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Ashcans posted:Once that is approved, the case would be transferred to the NVC, and at that point you would need to file the I-864 and show your ability to support your family - this can be a current salary, but you can also do it through assets. So I can use my current job in Japan as proof?
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Aug 1, 2015 00:35
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No but they won't ask you for financial stuff for at least 3 months into the process if not 6.
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Aug 1, 2015 00:42
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Got to the border today and they let me in  Husband got a follow up email to our call saying they'd mailed us another NOA1 and restated our case number which we presented when questioned at customs. Got pulled in for secondary questioning briefly then told to bring the actual NOA next time and they sent us on our way.The my uscis case tracker is also showing us as approved as of July 30th! I'm in the US until the end of January so I can cautiously expect to have an interview not to long after that assuming we get the paperwork in promptly and don't have any snags/too many RFEs, yes? All in all a very good day aside from the 14 hours of driving. 
AzureSkye fucked around with this message at 03:01 on Aug 2, 2015 |
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Aug 2, 2015 02:43
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Hi guys! Not an immigration question per se, but I'm wondering about the best procedure for the following. My boyfriend (US citizen) and I (German) want to get married next year. We live in Australia and intend to stay here, but we thought it'd be nice to get married in the US so his family can attend (mine can travel more easily). Can I just go there on a visa waiver, get married and leave (this should take less than 30 days)? Or do I need a K-1 visa, even if we are sure we're not staying? [edit] After looking around a bit more, I'm now fairly positive I can enter with a visa waiver, but I'll need to prove "non-immigration intent". I can show a bank account statement and get an "evidence of enrolment letter" from my university, would I need much more? plasmoduck fucked around with this message at 06:56 on Aug 2, 2015 |
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Aug 2, 2015 06:35
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Is this the notice for the NOA2? Too early for paperwork to come in. Edit: Yes it is  plasmoduck posted:Hi guys! Not an immigration question per se, but I'm wondering about the best procedure for the following. From what I've read, you can enter the US on a regular tourist visa, but immigration is going to ask you why you're visiting. If you tell them you want to get engaged there, you should make sure you have a drat convincing case for leaving and returning home again, such as a note from your employer of when you're expected back to work, rental agreements, return flight tickets, etc. Essentially, you need to prove you're not going to get married and then live in the US illegally. If you tell them something else when you enter and USCIS catches wind of it, they could (theoretically) bar you from future entry, even if you have a visa later. Like if they find out you planned on getting engaged and lied about why you were coming in the country. I don't know how often that actually happens, but that's the risk. PRADA SLUT fucked around with this message at 22:42 on Aug 8, 2015 |
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Aug 2, 2015 07:15
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I just submitted my n-400 to become a US Citizen. I predict no problems, since I travel only to Asia and Eastern Europe (spent 40 days out of the past 5 years out of the country), no criminal record, have no Nazi ties, am not a habitual drunkard, never forced anyone under the age of 15 into armed conflict, and I'm not a communist. What are things that could go wrong for me? I would love to worry for the next five months (just dropped off yesterday!)
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Aug 28, 2015 03:49
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Well, USCIS could always lose your application and then not acknowledge it, leaving you to sit in an indefinite limbo for years. So that is something! Alternatively, at your interview you could get an officer who has been driven to the brink by his father listening to Trump speeches all night, and has finally snapped and decided to bar all wrongvoters from citizenship. Or you could go out for a drink and meet some guy and then you realize he is way too smashed to drive home so you do the right thing and decide to drive him back to his house, only you get pulled over by the police and it turns out the car is stolen and the trunk is full of guns and heroin? The world is an oyster filled with pearls of misfortune!
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Aug 28, 2015 15:02
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Well that's exciting to think about. I guess I'll just quietly slip in my Tea Party allegiance and let all the drunks smash into trees until I get my application approved. I checked this week, and Tuesday they cashed my check. So someone got it and sent it off, starting the process off and good. I alternatively could marry my partner of 12 years for my citizenship, as our families have joked for about 8 years now.
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Sep 7, 2015 02:57
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Wife and I traveled back into the states together and border control/DHS didn't even notice the greencard was expired. ¯\_ _/¯ The airline computer overseas caught it immediately somehow.
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Sep 12, 2015 11:42
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Permanent resident status approved, green card ordered to be produced Thank loving christ that is over with.
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Sep 15, 2015 16:07
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When we moved I thought I'd sent in the change of address form but maybe not because I got mail that had been redirected from the USCIS and they helpfully included the form. Can I just send that in and otherwise move on with my life? I'm not sure there's much else I could do but just in case.
