ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionRejection letter I-751 "not properly signed"?

Do I send this back to the original place I filed which is California. The reason I ask the rejection letter came from Lincoln, Nebraska. 

 

Should we make another copy and then sign in blue pen? 

 

 

US Gov. wants black ink. Use some cheap Bic style pen one with a roller ball point when you sign. 

 

 

you should try blue ink. My attorney made us sign with blue pen. He stated he had a incident in past that the form was rejected indicating it looked like a copy 

 

Most lawyers and Notaries want you to sign official and legal documents in blue ink as it was hard to scan in a copy and print it out.  With new color scanners and color laser printers, the ability to make a very good copy is readily available to most people.  So sign the document in blue or black ink using a ball point pen on a hard surface.  The only difference between an original signature and a good copy is the indentation made upon the paper when signing the document.

 

Did they say they would accept a properly signed document?  If so, they should have told you where to send it.  If no instructions were given on sending in another signed document then you may have to start all over again or file an appeal.  I would not just send in a signed form as its chances of getting to the right person are slim to none.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-03-26 13:56:00
Removing Conditions on Residency General DiscussionApplying to remove conditions and want to travel

 

Dave, don't you need the green card just to enter the states? Are you talking about when you book the flight?

 

There are two steps to gaining re-entry to the US.  The first is the ability to get on the airplane to come to the US.  The second is to be inspected by the CBP.  The airlines want to see your GC before they will allow you to board the airplane.  If your GC is expired and you show your extension letter, you should be fine.  I am just trying to warn you that there have been horror stories of ill trained airline employees who would not let a person with an expired GC and the original extension letter on the airplane.  If you cannot get on the airplane you are not coming back to the US.  So in reality the airlines have more power over your destiny then most people realize.  After all, the CBP has a computer and can look up your file and see you have filed for ROC and your GC has been extended for 1 year. When my wife travelled last year she had to show her passport and her GC when we were returning to the US.  Once on the original flight out of Almaty and again in Amsterdam.  There are a couple of stories here on VJ where the GC holder was allowed on the first leg, but denied on the second leg that was to the US.

 

If you use a major international carrier you should be fine, but I would still check.  I know Lufthansa and KLM accept the extension letter as I checked because we were going to travel whether her 10 year GC arrived or not.  It arrived before we left so there were no problems.

 

Dave


Dave&RozaMaleKazakhstan2014-03-29 22:41:00
Removing Conditions on Residency General DiscussionApplying to remove conditions and want to travel

Hi Everyone,

 

My conditional permanent resident card expires on 6/27/14. I will be sending my i751 form shortly. I was wondering if I will be able to travel in Sept 2014? Do they extend the card until we get the 10 year card?

 

Please advise.

Thanks!

 

 

If you start your process now, you will get the NOA and biometrics appointment before your trip, the letter they send you gives you a 1 year extension on your green card while they process the 10 year one, which will allow you to travel and work with no problems

 

I would check with the airlines you plan to use as there has been some problems with them accepting the extension letter.  Make certain you take the original extension letter.  You will not have problems with CBP, but some airlines have causes other VJ members to have issues when using the extension letter and the airline employee is poorly trained.  Just wanted to make you aware that there is usually no problems, but there have been issues with Frontier in Mexico and a couple of other airlines.

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-03-29 21:59:00
Removing Conditions on Residency General DiscussionPreparing for removal of conditions

My husband came Aug 2013 so we still have a while but I want to start saving everything we need so I am not rushing later. My concern is that everything is in my name. The Mortgage for the house I had before we got married and all the bills are in my name. He has a cell phone but it's a prepaid / no contact (virgin mobile) phone so no monthly bills. But I can document the removal of funds out of our joint bank account for his cell phone (and mine). Both our work checks are auto deposited into the same bank account. 

Anything we order online I try to get shipped to his name so I can save these receipts. He is on my medical insurance. We don't have credits cards. 

 

I know this next year we will get a car for him. I will make sure this is in his name. 

 

What else is good for showing proof of mingling of assets and that we share the same address? I want to send enough proof so maybe we will be able to skip the removal of conditions interview. 

 

Thanks for your help

 

 

Joint financial accounts, jointly filed taxes, being the beneficiary on employer's benefits for each other, having wills, power of attorney, and the same address.  We did not have a single bill in my wife's name, and the mortgage was only in my name.  She was listed as my emergency contract at my employer.  She was the beneficiary of my employer's life insurance policy.  She was listed on my health insurance.  We had a joint bank account and joint credit card.  We had joint brokerage accounts.  We filed taxes married filing jointly.  We had no interview and we were approved in 4 months.  There is no single item that makes or breaks the ROC.  I also included itineraries and boarding passes of trips we took together and a few photos.  As long as you span the entire 2 year period with proof that you are taking two separate lives and combining them like most "normal" couples, you will be fine.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-03-30 23:41:00
Removing Conditions on Residency General DiscussionI 551 Stamp in passport

Where do I get the stamp ?

