ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsName change

 

Dave&Roza I will be receiving the 10 year GC, I'm assuming the 2 years will not apply to me? If I change my SSN and state DL to my married name with my marriage certificate but my passport and GC have my maiden name, will that be a problem?

 

I was basing my comment because you stated you filed the CR-1 which is a conditional resident (married to a USC spouse for less tha 2 years) which implies that you will receive a 2 year GC and have to file for removal of conditions (ROC) 90 days before the LPR since date.  In looking at your timeline, you were married in November 2010 so you will be receiving a 10 year GC--IR-1. So your next chance to change the name on your GC for free is at Naturalization.  I do not see a problem as my Mother used Middle Maiden Married her whole married life, but the name on her SSC was First Middle Married.  It was not until she retired that she changed her DL and passport to match the SSC. 

 

Just remember which ID you are going to use and make certain the documents match that ID.  At least the passport and GC match so you do not have to carry around a Mariage Certificate when travelling internationally.

 

Dave


Dave&RozaMaleKazakhstan2013-06-21 10:11:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsName change

SO...I'm a silly girl. My Canadian passport, Ontario Driver License and all legal Canadian ID have my maiden name. I never really got around to changing over to my married name and of course wasn't thinking and filed all CR-1 paperwork in my maiden name. I've been approved since this Monday (june 17th) and just realized that my Green Card that will be issued upon POE will list my maiden name. Is it too late now to change it to my married name???

 

I am kicking myself right now! I was so focused on making sure everything was filled out correctly and so stressed out I forgot about making sure my ID reflects my married name sad.png

 

 

Wait 2 years and file your ROC (Removal of Conditions) in your married name.  You can do it now by filing the I-90 and paying $450 for a new GC. You can get a SSN in the maiden name and then using the Marriage Certificate change it to the married name.  You can also start by changing your passport to your married name.  You can apply for a DL in the married name using the Marriage Certificate in most states.  By the time the ROC needs to be filed the GC will be the only document in your maiden name.  Just remember that for international travel the tickets must match the name on the governement issued ID you will be using which is your passport.

 

Good luck,

 

Dave

 

P. S.  It is just a name, do not stress over this.  There are more important things to worry about like what's for dinner and who is cooking it?tongue.png


Edited by Dave&Roza, 20 June 2013 - 04:10 PM.

Dave&RozaMaleKazakhstan2013-06-20 16:10:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsRFE - Proof of US Citizenship

Good afternoon everyone,

I'm a little new to the forum and I'm just here to see if anyone knows what could have went wrong. I received an RFE for my I-130 on Jan. 31 regarding me (the petitioner) to submit evidence of my US citizenship. They sent me a list of accepting evidence to send in. One piece of the accepting evidence was a US birth certificate, which I did attach with my I-130 packet, a color photocopy.

Is it possible for them to have misplaced the copy? Or was it simply not enough? To my understanding it is also acceptable to send in all pages of your passport as well. Should this be enough to prove my citizenship?

Does this RFE mean that there were no other problems with my I-130 aside from the me proving my citizenship?

Advice will be greatly appreciated and sorry if some of these answers are already within the forum.

Thank you for all of your time.









 

If sending in a copy of the BC you need to send in a copy of the front and back.  You can also send in a complete copy of your entire passport, front and back cover included.  Depending on where you were born, you could just send for an official certified copy depending on how long it will take--might get a few extra just to have.  My old BC was very old and I was not sure if they would accept it, so I went to the vital statistics and ordered several copies to have.  It depends on where you want or may need copies of your BC or would rather send in a complete copy of your passport.

 

Hard to say if everything else is okay with your petition.  Usually you are sent only one RFE.

 

Good luck,

Dave
 


Dave&RozaMaleKazakhstan2014-02-06 15:51:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsSSN and Passport has different names

My concern is that the application may be delayed in the event I should get a RFE because my SSN name and application name does not match.

 

Did you list the SSN name in the other names used section?  If so, not a problem.  If not, it may be a problem or not--depends on the person looking at your application.  The SSN is suppose to be for tax purposes and getting your social security benefits.  Only recently has it become a pseudo national ID number.  As long as your documentation has the name as you put on the application it is usually not an issue.  Your SSC is not an official form of ID (at least that is what mine states very plainly across the top of it). 

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-02-14 12:46:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsSSN and Passport has different names

We sent off our I-130 package yesterday and I just realized that my SSN still only has my maiden name but my passport and everything else has my married name. I still have my maiden name as a middle name.

Do you think that will pose a problem?

 

Whose going to see your SSC?  I have heard that now they expect the names to match, but in reality why should it matter until you go to claim your benefits?  My Mother went her entire married life with her documents as Middle Maiden Married name as she did not like her given first name and was never called that name even by her parents.  Her SSC was First Middle Married.  So when she retired she changed her DL and passport to match the SSC rather than change the SSC to match everything else.  Of course her will has her name a First Middle Married with an AKA of Middle Maiden Married.

 

Up to you as to whether you want to change it.  As you have all kinds of documentation of the name change it SHOULD be rather easy to do, but this is the SSA we are talking about and they train their employees by, oh wait I do not think they do train their employees.  Unless they actually check the names when they look up your SSN, it will never come up and you can just say you have not had the time to deal with the SSA to get the name changed from maiden to married.  Both names are your legal name.  Why do all the USCIS forms have the other names used section on them--it is to list all legal names associated with you.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2014-02-14 09:42:00
Removing Conditions on Residency General DiscussionI-751 July 2013 Filers

Hi everyone, just got my letter of approval today. the decision was made last september 9/19/2013. i'm happy that everything went well. NO RFE and NO interview.. wishing all the best for you guys!!! 

