but seems as if the bank doesn't want our business until Nov 1st 2013...

 

Has anyone run into a similar issue with the bank when purchasing a home? 

 

 

You can 1) apply for the loan in the USC's name only, 2) change to a bank that does not care about LPR status, or 3) wait and comply with the bank's request. It amazes me how misinformaed some bank employees are or how strange some bank policies are.  I would ask the bank employee to produce a copy of the bank policy they are using to request this information.  You can see if going to a manager will help.  Some times you just have to use your right to go somewhere else.  For example, my parents were retired with their retirement incomes and social security.  They went to the bank my Mother worked at for 20 years to apply for a loan on a condo for my brother.  My Mother made the mistake of saying to the loan officer that this should be an easy loan.  He made their lives hell over a loan my parents had several times that amount in cash not to mention all their investments.  My Mother went all the way to the main office and complained.  No luck.  So they went to another bank.  You may have to do the same thing.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-04 16:18:00
Removing Conditions on Residency General DiscussionExpiring 2 year green card

 

 



Feel stupid for asking, but, what is "IIRC"? 

 



 

 

If I remember correctly (IIRC) she should get the extension letter a few days after the check is cashed--you can see that can't you?  For us back in late February it took 2 days for the check to clear the bank and we had the NOA1 letter in about a week.  The Bio appointment was one month after they received the petition.  Now we are waiting for the results. 

 

Do not leave the US after the GC expires unless she has the extension letter.  I agree with Gowon, why play with fire.  You did not file due to financial reasons, but she would still cross into Mexico to play football so close to the expiration of her GC.  Remember that CBP does not have to let anybody into the US except for USC and they can detain her and make her life difficult all because of an expiration date on the GC and a bad day for the person she encounters. Now of course she may have no problems even if she travels on Sunday.  Unfortunately dealing with CBP is like playing Russian Roulett without knowing how many bullets there are and how many empty chambers there are.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-31 22:32:00
Removing Conditions on Residency General DiscussionRemoving conditions on residency

amykathleen2005

 

Amykathleen2005, Bigdog and Bewildering. Thank you so much for your clarification.

 

Yes I have more than 2 years of Bank statement showing my spouse as the authorised signer of my checking account from 2010 till date. We filed joint tax together -2010, 2011 and 2012 . we have joint lease together showing all the addresses we have lived together and all the bills, including Entergy,comcast and water bills( some of the bills are in my name and some on her name but showing all the addresses we have lived from 2010 till date. We do have Joint insurance Identification card and joint Auto insurance together. She is also the initial beneficiary of my life insurance and retirement plan from my Job.  We also do have our State ID/ driving licence showing our old address before we move, we could not change it to our new address becuase it has not yet expired. 

 

I also included her in my dental and vision insurance plan from 2010 till date which she has been using till date. she also added my name to her bank checking account, but mostly pay all the bills and rent with the check where i made her the authorised signer when she added her own to complete the bills and the rent. We also do have personal loan people have given us but we repaid the loan using our joint checks, i do not know if it is necessary to include the loan repayment in the package since it is personal loan we paid the people.  Joint Sam's club together, Joint purchase computer and various joint checks to show activities from 2010 till date with few other financial documents arising from our checking accont and various joint notice of statements from our Bank

 

We dont have a joint credit card for a reason and we have not been blessed with any kid.  Please advise me if there is anything i have not added in the package. Your help will be highly appreciated

 

Wills, Power of Attorney, Health Care Power of Attorney.  Anything that most normal people do to combine their lives.  Vacations together, money sent back to the imigrants family for birthdays or anniversaries or in general.  Taxes and joint accounts are good evidence.  Utility bills, photos, cards and things lie that are no as useful. 

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-05-12 14:24:00
Removing Conditions on Residency General Discussionhow long does it take to get the extension letter?

NOA1 when travelling abroad. A few countries have issues with this but most don't.

 

Actually it is the airlines that have issues with it.  As long as you satisfy the entry requirements of the country you are travelinig to and leave when you are suppose to the country does not care.  It is the airline that you have your return trip with that cares as they do not want to have to haul you back to teh point of origin at their expense should you not be admitted to the US.  So the make it a point that all people traveling to the US have a US passport, visa, VWP, or GC in order to be admitted to the US.  They do not see the expired GC and extension letter very often.  I checked with KLM and they will accept the expired GC with the ORIGINAL I-797 that extends the GC for a year.  You might want to check with your airlines if they are aware of the extension letter.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-30 14:41:00
Removing Conditions on Residency General DiscussionHow to Answer Question 22 on I-751 Form!!!

Good Morning Everyone!!!

I will be filing my ROC next month and I want to make sure I answer everything correctly.

I want to know the Answer for Part. 1

number 22. Have you resided at any adress since you became a permanent resident? If yes attach a list of all addresses and dates?

 

I move 3x since I got my conditional green card. So I need to Attached all the addresses right? Please somebody help me and clear this for me I'm confuse. Thank you.

 

Another question. Can I buy the money order now? Or should I wait next month for my filing date?

Also for the list of Children I write down my daughters name but she's deceased is that ok?

 

Anybody can help me clear this up please. Appreciate y'all.

 

God Bless & Good luck to everyone!!!

