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Pitaya

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    Pitaya got a reaction from Mike E in I-751 Petition to Remove Conditions on Residence   
    Welcome to the forum.
     
    OK, trying to make sense of your initial posting, it is quite confusing.  
     
    You were 1.5 years late in filing Form I-751 Removal of Conditions (ROC) ?
     
    When did your 2-year Conditiional Green Card expire?
     
    After filing Form I-751, you recently received Form I-797 NOA1 - receipt/extension notice?
     
    Subsequently, you also received a notice of "Termination of Conditional Resident Status" due to your failure to file your Form I-751 in a timely manner?
     
    You had a 90-day window to file to petition for ROC, since it appears that you failed to do that, USCIS likely terminated your conditional permanent resident status and will likely place you in removal proceedings. If that sequence of events sounds close to accurate, it might be wise for  you to consider retaining the services of a competent immigration attorney, like yesterday!  
  2. Like
    Pitaya got a reaction from BeautyfromAshes in Checklist for I-129F (is this everything??)   
    Here are some form filing tips from USCIS, https://www.uscis.gov/forms-filing-tips . You may find them useful in preparation to mailing your petition.
     
    Good luck on your immigration journey.
  3. Like
    Pitaya got a reaction from Hemutian in The case status stops at "New card is being produced", no more updates...   
    Take that as their "final answer."  
  4. Like
    Pitaya got a reaction from flicks1998 in Permission for minor child?   
    Agree !! ^^^
     
    There are several reasons why it is taken very seriously. First, the last thing the US government wants to get involved with is an international child custody battle. Secondly, and far more serious, is the increased international awareness of child trafficking and international ways of ibattling it. https://www.unicef.ca/en/child-trafficking . Your visa application progress will likely be halted dead in its tracks until you supply the previously mentioned documentation..
     
    Good luck on your immigration journey.
  5. Like
    Pitaya got a reaction from Hemutian in Documentation Establishing Eligibility for Lawful Permanent Resident Status   
    We luckily took those rather cryptic instructions very literally. We brought with us the the interview every shred of paper that we had received from USCIS/NVC/DOS, and all original certificates/documents/paperwork that we had amassed thus far in your immigration journey. 
     
    It was a good thing that we did. During the AOS interview, the IO wanted to see the my original divorce decree, claiming that he didn't have a copy of it in his files. I know that I had previously sent a copy of the divorce decree with my initial I-129F visa petition, the prior year. With all of our original, hard to replace documents I had individually placed them in plastic page presentation sleeves, and had made good color laser copies of this documents. So, I was able to show the IO the original and the copy for comparison. I asked him to compare the two, he could keep the copy for their records, and we kept the original. I am pretty certain that helped avert us from getting an RFE for a document, and an associated delay in processing. He could have asked for many of documents or papers. 
     
    HTH, YMMV
    Good luck on your immigration journey.
  6. Like
    Pitaya got a reaction from Tine Lao in PREPARING AOS   
    There is no hard and fast USCIS regulation about the timing of filing AOS. The best suggestion here at VJ is to file your AOS/EAD/AP as soon as possible after you get married, hopefully well before your I-94 expires. The reason for that is that when your I-94 expires, you are out of status. If you live near the southern border, there have been reports of CBP officers at mobile checkpoints and at domestic air terminals, checking for valid immigration papers. When your I-94 expires, you will not have any valid immigration papers. After you file your AOS/EAD/AP, you will receive your NOA1 receipt of AOS application. You would then be in a "special status" since the NOA1 document shows that you have filed for a Green Card (GC) and are awaiting processing. If you encounter a CBP checkpoint without a valid I-94 or AOS NOA1 receipt, there is a distinct possibility that you will be detained. You could be detained until you can have a hearing before an immigration law judge. It has been reported there is likely over one (1) million cases pending in the immigration judicial system. SO.....file your AOS/EAD/AP...AS SOON AS POSSIBLE, if not sooner !  
     
    When traveling in areas near the southern border, or for domestic air travel, I would suggest that you carry your valid passport, a copy of the marriage certificate, and your valid I-94 or AOS NOA1 receipt, to avoid immigration official entanglements.
     
    On to another matter, we need a little housekeeping from you if you will. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.
     
    So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.
     
    Go to the top right of this page select your name (it's on the upper right-hand corner)>my profile>[below your picture on the right column] edit my profile. Scroll to the bottom and fill in "Immigration Info". There now we can better serve you.
     
    Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.
     
    Thanks, and good luck on your immigration journey.
     
  7. Like
    Pitaya reacted to geowrian in Can we file I-129F if we are married and live together?   
    I-129F (I-129 is a petition for a worker ).
     
    You can file the I-129F for a K-3 concurrently with the I-130 OR afterwards with a copy of the I-130's NOA1.
  8. Confused
    Pitaya got a reaction from Eugenia2017 in Can we file I-129F if we are married and live together?   
    You mention the type of visa you should seek in the third and fourth sentences of your posting.
    You are married, you are eligible for a IR-1 Spouse visa. You are not eligible for a fiancee K1 visa, you are already married..
     