 

Thanks

 

You make an INFOpass appointment at your local USCIS field office.  Then you present your evidence as to why they should issue you the stamp.  As of late they do not just issue the I-551 stamp into your passport.  You will have to show you NEED the stamp and the reason for that need.  Loosing the extension letter for ROC is one reason.  Because you want it to avoid travel problems in using the expired GC and the extension letter is hit or miss.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-03-30 14:34:00
Removing Conditions on Residency General DiscussionCan I travel abroad with extended Green card?

http://www.uscis.gov/i-131

Ok so I DON'T need to apply for reentry travel document as long as my extended green card is valid?







 









 

Correct.  Check with your airline as that seems to be where the problems in traveling with the extension letter and an expired GC have occurred.  CBP has a computer that can pull up your immigration file.  The airlines do not.  Most understand this situation, but it is a nonstandard situation and if not properly trained the airline employee can give you all kinds of grief.

 

Dave


Dave&RozaMaleKazakhstan2014-04-16 11:18:00
Removing Conditions on Residency General DiscussionCan I travel abroad with extended Green card?

Hello guys,

 

Background info:

 

I am currently in process for Removal of Conditional Residency.

 

I have completed the below steps:

1) Applied i-751 in late Feb 2014.

2) Received 1 year extended stay letter (Expiring around April-May 2015)

3) Completed biometrics appointment.

 

From what I have read, it takes about 6 months to get the ROC approved.  6 months from now would be September 2014.

I plan to travel abroad around November or December of 2014.

 

 

My Q's:

 

1) What paperworks do i need to get ready for traveling abroad in around Nov/Dec 2014?

2) Can I travel with just the extended stay letter (extended green card) from above #2?

3) Do i need to apply for travel documents? What is a travel documents? any info, link please.

 

 

Much appreciated !

 

 

 

Most people do not realize that the airline you choose to fly has a lot of power in this situation.  Unable to board the aircraft, unable to return to the US.  Please check your intended airline to make certain they accept the expired GC and the extension letter.  Most major carriers do.  This is one time where trying to save a dollar or hundred may cause issues when trying to return to the US. 

 

Hopefully you will have the new GC by then.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-04-15 00:40:00
Removing Conditions on Residency General DiscussionRemoval of Conditional Greencard

1. Can we apply for removal of the condition on the green card while she is outside U.S? 

2. She is unable to make her residence as U.S due to her family situation. She stays in U.S few months in a year and rest of the time she had to be there in her country to support her daughter and family.

3. She wanted to give back the Green card and get a multiple entry visa to come to U.S to stay with me for those few months. Is it possible to exchange multiple entry visa for green card. She has no desire to work here in the U.S

 

Any help would be appreciated.

 

 

 

 

A GC is for a LPR with the key word being RESIDENT.  That means she needs to be IN the US more than OUT or she needs to maintain her residency in other ways like having a home she is going to return to, filing US taxes, not claiming to be a resident of another country, etc.  She can file for ROC and when the bio appointment is assigned she can come back to the US--yes she needs to do the bio appointment IN the US.  She can give up her GC, but then she is like any other person in her country when applying for a tourist visa with a USC husband.  She may never be allowed to visit the US again.  Given her stays outside the US, I doubt she would qualify for citizenship anytime soon-- she could become a USC after 3 years of marriage to a USC, but there are physical presence requirements that I have a feeling she does not meet.

 

She needs to determine if she wants to live in the US or her home country.  She could take care of her family financially form the US, but that does not sound like the reason she decided to leave the US.  My question is why did she and you go thru the whole process to get her a GC only to have her live in India?  She needs to decided where she wants to live and realize the consequences of that decision.  If she decided to turn in her GC, she can do so and at a later date you can file for a spousal visa if you both so desire.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-04-16 22:06:00
Removing Conditions on Residency General DiscussionWalk in for i-551 passport stamp?

Hi everyone! We're on our 9 months already on our removal of conditions and havent heard anything yet..we went to our interview already this january with no decision. Question, can i do walk in to get i-551 stamp? Coz i dont wanna take the hassle of traveling with only the letter..

 

You can also file for naturalization if you have been married to a USC for at least 2 years--that window is opening up for you.  This will get them to work on your ROC.  IMHO, I would work on getting them to approve your ROC instead of trying to get a new I-551 stamp or another extension.  Call or write your congresscritters.  Make an INFOpass appointment and ask why the hell your ROC has no decision yet--it may be they sent an RFE and are waiting for a response and the RFE was not delivered by the USPS.  9 months is way too long.  Begin making noise.  The ROC is one of the easier steps in this whole process and should not take that long.  Contract the USCIS ombudsman for assistance. Begin making yourself a PITA until you get the 10 year GC.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-05-10 13:02:00
Removing Conditions on Residency General DiscussionHusband Lost his Green Card, right before Removing Conditions

Hi everyone, 

 

My husband's wallet has been lost or stolen (not sure which), and with it his green card. His Removal of Conditions is about a month and a half away. We have photo copies of the green card in the file I keep and we are wondering if we are able to apply for the removal of conditions without filing the I-90... honestly I suspect we have to but I'd like to hear from people who know for sure. $450 wasted imo :(

 

Hopefully we just find the stupid thing.... I plan to keep looking right up until the end. 