 

 

 

Yes you are to list all address you have lived at starting with the most recent and going backwards until you arrived in the US.  Also, did you know that you are REQUIRED to file an AR-11 form within 10 days of each move?  I would go here and complete one on-line before mailing in your ROC.  Did you also know that once the AOS is approved, the USC spouse is REQUIRED to complete the I-865 for each change of address also?  I would have your USC sponsor compete the I-865 before you complete the ROC.  I would use a personal check from the joint checking account to pay the fees as this shows them that you have a joint account and are paying the fee with it.

 

For your daughter I would list her name, DOB and for the address I would put in DECEASED followed by the date of death.

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-10 09:35:00
Removing Conditions on Residency General DiscussionWhat Is the Proper Way to Reschedule a ROC Interview?

Hey everyone!

 

I posted this question in a previous thread but did not receive a response. Basically, I am travelling to Egypt in a few days for a month while my ROC application is still pending. In case I am sent a letter for an interview, what is the proper way to reschedule if I am not in the US at the time?

 

Thanks in advance!

 

First you will need to know about the date of the interview if you have one, so someone will have to look after your mail.  Second, the instructions for rescheduling are on the form--follow them.  Third, the ROC is taking about 6 months so unless you are gone for 4-5 months, chances of missing the interview are slim.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-13 23:35:00
Removing Conditions on Residency General DiscussionPlease help, USCIS made an error and now we may suffer

hi there,

this is long, but can you offer me help or suggestions?? cheers.......here we go: in the beginning of april we filed the i-751 for my husband's condition removal, his GC expires june 3rd. i sent 30 or so pages of evidence including our daughter's copy of birth certificate, pictures from the delivery roon, etc. on may 10 i received a single paged letter with a rejection notice saying i filed the wrong fee. I wrote a check for $675... $505 for the form fee, and $85 for my husband and $85 for our daughter... all on one check.e i called the service center asking for help as i believe i sent the correct fee, and where was all my evidence peper work that was mentioned on that single pice of paper that it was included in the envelope??? the agent said i DID send the correct fee, and one check was correct, and they must have been mistaken and they regret to tell me ALL my evidence was shredded and i would have to resend everything. i was very upset. 2 days later, all my evidence shows up in the mail, in one piece. i call again and they say again, i did send the correct amount and they made a mistake... they even had me speak to a higher level of customer service who confirmed they made an error and to resend everything. i of course wrote down everyone's names and badge numbers. the lady at the higher level of customer service actually told me to print out the directions from the internet and use an orange highlighter and highlight the directions of the form filing fee for whoever gets my package of evidence!!! aren't they supposed to know this??? anyways, this is our lives we are talking about here so i was kind and grateful and resubmitted all my paperwork, as is, with an acccompanying letter. this was may 15. now, i have not heard back from anyone, my check has not been cashed, and my husband's card expires tomorrow. i know i could have sent this out in march, but there was evidence we were waiting on that came in april, plus we were on an overseas trip visiting his family. i called the office and they said i would have to wait 30 days to find out what is going on. i am scared that their error is going to make us suffer. we have had so far a fairly smoothe and easy process since we got married and my husband got his GC in less than 6 months. now i worry that their error will cause us to be rejected. what do you think??? thank you so much for reading this story, i am grateful for your input and this website. cheers, jill


You did keep a copy of the letter when they rejected your first application, didn't you? If so, I would not worry as I would pull that out to show them it was their error. I bet you will be getting the NOA1 and GC extension letter soon. It would appear a lot of people that filed in mid-May have not seen their checks cashed. Must be a lot of people that go on vacation at the USCIS and when the Memorial Day holiday is over work will begin again. Fingers crossed that the person who processes your second application can read and understand the English language and that they understand that the fee is correct.

I would only begin to worry about the middle of June and then I would make an infoPASS appointment to ask ####### is going on here and see if you can get them to stamp your husband's passport with a temporary I-551 that expires in one year (same as the extnesion letter)

Good luck and I hope you get some results soon,

Dave
Dave&RozaMaleKazakhstan2012-06-02 11:52:00
Removing Conditions on Residency General DiscussionWhat happens if GC expires while still waiting to hear from USCIS?

Hi guys,

I just sent my husband's I-751 packet this past Friday. (####### it's delayed at the PO in California!!) My husband's GC expires June 30. Assuming that there aren't any problems, will this be ok do you think? What will happen to us if they're still processing our stuff and his GC expires? Will he have to go back? Can anyone hook me up with a link for what to expect while waiting for them to finish processing?

THANKS!!


Guarantee that the GC will expire long before they are done with the processing. You will be lucky to receive the NOA1 before June 30th and the bio appointment letter by mid-July. As stated above, the NOA will extend the GC for 1 year.

SIt back and relax as you wil be one step closer to not having USCIS in your lives (assuming your husband goes for naturalization otherwise it will be 10 years before dealig with USCIS again).

Dave
Dave&RozaMaleKazakhstan2012-06-04 12:13:00
Removing Conditions on Residency General DiscussionQuestions on removing conditions documents

Anyone who been through removing conditions and naturalization for your foreign spouse, please let me know if that's the case. Because I'm unable to obtain so many original birth certificate...

Thank you.