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Sep 24, 2015 00:16
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You can fill out the change of address online if you want to, and just keep the confirmation that it gives you. Or mail it in, that's fine too, the online thing seems to work more effectively though. If you are concerned that you didn't do it in a timely manner or something, don't worry about it. I don't think I have ever even heard of someone getting in trouble for not filing the AR-11 timely, unless maybe they are already in trouble for a bunch of other stuff and someone decides to throw it on the heap. I am forever hounding people about it and no one ever seems to get anything for it.
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Sep 24, 2015 01:10
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Ashcans posted:You can fill out the change of address online if you want to, and just keep the confirmation that it gives you. Or mail it in, that's fine too, the online thing seems to work more effectively though. Yeah, I was a little concerned since you're supposed to do it in 90 days of moving or whatever. Thanks for the reassurance. Now I get to go through the excitement of putting together proof of a bona fide marriage to get my wife's non-conditional green card.
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Sep 24, 2015 03:07
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Pretty soon here my wife and I will have been married for three years and we've been in the states since 10/06/2013. She has had her green card since 08/12/2014. We own a house with no debt and she has a car with no debt and she's going to school, in case any of this is relevant to our question. I'm also a U.S. citizen by birth. She really wants to get U.S. Citizenship as soon as possible but it looks to me like she won't be eligible to apply yet since she has not been in the country with a green card for three years. Is there any chance that she would be able to get it if we applied? If we can't get it alone would a lawyer be able to help or would it just be a waste of money?
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Sep 29, 2015 01:54
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Cuatal posted:Pretty soon here my wife and I will have been married for three years and we've been in the states since 10/06/2013. She has had her green card since 08/12/2014. We own a house with no debt and she has a car with no debt and she's going to school, in case any of this is relevant to our question. I'm also a U.S. citizen by birth. She can file her N-400 90 days before three years elapse with the green card: 5/12/17.
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Sep 29, 2015 02:16
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No. A spouse of a USC has to be a green card holder for 3 years before they apply for citizenship. You can find ways to wave the residency requirement and the physical presence if you are lucky, but you still have to have had the card for 3 years first. The only exemption is if your USC spouse is being stationed/employed overseas, because then accompanying them would endanger your residence through being outside the US too long. Otherwise you just have to wait until 8/12/2017.
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Sep 29, 2015 02:25
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Thanks for the fast responses. I guess we're just going to extend her green card for now then, which looks a lot easier than applying for it for the first time.
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Sep 29, 2015 03:05
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Cuatal posted:Thanks for the fast responses. I guess we're just going to extend her green card for now then, which looks a lot easier than applying for it for the first time. I'm assuming by this that your wife has her conditional (2-year) green card? If so, she still needs to undergo removal of conditions before naturalizing (there are occasionally circumstances where a spouse may find themselves filing both applications simultaneously), see http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html
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Sep 29, 2015 04:21
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Powerlurker posted:I'm assuming by this that your wife has her conditional (2-year) green card? If so, she still needs to undergo removal of conditions before naturalizing (there are occasionally circumstances where a spouse may find themselves filing both applications simultaneously), see http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html Oh wow, didn't know about this, thanks. So would we file this along with the I-90 and send it all in one envelope or do the I-90 online and mail the I-751? From what I could find it looks like the I-751 can only be done three months out from the green card expiring but the lady who did our interview and I think I saw it somewhere on the USCIS website recommended that we submit the I-90 six months from the green card's expiration date. Can we submit the I-90 and the I-751 together six months before the expiration date or is that three month period set in stone? Or is this all completely wrong and we need to file the I-751 first before filing the extension? If so three months to file the I-751 and the I-90 seems like cutting it short. Cuatal fucked around with this message at 23:05 on Sep 29, 2015 |
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Sep 29, 2015 22:17
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If someone is in the United States and gets a misdemeanor DUI but completes all the required things is it more difficult to get your papers? The person has been married to a US citizen for over 12 years with no arrests other than that and has been in the US since a child at age 11.
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Sep 29, 2015 22:55
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Tony Homo posted:If someone is in the United States and gets a misdemeanor DUI but completes all the required things is it more difficult to get your papers? The person has been married to a US citizen for over 12 years with no arrests other than that and has been in the US since a child at age 11. You need to provide more information. What is the alien's immigration status now? If no status, how did the alien arrive in the US? With a valid visa, or sneaking across the border? What do you mean by 'papers'?
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Sep 30, 2015 00:49
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TheImmigrant posted:You need to provide more information. What is the alien's immigration status now? If no status, how did the alien arrive in the US? With a valid visa, or sneaking across the border? What do you mean by 'papers'? Came over with her mom at age 11. Got a work visa that expired many many years ago. She is 37 now. Never had any run in with the law except for a month ago. By papers I mean can she get her citizenship being married 12 years with 4 kids with an American citizen after getting a misdemeanor DUI?
