Jump to content

7 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Germany
Timeline
Posted

Hello,

I have submitted my ROC paperwork in 2019 and the letter that is extending the green card for 18 month is about to expire!!

We are currently stationed in Germany and are due to move back to America right during the time this letter expires.

 

Does anybody have exprience with this and knows what I need to do to get another extension? In the US you schedule an infopass but unsure how it is in Germany.

When I called USCIS she told me due to me not having a stateside phonenumber there was nothing she can do for me... 

 

Help anybody?

Thank you!

ROC

Window opened:                 15 OCT 2019

Sent:                                      16 OCT 2019

Arrived at Dalles Lockbox: 21 OCT 2019

Posted (edited)

When your initial extension letter expires you will require an I-551 stamp in your passport.

You cannot get this stamp outside of the US - it requires an infopass appointment to get one, which are not available outside of the US. 

 

If your letter expires when outside of the US you will require a boarding foil from the US embassy in order to re-enter the US, which is something like $600 and a boat load of hassle to sort out.

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted
23 minutes ago, smallgirlbigworld said:

Hello,

I have submitted my ROC paperwork in 2019 and the letter that is extending the green card for 18 month is about to expire!!

We are currently stationed in Germany and are due to move back to America right during the time this letter expires.

 

Does anybody have exprience with this and knows what I need to do to get another extension? In the US you schedule an infopass but unsure how it is in Germany.

When I called USCIS she told me due to me not having a stateside phonenumber there was nothing she can do for me... 

 

Help anybody?

Thank you!

If you were inside the US, you could get the I-551 stamp. But since you can't, one option is to return to the USA by yourself before your letter expires. You can try getting a boarding foil but I believe you must get that through the embassy or consulate where you reside. With COVID, I am guessing that the embassy or consulate has very limited availability or no availability at all right now. So you're probably better off just coming back to the USA alone.

Filed: K-1 Visa Country: Germany
Timeline
Posted
32 minutes ago, mindthegap said:

When your initial extension letter expires you will require an I-551 stamp in your passport.

You cannot get this stamp outside of the US - it requires an infopass appointment to get one, which are not available outside of the US. 

 

If your letter expires when outside of the US you will require a boarding foil from the US embassy in order to re-enter the US, which is something like $600 and a boat load of hassle to sort out.

 

 

That sounds awful! We are stationed here with the Military and because USCIS is not processing my case in a timely manner I have to sort it out by paying a huge fee? 

Thank you for the information I will have to see what we can do about that.

ROC

Window opened:                 15 OCT 2019

Sent:                                      16 OCT 2019

Arrived at Dalles Lockbox: 21 OCT 2019

Posted (edited)
2 hours ago, smallgirlbigworld said:

That sounds awful! We are stationed here with the Military and because USCIS is not processing my case in a timely manner I have to sort it out by paying a huge fee? 

You are a permanent resident which means you are supposed to reside primarily in the US.

Thats not having a dig at you, that is just a fact and consequence of your status.

USCIS do not care about the cost to applicants either, as I have unfortunately experienced myself - they will gladly take every dollar proffered in their direction. 

 

However, there is some potentially good news for you. 

As you are the spouse of an active US military member currently stationed overseas on orders, you may actually be eligible for expedited naturalization under INA 319(b), which may be beneficial to you to investigate.

https://www.uscis.gov/military/citizenship-for-military-family-members

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted (edited)
21 minutes ago, mindthegap said:

As you are the spouse of an active US military member currently stationed overseas on orders, you may actually be eligible for expedited naturalization under INA 319(b), which may be beneficial to you to investigate.

https://www.uscis.gov/military/citizenship-for-military-family-members

Actually, they should instead do it via regular processing through "Overseas Naturalization under INA Section 319(e)" https://www.jag.navy.mil/legal_services/documents/RLSO_EURAFSWA_N-400_Packet_for_Spouse_(April_2016).pdf OP became a LPR in early 2018: https://www.visajourney.com/timeline/profile.php?id=230417

 

The process for INA 319(e)(2) is done completely abroad: https://www.uscis.gov/military/citizenship-for-military-family-members

Overseas Naturalization for Spouses of Service Members

Under section 319(e)(2) of the INA and 8 U.S.C. section 1443a, a lawful permanent resident (LPR) who is married to a U.S. service member can naturalize outside the United States without traveling to the U.S. In general, to be eligible for naturalization abroad under section 319(e)(2) of the INA and 8 U.S.C. section 1443a, you must:

  • Be the spouse of a U.S. service member who is stationed outside the United States in that capacity;
  • Be authorized to accompany your spouse outside the United States by your spouse’s official orders;
  • Reside outside the United States in marital union with your spouse; and
  • Meet the requirements of either section 316(a) or 319(a) of the INA at the time you file your naturalization application.

Section 316(a) applies to you if you have been:

  • An LPR for at least five years immediately before the date you file the naturalization application; and
  • Physically present in the U.S. for periods totaling at least two and a half years. 

Section 319(a) applies to you if:

  • You have been an LPR and have resided in the United States for at least three continuous years immediately before the date you file your naturalization application;
  • You have lived in marital union with your U.S. citizen spouse for at least three years immediately before you file your naturalization application;
  • Your U.S citizen spouse has been a U.S. citizen for at least three years immediately before you file your naturalization application; and
  • You have been physically present in the U.S. for periods totaling at least 18 months out of the three years immediately preceding the date you file your application. Time spent living in marital union with your spouse who is abroad under military orders counts toward the continuous residence and physical presence requirements.

You can file for naturalization up to 90 calendar days before you meet the time requirement for being an LPR. For example, if you are filing under section 319(a), you can file when you have been an LPR for two years and 275 days. However, if you file early under section 319(a):

  • You must have been married to your U.S. citizen spouse for at least three years at the time you file;  
  • Your spouse must have been a U.S. citizen for at least three years at the time you file; and
  • You must meet all other eligibility requirements (such as good moral character).

Use our early filing calculator to determine your earliest filing date for naturalizations. For more guidance on naturalization for qualifying spouses of U.S. military personnel, including a quick reference chart on overseas naturalization and filing tips, please see our policy manual.

Edited by HRQX
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)

Even after your extension letter expires you are still an LPR until there is a negative decision (and perhaps not even then as you get to have your day in court).    
 

Therefore if you don’t want the boarding foil or return early options, you can fly to Mexico and walk into the USA from say Juarez into El Paso.  

Edited by Mike E
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...