Just to pick niks but there is only ONE original document and the rest are certified COPIES. I hope you are talking about certified COPIES. There is no place within the instructions where it states they want a BC. So no BC is required for AOS. I would hope it is part of the record and they still have the one you sent in the first time.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-06-13 22:34:00
Removing Conditions on Residency General Discussionneed help, min poverty,and moved

I did prove that for my AOS but for ROc i wanst sure and now i just need to know about the moving issue


Once you officially move you have 10 days to inform the USCIS about your move by filing form I-865 for the affidavit of support for the USC. For the non-USC you also must file the AR-11 which can be done on-line. Keep the receipt notices that you did in fact file the change of address for BOTH so you can show USCIS you are playing by the rules. When you file for ROC, you will no doubt use your current address for the address on the form--this should match the address they have on file.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-06-17 00:51:00
Removing Conditions on Residency General Discussionneed help, min poverty,and moved

Hi thanks for the info, I have a huge problem now....i got the change of adress done piece of cake....but my job pays a base of 15700 with out my commisions.which is where my money is going to come from as i am now a recruiter....but i looked through the guide on here and the instructions on the uscis website on how to remove the conditions and it says nothing about filing the affidavid of support so should i really worry about it since it does not say to send the affidavid.



Okay, you are filing for ROC not AOS so no affidavit of support is needed. However, you do need to file the I-865 for the change of address if you are the one who sponsored your wife using the I-864. You need to do that before ROC so you have record that you complied with the requirements of the I-864.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-06-16 15:35:00
Removing Conditions on Residency General Discussionneed help, min poverty,and moved

I have 2 things to throw at ya, first and formost money do i have to prove that i make 125 percent above poverty. Ill tell ya the situation im in basically we went to germany for 3 months so i quite my job and when we came back the jobs were not hiring. So it took me 6 months to find a job and I just got a new job and i dont know if i have to make 7k more then what will say on my w2. This is huge so help asap please the second thing is we had to move to find a job and we moved across country to i need to fill anything out for the uscis to cover our butt and also so when we file to remove the conditions they have our file thank you in advance


As stated above, you need to prove the current job meets the 125% above the poverty level for your household size-if you and your wife that's 2, any children you or she are responsible for adds to that number. You need to inform the USCIS anytime the non-USC moves within 10 days of that move by completing the on-line AR-11 form. After AOS the sponsoring USC must also inform USCIS of any move until the sponsored person is no longer subject to the terms of the AOS--so if you happen to not make the 125% and need a co-sponsor, that co-sponsor must inform USCIS anytime they move. That is why some people do not want to be a co-sponsor, plus the fiancail liability that is looming out there.

Hope this helps,

Dave

Edited by Dave&Roza, 16 June 2012 - 03:06 PM.

Dave&RozaMaleKazakhstan2012-06-16 15:05:00
Removing Conditions on Residency General DiscussionSeperated due to job related issue, do we need to report to USCIS?

Hi. I would like say thanks first to whoever can give me some answers or anything. It is greatly appreciated.

My wife came to US with K-1 on October 2011 and got her 2 year green card on March 2012. She wasn't able to find a decent job around where I stay for school (Southern California), so she moved to where I originally came from and where she used to live when she was in US before (Northern California). It just popped in my mind that I read somewhere that she needs to report to USCIS if she moves. And when I searched she does have to.

My question is, if we report that she moved to different area alone, would it complicate things in future I-751 process? If it may complicate things, would it be good/bad idea to keep it from USCIS until I-751 process? She could come down to my area where we have the address on file for the interview when time comes.


She must report any address change within 10 days. Your residence is where you expect to park you shoes at night and sleep in what you call "your bed". You as the USC must report your address change using the I-865 form until she fulfills the requirements to be released from the I-864 form you signed for AOS. That is what is in store for you.

I say live your life as you see fit, not how it looks to some government employee who will be looking at your case for ROC. I feel that if I am still married when ROC comes around that is 95% of the battle given the differences in cultures etc. As long as you can explain why you are seperated. You could even argue that your school address is temporary and you expect to live premently at the address your wife uses. Since you are in school, that is a whole different ball of wax then a couple living apart for employment reasons, but I would still tell them to not worry (as a mater of fact I did in another thread where the wife moved to a different city because she could not find a job where her husband was living). I would make certain to follow the rules regarding the change of address and document all visits.

Good luck,

Dave

Edited by Dave&Roza, 21 June 2012 - 08:59 PM.

Dave&RozaMaleKazakhstan2012-06-21 20:57:00
Removing Conditions on Residency General Discussionquestion on removing conditions

Hi,

I wonder if both my husband and I doesn't make above the property line, and doesn't have the 2 years tax return, because he got laid off. Will we need a joint sponsor when my husband remove conditions on his green card?

Thanks in advance



I agree with Jay-Kay, file the tax returns as joint so you have them as proof of co-mingling of assets. You are still on the hook for your husband's AOS when you filed the I-864 so why would you need another? ROC is about the marriage being ligit more than being about if you can support yourselves. Tax returns filed jointly and assets in common are the most important documents you need for ROC. After filing those back tax returns, order tax transcripts to so USCIS that you filed those taxes as married filing jointly.

Good luck,

Dave

Edited by Dave&Roza, 22 June 2012 - 02:11 PM.

Dave&RozaMaleKazakhstan2012-06-22 14:10:00
Removing Conditions on Residency General DiscussionQuestions about filing for my ROC.

Adding on, I read somewhere you get a confirmation as the beneficiary if you change your address, but I changed mine online and never received one. Is there only a confirmation if you mail it? Thanks again!