 


rstamaria2013Not TellingPhilippines2013-09-22 19:39:00
Removing Conditions on Residency General DiscussionI-751 July 2013 Filers

bio metrics scheduled on Aug 2, 2013. thanks

 

California Service Center (5 applicants)


VJName............Date of I-751....NOA1 Date......Biometrics......Approved...
RSTAMARIA2013.......07/03/13.......07/05/13.......08/02/13........--/--/--...
CUTIE BEAR..........07/08/13.......07/09/13.......--/--/13........--/--/--...
NONCHALANTE.........07/09/13.......07/10/13.......--/--/13........--/--/--...
SWAP................07/09/13.......07/11/13.......--/--/13........--/--/--...
DEBZ................07/10/13.......07/--/13.......--/--/13........--/--/--...
 
Vermont Service Center (9 applicants)

VJName............Date of I-751....NOA1 Date......Biometrics......Approved...
SMATHENA............07/01/13.......07/02/13.......08/06/13........--/--/--...
KLS2010.............07/01/13.......07/--/13.......--/--/13........--/--/--...(Divorce waiver)
CLAYTLIN............07/05/13.......07/09/13.......--/--/13........--/--/--...
USUXCIS.............07/05/13.......07/--/13.......--/--/13........--/--/--...
NWANYIOMA...........07/08/13.......07/--/13.......--/--/13........--/--/--...
LVRIESLING..........07/08/13.......07/--/13.......--/--/13........--/--/--...
BRKLNY..............07/09/13.......07/--/13.......--/--/13........--/--/--...
















TLJohnson...........07/11/13.......07/--/13.......--/--/13........--/--/--...
TEXAS-GAL...........07/16/13.......07/--/13.......--/--/13........--/--/--...
SMURFS..............07/17/13.......07/--/13.......--/--/13........--/--/--...
 
 
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rstamaria2013Not TellingPhilippines2013-07-18 17:25:00
Removing Conditions on Residency General DiscussionI-751 July 2013 Filers

 

So, 07/09 is letter received date, right? Then you need the Receipt Date on your NOA letter for the list wink.png (07/06?)

--------------------------------------------

 

sorry guys! just ignore my previous post. i sent out my application on "JULY 3, 2013" and receipt date is "JULY 5, 2013" SORRY for not paying attention. my bad!!!!


rstamaria2013Not TellingPhilippines2013-07-13 12:34:00
Removing Conditions on Residency General DiscussionI-751 July 2013 Filers

Adding rstamaria2013 to CSC list smile.png Is the Receipt Date on your NOA letter 07/09?

 

 

 

California Service Center (4 applicants)

 

VJName............Date of I-751....NOA1 Date......Biometrics......Approved...
RSTAMARIA2013.......07/05/13.......07/09/13.......--/--/13........--/--/--...

CUTIE BEAR..........07/08/13.......07/--/13.......--/--/13........--/--/--...

NONCHALANTE.........07/09/13.......07/--/13.......--/--/13........--/--/--...

DEBZ................07/10/13.......07/--/13.......--/--/13........--/--/--...

 

 

Vermont Service Center (4 applicants)

VJName............Date of I-751....NOA1 Date......Biometrics......Approved...

KLS2010.............07/01/13.......07/--/13.......--/--/13........--/--/--...(Divorce waiver)

CLAYTLIN............07/05/13.......07/--/13.......--/--/13........--/--/--...

NWANYIOMA...........07/08/13.......07/--/13.......--/--/13........--/--/--...

BRKLNY..............07/09/13.......07/--/13.......--/--/13........--/--/--...

 

 

 

IMPORTANT!

* Make sure that your VJ Text Editor setting is set to Rich Text Editor.
* Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.
* Please DO NOT change the font, font size, add colors, stuff like that.
* Please PREVIEW before posting to make sure it is properly formatted.
* Please check that you have not deleted anyones NAME & DATA.

Date of I-751 = The Date you sent your application
NOA Date = The Receipt Date on your original NOA letter
Biometrics = The Date of your biometrics appointment
Approved = The Date your case was approved

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------------------------------------------------------------------------------------------------

 

yes,for the NOA1  i got it on july 9. thank you for adding me on the timeline. 

 

 


rstamaria2013Not TellingPhilippines2013-07-12 21:57:00
Removing Conditions on Residency General DiscussionI-751 July 2013 Filers

hello guys, i filed my ROC application last july 5 and received NOA1 july 9, 2013. im stil waiting for the biometrics thanks. (CSC filing center) 


rstamaria2013Not TellingPhilippines2013-07-11 00:06:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsCase number??

Yeah those are helpful posts, but I waited the full 8 weeks to get my case number from NVC. 

 

Sorry! Mine was actually K-1. Not sure what the process is for IR-1. good luck!


jansencudalMale02013-12-16 13:51:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsCase number??

Yeah those are helpful posts, but I waited the full 8 weeks to get my case number from NVC. 


jansencudalMale02013-12-16 13:49:00
Removing Conditions on Residency General Discussionre-entry with noa1 & expired GC when new 10yr GC is waiting in US

I am currently  visiting family outside of the country and my I-751 was approved which is great. However, am I  ok to still enter on my expired GC and the NOA1 even though my new 10 yr GC is sitting in my mailbox for me? I  will return about 10 days after the card will have arrived n my  mail box at home.