 

Send in your application with the copies of the GC you have.  As long as you do not get selected for an interview, you will not need that GC ever again.  I would file a police report should you not be able to find it and then take that police report to your interview IF you have one.  Otherwise keep the police report in a safe place until the 10 year GC arrives.  Then make copies of that GC so you have it just encase.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-05-08 16:38:00
Removing Conditions on Residency General DiscussionMoving out of state before biometrics appointment

Hi, I applied for and got my conditional residency extended for a year while we wait on word about ROC... but my husband got a job across the country, which starts on June 2.  My son and I have a biometrics appointment here on June 3, which I know I can reschedule, but can I ask them to reschedule it to another state?  

I don't have an address there yet, we'll probably live in temporary housing while we find something, so I really don't have an address to give to USCIS...  I'm kinda lost here on what to do next, staying here and joining him after isn't an option, as we don't have transportation to get anywhere without him, and we don't want to jeopardize his job by having him start later.

 

Can anyone point me in the direction I need to go?  Can you ask for an address change without knowing the address you're going to be living in?

 

I see four options: 1) do a walk-in in St. Louis and drive 8 hours, 2) do a walk-in at the new location, 3) go to the original appointment schedule in St. Louis and then join your husband at the new location, or 4) re-schedule to the new location once you have an address and file the AR-11 for yourself and the I-865 for your husband.  Also make certain you complete the address change for a pending case.  Use an address you will be at for a few months so you will receive the GC without having to do another address change--i.e. might want to see about a PO box for the time being.  I would opt for option #4 if the new location is closer than the current one.  That way the USCIS can see you have actually moved and might just send the GC to the correct location.

 

Good luck,

Dave


Edited by Dave&Roza, 20 May 2014 - 09:08 AM.

Dave&RozaMaleKazakhstan2014-05-20 09:05:00
Removing Conditions on Residency General DiscussionExpired gc + ss (with "authorization needed" wording) + receipt as a new hire?

 

The key word is REQUIRED but why carry SSN with such wording when you can have it removed with your 2 year conditional GC.. I mean its not as if you have to renew your SSN card after some time or pay for re-issue.

 

Had mine removed after AOS. Never had to show GC to no employer.

Drivers license & SSN card should always suffice  and I couldn't be bothered with ROC or not

 

As others have stated, if it is a long drive plus the two or three hour wait at the local SSA office some people do not feel the time and effort to remove the wording is justified until they are REQUIRED to do so when they become a USC.  Yes, a DL and a SSC without the wording works for the I-9 as those are List B items.  A GC is a List A item and does not require anything else.  A good employer would ask to see your new GC after conditions were removed, but that rarely happens.  I have not shown my SSC to any employer in my life.  Of course my SSC has the wording "FOR TAX PURPOSES ONLY.  NOT FOR ID."  A couple of my jobs were before the I-9 form also, but I now show my US passport.

 

To have the wording removed or not is a personal choice.  The OP can use the GC with the extension letter and the employer would be within their rights to ask to see the 10 year GC when it arrives.  No need to show a DL and the SSC as the OP would also have to show the GC anyway.

 

Dave


Dave&RozaMaleKazakhstan2014-06-02 08:52:00
Removing Conditions on Residency General DiscussionChanging Citizenship while on CR1 Green Card before ROC

Need help please!

 

 

You answered your own question with your reply to my question.   As long as you maintain your LPR status of the US then the US does not care about anything else for the remainder of your immigration journey up to and including citizenship.  At each step there are requirements to be met.  As long as you meet those requirements then you are good to go.  The biggest requirement for ROC is to maintain LPR status and prove a bona fide marriage.  For USC it is legal presence, residency, and maintaining your LPR status.  There are many ways to not maintain your LPR status--i.e. claim a benefit from your home country that only residents are allowed to claim which is why I asked about having to be a resident of Canada in order to become a citizen.  Since you do not have to be a resident to be a citizen, that one does not apply.

 

The biggest concern to you during this whole process is to make very certain you keep your LPR status in tack.

 

Dave


Dave&RozaMaleKazakhstan2014-06-17 08:27:00
Removing Conditions on Residency General DiscussionChanging Citizenship while on CR1 Green Card before ROC

Hi All,

 

Need your help! I am currently an Indian Citizen and have the CR1 Green Card which is valid until late 2015. I still haven't applied for ROC as i still have time. I was issued my Cr1 Visa and Green Card on my Indian Passport. Also, later this week I will be changing my country of citizenship and become a Canadian Citzen as I take Canadian oath. Once I take the Canadian oath, I will not be considered an Indian Citizen anymore.

 

Question: If I change my country of citizenship before my ROC of the 2 year Green Card would it impact my

 

1. CUrrent Status of CR1 2 year green card holder

2. Will it impact my ROC process and cause any issues if I put down my new citizenship as Canada now.

3. Later on my US Citizenship process/naturlatsation to get a US Passport. Canada and US both allow dual passport.

 

 

Please need ur help before I take a decision to go for Canadian Passport or not.

