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Brassballs

Step-Daughter's Status

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Brief synopsis... My wife and step-daughter entered the US in Sep. '15 on CR1/CR2 visas.  I filed I-751 Petition to Remove Conditions on Residence in Jun '17. On the petition I entered my step-daughter's info in Part 5, Information about your children, and checked block 5, Is This Child Applying With You, Yes.

We received I-797, I791 Receipt Notice, in July.  Nowhere in the document does it mention my daughter's name or reference a one year extension to her visa, only my wife's.

 

My question: If we travel back to the Philippines next year before receiving the 10 year green card, can I expect any issues when my step-daughter re-enters the US, since she has no written evidence that her original CR-2 visa was extended by a year?

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5 minutes ago, Brassballs said:

Brief synopsis... My wife and step-daughter entered the US in Sep. '15 on CR1/CR2 visas.  I filed I-751 Petition to Remove Conditions on Residence in Jun '17. On the petition I entered my step-daughter's info in Part 5, Information about your children, and checked block 5, Is This Child Applying With You, Yes.

We received I-797, I791 Receipt Notice, in July.  Nowhere in the document does it mention my daughter's name or reference a one year extension to her visa, only my wife's.

 

My question: If we travel back to the Philippines next year before receiving the 10 year green card, can I expect any issues when my step-daughter re-enters the US, since she has no written evidence that her original CR-2 visa was extended by a year?

@Ksenia_O Can you please help the OP about the question? I believe you encountered the same problem after filing your i-751. :)

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1 hour ago, Brassballs said:

Brief synopsis... My wife and step-daughter entered the US in Sep. '15 on CR1/CR2 visas.  I filed I-751 Petition to Remove Conditions on Residence in Jun '17. On the petition I entered my step-daughter's info in Part 5, Information about your children, and checked block 5, Is This Child Applying With You, Yes.

We received I-797, I791 Receipt Notice, in July.  Nowhere in the document does it mention my daughter's name or reference a one year extension to her visa, only my wife's.

 

My question: If we travel back to the Philippines next year before receiving the 10 year green card, can I expect any issues when my step-daughter re-enters the US, since she has no written evidence that her original CR-2 visa was extended by a year?

I don't know why, but for some reason in a lot of cases a dependent on I-751 doesn't get his/her own NOA1 (for a dependent it's called Verification of Inclusion of a Dependent in Filing of Form I-751).

 

So, answering your question - yes, the girl, most likely, will be having an issue. She may not be able to leave Philippines for USA - they  can simply deny her boarding because she doesn't have any proof of her US residency and for any other country  her status here is unknown. So I, personally, wouldn't leave the US without NOA1 or I-551 stamp and wouldn't let my kid to do so. Until it's fixed.

 

First, you should  call USCIS Service line and try to get on hold a Tier 2 IO - you need someone who has real access to your case, but people who answer you first don't have that authority.  So, call and make sure the girl is not "missing" and they do see her as a dependent on your I-751.

If everything is fine and she is there - let them know she didn't receive her NOA1. Also, ask if bio metric appointment has been scheduled - usually they try to keep a parent and kid together, scheduling ACS appointments for the same day and time.

 

Also, important thing and it has happened to us - check with your Post Office if the girl is listed at your address - very often they don't deliver government letters if a person is not in the list.  This is how we didn't receive son's bio metric appointment and this advice was given me by Tier 2 IO who was very nice and  helpful and even faxed me son's appointment letter , so we didn't miss it.  I went to our local Post Office and now my son is listed there.... although he's been receiving all his correspondence before without any problem. So you should really make sure the girl is 'there", on USPS list

 

If no luck with Service Line (sometimes it's a real  challenge to get on hold  someone knowledgeable) - don't be upset, and as Georgia16 mentioned, make an Infopass appointment and get girl's passport stamped with I-551. You should bring wife's NOA1 with you, girl's passport and her green card. You should also make a copy of the green card because it can be taken/kept by USCIS in exchange for a stamp.

 

Sometimes, when you call, they suggest to file a service request or inquiry to get a duplicate of a dependent's NOA1. But again I know just a few people here who actually received that. Most ( including us) :) ended up, getting kid's passport stamped.  So, I'd get passport stamped anyway..

 

Sorry you are going through this.... But the situation is fixable,  she just shouldn't leave the country without stamp of NOA1

 

Good luck!


 

 

 

 

Edited by Ksenia_O

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This site is an amazing wealth of information and helpful supporters. It's guided me through the CR-1/CR-2 visa journey, the I-751 filing, this issue and most likely the naturalization process next year.

 

Kesenia... Thank you for your educational response.  I finally got through to a USCIS human by using the 'do not respond to the language prompt'.  Worked like a charm albeit I got connected to Jesse a fluent Spanish speaker, not so much English.  After explaining my situation and several waits for him to get answers, he confirmed that I need an infopass for the passport stamp which I've already scheduled.  I hope the office doesn't retain her green card.  It would make a great souvenir for her later.