Y(ou should have seen a screen that told you to save this page as your confirmation. It will not matter as all information will be sent to the address on the ROC application. I only received a mailed confirmation for the I-865 I filed as the USC. You can go on-line and do another one if you want to make certain you get a confirmation number.

Dave
Dave&RozaMaleKazakhstan2012-07-01 21:21:00
Removing Conditions on Residency General DiscussionQuestions about filing for my ROC.

Hello all! I have a few questions as I will be filing for a Removal of Conditions (I-751) for my expiration on February 14th, 2013. I'll need to file 90 days before that due date, so just after the 17th of November will be safe.

My questions are, that for proof that my husband and I married in good faith, there are some things that I am unsure of that will work or not.

First of all, We sent a change of address to the USCIS (non register mail) within a week of moving into our home that was purchased at the beginning of September, 2011. I'm unsure if it ever reached the USCIS, and do you think they would be upset if I resent it Registered mail, writing a page in the front saying we are re-confirming the change of address that we mailed in September (Mine as the Cond. Resident, I was able to do online, but my husband the US Citizen, had to mail it in.) I'm just worried for when I start writing out the form and put both of our addresses on it for this home, it may not be recognized.

Second question, my father-in-law is an accountant, and has been doing my husbands families taxes since he became one thirty years ago. I recently saw that our tax return cheques were being sent to our old address at an apartment, and not to our home. Once I saw this though, the IRS was instantly notified of our real and new address. (Yes, I am thinking my Father in law, since he used imported information, our old address was still used unless there was a mix up.) I am worried that our 2011 Tax Transcript wont have our HOME address, and the accidental Apartment address still. Will this be a problem?

Third question, is that my name was never put on the deed to the home that we purchased. We were told multiple times that I wasn't able to get my name on the mortgage (which was fine since I had no credit, and it would have to be under his name) But I still wasn't able to get it on the deed? I may have to quadriple check, but my name not being on the deed may be a HUGE red flag and a chance for an RFE. My name is jointed with our medical, dental and auto insurance, but not the deed of the house. I am also jointed in our bank account, my name and his name on the cheques too.

Fourth question, my name for my A-Card and SSN was never made my Married name, and it carries my Maiden name. For the form in part 1, am I able to write it as my MARRIED name, even though my married name isn't used on my A-Card or my SSN? And under part 3, for additional names, can I put my Maiden Name as another name? Do you think if I requested my unconditional card to be in my married name it would work? Or will I have to pay money to have everything changed into my married name once it's completed?

My final and LAST question (I'm sorry I have so many!) I am pregnant! I am due December 8th, but I can file earlier in November. I don't know how long it takes to receive a birth certificate for the child, and wondering if it would be worth cutting it SO close to the Expiration date to wait for it. I know it would be a very good document to consummate the marriage, but I am also worried about my last name being changed, and being able to travel with my child if the birth certificate says My name with my maiden name, and then my husband with his last name on it. Then I could never use it as ME being the mother, because I wouldn't have ID for proof being the mother with my maiden name anymore if it get's changed into my married one (woo, I hope that makes sense!) If anything, can my name be changed in a few years when I apply for citizenship? Name finally changed to my married name for my Citizenship AND for my SSN? I'm entirely unsure.

In fact, I am entirely unsure about any and all of what I've written. Please let me know if you need more information from me, I would be happy to give it! I'm not a new member here, I don't have the e-mail anymore that I used with my old account, and the password has been long forgotten. This community helped me get where I am today, and I am so grateful! I apologize for making a new topic, I was unsure if I was to or not. I appreciate any help that can be given!


I would just send in another I-865 for your husband to be safe as I received an NOA1 for the change of address. Send in the tax transcripts and do not worry about the address. It is the information that is improtant and that is tied to the SSN of yourself and your husband. People move and addresses change. Some times we remember to notify people and some times we do not, to me no big deal.

For the deed it is not that improtant (or at least I hope so as my wife is not on the deed as she is not on the mortgage). We have joint investment accounts, joint CCs, and joint tax returns. IMHO you should live your life as you see fit and not how it looks to some pencil pushing government employee whose own marriage may not stand up to such close scrunity. You can file the ROC in your married name and the 10 year GC wil be issued in that name. Then you can go about changing the SSC and all other IDs into your mairred name. The next chance you have to do this for free is during naturalization. I would file and if you have an interview you can take the baby's BC to the interview. Having a child only proves that you had sex with someone unless you shell out for a DNA test (sorry to be harsh about this but think of it like you are presenting evidence to Judge Judy to convince her you are married to your husband and it was not for immigration benefits). The USCIS wants to see co-mingling of assests or to put it another way the USC is risking his/her assets by placing them in joint control with the immigrant spouse.

So my take on ROC is to live our lives together for two and a half years and slowly combine those lives and the assets we have and document it for the USCIS. After our first year of marriage, I feel if we make it to ROC we are doing good as it was a very rough first year, but things are getting better. So live your life as you see fit. Document trips together and other things a typically family would do. Include all evidence of joint tax returns and accounts. If you cannot be put on the deed so be it. Maybe having wills drawn up, power of attorney, health care power of attorneys, or a quick claim deed for the house to give you ownership if that is in your best interest (I told the wife to cash in al lthe investments before the bank can put a lien on them and go home and let the bank deal with the house :devil: ). I do not put a lot of faith in utility bills as anybodys name can be put on them. Car titles, auto insurance with both listed as insured if you both drive (my wife does not drive so we do not have that).