 

 

 

First, I am not sure why you are doing this if you want to be a USC.  Second, I would be careful with this as you must follow the rules and requirements of maintaining your LPR status in the US and then you must meet and follow the requirement to remove your conditions and then you must meet and follow the requirements to become a USC.  One of those requirements is that you maintain your LPR status and do not claim to b e a resident of another country.  By becoming a Canadian citizen do you need to claim to be a resident of Canada while you are also a LPR of the US?  If you need to claim you are a resident of Canada that will nullify your LPR status in the US and you will be a Canadian citizen in the US illegally.  If you can become a Canadian citizen while a resident of another country then you will have no problems.  I would look into this very carefully.  If your end goal is to become a USC why do you want to jeopardize that by becoming a Canadian citizen?  Since it is easy to travel between the US and Canada what is the advantage of having a Canadian passport and a US passport--travel to Cuba maybe.

 

I would do careful research on this if I was you especially what is considered revoking your LPR status to the US as that is the key to this whole situation  Loose your LPR status you loose your legal status in the US and will need to go to your new home country of Canada, but at least you can visit easily compared to India.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-06-16 16:35:00
Removing Conditions on Residency General Discussion94 days to go?

I mailed ours at 88 days before her 2 year GC expired or 2 days after the 90 day window opened.  Once you get the extension letter it really does not matter unless they take a year and you are forced to file for naturalization to get them to work on the ROC.

 

The earliest I would send it would be on the 90 day, but that is me.

 

Dave


Dave&RozaMaleKazakhstan2014-06-17 21:59:00
Removing Conditions on Residency General Discussionchange of address or file first

Hi guys,
We should have filed roc already but we have been waiting to sign a new lease. We are moving as of july 15. Lease is signed. This is our last month to file. I don't know what to do. Should I send out the application now or wait to file for change of address first? Also, how long does it take for a change of address to process? Are we waiting too long :/? Thanks!

 

If you know the new address complete the application with that address.  Also go on-line and complete the AR-11 form and have your USC spouse complete the I-865.  Also, note the dates of your residences on the I-751 and mail it off at two weeks before the expiration date on your GC.  The issue here is not the processing time of the change of address, but that you followed the rules and have the confirmation numbers to prove that.  The ROC notices will be sent to the address you put on the application.  Also note that the application has places lived at with dates.  If it is certain you are moving and know when, you can put those dates down even if in the future as that is where you expect to live.

 

Good luck,

 

Dave
 


Dave&RozaMaleKazakhstan2014-07-03 09:48:00
Removing Conditions on Residency General DiscussionQuestions on I-751

 

Sorry I should have clarified AND I should have done it when I had access to a printer!!

 

I didn't receive a EMAIL confirmation the first time I submitted the AR-11. That's why I feel that it didn't go through. I combed my email to see that there was absolutely no confirmation from the first time I submitted it. I filed the AR-11 on June 23, which was the day I received the forwarded reminder and I have a email confirmation for that one. I will have my husband fill out the I-865 asap. My 751 packet is all ready, filled out with the new address, and I'm planning on sending it next Monday, but I'll wait till the 865 is received.

 

Thanks for your help.

 

Just to be clear.  When I submitted the AR-11 for my wife, I did not receive a confirmation e-mail.  There was a screen that stated my change of address was successful and there was a confirmation number on that page.  I printed out that page--I used Adobe Pro and printed it to a pdf file which I still have.  No e-mail.  Nothing other than that one page.  Once I left that page the information was gone.  And the USCIS still sent the removal of conditions notice to our old address.  So I think the first one went thru, but it was good that you did it again.

 

Dave
 


Dave&RozaMaleKazakhstan2014-07-08 15:46:00
Removing Conditions on Residency General DiscussionQuestions on I-751

oh goodness I didn't even know about the I-865! Do I need to do it now? My window opens on July 12.

 

I filed a change of address online the day I moved into my new address (Oct 2013) but I didn't receive a confirmation. It was only when I received the USCIS reminder to file for ROC that had been sent to my old address and forwarded by USPS that I realized that the change of address didn't go through the first time and I had to file it again.

 

What do you recommend I should do?

 

You get a confirmation number that you can print out when you complete the AR-11 on-line.  How do you know the address change did not go thru?  If you are relying on the fact that the reminder notice for ROC came to the old address that is not an indication of anything as we completed both the AR-11 and the I-865 and I had the confirmation number for the AR-11 and the NOA2 for the I-865 and our ROC notice was mailed to our old address--the address we used for AOS.  I think that is always the case.  We moved over a year before filing the ROC and the USPS sent the letter back to the USCIS and it somehow was sent to o our new address.  They did put a notice of needing to file a change of address with the ROC notice and I submitted the AR-11 with confirmation number and a copy of my NOA2 for the I-865 to show that we did follow the rules.

 

 As long as you filed the AR-11, relax and do not worry.  Have your husband complete the I-865 ASAP.  I would then file your ROC with your current address.

 

Dave


Dave&RozaMaleKazakhstan2014-07-08 14:12:00
Removing Conditions on Residency General DiscussionQuestions on I-751

yeah that's the problem then. we bought the apt last year August. and moved in Sept. 2013, so I dont know if i should change the address online now? or i should just mail my package including a letter?

 

I bet your husband has also not filed his address change via the I-865 for his I-864.  All sponsors listed on the I-864 must inform the USCIS of an address change within 30 days using the I-865.  I would file the I-865 and go on-line and file the AR-11.  Please note that the fee is $0.  After filing both change of addresses, you can submit the ROC application.  It is up to you whether you want to mention it in your cover letter or not.  Most people do not realize the requirements for address change notification.  I have not heard of USCIS doing anything to those that do not file a change of address.  