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Sep 30, 2015 01:03
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Cuatal posted:Oh wow, didn't know about this, thanks. So would we file this along with the I-90 and send it all in one envelope or do the I-90 online and mail the I-751? From what I could find it looks like the I-751 can only be done three months out from the green card expiring but the lady who did our interview and I think I saw it somewhere on the USCIS website recommended that we submit the I-90 six months from the green card's expiration date. Can we submit the I-90 and the I-751 together six months before the expiration date or is that three month period set in stone? If your wife has her 2-year green card, the only thing you file is the I-751 (and all the other paperwork that entails). The I-751 may not be filed more than 90 days before the expiration of the conditional green card. When it's processed and approved (normally it takes about six months or so), your wife will get a 10-year green card that can be renewed through the I-90 (if she chooses to keep her green card instead of naturalizing). When USCIS receives the I-751, your wife will get a letter from them which extends her green card for 1-year while they process it. At no point do you need to do anything with an I-90.
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Sep 30, 2015 01:13
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Tony Homo posted:Came over with her mom at age 11. Got a work visa that expired many many years ago. She is 37 now. Never had any run in with the law except for a month ago. By papers I mean can she get her citizenship being married 12 years with 4 kids with an American citizen after getting a misdemeanor DUI? This person needs to retain an attorney to review her situation in detail and advise her how to proceed with representation. The timeline here is unclear and has substantial gaps, but it sounds like they were in status and have now been out of status for a very long time. That is not insurmountable with a USC marriage, but she needs to proceed carefully. Drug and Alcohol offenses can be a much bigger problem in immigration than they appear from a criminal perspective, so it is not a non-issue. She should have found a lawyer that handles both criminal and immigration matters when she had the DUI. Criminal attorneys will get you the best deal for a criminal charge without necessarily understanding the immigration effects (if she even disclosed that to them). Now she is going to be stuck with whatever that was, and will have to work with it, hopefully it can be solved.
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Sep 30, 2015 02:09
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MY FOREIGN FIANCEE is getting extremely worried about the income part of the interview (she will be interviewing for the K1 in about a month). She's worried over the fact that I barely make the minimum and it's a brand new job for me (I'm still in school) with questionable long-term potential. She's heard of people getting denied for things like this since my job is uncertain. In these situations, do they take into account the "big picture" or do they just go straight by my numbers? I ask because she's extremely employable (she has a masters degree in computer science and 7 years of work experience, companies like Intel have expressed interest in hiring her once she gets her paperwork), but I am just passing the income threshold by a razor's edge and my job is a contract position with an uncertain future in 6 months. I previously for a prestigious finance company but quit to go back to school, so my current income is that of a college student but I have a tax record from two years ago showing my older (higher) level of income. That will also be the tax document I turn in, since I wasn't required to file a return since then (it's my most current tax return, even though it's two years old). She's got about $20k as well saved herself, but my understanding is that they don't care about those things when reviewing eligibility?
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Sep 30, 2015 02:19
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So I'm working on my wife's I-751 and I have a stupid question, but what exactly constitutes "verification that [tax returns] were submitted to the tax jurisdiction?"
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Oct 3, 2015 03:40
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RICHUNCLEPENNYBAGS posted:So I'm working on my wife's I-751 and I have a stupid question, but what exactly constitutes "verification that [tax returns] were submitted to the tax jurisdiction?" What are you talking about? I don't see that language anywhere on the I-751 or the published instructions thereof.
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Oct 3, 2015 05:49
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Ugh. NVC is requesting my birth certificate. Problem is I don't have one as I was born in a refugee camp. I sent them a copy of the United Nations letter confirming I was born in a camp and no birth certificate is available.
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Oct 3, 2015 13:10
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If there is no certificate available, we usually include an affidavit from someone who can attest to the details of the birth. So if you have a parent or relative or someone who was there and is still around to do that, you might want to get one completed (or two, if you can) to verify your details.
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Oct 3, 2015 13:45
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Powerlurker posted:What are you talking about? I don't see that language anywhere on the I-751 or the published instructions thereof. It's in the letter they sent us telling us to get started on an I-751.
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Oct 3, 2015 14:32
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Ashcans posted:If there is no certificate available, we usually include an affidavit from someone who can attest to the details of the birth. So if you have a parent or relative or someone who was there and is still around to do that, you might want to get one completed (or two, if you can) to verify your details. Yeah that's what they requested. Do you know if it needs to be notarized?
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Oct 3, 2015 16:38
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It's not required, no, but having an affidavit that is notarized or otherwise attested (some countries like India use a special notary paper for affidavits) can help reassure them that it's a legit thing and you didn't just get a friend to do it. We regularly use unnotarized affidavits to complement an incomplete certificate (so one exists but doesn't contain all the information we want). If there is none at all you want to up that to make up for it. If you have any documentation that does show your name/date/place of birth like school records or something, you can also include those.