Personally I think you will be fine as your questions are mainly about your address and the deed to the house. All can be explained.

I wish you well and good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-01 21:19:00
Removing Conditions on Residency General Discussionold address new address

I have the same situation as well. However in this case do you also fill out the "Electronic Form - AR-11" (Change of Address). I read on USCIS.gov that a change of address should be done within ten days of moving to a new address. I have not done that since I moved to the new address. Would it be sufficient for me just to include a separate sheet of paper listing all prior addresses?

Thanks.








File the AR-11 on-line and print the confirmation page. You are SUPPOSE to notify the USCIS of your address change within 10 days. Just like you are suppose to notify the DMV. Also the USC must file the I-865 form when they change address and have an I-864 in force. That is also supose to be done within 10 days of moving. I personally would file both change of addresses ASAP and then list the new address on the form with the old address as previous. This is one of those small details of this process that most people forget about or did not read about it.

Dave

Edited by Dave&Roza, 07 July 2012 - 05:44 PM.

Dave&RozaMaleKazakhstan2012-07-07 17:42:00
Removing Conditions on Residency General DiscussionGetting Ready To File ROC

I see your number for tax transcripts.. I'm ignorant to why they are better than regular copies.. can you explain? I'd think being a federal entity they would be able to verify your tax status easily if it was questioned... but I'm not any expert.
Thanks!



Tax transcripts are what you sent into the IRS and thus are very hard to fake. The USCIS accepts them as is. For copies of your tax returns you need to include a complete tax return with W-2s and 1099, etc. Miss an important schedule or supporting document you get an RFE for it. With a tax transcript the information is all there and less chance to get an RFE. So that is why it is recommended to use tax transcripts.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-10 20:26:00
Removing Conditions on Residency General DiscussionROC without physically having Green Card

Hey all, just a quick one.

I recently had my green card stolen! nightmare. This is the situation, which i am going to discuss with the USCIS also, but was hoping to get some more info here.

I am due to remove conditions (approaching the 90 day window) on my 2 year green card, and part of the evidence they require with the form is a front and back copy of the green card... like I have already said, my green card was stolen. I do have a front copy of the green card, but no back copy.

My questions is, is there a way around this, because the sonly option seems to be would be to replace my stolen green card, take copies and file to remove conditions...however, it could take a long time to receive the replacement green card, and there is no guarantee it will arrive in time for me to remove the conditions!

Really dont know what to do with this one! any help would be great!

cheers,

Olly


Do you have a police report about the stolen GC? If not, get to the police station and file a report, get a copy, and make an INFOpass appointment. At the appoitment take the copy of the front of your GC, the police report, and a completed I-90 form with the application fee and mention that you are approaching the window for filing ROC. This is one reason I made a copy of my wife's GC front and back so I could submit ROC without worrying about having the actual GC.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-13 20:48:00
Removing Conditions on Residency General DiscussionNames don't match

Okay, so just finishing going through paperwork. We have a sufficient amount of financials and all of that. We were going to send letters sent to us as a couple as a supplement. I go by a hyphenated last name (mine and his) and my husband by his own last name. On Facebook my husband also goes by the hyphenated name as well so we match (he is thinking of hyphenating his name too, but it is a longer process). And of course with a hyphenated last name you have people who just don't get that it is my actual name and despite seeing the hyphenation refer to me as only my husband's last name.

Ex:
Me-Mrs. Smith-Jones
Him- Mr. Jones (informally Smith-Jones)

Letters include, Mr and Mrs. Smith-Jones, Mr and Mrs. Jones and Mr. Jones and Mrs. Smith-Jones.


So long story short, we have lots of mail but some of the names don't match up from personal letters. Didn't really bother us as people got used to the name, but officially it isn't correct. Should we send these anyway as proof of common residence and friends?



Financial co-mingling and taxes are the two most importnt items to show you are "taking a risk with money" on each other. Utility bills, letters, and to some extents affadavits from friends and family members are secondary evidence IMHO. They want to see your lives joined like most common people. That means filing taxes together, having joint bank accounts, having a common address, and doing things as husband and wife (i.e. vacations together, wills, power of attorney, added as beneficiary to life and health insurance unless there are good compellig reasons not to). I would not worry about the last name issue. We finally received a letter from a company with the wife and I listed with her lastname as she kept her maiden name.

For AOS we sent in the marriage certificate, a few photos of the marriage ceremony, joint tax return for that year, car title, and proof she was added on my health insurance and life insuracne policies. That was all we had and the interview was short and sweet. For ROC we will have a little more like joint bank account and CC and there are the invvestments I/we inherited from my Mother. She is not on the mortgage or deed to the house.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-15 23:29:00
Removing Conditions on Residency General DiscussionLifting Condition

What document we need to prepare for lifting condition requirements?



Go here and read the guides on what you need to do. You basically need to file the I-751 along with the $590 filing fee and supporting documents.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-19 12:05:00
Removing Conditions on Residency General DiscussionAnother I-751 question

In section 3 question 7 it asks;

Have you ever been arrested, detained, indicted , charged, fined or imprisoned for breaking or violating any law or ordinance (except for traffic violations) or committed any crime which you were not arrested in the united states or abroad?

