Jump to content

fairandfoul

Members
  • Posts

    48
  • Joined

  • Last visited

Posts posted by fairandfoul

  1. @fiarandfoul

    Thanks for the reply. But what about his income? Is moving to a different state without a job offer will be jeopardizing our situation?,125% over poverty line, income limit, not being public charge, removing condition etc(not financially)

    Your income is irrelevant to the I-751 filing process and no proof of it will be required. Even though you should absolutely send in joint filed taxes (among other substantive evidence) covering the entire period of the marriage, the inclusion of this and other documents do not constitute income verification; rather, they bear testimony to a co-mingled financial status.

    You should probably review the 8 or so pages of instructions that support the I-751 form (found in a link right where you would find the official I-751 form).

  2. Hi. I recently became a permenant resident. Me and my husband want to move back to Washington state where his family lives. We used to live there but he had better job opportunity so we moved here in Texas but now it's time to renew the contract but he's had so much stress from work and we like Washington better than over here and such so we're planning to move back.

    After 2 years later, when we file for removing condition, except the form, do we have to send in another I-864 for income and such? We don't have any job offers for now and hope for best. We will try to settle down there but since no job guarantee, would it be a problem later? Since he was my sponsor on I-864, does he need to continuesly make over 125% of poverty line?

    Thank you so much in advance!

    You do not need to file the I-864. Just send in the form I-751 with your supporting documentation.

  3. No. The Green Card is not needed for I-9 and employment purposes. If you took the time to have a look at an I-9 form, you will see three lists of accepted documents that prove (a) who you are and (b) that you are authorized to work.

    The Green Card or EAD would prove (a) and (b), but the driver's license proves (a) and an unrestricted SS card proves (b). Therefore -- pay attention! -- no Green Card is needed when applying or getting hired for a new job!

    Poor, simple-minded Brother Hezekiel has forgotten one important fact! (Trust me: I was expecting this retort from him, but surprised he missed the obvious!) :lol:

    Figured it out yet? No? Well, under what circumstance would the OP be holding an unrestricted Social Security Card? I.e., one not marked "Not authorised for employment without authorization"? I have seen, and carefully reviewed, an I-9 and am quite familiar with this. However, unless the OP updated his/her social security records immediately upon receiving the conditional Green Card, he/she will need another document to satisfy the I-9 requirements. A document like, yep you guessed it, the PHYSICAL GREEN CARD!

    PS: Moving beyond the I-9 requirements (on which you were very wrong), your advice is still irresponsible even if you were right! Why would someone hang on for a year withouth their phyiscal Green Card (with or without conditions)? Emergency travel, work-related travel, contact with law enforcement requesting to see it, application for other US immigration benefits, requiring an INFOPASS appointment if the case processing falls outside standard processing times, etc, etc are all possible scenarios highlighting the imprudence of your recommendation.

    You were more insightful when you were JustBob... :bonk: :bonk:

  4. Thanks alot for your opinion and yes you are right. Just don't understand why they hate when they don't even know you. Thanks again.

    Why you hating? Don't comment instead of being rude and ignorant. What's wrong with just asking a question?

    I'm not "hating." I think you're getting caught up in urban lingo and wrongly using the term, lol. I'm merely pointing out that it seems a bit presumptuous to walk into the forums with an "I would like..." and expect people to come running. I'd say I'm just as rude as you were. "Please" and "Thank you", I insist, go a long way.

    Oh, also, I would harldy call "I would like..." a question, as you call it. Sounds more like a demand.

  5. Sadly my husband (US citizen) passed away unexpectedly last week. I am a september filer, and wondering what to do next. Unfortunately, I have to wait 6-8 weeks till a death certificate is issued, so I have no certified evidence of his death at the moment. Should I just wait and hope I get approved without and RFE? Let me know what you guys think

    Bmore,

    DEEPLY sorry for your loss! I cannot imagine you what you must be feeling.

    You raised a point in your narrative which I think makes perfect sense. At this time, I do not believe you need to do anything. (If anyone has opinions on what I'm saying here, please do weigh in so the OP can get the best advice).

