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ChrisPG

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  1. Awesome!!!! And then after ROC in 3 years I am eligible to apply for citizenship? Or can I apply for citizenship 1 year after ROC? Anyone know about that stuff? Ugh... more research, more paperwork, more money... yay?!

    You are eligible for citizenship three years from the date on your 2-year green card.

    In fact, you are permitted to file Form N-400 even without an adjudicated I-751, but I digress.

  2. I have no problem in attending an interview coz I'd rather have interview and get my GC within 10 days after interview rather than transfer to CSC and wait months before approval...do you think they will send our interview letter soon???

    Unfortunately, this is the update that those receive whose petitions do go to the CSC to be adjudicated.

    Those who attend an interview at their local USCIS do not receive this notification.

  3. Thank you! I just wish I could hve seen the warning signs

    I hired an immigration attorney so he is not gonna keep it easy! I am trying to withdraw my petition

    Honestly, there is nothing that an immigration attorney can do at this point-- it doesn't matter if it was a 10 year or 2 year GC -- he is now a permanent resident of the United States and he will remain one until such a time when an Immigration Judge rules otherwise and unfortunately, divorce does not terminate residency and one cannot withdraw a petition that has already been adjudicated.

    I am sorry to hear about your situation but you must understand that these laws are in place to protect the immigrant so that the spouse cannot hold their immigration status over their head as a form of blackmail-- do this, pay me this or lose your GC etc and since you have been married for over 2 years, the "good faith" of the conditional GC has already been met.

    It is kind of difficult to prove that a marriage was not entered into in good faith when it has past a certain length of time.

    FWIW, I am having issues of my own (maybe this March group is a little tainted haha), so the above is not said in a hurtful tone.

  4. Your wife is better off to return to her home country and you file I-130, I 485 concurrently and just use the medical exam from before. If for some reason that medical exam is no longer valid USCIS will send you a notice requesting a new medical.

    One cannot file the I-130/I-485 if the beneficiary departs the country as you suggest, since you can only adjust status from within the U.S.

    To the OP, having a signed Form I-693 does not equate to a person having intent to AOS when they entered the U.S.

  5. I have another question regarding our AOS. I just got back from California and we had the big talk with the family about what steps we are going to take next etc. My fiance makes enough money to support me on his own, but he lives with his sister. They both bought a house together in 2009 and share mortgage and utility bills. We intend to live with her for as long as our case is pending and maybe a few more months after that. Because he makes enough money, she does not really have to support me as well, but is she required to file an I-864 as well? I think he has to include her on his form and mention that the household will be 3 people.

    Thanks again!

    I am certainly no expert on the I-864 but I believe that the answer to both of your questions is no.

    1) No, she does is not required to file Form I-864 since she will not be your joint sponsor. However, if she is combing her income with your husband's income to meet the financial requirements, then she will need to complete Form I-864A-- but this doesn't sound like it will apply to you since your husband makes enough.

    2) No, your husband does not need to include his sister in the household size unless the sister is either: a dependent or she is a combining her income with your husband's income in order to sponsor you.

    I am sure someone will correct me if I am wrong.

  6. Can someone post the list of interviews of who's approved denied and up next

    Approved

    Skul Teacher (Atlanta, GA)

    JDH (Las Vegas, NV)

    Kish

    Mizzao (Boston, MA)

    Sally86 (Boston, MA)

    AprilPam77 (Philadelphia, PA)

    Kstrozyk (Fresno, CA)

    Wattle Tree (Lawrence, MA)

    Arce (Florida)

    Ataribaby (San Francisco, CA)

    MsNotBonJovi (Newark, NJ)

    Passportitt

    ChrisPG (Denver, CO)

    Immig? (Newark, NJ)

    Happylove (Houston, TX

    Arizonabound (Tuson, AZ)

    Feimao

    Xloc (Philadelphia, PA)

    Camo (Dallas, TX)

    Alejandra (Sacramento, CA)

    Hirsonu (Newark,NJ)

    Dri Au Pair (Philadelphia, PA)

    Srarious2008 (Newark, NJ)

    Georgeramsaran

    Pending Approval

    Basee (Miami, FL)

    Mike X (Oklahoma City, OK)

    BritWill (Saint Paul, MN)

    Waiting with interview scheduled

    July 23rd: Uscisb1 (NYC)

    July 26th: Nane815 (Omaha, NE)

    July 30th: Avi30 (NYC)

    Waiting with no Interview Date

    Strycek

    No Updates

    Minae (Likely transferred to CSC)

  7. is it going to look bad that I stayed here since 2010?

    No. I had been here since 2006 and been illegal since 2010 and adjusted without issue.

    I seriuosly don't know what I'm going to say!

    should I say that I went back to MX with my daughter and came to visit often?

    thanks!

    You should tell the truth. Nobody here is going to advise you say anything other than that.

  8. Hi guys,

    So I sent my package off yesterday morning..FINALLY! It was an exciting morning. I got an email confirmation from FedEx today to say it had been delivered. The problem is, I spent so much time looking at the forms and making everything complete, I spent no time at all looking at what happens now haha.

    So, what is the process now, over the next few days, weeks and months?

    Thanks guys!