On my DS-230 I declared my juvenile incident and supplied the paperwork to back up the incident, but do I have to tell them again for this question and submit the same paperwork?.....Its kind of confusing that they would ask this again?


advise appreciated


That catch all phase of "Have you ever..." would get a yes. You could state that the information has already been submitted and then if they issue an RFE for it, you provide it again. At least the FAA allows you to state already reported no change for health issues as they realize that once reported you keep answering yes because of the way they phase the question. Maybe the folks at USCIS will realize that they have the information and not request it again. I would still answer "yes" to the question. As to providing the information again or mentioning that it was previously reported is up to you.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-24 14:33:00
Removing Conditions on Residency General DiscussionI-750 removal of conditions documentation

Hi All-

I am starting to do the research to have all documents in place to apply for removal of conditions for my wife's green card. Planning to apply exactly 90 days prior to her granting of status. My question is, I have plenty of documentation with respect to home, bank accounts, car, etc which we own jointly; also photos together here in the US etc. I am wondering how many of you, if any, turned in those affidavits from friends who know you as a couple. This is a bit of an overkill I think and only necessary if you don't have the other documents. What say you all, VJ-ites?

Thanks, KP.


I realize the ROC thread about what evidence to give is a bit dated, but Gary and Alla did have a talk with someone from the VSC about what is considered good evidence and what is not so good and what is worthless. The affidavits were in the not so good category. Financial assets and other items where money is at risk are the better types of proof. That is what I am going to send in come next February.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-31 16:44:00
Removing Conditions on Residency General DiscussionROC

Hi Guys,
I have a question about my GC it will expire 01/24/13.
When will the USCIS send me a letter?Or what is my expecting month?
Can anyone give me an estimate month please?Thats all for right now.
Im new here and Im sure I'll be asking alot of question soon since
I will be filling my ROC somday:-)
Thanks in advance for you input...



You may or may not receive a letter form the USCIS to remind you to remove your conditions. You have a window to file the ROC that starts 90 days before your GC expires and ends when your GC expires. Failure to file the ROC causes your status to be revoked and you can be deported. So you can file starting October 26, 2012. Just make certain the USCIS does not receive the ROC before that date.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-29 22:24:00
Removing Conditions on Residency General DiscussionRemoving Conditions with very little evidence?
Since you are divorced you do not have to show co-mingling, but that the marriage was entered into good faith and not for the GC. You can use his Army record, the first interview, and the text messages to show how he was acting and why you divorced him. I am assuming that the taxes were filed as married filing seperately so you do not have a joint tax return to use. If you have the joint account statement before you closed it, use that. You can use your tax return to show you were trying to avoid having him pay the tax liability even though in some states it does not matter as the spouse is on the hook for the others debts. Then show the divorce papers and file the ROCS by yourself with the waiver and see what happens. If you left the GC expire you will be deportable. Just show that you married him, started to build a life together, got hit with the tax bill, found out something about him during the AOS process that caused your relationship to go beyond the ability to repair it so you got a divorce and are now filing for ROC without him. Just make certain to paint a very good picture of this journey--lots of evidence would be good.

I wish you well,

Dave
Dave&RozaMaleKazakhstan2012-08-04 22:03:00
Removing Conditions on Residency General DiscussionLifting Condition

Hello everyone,
My Lifting of condition will be so soon to process, anyone of you have idea what requirements to send? i'm glad if you could share me your ideas thanks you in advance.



Co-mingling of lives like tax returns filed jointly, financial accounts in both names, employment benefits with thesother spouse listed as beneficiary, wills, powers of attorney, etc. They want to see that your lives are following the norm and you are both taking risks by merging your lives together. Utilitiy bills and photos IMHO are secondary evidence. Trips you have taken together. Each situation is unique. Send them what information you have to show you are sharing your lives together.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-22 14:21:00
Removing Conditions on Residency General DiscussionVacations and ROC

:devil: Hello everybody!! Here we go again :blush:

Well... Im going to Mexico in December to see my family with my new baby doll :star: Do i need something else than my green card for come back?

My green card expires in September 2013 :help: it will be fine if i go out oss USA for a month?
Also its true that one more year and i can apply for citizenship?

Thank you guys!!! :innocent:


Based on your timeline your LPR status started 03/08/2011. You have be be a LPR AND married to the USC for 3 years to become a USC based on marriage. So you have until 2014 and can file 90 days before that date. As long as you meet the residency requirements outlined on the N-400. you can file for naturalization and traveling outside the US is not a problem. Just use your passport and obtain the appropiate visas (those required of a Mexican Citizen visiting that country) and use your GC to re-enter the US.

Good luck,

Dave

Edited by Dave&Roza, 06 August 2012 - 10:45 PM.

Dave&RozaMaleKazakhstan2012-08-06 22:43:00
Removing Conditions on Residency General DiscussionTrafic accident

Halo vj member , I read it a lot about traffic accident and speeding ticket. But I still confused. Can someone help me about my case. I already sent I 751 to USCIS and already get NOAI . But I think I am wrong when I am answer part 3 no 7 , Have you ever been arrested, detained, charge........... bla bla bla ( excluding traffic regulation )............... I put No for that question.