    You have likely obtained your NOA 1 extending your status till September, 2012 and completed your Biometrics appointment. If so, there is no further action you need to take on your case. About 90% of the time (according to hearsay), these I-751 cases go straight through to approval. Hopefully, you submitted a strong packet and will make it in with this 90%

    Also, I am not sure you have an obligation to notify them of this change in circumstances. Someone implied that the reviewing officers perhaps have access to this unfortunate information. I have two responses to that:

    1) There are so many different agencies, that it is doubtful they are all actively co-ordinating in real time on every individual case. The FBI check (which you would have passed at this point if you're a September filer) would have been the extent to any match-ups to this situation and so your file, as it stands, is not really changed in any way in the eyes of the adjudicating officer.

    2) On the hypothetical that they did match up records, so what? Does it matter to them? If it does, guess what? They'll just send an RFE. By the time they send that out (IF they do), you'd have the necessary paperwork by then.

    I think your initial instintcs are right, and I would follow them. July filers (if you're a VSC filer) are over 20% now which means September could see approvals as early as May/June. You're not in an urgent situation, it seems. I wish you all the best.

    NB: I am not an immigration lawyer or USCIS-insider. To that effect, if anyone has any valid information that contradicts my hypothesis, please weigh in and advise the OP. Good luck!

  6. Hello Guys, I will be removing conditions in april. We don't have mortgage but pay rent every month to our landlord. We have the lease contract from our landlord but seen that getting a letter from him might help.

    I would like a sample of what the letter to get from our landlord should look like and if he needs to notarize it.

    Thanks.

    You sound like a 5-year old wishing on a genie. This is a community where users share and contribute... not just show up and make demands as though others are obligated to respond. You'd be surprised how far "please" gets you these days...

  7. well the keyword there is "if you not going to travel" we have family overseas and you never know! best of luck!

    Brother Hesekiel also seems to have left out a very important situation: new employment. If you do change jobs in that timeframe (and one year is a very long time), you will almost certainly need to produce the phyiscal Green Card when you fill out your I-9.

    It's something you should think about carefully because at the end of the day, $450 might seem like such a small price afterall to prevent the inconvenience of not having possession of your phyiscal Green Card for up to a year.

  8. hmmmm....It's been extremely quiet; considering VSC is now in July, I definitely expected some more "noise" (approvals) this week. Anyways, its just Tuesday.

    I think you can expect things to get noisier once VSC hits above 15%. Right now they're still at 13%. Over the past year, the pace of approvals in each calendar month at VSC generally starts picking up after the 15% mark.

  9. NYC-KKK,

    you are overthinking this. If you have a genuine marriage, and can provide documents that would indicate this, your RoC will be approved. They are giving us a list of things to provide. They don't need all of those things; if you can give them a few documents that show that you live together, pay taxes together, have one bank account together, and have health insurance together, you pretty much covered it all.

    The OP's name is NYC-KK.

  10. I was not saying the affidavits are required. Strictly speaking, nothing is always "required", except the I-751 form, the check and copy of your GC - there are even couples who don't file tax returns, so obviously USCIS cannot require that from those couples.

    What I said was that occasionally USCIS sends an RFE if affidavits have not been provided and I can say that because I know first-hand of such a case (which I am very familiar with because she is a close friend of many years, who helped me with my immigration stuff). She was in Europe because her husband was stationed there for a few months, and this was actually part of their evidence, among many other things (and being a military couple with kids, they had tons of good hard-to-fake docs generated as a result of her hubby being in the army). I actually looked at your ROC list and you have way less stuff than she had sent. Which doesn't mean you WILL get an RFE for the affidavits (or something else), but it's always possible, people even get RFE-ed for things they have already sent.

    With that in mind, if you want to send the least amount of paper and save on postage, by all means, only send them the crucial stuff, like tax returns, bank statements and maybe a rental agreement or insurance and cross your fingers - if they want anything else, USCIS will surely let you know. If your goal is to minimize the chance of getting an RFE or wasting a day to go to an interview - then send as much stuff as you have, even if it is weaker evidence, because viewed as a whole, it makes your petition more convincing.

    I think RFEs are sent on a case-by-case basis, but certainly not because among a tonne of paperwrk, such as the OP claims to have, a couple of affidavits are absent.