 

Will I be ok  returning and should I imediately tell the border agent about my sitiuation  or wait to be asked?

 

Thanks

 

 

Most people have had more trouble being allowed on the airplane with an expired GC and the original extension letter or AP--Frontier was one.  Once you get to the US the CBP person will scann in your old GC and up will pop that you have a new GC.  You may get asked about this and all you have to say is that it arrived while you were outside the US so you are using the expired GC and extension letter.  Having the new GC does not make the extension letter invalid.

 

I would check with the airline that they know about the extension letter and expired GC--most major air carriers that fly to the US do, but some employees may not be properly trained.  In the Frontier case reported here on VJ, the airline employee would not accept the plastic AP card because it used to be paper.  It all boils down to training.  There is this pilot that likes to take pictures of TSA agents in the public area and they want him to delete the photos.  He politely refuses and asks them why.  They state it is against TSA policy which it is not.  So he asks them why he knows more about their own policies then they do and they work for the TSA.  Too many times we are confronted with ill-trained employees (the SSA comes to mind) and allow them to bully us.  Do not let that happen to you.  The expired GC and extension letter are valid proof that you are a LPR of the US and as such should be allowed to board the airplane.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-08-05 15:59:00
Removing Conditions on Residency General DiscussionAddress change not reflected with USCIS

 

Is it a problem that they didn't send me the I-797C?
 

 

 

You have the return receipt to show that you sent in the form.  As long as you sent it to the correct location based on the new address, you can prove that you complied with the law.  The I-797C does indicate that they not only received the form, but processed it too.  You could send in another form and see if it gets processed--I would not bother doing return receipt, I would put ordinary first class postage on it.  As a USC there is not much they can do to you and I do not think there is a fine associated with not filing.  In the instructions it does say to keep a completed copy of the submitted form and proof you submitted it.  The USCIS will accept the USPS return receipt and the copy as proof you comply with this requirement.

 

So you are good to go.

 

Dave


Dave&RozaMaleKazakhstan2013-09-05 16:48:00
Removing Conditions on Residency General DiscussionAddress change not reflected with USCIS

 

Thanks for the info. Did you get an I-797 for I-865? I didn't get any. They just returned the return receipt.

Also, did they send you the AR-11 after you filed I-751?
 

\

 

Yes, I received an I-797C after filing the I-865 that stated they had received my change of address.  The AR-11 was with the reminder letter and it was a very blury photo copy which I think is what really pissed me off--they could not bother to send a good copy of the form for me to use.

 

Dave


Dave&RozaMaleKazakhstan2013-09-04 16:24:00
Removing Conditions on Residency General DiscussionAddress change not reflected with USCIS

 

Thanks for the reply. Sorry I didn't do the research. More questions, so USCIS DOES have our new address somewhere, right? Do we need to include the copies of address change confirmations when we file form I-751?

 

I did just because they sent us an AR-11 form and it was like an insult to me.  They also included the returned envelop from the USPS with the old address and the reminder letter.  I was actually surprised to receive the remnder lettter.  So I sent in the confirmation page for the AR-11 and my I-797 for the I-865 change of address as well.  Just to show them that we complied with their rules.

 

Completely normal.

 

Dave


Edited by Dave&Roza, 04 September 2013 - 03:19 PM.

Dave&RozaMaleKazakhstan2013-09-04 15:19:00
Removing Conditions on Residency General DiscussionGreen Card renewal/removal of condition

Question about the "Evidence of Relationship" section:

 

The instructions mention a few examples but doesn't clearly state what is sufficient. Is it sufficient if I only submit our jointly filed tax return documents for 2012 ?

 

That is because each case is different.  The whole purpose of the ROC is that the USCIS put a condition on the GC.  That condition is that you have to PROVE to them that your marriage is not for circumventing immigration laws.  How do you do that?  The USCIS wants to see that the two people are combining their lives like most normal couples do.  How do you show that?  The USCIS puts a lot of emphasis on the combining of assets--i.e. bank accounts, cretit cards, common residents, beneficiary of employer's benefits, WIlls, Power of Attorney, Estate planning, and of course income taxes.

 

Since the time period covers two years you should have at least 2 years worth of income taxes to show them (we had 3 years of income taxes).  You send them what you can and given your lack of combined assets, you might want to send in a few affavadits from friends and family.  Most ROC are approved without interview.  I would expect that your case will be selected for an interview, but maybe not.  The ROC is very, very case sepecific and the guides mention some things you can include, but they may not apply to your situation.  I sent in the trips we took together and that we brought her Mother to the US.  No mortgage, no lease, no utility bills, but she was listed as beneficiary on my employer's benefits and she was a joint account holder on my investments and CC.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-09-09 09:16:00
Removing Conditions on Residency General DiscussionHighlight Names on Copies of Evidence?

I was just wondering if anyone else chose to highlight the beneficiary name etc. (ie the applicant for lifting of conditions) on the copies of documents? 

 

I wanted to do it just to make it simpler for the officer to spot where I am listed as my husbands beneficiary on all these papers, but the hubby was concerned this could cause them to reject the evidence/not be able to make their own copies?

 

Has anyone else highlighted/labelled their evidence copies this way and it's been fine?

 

Thanks! 