    Good luck on your immigration journey.
  9. Like
    Pitaya reacted to geowrian in request for additional information but confused...   
    Technically you are filing a joint petition at this point, but petitioner here is referring to the non-USC.
    A USC does not need to petition for ROC...it's the permanent resident that needs to remove conditions.
  10. Like
    Pitaya reacted to geowrian in I797C Rejection for extra remittance   
    They don't expect people to be infallible. Humans make mistakes and this is still a very human process.
    In this case, they sent an incorrect notice. Your case was not delayed. You don't have to take any action. While I 100% get the inconvenience and stress it may have caused (that's not how I want to spend my NYE!), it's a pretty minor error.
  11. Like
    Pitaya reacted to Georgia16 in Advice or tips for k1 and k2   
    You have to go with a CR-1/CR-2 visa. No way a K-1/K-2 would work here. You already had a ceremony.
     
    For the child I would recommend you to get full custody from the government so you have it on paper because that will make it easier when you get to the US and I would also recommend that you get a written statement from the mom that she is ok with you immigrating to the US with the baby and have that notarised. 
  12. Like
    Pitaya reacted to geowrian in interview expected in February 2020, tax transcript for 2018 or 2019   
    2018 is fine at that time if you haven’t filed for 2019 yet. It’s not due until tax day.
  13. Like
    Pitaya got a reaction from Juls801 in December 2019 - AOS Filers   
    I know from experience that it is sometimes hard to keep in mind that USCIS has up to 30 days to process your NOA1. As a matter of fact, ever since USCIS got inundated with seeming boxcars of  immigration applications/petitions, etc., they have pretty much instituted a possible 30 day response window for most Form I-797 NOA processing.... the old USCIS jalopy is running out of steam....
     
    There are several folks right now that have been waiting for over 1-2 years to get their Removal of Conditions (ROC) petition adjudicated. They have received their one year GC extension/NOA1 receipt, now USCIS is doing blanket extensions to 18 months of the NOA1 GC extensions and USCIS are still not able to get processing completed...the old USCIS jalopy is running out of steam....
     
    You should NEVER, NEVER, NEVER did I happen to say NEVER compare yourself to others. No two applications are the same, two embassies are the same and NO TWO CO's are the same. Every application has a process and some take longer than others. Stop worrying. You will very likely hear from them very soon and then you will think you are a fool for getting so worked up. Oy Vey!
     
    Enjoy and cherish the holidays with your loved ones, the rest of this stuff will eventually sort itself out. 🎄
     
     
     
     
      
  14. Like
    Pitaya reacted to geowrian in Discrepancy in K-1 processing times   
    The per-consulate breakdown is on the stats page: https://www.visajourney.com/timeline/stats.php?cfl=
     
    The visa will be issued after the interview. It is not issued immediately. In many cases - assuming no issues - this is a matter of days to a couple weeks after the interview. If the case is delayed for some reason (missing document, verification of documents, etc.) then this can add a few weeks or longer. If your case gets caught in extended background checks, this can take from weeks to months or longer (very rare for UK).
  15. Like
    Pitaya reacted to geowrian in Discrepancy in K-1 processing times   
    Incorrect. 1) It's not based on residency. 2) All I-129Fs for a K-1 are currently sent to CSC.
    You do not want to be sent to VSC...
     
    It also says TSC processes them, which it stopped doing years ago.
  16. Like
    Pitaya reacted to geowrian in Discrepancy in K-1 processing times   
    The data you see here is generated by the community's own timelines. This has several consequences...
    1) It's only a very small subset of all filers. VJ is a decently sized community, but it's still small compared to the total data set.
    2) The predictions here are usually pretty accurate for an average case. That said, they are only estimates.
    3) The data is for people that applied x days ago. Somebody filing today may take much less or much more time. When I filed for my now-wife, I-129F processing time was around 1 month. It took 4 months, and grew to 8+ months for people who filed a few months after me. backlogs happen, as do the reductions of backlogs.
    4) Users sometimes enter bad data. Many times people don't update after approval of completion of a step...they're done with the site for their purposes (at least for some time) and never bother to update their timelines after approval.
     
    With regard to #4 especially, some of the stats above are definitely misleading. Namely anything involving TSC. TSC does not process I-129Fs for a fiance/fiancee. They stopped that early this decade. People incorrectly think that the Texas lockbox that they send the I-129F to is the Texas Service Center. It's not. That's why you don't see any data on it from USCIS directly.
    All I-129Fs for a fiance/fiancee are currently sent to CSC originally. In rare cases (typically regarding certain criminal activity of the petitioner, or otherwise more complex cases...) they are then transferred to VSC.
    Edit: That's also why you see a long time for processing at VSC from USCIS directly. Most people with cases sent to VSC either never update their VJ timelines or come to VJ (especially given the subject matter of those types of crimes resulting in being sent to VSC + likely needed a good lawyer).
     