    As a reference point (and in no way a recommendation), I filed with FAAAAAR less than the OP listed. I focused on the "high-quality" examples of financial and domestic co-mingling (tax returns, bank statements, credit cards, insurance policies, leases, etc) and didn't bother with the affidavits. There is no need to introduce fear and have people throw the kitchen sink. The OP has more than satisfied the standards for financial co-mingling, and will have the case examined on those merits. I doubt those merits, as strong as they are, will be further strenghthened by letters from friends.

  11. I don't know about the letter but I travelled on my brand spanking new GC (received July 2010) to Australia. This was one of the new cards that they'd changed around June 2010. The woman that checked me in actually had to call a supervisor because they hadn't seen this "new" card before (actually seemed to imply it was fake!) and because they had made it USCIS# on the front instead of A# and they were confused. In fact they got a little pissy when I tried to point out where it was. It took some time but eventually they just let me through but if a new GC throws people I can only imagine what an expired card and a letter with small writing saying it's an extension (seriously, I've seen examples it's not super obvious) can do at some airports (let alone those with english as a second language).

    Oh, wow, looks like I've been quite lucky then! :)

    Can certainly imagine how frustrating that would have been, though I imagine since the card design has only been changed about 3 times in the last 10 years, such is a rather rare occurence.

  12. Very easy... Istanbul, Turkey. It happened to one of my friends. You go there, you will see how many check points you will go through. I won't even remember how many times last time :) I used the term "the international airports" in general, of course airline personnel & airport security people will check your documents.

    These check points were to verify the validity of your Green Card specifically, or related to the nationality of your passport, or simply part of the security process in Istanbul? Different airports have very different security screenings for different nationalities, and airports in the Middle East are known for their advanced screening protocols.

    I hope I'm not being annoying, but because I have never had a problem and can mention all the airlines/countries I've travelled through with my extension letter, I always seek specificity when people cast aspersions on the Extension Letter and discourage travellers from making what, in all likelihood, would have been a hassle-free trip!

  13. You're welcome !.... Some people don't feel comfortable to travel with the Expired GC + 1- yr. Extension Letter. I don't blame them because They don't understand the Extension Letter at some International airports abroad.

    Can you list some of these international airports abroad where the letter is not understood? As one who has re-entered the United States nine times and from various airports with the expired Green Card and Extension Letter, I find this claim a little dubious.

    Specifically, it is the aiirline you are travelling with, not the local airport authority, who determines your boarding privileges. In my experience, ALL of them have been properly educated on the Extension Letter and accept it without question.

  14. Seems like a good package to me with lots of great documents. You might want to throw in a couple of affidavits from family/friends because sometimes they RFE if you don't. Copies of DL's showing the same address (even though you already have the lease). Car insurance/titles with both names. Read the instructions of I-751 re: supporting documents requirements slowly - in my case that jogged my memory about some additional docs to send.

    FALSE! (Re: sometimes receiving RFEs for not providing affidavits from family/friends)

    The conventional wisdom has always been that affidavits are among the weakest forms of evidence, and that they are usualy recommended for those with rather scant documented evidence. Dozens of members in these forums have made successful hassle-free applications without RFEs. I'm curious whre you're getting your RFE information.

    To the OP: do prioritise documents providing evidence of financial co-mingling. To that extent, full taz returns, bank account history, life/health insurance policies and credit cards/leases, etc are very important. Your list though looks very robust and covers every angle. Any additions will create marginal benefits likely far greater than the cost/effort nnecessary to produce them.

  15. IN GENERAL:

    ALWAYS take the original letter with you when you travel outside the country. Whenevr you present your expired Green Card at a foreign departure port, you will ALWAYS be asked to present the original letter. Most airlines, from my first-hand experience, are familiar with this requirement and will not give you any hassles.

    I re-entered the United States nine times on my expired card and the verfication delays at the foreign port, on the few instances they occured, were never more than about seven minutes. I can confirm from first hand experience that British Airways, Air France, Jet Blue, American Airways, Iceland Air and Virgin Atlantic are familiar with this process and will give you minimal/no hassles.