My problem is no 1 : 1 1/2 years ago policed on military base stop my car because my speed on the military base. But in military base we did not get a ticket for that. They just give me a point and the point only on the base, not for out side base. So in my dmv record i dont have a point or fine or ticket or anything. So what I must answer part 3 no 7.


problem no 2. Still on marine base I will park and I hit other car, only a little accident. No police and my insurance pay for that damage. And my husband Asking on dmv, they told my husband, since the accident on the base no need to report to the dmv, So I did not report to the dmv. No ticket nothing.
Still the problem is part 3 no 7. Because i read it EXCLUDING TRAFFIC REGULATION so i put no again.

Problem no 3. My car hit rear ended by other car out of marine base, not my fault and police came to that accident and make a report. My car totalled and her car totalled too. Her insurance pay for all and for my hospital too. Absolutely her fault. Still the problem is part 3 no 7. I must answer yes or no. Because I only a victim. In my driver record, just say i have accident. No ticket nothing.

Now I really confused with my problem. Can they denied my case. Because I already send to uscis. And in really traffic accident is part 3 no 7 or no because they say excluding traffic regulation.

I hope somebody can help me. And thanks for helping me.



I would not worry about it as the instructions state that you need to list all occurances where you are arrested or detained by LEO, but Questin #7 excluding traffic violations. So as long as it is a minor traffic violation (less than $500 is the amount I have heard) I would not worry about it. Plus the DMV does not have record of the ones on base and the last one was not your fault. If it should come up IF you have an interview, just be honest and state that they were minor traffic offenses.

Good luck and relax you will be fine.

Dave

Edited by Dave&Roza, 19 August 2012 - 08:05 PM.

Dave&RozaMaleKazakhstan2012-08-19 20:04:00
Removing Conditions on Residency General DiscussionLeaving the US with a 2 Year GC

is their a loophole where if she visits the usa x amount of times during the year it stays active? how will you be paid if you relocate? for example, i was an expat in singapore for two years but i was still paid into my us bank account. i exempted my taxes but still filed every year and now that i am back, it doesn't look like i ever left because i was still paid here. i changed my mailing address to my parents while i was away but as you know, most everything can be done online so paying bills, transferring money, etc. was not a problem. if you do have this, i do suggest you add a local family member to your account because i got my purse stolen in hong kong once and having someone with access to your account will help!

i don't know but i feel like there has to be a way. how would it be different if she got her greencard and didn't choose to work in the us? if you are a true expat in australia and still paid into your us account, you can still file a married the same as if you were here and she was not working. i am no accountant, no lawyer, and these are just merely my thoughts and probably not the best but just trying to think outside the box!


There is no loophole. As a LPR she must maintain her residency in the US or it is abandoned. Filing taxes is one way to maintain that residency. The other is physical presence. You must be in the US more than a foriegn country or CBP will see the time outside the US and not let you enter unless you have a re-entry permit. Before leaving you can file for a re-entry permit, I-131, that will allow her to remain outside the US for up to 2 years without abandoning her LPR status. If your job requires a period of more than 2 years then she will need a returning resident visa or just abandon her LPR status and then file for a spousal visa as mentioned above. I too would not let the immigration process affect this decision. Make the decision based on what is best for you and your wife with the knowledge of the immigration ramification and what will be required if you both want to return to the US at some point.

I wish you well,

Dave
Dave&RozaMaleKazakhstan2012-09-07 16:32:00
Removing Conditions on Residency General Discussiontravelling outside of the US during removal of conditional status

Hello guys,

I am here to ask for help to those who know the answer to my question and had experience the same scenario. My green card expires on the 21st of Dec. of this year and so I am going to apply for the removal of the conditional status pretty soon (I think it should be on the 21st of Sep.).

My question is while applying for the removal of the conditional status am I able to travel overseas? I intend to spend my Christmas in the Philippines from Dec. 17 until Jan 5. Am I going to get a letter telling me of the extension of my green card and would that be sufficient for me to present going back to the States? or if I travel to Ireland would I also need a green card? What should I do? Please advise...:)

Please help.............

Jona


Be careful! 90 days from December 21st is actually Saturday the 22nd of September. The first working day within the 90 day window is the 24th of September. They are very strict about this and should it arrive on the 91st day before the expiration date it will be returned. Given that you have a 4-5 month wait (or longer God forbid) what's a day or two just to make certainit is not rejected for being early?

Good luck and congrats on getting to this point,

Dave
Dave&RozaMaleKazakhstan2012-09-06 16:20:00
Removing Conditions on Residency General DiscussionChange of Address

Hi,
I completed AR-11 online for my wife after we moved in Jan 2011, and i also mailed out I-865 for myself. I even have the confirmation for the address change. But, last week we got a letter from USCIS at our old address. Even though i did both AR-11 and I-865 for the change of address, it seems like they have not updated our profile.

I called them and the person i talked to told me that since the case is no longer open i might have to go to the local office. Does anyone else had the same issue? Should i go to the local office?

thanks


You have complied with their rules and have the proof. I would not worry about it and file the next series of forms with your current address. Let us hope they use that address to mail you all stuff related to the new application or petition. Why would you want to visit the local office for this?:lol: . There are more important things to worry about than an address with the USCIS with no active application/petition.