    That said, overall the estimates here are the best IMHO. The ones on the other websites you mentioned seem to be more outdated.
    The official processing timelines from USCIS are what matters for being outside of normal processing times for USCIS purposes, although they are generally based on data from up to 3 months ago. It's harder to say with the new format they use, but previously they would post a chart with "current as of...", which was usually at least 2 months prior.
  17. Like
    Pitaya got a reaction from Suze1 in I-751 OCTOBER 2018   
    Your very well described and quite palpable feelings of  frustration and bewilderment with USCIS is likely very widespread among anyone that is in the throes of their immigration journey. Just look at the old sputtering, breaking down, in dire need of repairs jalopy that is known as USCIS.  It seems to be chronically overworked, inundated with applications/petitions/etc., horribly understaffed, and by their own bureaucratic logic  woefully underpaid for the untimely service the agency currently provides.  Yes, it seems that the prez's newly appointed hatchet-man acting head of USCIS, Cuccinelli is clamoring for more money.   His proposed fee hikes amount to an often doubling of the current fees!  I have to ask, For what?  He says so that the agency can be more run like a business. Right! His plan sounds more like squeezing more money out of the intended immigrants, and still drive around the old USCIS jalopy with new bandaids for the leaky tires. There is no talk of increasing staff to accommodate the huge influx of workload....Nah  , just keep moving and shuffling paper around the country to different offices. Sounds like the old shell game to me. There is lip service being given to improving the system, revamping the processes, automation (kind a like Henry Ford's Model T production line)...  
     
    Honestly, Suze1, your questions about current USCIS practices moving and shifting of cases and the current level of disservice reminds me a lot of the old Abbott and Costello comedy skit, 
     
     
    Good luck on your immigration journey and Merry Christmas !!
  18. Like
    Pitaya got a reaction from SalishSea in Not receiving my first NOA for my AOS   
    You are likely already aware of this, but I recall someone in the ROC forum, who due to the length of time > 2 years waiting for AOS processing, received a 10-year GC. That might effectively obviate doing ROC. It may work out, since the delay was solely due to USCIS inability to adjudicate the AOS in a timely manner. It is well known in the ROC forum, to be stuck for years awaiting ROC processing, to go ahead and file their N-400 for USC, and getting it. The kicker is that they are often approved for USC, and then USCIS has to go back retroactively and approve ROC. What a strange turn of processing.....
  19. Like
    Pitaya got a reaction from Teacake in Not receiving my first NOA for my AOS   
    BTW,  Has the check cashed/ or credit card debited?  Sorry if I missed that earlier in your messages.
  20. Like
    Pitaya got a reaction from Teacake in Not receiving my first NOA for my AOS   
    Help a few people understand just exactly how you filed and your rationale  for expedited service. I say a few, likely more closer to thousands of cases (or more) that would love to hear about your idea.  Here is the USCIS statement on expediting service:
    https://www.uscis.gov/forms/how-make-expedite-request
     
    I daresay it is not necessarily incompetence, more likely to being a huge government bureaucracy, that is woefully understaffed, with mountains of work to be done. Yet, the responsible politicos are more interested in immigration enforcement and wall building than in immigration adjudication. 
     
    Maybe things will get better in the new year....start praying.....
     
     
  21. Like
    Pitaya reacted to SalishSea in Not receiving my first NOA for my AOS   
    Same here.  Most on VJ are/have been in the same boat.
  22. Like
    Pitaya reacted to SalishSea in Not receiving my first NOA for my AOS   
    Time spent apart is an unavoidable part of the deal when we choose a partner from a different country.
  23. Like
    Pitaya got a reaction from SalishSea in Not receiving my first NOA for my AOS   
    Again, it sounds like you have some great organizational ideas that could improve their operational efficiency. You should consider applying for a job with them, get that bureaucracy running in a more orderly manner. 👍
  24. Like
    Pitaya reacted to geowrian in Expedite NVC   
    I'm not sure how they could expedite something that they have no record of yet.
  25. Like
    Pitaya got a reaction from SalishSea in Not receiving my first NOA for my AOS   
    Help a few people understand just exactly how you filed and your rationale  for expedited service. I say a few, likely more closer to thousands of cases (or more) that would love to hear about your idea.  Here is the USCIS statement on expediting service:
    https://www.uscis.gov/forms/how-make-expedite-request
     
    I daresay it is not necessarily incompetence, more likely to being a huge government bureaucracy, that is woefully understaffed, with mountains of work to be done. Yet, the responsible politicos are more interested in immigration enforcement and wall building than in immigration adjudication. 
     
    Maybe things will get better in the new year....start praying.....
     
     
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