 

No, I just printed out the copies and sent them in as is--no highlights nor redacting.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-09-09 14:43:00
Removing Conditions on Residency General DiscussionI-751

Hello,

If there is an error in my I-751 application will the reviewing agent let me knoe emmediately? Ive read that the Vermont service center is behind 3 weeks. Im about a month away from the deadline for my wifes green card. So im worred that if there is an error I may not get it back to them in time.

 

 

First relax and realize that your wife's GC is going to expire before you get the new one.  That is okay as the NOA1 is a 1 year extension of the GC and can be used for travel and employment.  My wife's GC expired in May and we filed the end of February. She did not recieve the 10 year GC until the end of June.  So her GC was expired 1 month, but we ahd the extension letter.  The only time to panic is if the extension letter is about to expire and still no GC.  Do you file for citizenship or renew the GC?

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-09-19 11:04:00
Removing Conditions on Residency General Discussionremoving the condition status in my GC

Btw, they can accept late ROC applications.  it appears the OP filed the wrong check in May, and then only in September sent in a new application.

 

It is possible that this application will be accepted.  You can also file ROC from abroad.  But it sounds like the husband filed the ROC.  If the wife didn't sign it or anything then it will be rejected too.

 

 

 

 

 

 

If you read the original post, the OP had the CGC in 2010 which means they had to file at the lastest by the end of 2012 and they filed in May after she had left the country.  So this is not a matter of "we filed on time but included the wrong amount."  It is we failed to file before the CGC expired and then waited several MONTHS after that to file.  Unless they have a good hardship reason, I do not think the ROC will be accepted. THey wasted their money and now have to file the spousal visa.

 

Dave


Dave&RozaMaleKazakhstan2013-09-21 13:44:00
Removing Conditions on Residency General Discussionremoving the condition status in my GC

Vanessa is correct, your ROC applicaion will be denied because you left the country instead of filing for ROC before the 2 year GC expired.  That was your re-entry document to the US.  Now your only options are to obtain a tourist visa--this will be denied because they will think you will use it to come to the US to be with your husband and file for AOS inside the US-- or a spousal visa--the I-130.  The sooner you file the I-130 the sooner you and your husband will be together in the US.

 

Good luck,

 

Dave


Edited by Dave&Roza, 21 September 2013 - 09:48 AM.

Dave&RozaMaleKazakhstan2013-09-21 09:46:00
Removing Conditions on Residency General DiscussionReport of marriage and married name passport

In November we gonna send our ROM packet I just wonder if it is necessary to get report of marriage and have married name passport ?

My passport will be expired in 2015 but in my maiden name...

 

Marriage Certificate is very important, but that was sent in with the adjustment of status (AOS).  For removal of conditions (ROC) it is more important to show since the date of the  marriage co-mingling of your lives.  This proof is usually fiancial in nature like joint tax returns, joint bank accounts, joint credit cards, IDs with a common address, being the beneficiary of the other's employers benefits.  It can also be trips together.  Wills and Power of Attorney also.  The last name is not improtant as my wife has not taken my lastname.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-09-25 16:20:00
Removing Conditions on Residency General Discussionpassport stamp

thanks dave but to be safe side get stamp never know what kind officer we get at airport . thats why .

 

I have read here on VJ that the USCIS will only give you a stamp if you lost the extension letter. Besides it is not the CBP person you need to worry about, it is the airline employees.  So you could get an airline employee who has no clue that the stamp is a GC and not let you board or that the extension letter makes the expired GC valid for travel and not let you board.  The airline employee at check-in did not check to make certain that I had the proper visa.  So I was called to the gate counter for her to check my visa.

 

I would check with your airline and see if they understand about the extension letter.  KLM and Lufthansa do as they list those as valid documents for re-entry to the US--we were travelling and my wife had not received her 10 year GC yet so I checked.  All I am saying is that getting the stamp is not a guarantee that you will not have problems--only an unexpired GC will do that.

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-10-12 19:01:00
Removing Conditions on Residency General Discussionpassport stamp
The extension letter acts as a one year extension of the GC. No need to get a stamp.

Dave


Dave&RozaMaleKazakhstan2013-10-12 15:02:00
Removing Conditions on Residency General DiscussionROC Interview tomorrow

Wait, they need a valid passport for that too? Mine is expired and no intend to leave the country any time soon, that's why I did not do it. Is it required?


For ROC a passport is not required as the person doing the ROC is already in the US and it is up to them as to whether they feel the need for a passport or not. The next passport they get could be a US passport if they go for USC at three 3 years based on marriage to a US citizen and 3 years as a LPR. Of course they cannot travel outside the US without a passport, but there are many USC that do not have a valid passport and only reason that they need one after they book their Carribean Cruise.

The only required documents for ROC are a copy of the front and back of the GC and the I-761 application. All other proof of a bona fide marriage is subjective and based on each couple's situation.

Dave
Dave&RozaMaleKazakhstan2013-02-12 13:04:00
Removing Conditions on Residency General DiscussionROC Interview tomorrow

Ok after waiting a full year for the removal of conditions for hubby's greencard, we are going to the interview tomorrow! I've been working my tail end off getting everything I can think of together to show.