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-08 10:28:00
Removing Conditions on Residency General Discussionafter conditional green card

Hi my husband got his conditional green card it will be 2 years in December when should be file to remove the conditions has anyone else done this recently also

 

Thanks all

 

Mary

 

Take the expiration date on his GC and subtract 90 days.  That is the EASRLIEST you can file and the expiration date is the latest you can file. http://www.timeandda...te/dateadd.html

 

Good luck,

 

Dave
 


Edited by Dave&Roza, 09 July 2014 - 10:00 AM.

Dave&RozaMaleKazakhstan2014-07-09 09:59:00
Removing Conditions on Residency General DiscussionDid nit know about I-865

Hi everyone. I am currently a sponsor of my husband who originally came to the US on a fiance visa but now has his green card and we need to change conditions. Has anybody ever not known to submit the I865 for yourself, the sponsor, when you moved? I submitted the AR 11 for my husband but I have not been submitting it for me. What happens now that I am submitting it late?

 

I have no knowledge of the US government taking any legal action on a USC for failing to file the I-865.  I do not know of any consequences of not filing.  Most people in the US are not used to having to update the US government of an address change and do not realize that there are certain circumstances where they must inform the government when they move.  As far as I know the USCIS has submitted an information collection activity with the office of management and budget which means they can request the information and have a right to do so, but there is no criminal or civil penalty for not complying with the request. 

 

Just complete the I-865 form ASAP and remember to do this and the AR-11 the next time you both move until the I-864 is not longer in effect.

 

Dave


Edited by Dave&Roza, 09 July 2014 - 12:25 PM.

Dave&RozaMaleKazakhstan2014-07-09 12:18:00
Removing Conditions on Residency General DiscussionAnyone looked at the USCIS performance data for ROC?

http://www.uscis.gov...justment-status

It looks like you go by local office but not 100%. The data for Boise looks promising and I am some what relieved that it is less busy as some of the bigger cities.
However can people who have completed the ROC process tell me if this is a good indicator of processing speed?


 

No it is not.  Most all ROC are handled by the service center it goes to--i.e. CSC, VSC, TSC, etc.  There is usually not an interview, but maybe.  I have noticed that time of year seems to be a better indication of processing times.  For us the ROC went quickly and we filed in May of 2013.  It seems like the May-August time frame is where they put more resources on the ROC.  I would go to Igor's list and see about recent ROCs at your service center for a better idea of processing times.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-13 22:34:00
Removing Conditions on Residency General DiscussionTraveling on expired card while ROC

I just double-checked my paperwork and I never saw an extension letter. All I received was an appointment for Biometrics. Does it come after that? Or am I missing the letter?

 

I wonder if there's a place online or a number I can call to request this document incase it doesn't come before we fly out.

 

Can anyone help me out?

 

Did you receive the I-797 which we here on VJ call the NOA1 that they accepted your file?  Read that letter as it states that is extends the current GC validity for one year.  You receive this BEFORE the bio appointment.  If you did not receive this then you need to call the USCIS and get A Tier Two Human™ to resend it.  You may also want to investigate why the letter was not received--i.e. does the USPS have your name at that address on file and is the name on the mailbox?

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-07-29 23:06:00
Removing Conditions on Residency General DiscussionTraveling on expired card while ROC

Good morning everyone! Pretty simple question...

ROC packet sent in within 90 days, got notice for biometrics, but wanting to travel in 3-4 months out of the country.

Is this possible? If so, what do I need to show immigration officer?

Thanks!





 

3-4 months MAY be enough time to get 10 year GC. It took us about 4 months to get my wife's last year.  We had a trip planned and we were going to use the NOA1 extension letter, but the GC arrived in time so there was no  need.  I would check with the airlines you intent to travel to make certain they know about an expired GC and the extension letter--most major international carries do.  We checked with Lufthansa and KLM and both knew about the extension letter.  It will be the airlines that give you the most grief in this situation and not allow you to board the aircraft.  CBP can pull up your immigration file and see the pending ROC.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-28 08:34:00
Removing Conditions on Residency General DiscussionLeaving US for almost a year while on Conditional PR

 

do you think it will be impossible for me to get my I-751 because i am not able to put tax returns 2013 as the evidence? After lots of thinking, i want to go back, send my I-751 and look for a job there.

 

Henny

If you failed to FILE a US tax return at anytime after becoming a LPR, you have done the one thing the USCIS sees as not maintaining your LPR status.  You may not OWE any taxes, but you need to FILE a tax return and the USCIS takes that requirement very seriously.  So before you file the I-751, you need to file an income tax return for the last tax year.  You have a difficult case to prove that you are still a LPR and need to document that very carefully.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-07-31 23:11:00
Removing Conditions on Residency General DiscussionLeaving US for almost a year while on Conditional PR

6 months or more total every year to maintain residency but you will be eligible for naturalization next year so if you are able to meet the requirement then go ahead (dual citizenship). If not then start over when ready to move, I totally missed the part about waiting till baby is older. Ultimately it's up to you.

