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Hassan Raza

Can my spouse leave the US while her I-751 is processing?

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Filed: K-1 Visa Country: Saudi Arabia
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My wife and I plan to visit her home country outside the US around Christmas on 12/25/23 and return by 1/15/24. Her green card expires on 1/24/24. The earliest I can submit the I-751 documents is 10/26/23.

 

The questions I have are as follows:

 

1) Will her new permanent resident card (without conditions) likely arrive by mail before Christmas so we can travel?

2) If not, can she travel on her current green card (with conditions) as long as we return before it expires on 1/24/24? Perhaps we can bring documents that we've submitted all of our documents for removal of conditions? Will she have issues returning to the US with her green card right around expiration?

 

Thanks,

 

Hassan

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Filed: K-1 Visa Country: Saudi Arabia
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Additionally, I want to keep the address that USCIS will have on file the very original address she moved to, which is my parents' address.

 

But as proof that the marriage is bona fide, I provided our joint lease document for the apartment we currently live in. All the other documents I'm submitting show that we live at the original address.

 

Will this be an issue with USCIS?

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LOL.   Dude, there is NO way she will get a new GC before traveling.   Have you looked at the processing times?   Up to FOUR YEARS.   
 

what she will get is a 46- month extension letter, which she can use for travel along with the expired GC.

 

It really is not advisable to use an address other than where you live.   USCIS has been known to make unexpected home visits, to verify relationships.   I would guess you’d want them to show up where you live together, since that relationship is the entire basis for removing conditions.

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Filed: Citizen (apr) Country: Australia
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12 minutes ago, Hassan Raza said:

Additionally, I want to keep the address that USCIS will have on file the very original address she moved to, which is my parents' address.

 

But as proof that the marriage is bona fide, I provided our joint lease document for the apartment we currently live in. All the other documents I'm submitting show that we live at the original address.

 

Will this be an issue with USCIS?

When you complete the form, use your parents address  as the mailing address and your apartment as the physical address.
 

Did you file the AR11 and I 865 change of address forms as required when you moved from your parents to your own apt. If you didn’t you need to come those before you file the 751

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Filed: K-1 Visa Country: Saudi Arabia
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44 minutes ago, Lil bear said:

When you complete the form, use your parents address  as the mailing address and your apartment as the physical address.
 

Did you file the AR11 and I 865 change of address forms as required when you moved from your parents to your own apt. If you didn’t you need to come those before you file the 751

 

I did not file the AR11 and I-865. I thought we didn't have to, as I was told it's best to use the original address since I still have access to it (my parents' home). It's been five months since we've moved. 

I just submitted the request to have the address changed on my online USCIS portfolio. Now, I have to submit I-865.

 

Is this going to be a big problem? Can I still submit I-751 while the above two are submitted and pending?

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Filed: K-1 Visa Country: Saudi Arabia
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1 hour ago, SalishSea said:

LOL.   Dude, there is NO way she will get a new GC before traveling.   Have you looked at the processing times?   Up to FOUR YEARS.   
 

what she will get is a 46- month extension letter, which she can use for travel along with the expired GC.

 

It really is not advisable to use an address other than where you live.   USCIS has been known to make unexpected home visits, to verify relationships.   I would guess you’d want them to show up where you live together, since that relationship is the entire basis for removing conditions.

Thank you. Do I need to submit a separate document to get the 46 month extension letter, similar to the advanced parole application I submitted when I originally submitted her adjustment of status documents?

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Filed: Citizen (apr) Country: Australia
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20 minutes ago, Hassan Raza said:

 

I did not file the AR11 and I-865. I thought we didn't have to, as I was told it's best to use the original address since I still have access to it (my parents' home). It's been five months since we've moved. 

I just submitted the request to have the address changed on my online USCIS portfolio. Now, I have to submit I-865.

 

Is this going to be a big problem? Can I still submit I-751 while the above two are submitted and pending?

No it’s better done later than not at all.  File your I 751.  

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Filed: K-1 Visa Country: Saudi Arabia
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13 minutes ago, Lil bear said:

No it’s better done later than not at all.  File your I 751.  

So, do you think it's okay to submit my I-865 now and then file the I-751 with the updated addresses as well?

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3 hours ago, Hassan Raza said:

Thank you. Do I need to submit a separate document to get the 46 month extension letter, similar to the advanced parole application I submitted when I originally submitted her adjustment of status documents?

No, it will actually be the receipt notice after your packet is accepted for processing.

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4 hours ago, SalishSea said:

LOL.   Dude, there is NO way she will get a new GC before traveling.   Have you looked at the processing times?   Up to FOUR YEARS.   
 

what she will get is a 46- month extension letter, which she can use for travel along with the expired GC.

 

 

Correction: it's a 48 month extension letter! E.g. 4 years.

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Filed: Citizen (apr) Country: Argentina
Timeline

I don't want to sound condescending or mean, please apologies if I do, but either get an attorney or a preparer to file for you, or spend some significant time here in VJ to educate you and your wife about how the process works and what to expect.

 

There is absolutely no way your green card will be here by the time you plan on travelling. What you will get is a 48- month extension letter, which she will need in order to get back to the US, and to prove status in general. For the trip, she should take her passport, her expired green card, the extension letter and your marriage certificate if she has changed her name to yours.

 

You should really just use your new address from now on. As others have stated, USCIS can do surprise visits, if they go your parents' house none of you are living there. Better to keep everything streamlined. Also, sign up for USPS informed delivery with your new address so that you can know what you're getting in your mail daily. 

 

Please read the Removing conditions on this website WITH YOUR WIFE today. Make sure you both understand the process. Do come back with questions.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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13 hours ago, Hassan Raza said:

1) Will her new permanent resident card (without conditions) likely arrive by mail before Christmas so we can travel?

 

It might arrive by christmas.....2027.

 

 

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. 

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Don't complicated yourself:

1. Change address with USCIS ASAP.

2. Submit I-751 early next month.

3. The receipt letter which is the extension letter will send out after USCIS receive I-751.

4. USCIS may or may not re-use the old biometric, so watch out for the biometric appointment notice.

5. Waiting game.

If you're unable to understand these simple steps, then please get an attorney. 

 

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Filed: Citizen (apr) Country: Taiwan
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***Hijack comment and replies split to new thread***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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