    Do not rely on the I-551 stamp in the passport often obtained at INFOPASS appointments. The purpose is to replace the Green Card and Extension Letter, but it has NEVER, from first hand experience, satisfied authorites at foreign departure ports in the first instance. I once tried to "test" the veracity of the I-551 stamp as a stand-alone by presenting it, and only it, for a United States-bound flight. I was told that if I couldn't present my Green Card and Extension Letter, the airline might have to scan and send a copy of my passport and I-551 stamp to US immigration authorities and wait for an entry clearance to be sent back. At that point, I provided the card and the letter and was shortly cleared to proceed.

    The point I'm making in my last paragraph is that, while the I-551 stamp is a valid immigration document which ultimately will grant entry to the United States (albeit, after a bit of a hassle perhaps), the GREEN CARD + EXTENSION LETTER (ORIGINAL) are golden!

  16. ALWAYS take the original letter with you when you travel outside the country. Whenevr you present your expired Green Card at a foreign departure port, you will ALWAYS be asked to present the original letter. Most airlines, from my first-hand experience, are familiar with this requirement and will not give you any hassles.

    I re-entered the United States nine times on my expired card and the verfication delays at the foreign port, on the few instances they occured, were never more than about seven minutes. I can confirm from first hand experience that British Airways, Air France, Jet Blue, American Airways, Iceland Air and Virgin Atlantic are familiar with this process and will give you minimal/no hassles.

    Do not rely on the I-551 stamp in the passport often obtained at INFOPASS appointments. The purpose is to replace the Green Card and Extension Letter, but it has NEVER, from first hand experience, satisfied authorites at foreign departure ports in the first instance. I once tried to "test" the veracity of the I-551 stamp as a stand-alone by presenting it, and only it, for a United States-bound flight. I was told that if I couldn't present my Green Card and Extension Letter, the airline might have to scan and send a copy of my passport and I-551 stamp to US immigration authorities and wait for an entry clearance to be sent back. At that point, I provided the card and the letter and was shortly cleared to proceed.

    The point I'm making in my last paragraph is that, while the I-551 stamp is a valid immigration document which ultimately will grant entry to the United States (albeit, after a bit of a hassle perhaps), the GREEN CARD + EXTENSION LETTER (ORIGINAL) are golden!

  17. Its really nice to see that VSC is in full throttle with June filers. As expected, when approval rate goes above 60%, the following month (July in this case) is about to begin; some July applicants on trackitt.com saw some approvals. I wish the rest of June applicants goodluck, and wish y'all get approved quickly so that my application month comes up for review.....haha.

    I thought I was the only one who noticed that trend: that once VSC hits 60% approval, the next month starts to see approval activity! Well, another trend I'd noticed with VSC (which may not apply in this month, who knows?) is that once a new month is started, the approvals come in sporadically until about 15% then they start to pour in several times a week thereafter.

    Good luck to you, July, and to Mr. & Mrs.

  18. Hi friends,

    Yup after nine months waiting.. I finally received a letter for the interview from VSC coming up next month. Please help me go through the evidence and documents that I will bring with me to the interview. I filed the application with a waiver due to USC husband's death.. (Thank you and I am doing so much better now).

    I am sooo sorry that you are filing under these circumstances! I'm glad to hear you're doing ok, and hope that you continue to do so.

    I just looked at your list (both what you have and don't have) and would argue that it is truly a strong list! You have provided, in my opinion, sufficient documentation to demonstrate that you entered the marriage in good faith and co-mingled financial aspects of the marriage.

    Good luck, I'm sure you'll be posting with good news once it's over!

  19. I actually did pay him a lot.. 4K so far

    I'm just worried because I'm a waiver applicant and everyone's been telling me that my case might take longer that everyone elses, but if you go to I-751 waiver filers timeline you'll see that people's timelines were very reasonable. It's just mine that takes so long.

    I heard that if case takes very long, the immigration attorney has a power to push it forward (it's something diff than a service request) and I hope mine feels obligated to do so.

    Yes, $4,000 is a lot! It's unfortunate that, in return, you seem to be getting such crappy service. Well:

    1) Get in your attorney's face and try to get him to explain his delayed responses and reluctance to file a Serrvice Request.

    2) File the Service Request on your own if he continues to vacillate, if only to make yourself better that you're doing everything you can.