Ugh Vermont is only up to Feb cases and really slow so you could be waiting a long time in US to make it to the approval stage. At that rate you would meet the residency requirement but not ideal for your situation.

 

 

She has been outside the US for a period of more than 6 months already.  That has disrupted her continuous residency for Naturalization.  She needs to worry about maintaining her LPR status as naturalization for her is a long, long time away.

 

Dave


Dave&RozaMaleKazakhstan2014-07-29 11:38:00
Removing Conditions on Residency General DiscussionLeaving US for almost a year while on Conditional PR

 

I plan on moving back to the US about 4-5 years from now. That's what i've been thinking..will i be able to to maintain my PR by coming back to the US every year even tho just for couple weeks of staying there or it has to be 6 months or more per year? I need some comment on this because i really lost on what iam going to do:(

 

 

There are a lot of people that try this and they get away with it for a couple of years, but to try and do this for 4-5 years is crazy.  Think about the cost of air travel and having to find a place to live.  I think it would be best to just abandon your LPR status and have your husband file for a spousal visa when you both decide to LIVE in the US.  The key word in LPR is RESIDENT which means physical presence or domicile.  Now you can maintain a domicile in the US while you are in your home country, but that would require a home or other tangible property as well as intent to return which you have stated you have.  The big question is:  Did you and your husband file income taxes for 2013?  If not, then forget about your LPR status as you failed one of the main requirements for maintaining it--filing a tax return on all worldwide income no matter where you live as a LPR or a USC.

 

IMHO, you should save yourself the time and expense of returning to the US and convincing the CBP that you have not abandoned your LPR status when you have.  When and if you and your husband decide to return to the US and live here, either file for a spousal visa or see if he can do a direct consulate filing (DCF) for you.  Much easier and cleaner.  You will have to put all this time on the N-400 should you decide to become a USC and the USCIS may catch that you were out of the US and may decide you abandoned your LPR status.  SO you will have done all this only to be caught later on.  Not worth the risk, IMHO.

 

 

Good luck,

Dave


Edited by Dave&Roza, 29 July 2014 - 11:41 AM.

Dave&RozaMaleKazakhstan2014-07-29 11:32:00
Removing Conditions on Residency General DiscussionCan I travel with the extension letter?

I heard that you have to stamp that letter from the US embassy from where ever you traveling to be able to use to come back to the U.S. Is this correct? and I also heard that you encounter problems at the airport of the country where you travel as they don't recognize that extension letter for the green card? advice please because I might travel abroad while my ROC is pending.

 

If you use a major airline with regular service to the US you should be fine.  I would still check with your airline that they know about the extension letter and accept it.  Your troubles will be with uninformed and poorly trained airline personnel when you try to board the aircraft back to the US.  They may deny you boarding because you do not have a valid document that allows your to re-enter the US because they are unfamiliar with the extension letter.  It is always best to confirm before you travel.

 

Good luck,

 

Dave
 


Dave&RozaMaleKazakhstan2014-08-09 20:43:00
Removing Conditions on Residency General DiscussionCan I file ROC while outside the U.S.?

I am planning to visit my family outside the U.S. end of the month.  My C.R. green card expires in December. I have to file my AOS package in October. Can I file my AOS while I am outside of the U.S., or do I need to return back to the U.S. to file my AOS. 

 

Also, does anyone know if I can be outside the U.S. while the AOS is being processed?

 

I welcome all comments.

 

Thank you.

 

 

You have from the 90 days before the GC expires up to the expiry of the GC to file your ROC--I would not wait too close to the expiry date.  You can file anytime, but keep in mind that the biometric appointment is usually 30 days after they accept your application and send you your NOA1.  You will have to be in the US to do the biometrics so you need to plan for that.  You may or may not have an interview, but you will have to do the biometrics. You will need to return to the US before the GC expires unless you file the ROC and get the extension letter.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-08-17 23:11:00
Removing Conditions on Residency General Discussionquestions about removing conditions

Yeah the deed doesn't have my name on it, it's a New Hampshire Housing Loan and they don't list the spouse on the deed like with a conventional mortgage. 

 

 

What about the "Deed of Trust"  or the piece of paper that shows there is a loan on the property.  My wife was not listed on the Deed but she was listed on the Deed of Trust and I printed that out to show that she lived and was financially responsible for the house until the loan is paid off.  Most mortgage companies do that to avoid a surviving spouse from being able to say the house is theirs and yet the mortgage company has a lien against the other spouse's claim on the property.  Worth a shot.  I just did a Clerk of the Recorder search on our property and it came up.

 

Dave


Edited by Dave&Roza, 10 August 2014 - 01:56 PM.

Dave&RozaMaleKazakhstan2014-08-10 13:56:00
Removing Conditions on Residency General Discussionquestions about removing conditions

Hi Everyone,

 

It is time for us to remove conditions and I have a few questions.

 

 

1. On the form I-751 it asks to list children. I am the petitioner, do we list my children from my first marriage on the form? Or are they looking for names of children that we would be removing conditions for if we had any(we don't and it seems that is what they are asking but I want to be 100% sure).