The letter requesting the interview had a list of things to bring so I want to see if anybody else can come up with something I may have forgotten.
In the letter they say to bring: the notice, valid passport, alien car, 2 recent photographs and your spouse.
The list suggests:
1. Joint state and federal taxes for the previous 2 years; (I've got 2010,2011,2012)
2. Joint accounts/bills:(We've got checking/savings accounts, but the only bills in both of our names are the car insurance and cell phone bills, so I've got those too)
3. Insurance policies(car,boat,life,health,etc) (I've got car insurance policies, health insurance statements, dental insurance statements and proof of life insurance that we are each other beneficiaries)
4. Wills of both you and your wife; (we have living wills and healthcare surrogates placing each other as the delegates)
5. Evidence of joint loan applications; (we don't have any kind of loans together but hubby does have a student loan that is paid out through a joint checking account.)
6. Evidence of joint purchases; (we only have bought a car together, it's paid off but both of our names are on the title/registration and car insurance)
7. Power of Attorney; (again the living will and health surrogates)
8. Deeds/lease/rental agreements; (now this is where it gets sticky, the mortgage is only in my name and cannot get it refinanced to put into both names, because of finances/economy etc., BUT I did fill out a quitclaim deed to put him on the deed, but they said I had to pay $350 to get it recorded because there is a mortgage on it. Even though he isn't going to be on the mortgage. So it's done and notarized but not recorded as of yet.)
9. Military; Champus/Doors application etc (Not military so it doesn't pertain to us.)
10. Any other documents to show marital relationship; (I've collected medical, dental statements, bank account statements, Annual passes to Disney world, photographs that weren't in the original packet for I-751, 2 more affidavits from friends/family/coworkers to go with the 3 sent in with original packet.)
11. Submit any divorce decrees/petitions for divorce; (well we aren't planning on divorcing and I was the only one who was previously married so I'm making sure to bring THAT divorce decree with me)

So, I do have junk mail that was sent to him to our address. I had submitted so much evidence in the first I-751 AND the rfe we responded to in November of 2012. Anything else that I may have forgotten?


It looks like enough to me. FYI on the Deed, as you have a Deed of Trust on file for the mortgage, when you pay that off only your name will be listed as property owner and you will need to file a Warranty Deed to give him 50% if that is what you want to do and I would recommend Tennancy in Common instead of Joint Tenants. A Quit Claim Deed would be if you are giving up your right to the land (hence the name quit) and is not the correct instrument to use in this case. I would check the Deed of Trust with the county cleark on-line and print that out as I bet both of you are listed--my wfe was listed on the Deed of Trust.

Relax as I am sure you will be fine,

Dave
Dave&RozaMaleKazakhstan2013-02-12 12:19:00
Removing Conditions on Residency General DiscussionGreen Card Second Interview

Hi guys I need to know if there is going to be another interview by the USCIS because I just recently marry and just brought my wife over from Vietnam, but she only have a temporary green card with a status on it. I heard some people say there is going to be another interview by the USCIS after the two year is this correct? Please let me know if there will be another interview or I just need to fill out a form and that it? The status she has on her green card was a "Condition Status" and they say I have to fill out the Form I-751. They told me they will send me the form and some information before the end of the status and let me know but I want to know is there going to be another interview or I just need to fill out that Form I-751 and that it?

 

You might or might not have an interview for removal of conditions (ROC).  What you need to do is start saving the evidence that your marriage was entered into in good faith.  That is typically financial risk taking by having both members of the household on all assets and liabilities and as beneficiary to each other's employer benefits.  Check the guides for what they are looking for and make a scanned copy of the front and back of the GC NOW and any other documents you have received from the USCIS during this process.  It is more important to worry about the evidence you can accumulate than to worry about another interview.  Most ROC are approved without an interview.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-10-08 17:12:00
Removing Conditions on Residency General DiscussionFiIling ROC soon, question about having been abroad during past year

Hello everyone,

 

I will soon be filing my ROC in November (it expires in Feb), with both excitement and some anxiety and I hope you can offer some insight...

 

Last October, my husband transferred to Japan temporarily for work (he will move back this coming Spring) and so I have been traveling back and forth between Japan and California (I hold both a GC and a Japanese Residence card, which I acquired through my husband). I've spent most of last year in Japan, understandably, the longest I've stayed out of the US continuously was 5 months. In hindsight, I should have registered for an I131, but at the time I didn't think my travels would jeopardize my ROC chances since I wasn't planning to be out of the country for more than a year. (I didn't know about the rule of having to live in the US continuously for 18 of the 24 months.)

 

We own a home and cars in the US, retirement fund, joint banks account, credit cards, things that tie us to the US, and we've paid our US taxes. I've had no intention of abandoning my US residency as I consider my US address to be my primary address.  

 

Should I be worried? Is there anything else I can provide to prove that I have to remain in the US?

 

Thank you!

 

 

 

You are confusing the rules for becoming a USC with those of ROC.  For ROC you do need to live in the US or you need to take measures to protect your LPR status, but it is more important to show you have a bona fide marriage.  By staying with your husband you are doing that.  It shows that he has a temporary job and that you want to be with him and you both still have ties to the US.  ROC is about the marriage and living together and combining two separate lives into a family.  When and if you go for USC then the issue of time spent in Japan and all the residency rules come into play, but first you need to get thru the ROC phase and then deal with USC later. 