 

FWIW I also discovered during the conversation that the receipt number on her mother's NOA got superseded by another receipt number on the biometrics scheduled notice which they both received. I would have thought that the originally assigned number would carry through the process, but I was wrong. Go figure.

 

Again thanks for your suggestions on how to solve the issue.  I'll report back with I hope is a successful outcome.

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4 hours ago, Brassballs said:

This site is an amazing wealth of information and helpful supporters. It's guided me through the CR-1/CR-2 visa journey, the I-751 filing, this issue and most likely the naturalization process next year.

 

Kesenia... Thank you for your educational response.  I finally got through to a USCIS human by using the 'do not respond to the language prompt'.  Worked like a charm albeit I got connected to Jesse a fluent Spanish speaker, not so much English.  After explaining my situation and several waits for him to get answers, he confirmed that I need an infopass for the passport stamp which I've already scheduled.  I hope the office doesn't retain her green card.  It would make a great souvenir for her later.

 

FWIW I also discovered during the conversation that the receipt number on her mother's NOA got superseded by another receipt number on the biometrics scheduled notice which they both received. I would have thought that the originally assigned number would carry through the process, but I was wrong. Go figure.

 

Again thanks for your suggestions on how to solve the issue.  I'll report back with I hope is a successful outcome.

I'm glad you got it through USCIS Service Line :) and now have an "algorithm" of what to do next.

 

Don't worry about green card being kept or taken - it will be expired soon and without an Extension Letter is gonna be useless anyway. Just don't forget to make a copy of that.

 

Also - your local Post Office. When I received my Bio metric Letter and nothing for my son, I called AGAIN USCIS Service line and learnt that son's Appointment Letter was sent along with mine,  at the same day. And this is how we usually get something from USCIS - envelope by envelope, for me and him. But obviously not this time.

So, right after I learnt his Notice was sent, but never made it to our mail box, I went to our Post Office.. They put my son's name on their list. And few days later we found his Biometric Letter in the mailbox. Of course, right after our fingerprints were already done :) ( I've mentioned before we used fax copy to get his Bio done).

 Later I was told by Post Office that the day I came to figure out if there was a mail for son from USCIS, - yes, there was a mail for him and they were going to send it back to USCIS.. I just showed up on time to put his name on their list :) They didn't send it back  - it just  took a few days for them to re-sort it out and put it in the  mail box.

So, take it really seriously - there are still so many things to receive.. Biometric appointment Notices, possible RFE (well, it's not what I wish we received :) but since ROC currently takes up to 14 months, I wouldn't be surprised if RFE  is issued for an up-dated info), and actual green cards, for both - your wife and step-daughter. So, don't forget about Post Office.

 

NOA1 receipt # is useless. The real case # is the number on Biometric appointment letter. Use that one to track the case .

 

Good luck :)

 

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8 hours ago, Brassballs said:

It would make a great souvenir for her later.

She will need to return all USCIS issued documents anyway during the naturalization process -

My husband kept his son's GC from when he was 1yr old in his passport cover ( the son was 20 at the time) - when we came back from Canada at the border, the customs agent saw it ( the old old GC) -

we were pulled in and had to wait for 4 hours to be interviewed /fingerprinted /  give statements on why the GC was never returned etc - it turned an 8 hr trip from Toronto into a 13 hour ordeal -

So let them have the GC - my advise...

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Update....

This was the easiest interaction I've ever had with USCIS.  Scheduled the infopass 3 weeks out.  Could have been even earlier but I wanted to wait until my daughter's Thanksgiving break.  Told the interviewer that since her name was never mentioned in her mother's extension letter and we were planning to visit the Philippines next year I needed / wanted a 551 in her passport.  One stamp and 2 minutes later we were out the door.  No questions asked.

 

Getting a renewed Ohio ID at BMV was a whole different story that I won't get into here.

 

FWIW USCIS Officer said they were currently reviewing August '16 ROC filings, so it looks like my wife will be a USC before ever seeing a 10 year GC.

 

What a racquet!

 

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18 hours ago, Brassballs said:

Update....

This was the easiest interaction I've ever had with USCIS.  Scheduled the infopass 3 weeks out.  Could have been even earlier but I wanted to wait until my daughter's Thanksgiving break.  Told the interviewer that since her name was never mentioned in her mother's extension letter and we were planning to visit the Philippines next year I needed / wanted a 551 in her passport.  One stamp and 2 minutes later we were out the door.  No questions asked.

 

Getting a renewed Ohio ID at BMV was a whole different story that I won't get into here.

 

FWIW USCIS Officer said they were currently reviewing August '16 ROC filings, so it looks like my wife will be a USC before ever seeing a 10 year GC.

 

What a racquet!

 

Thanks for sharing!!

really glad you got it done and it turned to an "easy " experience ;)

 

 

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