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Oct 3, 2015 19:11
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I'm in the early stages of applying for a green card through consular processing. My I-130 petition was approved at the end of August and I got the notification that the petition was being forwarded to the NVC and that I would be hearing from them soon. Blah blah blah if I didn't hear from them in 30 days, to send an email to the NVC service desk. Well I haven't heard anything and my two emails to the service desk have gone unanswered. Any ideas on what else I can do?
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Oct 5, 2015 18:00
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You might have better luck trying to call them. If your petitioner is in the US they could do it too, but otherwise you might just need to eat the time difference/hassle and make the call yourself. You might not get a useful resolution right off, but you can at least talk to someone and get a name/ID so that you have some evidence your contact isn't just flying off into the ether.
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Oct 5, 2015 19:03
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Ashcans posted:You might have better luck trying to call them. If your petitioner is in the US they could do it too, but otherwise you might just need to eat the time difference/hassle and make the call yourself. You might not get a useful resolution right off, but you can at least talk to someone and get a name/ID so that you have some evidence your contact isn't just flying off into the ether. We're both in France but I don't care that it's a hassle / time difference / cost of calling etc. I just want to get this moving again. I didn't even realise they had a phone number but a simple google search has helped.
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Oct 5, 2015 19:27
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It's a bit of a ways off but I might need the time to get some of the documents prepared, so my next question for you helpful and knowledgeable guys is what kind of documents are they looking for for the I-751? Both of our names are on our house title, so that's a big one we're going to submit, but despite me asking when we signed up for electricity/internet (water is included in our HOA fees) the accounts can only have one name on them. Both of our names are on our car insurance so we're going to submit that. Do we need to resubmit all the same pictures and stuff from the initial green card application? Can my parents do the two affidavits or is that considered a conflict of interest and looked down upon? I don't really know who else could do them if my parents can't, I'm not exactly a social person with tons of friends. What are the chances of the people actually getting interviewed? One of my good friends who would do one is basically a criminal and I don't know if that even gets checked and if it would reflect badly on us. Can we reuse the affidavits from the original application (I'm guessing no)?
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Oct 6, 2015 13:38
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You can't reuse stuff from the original application. The whole point is that you are trying to show that the relationship is real and remains real, not just resubmitting all the stuff that passed initial muster. I would actually say that resubmitting stuff is worse than submitting less, because it's basically saying 'I have done nothing to demonstrate this relationship in two years, please don't notice that'. Things that you can use: - Pictures of you together (taken since the initial application) - Affidavits from your family (yes, it can be your parents, although non-family is also good.) I am not aware of people providing these ever being contacted and interviewed for the application - at most, they may ask you to interview you and your spouse and just disregard the affidavits if they don't find them convincing. - Any financial/life documentation that shows your connection; house title is good, car title/loan is good, also look at stuff like your insurance policies, health coverage, who is the beneficiary on your 401k/etc if you die. If you do not have a shared bank account, go ahead and get one. - If you are short on the above, you can even use stuff like copies of emails, facebook pages, phone/text logs to show that you are in contact all the time. - Have a baby (don't have a baby)
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Oct 6, 2015 14:07
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Ashcans posted:You can't reuse stuff from the original application. The whole point is that you are trying to show that the relationship is real and remains real, not just resubmitting all the stuff that passed initial muster. I would actually say that resubmitting stuff is worse than submitting less, because it's basically saying 'I have done nothing to demonstrate this relationship in two years, please don't notice that'. Is there a rule of thumb for when you can say "OK, I've got enough stuff here?"
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Oct 6, 2015 14:09
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Unfortunately, not really. What you are basically doing is looking to convince someone who is inherently skeptical about relationships that you are for real. Part of the issue is that it is going to depend somewhat on the couple as well - my experience is that there are things that make officers more suspicious, like a big age difference, language barriers, not cohabiting, etc (although that scrutiny is more common at the I-130 stage). You should basically be looking at your documentation and asking 'Does this look like more work than someone would do to fake this?' This is why financial stuff and contracts are a big deal. Lots of people will do some pictures or take a vacation for a fake marriage, but how many are going to put someone on their house title? Or on their bank account? That is pretty convincing. Things like call logs or facebook pages are mostly valuable for the duration. Sure, I will call you about or fake marriage, but am I really going to post kissy faces and 'Missing you today, shnookums' on your wall every day for two years? That's more commitment to the cause than most real marriages. I realize that's not helpful, so what i would say is that if you have 3-4 legal documents (joint accounts, insurance benefits, titles, loans, etc), 2-3 life documents (proof that you are at the same address, vacation you took together, affidavits) and a selection of pictures that don't look like they were all taken over two days with some quick clothing changes, you are probably fine. The bar goes up if you have something going on, like you aren't currently living together or something.
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Oct 6, 2015 14:37
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They waived our interview the first time around so I'm guessing nothing too suspicious. Thanks for your help.
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Oct 6, 2015 14:43
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