 

You need to maintain your LPR status first and foremost.  The I-131 would have allowed you to be outside the US for more than a year and be allowed to re-enter for up to two years.  Since you did not apply for one, you can return to the US before the 1 year is up.  If outside for more than 6 months, you may have to show that you still have ties to the US before the CBP will allow you to re-enter.  Several trips of 5 months out and a few weeks in the US will get you in trouble unless you can show good reasons for the trips and being outside the US more than inside.  Just remember that as a LPR you may be required to prove to the CBP person at the POE that you still live in the US.  If they question that proof, you may be denied entry.  Typically, however, they give you a very strong warning and place a stamp in your passport--it is at this time you should remain in the US for a very long time before travelling again or risk being denied entry.  As long as your husband does not have this job for many years to come, you can live with him in Japan and return to the US to maintain your LPR status.  This should have no impact on your ROC, but it may have an impact on when you can file for citizenship.

 

Good luck,

 

Dave


Edited by Dave&Roza, 19 October 2013 - 03:10 PM.

Dave&RozaMaleKazakhstan2013-10-19 15:08:00
Removing Conditions on Residency General DiscussionPreempt RFE or wait and see?

After reading more about the ROC process here on VJ, it seems very likely than my wife and I will get an RFE because we only sent USCIS a copy of our 2011 (joint) Federal tax return without W-2s (not a 2011 IRS transcript).  Also, since neither of us worked during 2012, our income fell well short of the $19,500 required (by the IRS) to have to file a return.  Since we were only thinking of IRS requirements (and not that USCIS may ask for it at ROC), we haven't filed a 2012 return (yet).

 

I think our other evidence is more than enough to show we're bona fide even without the tax returns (joint bank accounts, car loan/title/registration/insurance, health & dental insurance, utilities, life insurance/IRA beneficiaries, etc.) but I know that taxes carry a lot of weight with USCIS.  We'd prefer to head off any RFE, if possible, especially for something as silly as having not worked in 2012.  Luckily, we had savings.  We didn't work in 2012 but we did enjoy our extended vacation time together after so much time spent apart in 2010. Making up for it now in 2013, though!!

 

Anyhow, we sent in the ROC package without a cover letter or any explanation for the lack of a 2012 tax filing.  Now, even though we haven't received an RFE, would it make sense to go ahead and request a copy of our 2011 transcript from the IRS to have on hand just in case of an RFE OR just to go ahead and send them another copy of our 2011 return, this time with the W-2s and also include a letter of explanation for our lack of a 2012 filing?  I know the NOA1 says you can submit additional (unsolicited) evidence but we are a bit worried that anything we send now may cross paths with any RFE especially since the case has been transfered to another USCIS office...

 

Wait for the RFE if it comes.  What you send in most likely will not get joined with your current file.  Just send in the RFE information quickly.  This will not cause a very long delay in your processing.  Who knows, you may not get an RFE--it all depends on the person reviewing your file.

Dave


Dave&RozaMaleKazakhstan2013-10-23 13:35:00
Removing Conditions on Residency General DiscussionI-751 February Filers, 2013

I applied on February 12, 2013 by CSC and I just got approved yesterday on June 25, 2013!

 

This is so cray-cray! I was thinking I've at least 4 or 5 more months to go! How come they approved me so fast?? I should receive my new card tomorrow!!! YAY!! Now the DMV should hopefully give me a license!

 

 

Why would the DMV not issue you a DL based on the 2 year GC?  I find this strange.  The only reason I could think of is the expiration date, but why not issue you a DL that expires when the 2 year GC expires?

 

Congrats on the approval and hope you do get your DL,

 

Dave


Dave&RozaMaleKazakhstan2013-06-26 08:43:00
Removing Conditions on Residency General DiscussionI-751 February Filers, 2013

E-mail notification followed by me logging onto the website to check.  They ordered card production today.  So we may be travelling with the new GC instead of the expired one and extension letter.

 

I've noticed January moving faster so here is hoping everyone else gets approved soon.

 

Dave


Dave&RozaMaleKazakhstan2013-06-21 22:45:00
Removing Conditions on Residency General DiscussionI-751 February Filers, 2013

California Service Center (18 applicants)

VJName      ...........Date of I-751......NOA1 Date......Biometrics......Approved....
INLOVE4LIFE........01/28/13.........02/04/13........03/04/13.......--/--/--....
RELEY..............01/31/13.........02/01/13........02/28/13.......--/--/--....
TMGKOHLER..........02/01/13.........02/??/13........02/27/13.......--/--/--....


VISCACHA...........02/05/13.........02/07/13........03/12/13.......--/--/--....
BBUTTERFLY.........02/05/13.........02/07/13........03/12/13.......--/--/--....
BWANA57............02/05/13.........--/--/13........--/--/13.......--/--/--....
SAMY AND I.........02/07/13.........02/11/13........03/15/13.......--/--/--....
NADJA&CURTIS.......02/08/13.........02/11/13........03/15/13.......--/--/--....
AMBERLM............02/08/13.........02/11/13........03/14/13.......--/--/--....








ROV................02/12/13.........02/13/13........03/13/13.......--/--/--....
SUNDROP............02/14/13.........02/19/13........03/18/13.......--/--/--....
BHEBE..............02/16/13.........02/19/13........03/18/13.......--/--/--....(Early Bio 03/01)
VRS................02/19/13.........02/20/13........03/19/13.......--/--/--....
NISHA..............02/19/13.........02/21/13........03/19/13.......--/--/--....
XXTINAXX...........02/22/13.........02/25/13........03/25/13.......--/--/--....
SWOOVER............02/24/13.........02/27/13........03/27/13.......--/--/--....
WEEC...............02/27/13.........03/04/13........03/29/13.......--/--/--....
Dave&Roza..........02/27/12.........03/04/13........03/29/13.......06/21/13

Vermont Service Center (23 applicants)