2. We recently moved and bought a home, my name(the petitioner)is not on the mortgage as my husband(the beneficiary) applied for the mortgage on his own(we wanted to take advantage of first time home buyers program and grants as I have bought homes in the past before my hubby was here in the US). Should I still send evidence that he bought the home? (I am sending copies of joint insurance and utility bills from both the old address and the new home with both our names on it).

3. At our previous address we rented but we were tenants at will, no lease. I will get a letter from my former landlord stating the dates we lived there. I lived there for 2 years prior to my husband coming to the US. Should I have the landlord put the dates that my husband and I lived there together or the total time I rented both before and after he moved here(does that make sense?)?

 

 

Thanks everyone, I'm sure I'll be back with more questions later

Cathi

 

 

We also moved from AOS to ROC and I bought the house so only my name was on the title.  You might check the purchase documents and see if they listed him on the Deed of Trust.  I included that with our application.  I only included items that had both of our names on it: bank statements from every quarter, credit card statements from every quarter, brokerage statements from every quarter, insurance with both our names on the statement, listing her as emergency contact, joint tax returns, learner's permit showing the same address as my DL.  I did not bother with the old apartment lease or any of that.  We did complete the AR-11 and I-865 for address change for her and myself and I included that proof.

 

Some of the bank statements had the old address, so I figured that was good enough to show we both lived there before moving to the house.  If you have wills or medical power of attorney, or durable power of attorney, include that.  I included her as beneficiary on life insurance and IRAs.  I included boarding passes of trips we took together and a few photos of those trips.  It was not as much as the original K-1 package, but it covered from day of marriage to day we submitted the application.

 

I sent it via next day with the USPS to the PO box and waived the signature requirement.  It was processed very quickly compared to what I read here on VJ about a week or more.  The check was cashed tthe next day and we received the NOA1 in 3 days.  It is going to a PO box so why require a signature?

 

Good luck,

 

Dave  
 


Dave&RozaMaleKazakhstan2014-08-09 12:39:00
Removing Conditions on Residency General DiscussionQuestion about passport stamp

If you are married to a USC and qualify for naturalization based on three years of marriage and 3 years as a LPR, you could file the N-400 and that would force them to work on your ROC.  This is assuming you want to file for citizenship. :time:.  You might want to explore your congresscritter's website to see about how they help with immigration related issues.  You will need to complete an information release form so the congresscritter's staff member can be given your information by the USCIS.  You can use either your House member or either of your Senators.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2014-08-20 14:04:00
Removing Conditions on Residency General Discussionapplication denied

hi how are you i have applied for my wife for to remove the stauts just got the letter today that application has been termimitated but she is india at the moment and and we got a interview paper like a week before and I forget to send the paper back for the reschedule the appointment so what can we done in this case how to make this work this

 

 

She needs to go to the US Embassy in India and explain the family emergency and that is why she missed the interview appointment.  If they feel she has a legitimate reason they can issue her a returning resident visa and then you can see if they will reschedule the interview.  You need to get on this NOW.  If you are worried about the expenses of changing an airline ticket, compare that against filing an I-130 with all its fees--including a new medical--plus the approximately 1 year she will not be able to enter the US.  This is HER problem so there is very little you can do.  SHE needs to get going and since she is in India, I would start with the Embassy there.  It is almost Monday morning in India so get in touch with her and get her moving on this before this turns into a year long separation.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-08-24 12:52:00
Removing Conditions on Residency General DiscussionRemoval of conditions and acceptance of 10yr GC while not in the US

Also - are there any issues when away from the US for almost a year (with GC and letter of extension) when not maintaining a US address? Or would that only make the N-400 more difficult?

 

Being outside the US for a period of more than 6 months has an effect on the N-400 application.  Please have a look at the guidelines for naturalization and pay particular attention to maintaining your continuous residency in Chapter 3.  You may also want to go to the USCIS website and look up maintaining your LPR status as if you loose that you cannot file for naturalization.  The whole point of being a LPR is that you RESIDE in the US or at least maintain ties to the US as a RESIDENT. 

 

Dave


Dave&RozaMaleKazakhstan2014-09-03 23:18:00
Removing Conditions on Residency General DiscussionMY 2years Green Card is about to expire

HI everybody...

 

I came to usa on march 2013 with a 2 years green card to joined my husband ..now my green card gonna expire soon please let me know what should i do to extend it and get a 10years one..

 

You file the I-751 form for removal of conditions (ROC).  You may file that form starting 90 days before the expiration date on your GC up to the date the GC expires--the USCIS receive by this date not postmarked--but the sooner the better.  You will receive an extension letter extending your LPR status for another year so you may continue to work and travel internationally.  Once the ROC is approved you will have a 10 year GC.

 

Follow the guides here: http://www.visajourn...ontent/751guide

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-08-27 12:10:00
Removing Conditions on Residency General DiscussionI-751 List of Address and Dates- to list or not to list temporary address?

Hi there, i'm in the process of submitting my application, but have a question regarding the supplemental list of addresses/dates. Here's what my scenario is:

 

Feb 2011- got court married

May 2011- moved in with my wife in my inlaws house

Aug 2011- received my green card

Nov 2011- me and my wife moved to an apartment, but our permanent address was still her parents house (all our bank statements were still addressed to the parents house) and i didn't file a USCIS change of address since it was not a change in permanent address:

May 2012: we both moved back to my inlaws house

 

So, when listing the address and dates, do i need to mention the apartment we moved into from nov 2011 - may 2012? as i mentioned, i didn't do a change of address since our permanenet address was still her parents' house. if i do mention the apartment, should i say it was temporary only which is why we didn't do a change of address with USCIS? We do have a lease with both of our names on it, so worst case- we can prove we both moved together. 

