Henny Dee

There is no purpose on doing a visa fraud at all. That's why i am asking this forum about what steps or process she should do. She want to do it 100% legal way and she want to know if she should apply for student visa while waiting for her approval on I-130 and then doing the I-485. Her english isn't good that's why she asked for my help to find out what she should do to do it the right way.

Hi,

I am asking this question on behalf of my friend. My friend in Indonesia is in the process of sending I-130 to USCIS because her USC sister petitioning for her to move to U.S. My friend want to take a diploma degree and now wonder if she should apply for student visa or if she can just come to U.S in tourist visa that she already has and waiting for the approve of I-130 in U.S and then apply for I-485. I am not to clear with the process so any comments are highly appreciated.

Henny

She has been outside the US for a period of more than 6 months already. That has disrupted her continuous residency for Naturalization. She needs to worry about maintaining her LPR status as naturalization for her is a long, long time away.

Dave

oh i never planned to get naturalization at all because my country doesnt accept dual citizenship and I want to keep my citizenship from Indonesia. What is my chance on getting my I-751 approved you think? Please give me your opinion

6 months or more total every year to maintain residency but you will be eligible for naturalization next year so if you are able to meet the requirement then go ahead (dual citizenship). If not then start over when ready to move, I totally missed the part about waiting till baby is older. Ultimately it's up to you.

Ugh Vermont is only up to Feb cases and really slow so you could be waiting a long time in US to make it to the approval stage. At that rate you would meet the residency requirement but not ideal for your situation.

yeah.. i read that someone who filled in Vermont in July still hasnt get any interview schedule or approval yet. suck!

She has been outside the US for a period of more than 6 months already. That has disrupted her continuous residency for Naturalization. She needs to worry about maintaining her LPR status as naturalization for her is a long, long time away.

Dave

do you think it will be impossible for me to get my I-751 because i am not able to put tax returns 2013 as the evidence? After lots of thinking, i want to go back, send my I-751 and look for a job there.

Henny

Apologies for a comment not helpful to the OPs situation but this is a subject that comes up frequently here on VJ that I think highlights the lack of common sense in the US immigration system.

So many times on here there are stories of family members (usually parents) of naturalised USCs who are denied tourist visas to visit their family and advised by the embassy to have the USC petition for their GC.

Even though they have no intention whatsoever of living in the States they are told by the embassy staff to do something that breaks their own rules by obtaining a green card to be used for visiting.

How can that possibly make sense?

Actually when we applied for adjustment status, there was no intention to live in Indonesia at all. The only reason i wanted to go back to my home country was because I was pregnant and wanted to have my family surrounding me when I deliver the baby. But then my USC hubby wanted to come with me because he was jobless and had no money to pay the bills as his Unemployment benefits were ended. If I know we were going to move to Indonesia, there is no way i would go thru the hassle of doing the I-130 and I-485 whatsoever

If your baby is 7 months old and you don't want to reside in the US until s/he is ready for school, then you don't want to spend money on a green card at this stage. The whole point of the green card (more appropriately named as a Lawful Permanent RESIDENT card). It's not something you get for future use somewhere many years ahead.

you are right. what is the point of having a LPR while living in Indonesia. Thanks.

When do you plan on moving back to the US? That sounds like a few years from now if the baby is young. It will be hard to maintain your PR if you're living in Indonesia. Why waste the money on removing conditions when there is a VERY good chance of losing your residency and having to start all over again anyways? Save the money. If you're not planning on moving back permanently for a few years, save it up. Take care of the tax issues with the IRS. When you're ready to move back permanently .... then you can start over and this time you'll get a 10 year GC. But in order to maintain residency, you HAVE TO LIVE in the US.

Good Luck.

I plan on moving back to the US about 4-5 years from now. That's what i've been thinking..will i be able to to maintain my PR by coming back to the US every year even tho just for couple weeks of staying there or it has to be 6 months or more per year? I need some comment on this because i really lost on what iam going to do:(

I would wait till your bio was done first before leaving again, do you have an address you will receive your letters and have someone who will tell you when you receive and letters while away?---> yes, i have my parents in-laws address and he always update us when he get mails.

The reason why is say what till after bio is because even though you can travel with the NOA, you won't be able to track the case online without the other case number assigned to you after you complete biometrics. Also you are usually sent an appointment date within 30 days of filing. --> I am planning to be away again after interview (if needed)

I'm currently away again for 8 weeks and left after my bio, it did not impact my case in any way but I can't say the same for continuous long absences. Make sure you have your NOA with you, as you will need this to re-enter the country.

You will need to have a plan on what to do if you receive a RFE or interview while away. I was lucky and did not have to worry about this but as with USCIS there are no guarantees as every case is different so try to include as much evidence you can think of when you file. --> I hope it wont be too long but i do plan to stay/ wait until the interview appointment done.

P.S I see you are filing with CSC, they are moving really fast but there is no set approval time so if you decide to wait it out in the states then better start planning now. Mine was approved in 2 months but some people have had to wait almost 6 months. --> It was for the I-485 i think. My I-751 will be with Vermont. The approval also sent by mail, correct?

You can travel after receiving the NOA1 (extension letter). Make sure the airline knows what it means. There is a thread http://www.visajourney.com/forums/topic/507689-trouble-with-foreign-border-controls-understandingrecognizing-the-noa1-extension-letter/#entry7154461

Or, you could make an Infopass, explain the situation, and have a stamp in your passport.

Personally, I would not recommend it, but again, I don't know your situation. If you absolutely have to travel, then be extra careful and take all the document with you.

Thank you so much for your respond. When do you think the best time to travel again? After receiving the approval?