VJName...........Date of I-751......NOA1 Date......Biometrics......Approved....
LAURA&LEO..........01/30/13.........02/04/13........--/--/13.......--/--/--....
CHELSEAKATE........02/01/13.........02/05/13........03/01/13.......--/--/--....
SALJOY.............02/02/13.........02/05/13........03/05/13.......--/--/--....
NA123..............02/03/13.........02/05/13........03/05/13.......--/--/--....
SPELAD.............02/04/13.........02/07/13........03/14/13.......--/--/--....
WEESCOTLASSIE......02/06/13.........02/08/13........03/15/13.......--/--/--....
MRS ABENETO........02/08/13.........02/12/13........03/07/13.......--/--/--....
TOUFIQ.............02/08/13.........02/14/13........03/13/13.......--/--/--....
CECE...............02/11/13.........02/14/13........04/08/13.......--/--/--....
REDDSTARS..........02/11/13.........02/26/13........03/25/13.......--/--/--....
MEDTAV.............02/12/13.........02/15/13........03/18/13.......--/--/--....
TASH24.............02/13/13.........02/19/13........--/--/13.......--/--/--....
MARIZHELL..........02/14/13.........02/19/13........03/19/13.......--/--/--....
HALFNHALF..........02/19/13.........02/25/13........03/26/13.......--/--/--....
WOODEN TULIPS......02/19/13.........02/27/13........03/22/13.......--/--/--....
LINDSAY1811........02/20/13.........02/22/13........03/19/13.......--/--/--....
MISS JESS..........02/20/13.........02/25/13........??/??/13.......--/--/--....(Late Bio 04/04)
QASHA..............02/22/13.........02/25/13........03/26/13.......--/--/--....
RICKY+VANESSA......02/23/13.........02/27/13........--/--/13.......--/--/--....
MATT N SHANNON.....02/24/13.........02/28/13........03/29/13.......--/--/--....
J E N N Y..........02/25/13.........02/28/13........03/29/13.......--/--/--....
YANKEPEACH.........02/27/13.........03/04/13........04/02/13.......--/--/--....
VARYAG.............02/28/13.........03/04/13........--/--/13.......--/--/--....





































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Dave&RozaMaleKazakhstan2013-06-21 22:32:00
Removing Conditions on Residency General DiscussionChange of Address question

Hello Everyone, 

 

I'm a LPR and I'm putting together my I-751 package. In May of this year I sent form AR-11 through the postal service along with my husband's form I-865 (sponsor's change of address) and about two months later my husband received a NoA stating his change of address. In my case, I didn't receive any NoA nor I contacted them. Yesterday, a remainder of filing the I-751 arrived at my previous address which made me realize that my form didn't go through and USCIS doesn't have my new address on file. I know it's late but what do I do? Should I send it again? How much trouble did I get myself into? Would they deny my application because of updating my address when it's too late? 

Maybe I had too much going on at the time and that's why I forgot about it. I know I should've called USCIS as soon as possible instead of rushing and worrying now but I'd like to know if anyone has gone through the same.

 

I'm sorry for being so stupid and careless. 

I completed the on-line AR-11 form and printed out the confirmation number and saved that.  When it came time to file for ROC, we also received a reminder letter that was sent to the old address with a sticker that said the forward order was no longer valid, but USCIS did manage to send it to the correct address with a very bad photo copy of the AR-11 form.  I put the AR-11 form along with the confirmation page and my I-865 confirmation form on top of our ROC file right under the cover page and the actual form.  It was just to show them that I followed the rules now why don't you have our correct address.

 

Do not worry as the address you put on the ROC form will be the address the USCIS will put on your file and send the GC to.  Not sure why the right hand cannot get the updated address from the left hand, but this is the USCIS we are talking about.

 

Relax and enjoy the fact that you will soon be done with the USCIS.

 

Dave


Edited by Dave&Roza, 22 November 2013 - 11:24 PM.

Dave&RozaMaleKazakhstan2013-11-22 23:23:00
Removing Conditions on Residency General DiscussionTraveling abroad close to expiration date

Hi, 

 

My husband's 2-year green card expires in March; he has a trip planned to go back home (his first in 27 months!) and will be back in early January. Do you think he will run into issues? 

 

Thanks! 

 

 

Leave on the trip, have fun and when he returns he should be in the window to file for ROC--90 days before it expires.  Typically the bio appointment is 30 days after they process the application and issue you the  NOA1 which can be used with the EXPIRED GC to gain re-entry to the US.  Do not take the original extension letter with you until he travels on the EXPIRED GC.  As long as his GC is valid he will be allowed to board the airplane and be readmitted by the CBP.  Short trips on the GC are easy.  It is only when you have made a long trip--more than 6 months but less than a year--or several short trips that add up to more than 6 months do you run into problems.  I would also suggest you scan in a copy of the NOA1 and his current GC--front and back--just in case.  I have done that throughout this entire process just so I have a copy of everything.  Those copies are on several different computers.

 

To add to the above posted, if you do not receive the 10 year GC by the time the extension is to expire, do not apply for another I-551 but rather file for naturalization as this will force them to make a decision on the ROC.

 

Good luck,

 

Dave


Edited by Dave&Roza, 23 November 2013 - 01:51 PM.

Dave&RozaMaleKazakhstan2013-11-23 13:48:00
Removing Conditions on Residency General DiscussionI-751 January 2013 still waiting??!