 

i'm debating not listing the apartment at all since all my bank statements, etc. stil llist her parents address. but at the same time, i don't want to falsely state that i resided only at one address since i got my GC. 

 

I know i'm over thinking this, but just wondering if any one had any thoughts? to list or not to list?

 

Would you list your college address or would you list your home address as a place that you have resided?  You did change your residence as you expect to sleep at the "temporary" address each night.  Given that you use the language of temporary verses perment, I would treat this like a college student that goes out of state to college.  You have your college address that is valid only while at college and then you have your home address where you live when you are not in college. I would list it just like I would list the time spent at college and then at home each summer as different residences.  IMHO a temporary residence is not one you sign a lease for.  It is a place you crash for a short period of time with the expectation of living somewhere else.  So when you moved out, did you expect to return to the in-law's or did your situation change and force you to move back after a short absence.

 

Remember that both you and your USC sponsor must notify the USCIS of any change of address within 10 days.  The LPR uses the AR-11 and the USC sponsor uses I-865.  The next time you move I would suggest that you file the AR-11 form.  The AR-11 does have a place for indicating that the address is temporary and it asks how long you will live there.  I would list it and deal with the conquences of having not filed the AR-11.

 

Good luck,

 

Dave

 

 


Edited by Dave&Roza, 20 May 2013 - 05:03 PM.

Dave&RozaMaleKazakhstan2013-05-20 17:01:00
Removing Conditions on Residency General DiscussionRemoving conditions hell

- TAX RETURN TRANSCRIPTS.  I sure hope you have filed income taxes  Jointly would be best

- beneficiary on IRA's

- Beneficiary on life insurance policy's

- any Estate planning showing Wills, Power of Attorney, Medical Power of Attorney.

- anything with a common address

- Emergency contact at place of employment

 

 

We did not have utility bills, my wife was not on the DEED of the house, we did not submit an affidavits.  We did send in joint financial account from about month 8 of our marriage to the two year point.  We showed a common address and in the cover letter I stated that we are filing this petition to ROC as a couple that wants to spend our lives together and not to circumvent immigrant laws.  We were approved in 86 days with no interview back in 2012. 

 

It is about two people who start merging their lives as a "normal" couple would.  Each situation is different and the evidence you have is different.  You give them what you have and see how it goes.  I would not try to manufacture evidence at this late hour, but would rather let your relationship stand on its own merits as it is.

 

Good luck,

 

Dave

 


Dave&RozaMaleKazakhstan2014-09-14 12:10:00
Removing Conditions on Residency General DiscussionGeneral FAQ's for Removing Conditions

Hi everyone,

Just a quick question, if you don't mind:

I (er, we) will be filing our I-751 in the next month or so (as my CR expires early March of next year). My green card and our marriage certificate are in my maiden name (married in Quebec where a name change takes ages) however all of my US identification (SSN, driver's license, pay stubs, loans, etc.) show my married name.

Which name should I put in Part 1 if I'd like my green card (permanent resident) to be under my married name going forward? Is there an additional form I'll need or fee I'll need to pay?

Thanks so much.



Fill out the ROC form in the name you want on the GC--I.E. your married name. The marriage certificate is the form they will use to make the name change. You have one last chance to do a name change for free and that is at the naturalization stage.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-11-26 18:09:00
Removing Conditions on Residency General DiscussionGeneral FAQ's for Removing Conditions

I am mailing our I-751 form today and had couple of quetions:

Our PR/Green Card expires on 11/26/2012, is it ok to Mail today?

Is it OK to FedEx? I am in Alabama so I am mailing to following address:

USCIS Vermont Service Center
75 Lower Welden Street
P. O. Box 200
St. Albans, VT 05479-0001

Thanks,

SimAsh


90 days before 11/26 is the 28th. So it had better not be received before that date. Wait a day or two. No need to cut it so close to risk having it rejected for arriving early. You have a three day weekend coming up so it will be an extra few days to be processed anyway. I would shoot for the 30th if it was me.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-08-27 11:55:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsReceived USCIS Acceptance Confirmation Email but no I-797

 

Hello, I received an email on April 17th stating:

 

Your case has been accepted and routed to the USCIS National Benefits Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number MSC**********. With the official Receipt Notice (Form I-797) you may visitwww.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status.

 

Its been over a month and I have not received the form I-797. Should I be worried? What to do?

 

Thanks!

 

 

 

First call them to have them resend the notice.  Second, go to your local USPS postoffice and check that you are on the official receive mail at this address form.  We had this issue when we lived at an apartment complex.  My wife got her mail if the regular letter carrier was working, but it was returned if the substutite carried happened to be working.  I discovered this by mailing a lettter from work with my employer's address as the return address.  About two weeks later it was returned to my employer and that is when I discovered how the USPS works (or does not work).

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-02 12:13:00