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Manifest Dynasty
Feb 29, 2008
Hi I have a law degree and work for USCIS. In my expert opinion :fuckoff:

Nobody is fooled by your dumb poo poo. If you want to discuss a concrete question, maybe ask it in clear terms instead of vague and loaded phrasing.

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Manifest Dynasty
Feb 29, 2008
The 2 year CR vs. 10 year IR is determined by how long the applicant has been married at the time they become an LPR. For 485 processing, its the date the 485 is approved. For overseas processing, its the date you actually enter and take up the LPR status.

Manifest Dynasty
Feb 29, 2008

Ashcans posted:

Thanks, that's good to know! I don't know why I don't know that, I think I have always just had people who were just married or married for 2+ years, not people straddling the date during the process.

Yeah, it only comes up when the applicant manages to get processed very close to their second anniversary. (And USCIS will often mess it up in those cases!)

Manifest Dynasty
Feb 29, 2008

Sheep posted:

We're about a week out from being able to file form I-751. Only issue really is that the form available on the USCIS websites says "Expires 4/30/2015" and no newer form is available. What's the deal, can we use the old form?

Also any suggestions for what kind of "supporting evidence" to send along? We don't have kids yet nor do we own a house (do share an apartment, copy of lease on hand). I've heard stories of people sending like pictures from their weddings and what which just sounds .. creepy-ish. Guess we could send our collection of selfish of us taken with our cat and give someone a laugh.

Its always better to have more than less, but selfies are among the least persuasive bits of evidence. At the end of the day, marriage interviews are about catching fraud, and selfies are some of the easiest stuff to fake.

Manifest Dynasty
Feb 29, 2008
Are you married to a US Citizen? If so, you can file after 3 years as an LPR instead of 5. (Provided you have been married to the USC that whole time.)

Manifest Dynasty fucked around with this message at 20:39 on Jun 19, 2015

Manifest Dynasty
Feb 29, 2008

redreader posted:

Thank you so much, both of you. I had no idea I was this close. This is amazing :) You've really made my day/week/month, as if getting a green card wasn't enough. Let me know if I can get upgrades for you or get you steam games or an amazon voucher or something.

Are you also aware of the 90-day early filing window?

Manifest Dynasty
Feb 29, 2008
http://www.uscis.gov/early-filing-calculator

Manifest Dynasty
Feb 29, 2008
In terms of your green card and travel questions: the date you inter the US with your immigrant visa, you are a permanent resident, with all the rights that entails. The immigrant visa says on it that it serves as proof for 1 year from the date of endorsement. So if you need to travel before you receive your real card, use this as proof. You are entitled to travel just as any other LPR.

Your physical green card is processed through a computer system called ELIS. You create your account, enter your info, and pay your immigrant fee. Meanwhile the physical paperwork in your packet that you gave to CBP is processed down in Texas. Once everything is all matched up and paid for, your card is printed and mailed. This can take a few weeks in the best case, and much longer in the worst. (It is possible for you IV packet paperwork to take a while to reach Texas and be processed, or even lost.)

Take note: ELIS is a relatively new system, and it is terrible. Make sure you are absolutely sure you are putting the correct info into the correct fields. (We don't make this easy. For instance, your A number is your Registration Number is your Alien Registration Number is your Alien Number, depending on what you are looking at.). It is possible to put incorrect numbers/info into your account and have it accepted. Then you pay, but that payment is never attached to the correct application (because of the incorrect info) and so the card never gets produced and you get to navigate our help lines.

Also, be careful about changing your address between entry and receiving your green card. At one point, using an AR-11 (Address change form) didn't actually update the ELIS system. Make sure you change it through your ELIS account. (I used to work on green cards that were miss-produced or miss-delivered, and a huge number of them were caused by these "quirks" in ELIS.)

Manifest Dynasty
Feb 29, 2008
I751 takes quite a while. USCIS website shows that they are currently processing those filed on November 3, 2014. You may even need to interview. However, once you file you get a notice that says it extends your status for a year.

You cannot renew an expiring 2 year card with an I90, you must file the 751.