HI everyone, 

 

 

We filed in January 2013 (details in signature) at Vermont center. Recently (October) received an RFE to provide Police Clearances because my biometrics failed twice. We sent them in and they were received 2 weeks ago. 

 

Anyone experience a similar RFE and how long did you wait before receiving your card or an interview? We're really worried about too long delays, we're trying to travel out of country for Christmas and it seems we may have to cancel our travels sad.png  

 

what kind of turn-around can we expect after RFE response...does anyone have experience with Police Clearance RFEs? are other january filers still waiting? it's been so stressful waiting and not being able to travel, and looks like we won't have x-mas either ClockWatch2.gif

 

Why are you not travelling?  You have an expired GC with a one year extension. Why not use it?  The only issue will be if the airlines are not trained very well and do not know about the extension letter, but most major international air carriers know that with the ORIGINAL extension letter and the expired GC, you will be admitted back into the US.  Also, if it comes to you being within 90 days of your third year as a LPR, file for Naturalization so it will force them to make a decision on the ROC. 

 

You can travel.

 

Dave


Dave&RozaMaleKazakhstan2013-11-19 23:05:00
Removing Conditions on Residency General DiscussionI-751 Help - Filed in December/2012 and still no decision

 

When the N-400 is filled, does one receive a letter extending the CR conditions another year or should we still do what Navyk suggested and get the passport stamped via an INFOpass appointment? 

 

Make an INFOpass appointment to see what is up with your application AND get the stamp in your passport.  Then you can file for citizenship if you so choose.  That way IF you should decide to travel, you can without having to scramble to get the stamp on short notice.

 

Dave


Dave&RozaMaleKazakhstan2013-12-08 00:11:00
Removing Conditions on Residency General DiscussionI-751 Help - Filed in December/2012 and still no decision

 

Hello all,
 
It's been almost a year since we filed our I-751. In the meantime, we have received and sent the RFE, and our case has been sent to the local USCIS office even though the online case status doesn't say that. We need your advice on how to proceed. 
 
- I-751 package sent.
- Biometrics taken.
- RFE received. 
- RFE documents sent.
- No response received from USCIS in 60 days. Opened service request.
- Received an e-mail from local USCIS office acknowledging service request and saying, "Your application was recently received at this field office and will be processed in the order received. We regret that we are not able to give you a timeframe for when we will complete the review of your application."
- Still no progress. The online case status says, "Your address was changed relating to the CRI89, PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED that you filed."
 
Thank you!

 

 

Two options.  1) make an INFOpass appointment to see what is up with your application and/or 2) file the N-400 to become a USC.  Either way you will need to get the extension letter extended if planning any travel outside the US after the 1 year extension expires.  You can do that when you are at your INFOpass appointment.  You can also see if your congresscritter can be of any help.  You need to start making a pest of yourself as one year is way too long for this to take.

 

Good luck,

 

Dave

 

P. S.  You will get the standard wait 30 or 60 days before calling us or contacting us standard reply.  Screw that, you have waited patiently for almost a year.  Start calling and bugging them until you get results.


Edited by Dave&Roza, 06 December 2013 - 09:51 AM.

Dave&RozaMaleKazakhstan2013-12-06 09:48:00
Removing Conditions on Residency General DiscussionFiling Removing conditions on residency

I have a 2-year-green card that expires in the beginning of May and just had a couple questions due to my coming job and relocations. 

 

I understand that I need to file my petition to remove condition on my residency in 90 day period before my green card expires, which mean i can start filing in the beginning of February. I have a training for my new job in the mid Feb till the mid April far away from home. After my training I will be relocated somewhere else which I don't know where it will be yet. I wanted to file the petition right in the beginning of Feb, but it seems like that wont be such a great idea since if I get the biometric appointment soon after, I won't be able to make it and I don't know how they will handle the situation. So I am almost thinking I will have to wait until I get out of my training which will be mid April, and file the petition in the end of April? which only gives me a few days before my green card expires. I really don't know what would be the best way to do this.... Could I possibly file the petition in Feb before I go to my training, and have them schedule me for biometric in the mid April? 

 

I really don't want any complications with my new job and my green card... Please help!

 

Thanks in advance! 

 

 

Typically the bio appointment  is about 1 month after they process your application and send the NOA1. You can send it anytime from where ever you are. I would file around the middle of March so the bio appointment is scheduled around the middle of April when I would be back.  Like others have said, if you can have the mail watched then file early and handle the bio appointment as you see fit.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-12-10 15:03:00
Removing Conditions on Residency General Discussionexpiration of conditional residency

Hi Everyone,

 

I have a question about the I-751 application specifically part 1 item 15 (conditional residence expires on....). It seems pretty simple but I'm confused because of the discrepancy on the dates on my green card and the notice I got at my AoS interview. This notice says I'm admitted until march 11, 2014  but my green card says march 12, 2014. What should I do? Should I add a copy of this notice? I know it's late and I should've  done this earlier but there's a lot in my plate right now.

 

I appreciate any ideas

 

You put down the date on the GC as it is the official document you use not  some letter.  Your "residency since" date is the date you use to apply the 90 day window to.  So if you have been a resident since March 12, 2012, then your 90 day window opens December 12, 2013.  You now having until March 12, 2014 to file the ROC.  Don't wait too close to the expiration date of you GC.

 

Good luck,

Dave


Edited by Dave&Roza, 18 December 2013 - 01:03 AM.

Dave&RozaMaleKazakhstan2013-12-18 01:02:00