Looking for a little info from members. I retired several years ago and moved overseas (South America). Met my wife, got married overseas and got a consular issued perm resident card. We have been married over two years and in three months or so the AOS, removal of conditions comes up. I have all the docs ready and have a valid marriage. We live overseas most of the time but have taken several month long trips to USA over the past two years. We are currently in USA but leave in a week or so to our overseas home. Here are my questions:

Does it matter that we spend 80% of our time living at our other home overseas when it comes time to remove conditions?

I have answered yes that she has another residence/address since entering the USA. I explained that we have had a home in her country since 2004. I did not put in specific dates when we are there (i.e. april 2008 to Oct 2008, then USA for one month then 6 months overseas, etc..) Problem?

What is this biometric / interview stuff that may come up after I send in her AOS package? What are the chances we have to return just for an interview or fingerprints? These trips are expensive! Anyone ever do this overseas at the USA embassy?

Finally, if she is denied, because of time out of country, does the fact that we have been married more than two years give her automatic residence if we apply again at the embassy overseas?

Thanks in advance.

PS: Although this is important the fact that we have a life together in another country where I retired doesn't make a residence denial in USA the end of the world.

Hello all! I've posted this question also under the naturalization section of the forum. In a nutshell...

I've been married less than 2 years, my AOS interview is this coming 11/25 and there's a 99.99% chance I will have to remove conditions within 2 years of my approval date. HOWEVER... I will be enlisting in the Air Force within days of receiving my green card. Those who enlist and serve honorably are eligible for naturalization after just one day of serving.
Is it possible to get naturalized before the 2-year conditional window expires???

I got my info from here...
Link to INA329
Link to USCIS's explanation of "Naturalization through Qualifying Service during Periods of Hostilities"


Sec. 329. [8 U.S.C. 1440]
(a) Any person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States [...] may be naturalized as provided in this section if (1) at the time of enlistment, reenlistment, extension of enlistment, or induction such person shall have been in the United States, the Canal Zone, America Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, whether or not he has been lawfully admitted to the United States for permanent residence, or (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence.


There are footnotes on that section of law but nothing regarding the 1 day/1 year or whether conditional/non-conditional makes any difference. Two things that catch my attention:

"whether or not he has been lawfully admitted to the US for permanent residence, or at any time subsequent to enlistment [...] such person shall have been lawfully admitted to the US for permanent residence"

Has anybody looked into this?
Can I send in my naturalization papers the day after I enlist?
Will my "conditional" status make any difference?

Thanks.

Link to INA329
Link to USCIS's explanation of "Naturalization through Qualifying Service during Periods of Hostilities"

Hello fellow VJers.
For as long as I remember I've always wanted to be a US Citizen and serve in the Air Force (preferably a pilot).
I married a US Citizen last year and this coming 11/25 I will be having my AOS interview and (hopefully) become a legal permanent resident. Or is it conditional LPR? I've been married less than 2 years so I think I will be assigned visa category CR-1... or is it IR-1? I don't know for sure. That is the one part I'm confused. But anyhow...

Godwilling, by the end of the year I will be in basic training and pursuing my dream.
My understanding of naturalization while being an active member is that you had to have serve AT LEAST 1 (one) year honorably before you send in your N-400 paperwork.

However, reading again this morning under USCIS's page (link provided above) it seems if you served just one day then you can apply. I was curious so I looked into the scope of INA329:


Sec. 329. [8 U.S.C. 1440]
(a) Any person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States [...] may be naturalized as provided in this section if (1) at the time of enlistment, reenlistment, extension of enlistment, or induction such person shall have been in the United States, the Canal Zone, America Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, whether or not he has been lawfully admitted to the United States for permanent residence, or (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence.

There are footnotes on that section of law but nothing regarding the 1 day/1 year or whether IR-1 or CR-1 makes any difference.
Two things that catch my attention:
"whether or not he has been lawfully admitted to the US for permanent residence, or at any time subsequent to enlistment [...] such person shall have been lawfully admitted to the US for permanent residence"

Has anybody looked into this?
Can I send in my naturalization papers the day after I enlist?
Will my "conditional" status make any difference?

Help!

HI ALL!

We just got the NOA1 for the I-130!

I was looking at the Step-by-step guide (from VJ) on how to file the I-129F and had a few questions..
It says to send a "Copy of I-130 Transfer Notice (indicating where your underlying I-130 petition was routed to after it was filed at the appropriate Chicago Lockbox)."
Is this just the NOA1 or should we be expecting a separate transfer notice????

ALSO, in the same guide, it says:
"Payment as required by USCIS (I-129F petitions for K-3 status filed on/after July 30th 2007 have no fee since the I-130 cost was increased). Use a check so you can track the payment."

Just to make sure, I don't need to send check along if I already paid the $355 for the I-130?? I know it says not to pay here, but it says something dif. on USCIS website??

THANKS SO SO MUCH FOR THE HELP!!!


Gracias!

Emma

Things have gone so fast for us"not sure why" but I like it.
I am in Cordoba,Argentina now with Andrea. We have the package from embassy and trying to make apt. for medical.
I have copies of all that I sent in but I am reading now that I might have to have originals. The only thing that I have with me is new bank statement. Do I have a problem? I will be with her at interview.

Thanks,
Mike