Dave
Dave&RozaMaleKazakhstan2012-10-10 18:23:00
Removing Conditions on Residency General DiscussionMoving twice during ROC

My wife (permanent resident) and I are moving twice during her Removal of Conditions. We are going to be at our current location for the next 2 months before moving into ur our new home. Should I fill out the AR-11 change of address form twice or just wait until we move into our permanent location? I already contacted USPS to forward our mail from our former residence to our current temporary location.


First, the USCIS will NOT allow the USPS to forward any of their mail. It will be returned to them and you will receive an e-mail notification, assuming you signed up for that, that the letter was returned--you can then call them and have them redeliver it to the address you give them on the phone. I would put a vacation hold on my mail at the old address for up to 30 days---this assumes that the two locations are not too far apart and going to pick up the mail is not too inconvient. Your post office may let you do a second vacation hold for another 30 days--I would ask them. Do a change of address to the new location when you actually have access to the mail there. Do not forget to do a change of address for the USC sponsor on the I-864 form using form I-865.

I hope it all works out for you,

Dave
Dave&RozaMaleKazakhstan2012-11-01 12:18:00
Removing Conditions on Residency General DiscussionROC AND CHANGE OF ADDRESS
Duplicate post deleted


Edited by Dave&Roza, 01 November 2012 - 04:49 PM.

Dave&RozaMaleKazakhstan2012-11-01 16:47:00
Removing Conditions on Residency General DiscussionROC AND CHANGE OF ADDRESS

Okay, I have a question now, because it's the second time I see someone talking about this form I-865 today.
We moved to our current address in 2010 and I did the change of address online and this year I got the reminder to file for ROC but it was sent to our old address too. I thought it was weird, so I mailed the change of address this time and added a copy of the AR-11 I did online and highlighted the date so they would see I sent it 2 days BEFORE we moved, and when we sent our ROC in May and we added a copy of that as well.
They sent my NOA and Biometrics letter to our current address.

But we didn't know about this form I-865, we didn't see anything about that on the AR-11 page when we did the AR-11 online so my husband never mailed it.
Will we get in trouble for that??? :(


The requirement for filing the I-865 is mentioned in the I-864 instructions on page 4 near the bottom and it is a requirement for the USC. Maybe the LPR's file is not totally updated unless the I-865 is also filed, but other than that there is not a whole lot they can do to the USC as there is no mention of fines.

I would just file the I-865 and keep the NOA1 when it arrives. I scanned mine into the computer like everything else in this process and it is on more than two locations for back-up.

No worries,

Dave

Edited by Dave&Roza, 01 November 2012 - 04:49 PM.

Dave&RozaMaleKazakhstan2012-11-01 16:47:00
Removing Conditions on Residency General DiscussionROC AND CHANGE OF ADDRESS

Hey guys,

I received my reminder letter for ROC but it had been sent to my previous address, thankfully, the person who moved into that address, we keep in touch and he forwarded the letter to my new address. I filled the AR-11 last year and mailed it to USCIS but its like they never changed my address coz I didnt have a case pending. I even called to confirm that they received my new address and they confirmed it was changed :( . Now, I received an AR-11 Form to file for a change of address again :angry: .Im sending my ROC paperwork soon, should I include a copy of the AR-11 and also mail the same to their Kentucky office like they asked me to do???


Did you also submit the I-865 for the USC sponsor on the I-864? That needs to be done as well. I did the AR-11 on-line rather than mailing it in for my wife. The I-865 has to be mailed in. When you file for ROC the USCIS should use the address you put on the application as your current address. I would not worry about it until it has been several weeks and you do not receive your NOA1 for ROC. Like I said, one would hope they use the address you put on the application for ROC. At least you have a way to get mail at the old address; that is a very big plus.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-11-01 12:07:00
Removing Conditions on Residency General Discussionchange of address

I meant to say we're about to file for the removal of conditions. not the adjustment of status.



If you are now living at the new address and have not filed the AR-11 on-line and mailed in the I-865 do so before filing the ROC. Then put the new address on the ROC applicaton. Given the number of businesses and government agencies one has dealings with, it is hard to remember who you have changed your address with when you move. As long as you do it at some time is better than not doing it at all.

Good luck in getting to this stage of the immigration process.

Dave
Dave&RozaMaleKazakhstan2012-11-02 09:30:00
Removing Conditions on Residency General Discussionchange of address

There are a lot of illegal immigrants here to worry about, don't worry about that. When you file the adjustment of status just put the new address. If you are sponsoring your wife, or whoever sponsored here (who signed the affidavit of support), should file the AR-11. US citizens are required to do that when they are sponsoring somebody.


AFTER you file for AOS and have an I-864 on-file, the USC sponsor(s) must notify the USCIS when they (the sponsor) move within 10 days using the I-865 which is mailed in. The Permenant resident alien notifies the USCIS of moving within 10 days using the AR-11 which can be filed on-line until they obtain citizenship. The USC must notify the USCIS until the terms of the I-864 have been met.

In you case, I would file the AR-11 and then put your new address on the AOS application. You might want to start filling in the I-751 for ROC with the dates your spouse has lived at for the last five years and the N-400 when she travels outside the US. Easier to do it as you go then try to remember dates when the time to fill the form out comes along. It will also help remind you to keep documentation too.

Good luck,

Dave

Edited by Dave&Roza, 01 November 2012 - 04:00 PM.

Dave&RozaMaleKazakhstan2012-11-01 15:59:00