Manifest Dynasty
Feb 29, 2008

Sharks Below posted:

Agreed, your way seems brutal. Maybe it's best to book him a flight home to see his parents and put him on it? Idk. If you don't want to do it anymore, as a couple you can decide that but I think having someones Citizenship (he's not a resident, he's a citizen right?) revoked is not even possible (as an individual, obviously) ... let alone reasonable.

Anyway: can someone just clarify something for me? I'm sure this question has been asked but I couldn't find the answer and I'm scared of the actual information because it's so often wrong (IME): I arrived on 4/1/15, my green card says it expires 4/1/17, so I can start filing the adjustment of status to IR-1 from CR-1 on 1/1/17 right, then when can I apply for Citizenship? Is it 3 years after 4/1/15 (port of entry) or is it 3 years after my status adjustment to IR-1 is approved? Thanks in advance this is a dumb question I know.

You can file for Naturalization 90 days before the 3 year anniversary of your entry as an LPR, as indicated by the "Residence since" field on your card. In this hypothetical, the 3 year date would be 4/1/18. This assumes you are married to your USC spouse for the entire time, from entry to final Naturalization.

Manifest Dynasty
Feb 29, 2008
At our office, you come to the ceremony (and bring your old cards) and tell them you lost your new one since your interview. They make you sign a sworn statement that you lost it, and pinky swear that you will bring it in if you find it. I can't speak for any other offices. It might be worth making an Infopass appointment to talk to one of the officers at your local office and find out if their policy is different.

Manifest Dynasty
Feb 29, 2008
The birth certificate is just a strong piece of proof to submit when you file your 751 to remove your conditions. It doesn't really change any timeline you are currently on. Your marriage to a US citizen has already put you on the shortest path to citizenship (short of military service). (You will still need to submit other proof when 751 time comes, a birth cert for a kid isn't usually enough on it's own.)

Manifest Dynasty
Feb 29, 2008
Applicants get caught trying to pull poo poo with physical presence/ continuous residence all the time. He shouldn't try it, and you shouldn't involve yourself.

Edit: It was literally the first type of fraud I ever caught, and I had only been doing interviews for maybe 2 weeks at the time. And the kid had done far more planning/work than just using someone else's address.

Manifest Dynasty fucked around with this message at 21:34 on May 19, 2016

Manifest Dynasty
Feb 29, 2008
Make an appointment at your local field office and they will put a stamp in her passport extending it further.

Manifest Dynasty
Feb 29, 2008
Generally a preference category immigrant (like an F4) can bring their spouse and/or children. The term you may want to use when searching for more info for this is "derivatives."

You should find information of your second issue by looking at "aging out" and the Child Status Protection Act.

Manifest Dynasty
Feb 29, 2008
https://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

Note that it does not say that the translation must be done by a professional translator, it just must be certified by someone fluent.

For photos (and all evidence, really), it's always better to have too much rather than not enough. Note that the I-129f specifically asks for evidence that you have met in person within that past 2 years. It doesn't matter where the meeting took place, but the time period is the most important context.

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Manifest Dynasty
Feb 29, 2008
You can also make an appointment to talk to an officer at the local field office. Immigration officers will not give legal advice, but they can outline the basic process for you and they will usually ask relevant questions about your case, so you will know what facts/documents you need to start gathering. They also sometimes have lists of local charities/non-profits that work with immigrants.

For instance: they will clear up what you mean by "out of status for a while." If you mean that you had had legal status before, but overstayed your visa, that generally does not pose a problem to someone married to a US citizen. If you are "out of status" because you entered without inspection, or you were ordered removed, or something of that nature, you will have bigger issues and should probably contact an attorney. Many people who overstay temporary visas adjust through marriage without an attorney, so barring any other interesting history, the process is fairly straightforward (if somewhat tedious and time-consuming).

If you want to sit with someone in person and ask a bunch of questions about how the process works, "will this thing cause a problem," etc., then an INFOpass appointment is free and is a good place to start.

Manifest Dynasty fucked around with this message at 15:50 on Dec 18, 2016

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