    Well you can head on over to the AOS Progress Reports section of VJ and start a July 2012 Filers thread so that you and everybody else who will file in July can keep track of each other-- it is fun to do and it helps to know that there are others who are in the exact same boat as you :)

    As for what happens after you file, sometime within the next 4 weeks you will receive an email confirmation of the acceptance of your package and then you will receive the hard-copies in the mail and then a biometrics appointment letter shortly after that. At around the 60 day mark you will likely see some notification regarding your EAD and around 90 days an interview appointment notice. These times are just an average, but that is the general order of things. Most case are adjudicated within 3-4 months of filing.

  9. Still no interview notice :( I won't be nervous when we finally get an interview, but I am nervous that our paperwork fell in a crack somewhere. I wish they would hurry up and schedule an interview already!

    Perhaps try calling the USCIS number regarding the status of your case, I guess the worst that can happen is that they have no new information but it may spark someone to look into your case.

    Interview tomorrow. How times flies!

    Good luck!

  10. I'm a FA with a major bank, certain things are not done by phone.. certain things will not be done via the telephone. I can list 10 tings. notice i said for privacy reasons the info will not be released. What good would it be , if an motion is to be filed the original would be necessary. Anyone would have someone's info and claim to be someone else, in person this is harder to go over with the person verifying a piece of gov't issued ID.

    It is all down to policy and often times even the person making the decision.

    I have:

    - Called into my bank

    - Utility companies

    - work- 401K/HSA

    -USCIS

    and only supplied "data" which anyone who knew me would have had, and still managed to get the information that I was seeking.

    I am sorry-- but the only real proof is by the person standing in front of them, with a govt photo ID, stating the answers to the questions.

  11. you just have to wait. they will not tell u what the letter says for privacy reasons .. they are unable to verify your identity .

    With all due respect, there are always ways to verify identify-- banks and the SSA do this on a daily basis. Now the question is weather or not the person at the "window" who is supplying the data information is really the person and just didn't dig through the trash-- unfortunately there is no security for this other than photo ID-- but asking for this ID for every transaction would likely grind a country of a billion people to a halt.

    It is more likely that the tier one person on on the phone-line isn't privy to such information. If you really need need to know, ask to speak to a tier 2 or 3 person.

  12. It is not arbitrary. Maybe you meant that it would be difficult to prove intention.

    If your husband did not have a return ticket or if he had all of his property in the US and no ties to other countries and decided to stay, they could claim that it was his intention all along to stay. You would come back and state that it was not his intention to stay and show proof on your end of ties to another nation (rental agreement, vehicle registration, etc.) and in the end it's up to the adjudicator to decide whether or not to believe you.

    With all due respect the USCIS doesn't need to prove anything, the burden of proof is on the applicant-- but this is moot for this situation, since there is nothing to prove, except for a bona-fide marriage-- no different than most other AOS applicants.

  13. Yes most definitely.. My marriage is less than 2 years old.. Been married for only 4 months... But when I went to interview the Immigration Officer never explained the ROC, but I'm assuming it's the 2 year card.

    Yes, if you have been married for less than 2 years you will receive the 2 year GC. So you will be eligible to file for ROC at anytime within the 90 day window of its expiration.

    The USPS reported that they picked up mail from USCIS containing your new card on July 10, 2012. You should receive your new card within 7 days. If you do not, or if you move

    Awesome, should be here by the end of the week. I know mine only took two days to deliver from when the USPS picked up the card. So maybe Thursday for you, but certainly by the last postal day (Saturday) of the week.

  14. Does I-130, and I-485 (concurrent filing for AOS for spouse case, right?) approval mean that you are approved for permanent residency or is this a sort of intermediate visa? I noticed in your timeline your interview and actual perm residency approval were a little later.

    A visa is just a document that is issued to a person so that they can seek permission to enter a country, once you are inside of the U.S. the visa is largely irrelevant until a time when you need to seek re-entry. When you are given permission to enter the U.S. you are entered into the country on a status, in your case (and mine) we were given "F1" status. When you file Form I-485, you are requesting to *adjust* that status from a F1 to Permanent Residency-- you are not applying for a new visa.

    After your interview, some people receive their approval almost immediately or at least in the same day, for others it is 48-36 hours (like mine) and for the unlucky few, it can t take even longer to reach a decision, but from recent filers on VJ-- the vast majority are seeing approval emails within 24-36 hours of their interview. The green card arrives shortly after the approval.

    What sorts of things will cause them to a send an RFE and does this usually happen in 1 round or multiple rounds?

    Oh, anything can cause them to send an RFE. My RFE was for further tax documents, others have been sent one for birth certificates and missing signatures. I mean really, they can issue you an RFE for pretty much anything that wish and they can be issued at anytime, even on the day of your interview.

    My advise is to read the instructions to EACH Form and once you have read them, go ahead and read them again and write down everything that each Form asks of you from passport photos to the number of G325As to copies of your marriage cert. Then start building your AOS package. All of the planning and prep will go a long way in helping to reduce the chances of receiving an RFE and delaying the process.

  15. Thank you Chris!

    You are welcome.

    Now once you receive the hard-copy-- you will likely find yourself in what is known as "removal proceedings" -- or you will find that they will be initiated after X amount of time.

    I do not know if VJ permits this-- but Immigrate2US.net has a much more extensive "support" network and more information regarding RPs/MTRs & MTRC-- I suggest that you take a look at what is being discussed there for your type of case.

    My apologies if I have violated any VJ T&Cs.

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