    3) Not aware of attorney's abilities to push an application forward beyond the standard facilities provided (INFOPASS appointments, Service Requests). You might want to:

    4) Get your local elected representative involved. There have been a good number of posters reporting success with this approach. Could that possibly be what you refer to in trying to push the case forward?

    5) You're very right that your case, despite being filed under a waiver, is taking a bit long. I have seen those waiver timelines myself, and I think VSC was pushing out approvals within 7/8/9 months. If you filed in April, you should know that most people who filed standard I-751s at VSC have been approved, but unfortunately even in that batch, there are about two actve posters who are awaiting a decision.

    I wouldn't worry too much if I were you. As long as you're not changing jobs or travelling, patience and dertermination will serve you very well, and get you what you need in the end... hopefully very soon!

    Good luck!

  20. I actually did pay him a lot.. 4K so far

    I'm just worried because I'm a waiver applicant and everyone's been telling me that my case might take longer that everyone elses, but if you go to I-751 waiver filers timeline you'll see that people's timelines were very reasonable. It's just mine that takes so long.

    I heard that if case takes very long, the immigration attorney has a power to push it forward (it's something diff than a service request) and I hope mine feels obligated to do so.

    Yes, $4,000 is a lot! It's unfortunate that, in return, you seem to be getting such crappy service. Well:

    1) Get in your attorney's face and try to get him to explain his delayed responses and reluctance to file a Serrvice Request.

    2) File the Service Request on your own if he continues to vacillate, if only to make yourself better that you're doing everything you can.

    3) Not aware of attorney's abilities to push an application forward beyond the standard facilities provided (INFOPASS appointments, Service Requests). You might want to:

    4) Get your local elected representative involved. There have been a good number of posters reporting success with this approach. Could that possibly be what you refer to in trying to push the case forward?

    5) You're very right that your case, despite being filed under a waiver, is taking a bit long. I have seen those waiver timelines myself, and I think VSC was pushing out approvals within 7/8/9 months. If you filed in April, you should know that most people who filed standard I-751s at VSC have been approved, but unfortunately even in that batch, there are about two actve posters who are awaiting a decision.

    I wouldn't worry too much if I were you. As long as you're not changing jobs or travelling, patience and dertermination will serve you very well, and get you what you need in the end... hopefully very soon!

    Good luck!

  21. What are you talking about? A service request has ZERO negatives other than it is a total waste of time... surely we would have observed negative consequences of an so at some point on this forum if this were the case. What rational reason other than this would he have? Regardless, she should contact her lawyer by phone and ask why he hasn't responded and what he think of an so... if I was paying someone thousands of dollars I would surely be pressing him to do something to get my case through the system (even if it only had a 1% chance of working).... I simply didn't want to give the op false hope since that is exactly what an so is.

    Paying thousands of dollars?? Hmmn, I don't recall the OP mentioning that.

    Anyway, what I'm talking about is very clear: the attorney could have a miltitude of reasons (some good, some flimsy) for advising against filing a Service Request at this point. All I have advised the OP to do is try to determine what those reasons are and not leap to assumptions as you are doing.

    I am not giving false hope to anyone. Just good advice. That said, I agree that Service Requests don't seem to provide much help, but if the OP feels he wants to press ahead with it, then your telepathic attempts to guess at the lawyer's motivations are meaningless.

  22. Sigh,

    1. Standard service requests don't do anything on the i751... u will get told that they will check it but nothing happens (the exception is a very very late... like 15 month old 751). That is why your lawyer doesn't want to do it... because it just doesn't work.

    Wow, I'm impressed that without even meeting this lawyer OR the applicant in person or knowing anything else about the case other than the brief summary provided in this thread, you can profess to know the motivation for the lawyer discouraging filing the Service Request! And they said online tarot card readers had no future!

    To the OP: I would consider filing a Service Request, but first press your attorney (whom you're paying) to give a decisive answer as to why he's reluctant. Turns out he might have a good reason. I agree that the evidence for the efficacy of service requests is dubious, but there have been some isolated cases where members have reported receiving a decision within days of filing the Service Request. Give it some though, but definitely get more aggressive in getting the rational behind your lawyer's hesitation.

×
×
  • Create New...