That sounds like a really good advice. When you are planning to go back to the US? I am planning to go back this weekend (Aug 2) but then I will stay there until receiving the NOA from USCIS or BIO and planning to go back to Indonesia again. Do you know if I can travel after having my bio appointment?

1 & 2. Maybe. But with your 7-month old baby, you could say that you went back home because of first pregnancy and would like for your baby to be well enough to travel.

Many Asian women want to be with their family for the birth of their first child. It's normal.

3. Will your husband travel with you? If so, I'd say let him hold the baby and wait in line for US Citizens. If he is not, then I'd say you and the baby wait in line for PR. Not really sure if US Citizen (the baby) takes priority over PR (you)

4. Your husband need to write a letter explaining the situation why he did not fill taxes. Did he notify the IRS?

The line is the same for PR and USC or at least in LAX it didn't matter, enter the same line together as a family. They will ask why you have been gone so long (they want to know you intent to live in the US not abroad). I was gone 7 months and told them the truth that we were on holiday (my husband had an Australian working holiday visa.), they just said ok and stamped my pp. Our daughter is also a USC.

Definitely get back to the US as fast as you can and file ROC, it will be hard and expensive to start over.

P.S we hadn't filed for the last financial year's tax return when we filed so I didn't include it but I did send past years joint tax returns. Maybe you could send those in instead?

Re. Line

I am abroad for almost a year. Cross my fingers, hope and pray that they will understand my situation.

I am planning to go back to US by Aug 2 (ETA IAH at Aug 3) then i will filling the I-751. I am thinking about filling the past year (2012) because in 2011 I hadn't get my residency and had no idea how to file without a SSN.

Do you remember how long did you wait for a biometric/ interview?

Thank you

That sounds like a really good advice. When you are planning to go back to the US?

1 & 2. Maybe. But with your 7-month old baby, you could say that you went back home because of first pregnancy and would like for your baby to be well enough to travel.

Many Asian women want to be with their family for the birth of their first child. It's normal.

3. Will your husband travel with you? If so, I'd say let him hold the baby and wait in line for US Citizens. If he is not, then I'd say you and the baby wait in line for PR. Not really sure if US Citizen (the baby) takes priority over PR (you)

4. Your husband need to write a letter explaining the situation why he did not fill taxes. Did he notify the IRS?

1&2: Yes, it was my reason too because my husband's family didn't care about my pregnancy or my husband situation. I was craving so bad for spicy and tasty Indonesian food and I had to get some IV fluid in the OB clinic because I didn't feel like eating and got a bad dizzy.

3. NO (i feel like want to cry to think about doing this super long flight just with an infant without a husband). He has to finish his job contract, he probably will be back to US by early Sept. Yes, i think i should be wait in PR's line

4. No, he hasn't notify IRS at all. I am thinking about filling 2012 taxes only (better than nothing)

Here is a USCIS link that speaks about Permanent Resident traveling:

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

Thank you so much!

Re. Airport Lines

oh okay, I forgot about it since the last time i went back to US was 2 years ago.

Re. Affidavit for New GC

That's what I worry about.

It will be harder to apply then.

Oh I forgot to tell that due to our financial situation still not getting any better, we are planning to move back to US for whenever our baby is ready to go to school, we want to maintain my PR. It was taking a year for us to get the approval on my I-485. What is the best thing to do, maintain my PR or just abandon it and apply for new GC later? it was hard for me to collect all the information about our relationship, since we met online. I am stress to think that i will need to go thru that process again if i have to abandon my PR.

Hi All,

Really need your advice about my current situation, I've been having a hard time of thinking what the best thing to do. PLEASE HELP!!!!

I am currently on Conditional Permanent Resident which will be expired on Oct 2, 2014. On Aug 5, 2013 me and my USC hubby must went back to my home country (Indonesia) because of financial situation. I was only working for 20 hours a week, first pregnancy and my USC hubby already lost his job for a year as of Aug 2013. Due to our financial situation back then, we didn't have any budget to file for I-131 (Travel Doc) and I also thought that i would be able to file it from Indonesia. However when we called USCIS/US Embassy in Jakarta last week, they told me that I-131 should be filled when I was physically in US. Then they asked us to call CBP to see what would be the best solution for me to maintain my PR. The CBP lady told me that I need to go back to US before a year of leaving US and should filling I-751 as soon as I get to US.

1. Will CBP give me a hard time of entering US because I leave US for almost a year?

2. Will my explanation about our financial situation back then could help me passing the POE?

3. SInce I will travel with an infant (My baby will be 7 months and holding US passport), should I wait on CBP line for PR or should I wait on CBP line for US Citizenship?

4. My USC hubby is having a year contract with an after hour English course in here and he is making less than $ 800 per month so he hasn't filling for IRS tax return. Will that be a problem for me to filling our join I-751 without IRS Tax Evidence?

Thank you so much for y'all advices.

Stress Me

I just need to ask how should I print my Skype and Facebook chat history. Suggest me a way !

Well thats very easy, what i did was, copy and paste the history you want to print on a MS Word or Note Pad.

thank you for the link. Appreciate it.

Also, anyone know what ADIT is?

Hi All,

I had an interview with USCIS in Houston on Sept 22, 2012 and at that time we (me and my husband -USC) failed to provide more photos of our relationship because we thought we already sent enough photos along with other papers before. We only able to show 2 pictures from my husband's wallet.When we finished the interview, the officer told us that she will need to locate the photos first and the decision on my AOS will be ready about 3 weeks from Sept 20. After we got home, i checked again my documents and notice that the pictures i sent is for I-130 only. So right after called USCIS service center to find out about what should we do, we went to print photos of before, during and after married and sent them to USCIS office in Houston at the same day. Then, no update on my case status at all.

However, after checked my case status for the third time in less than 12 hours, we got the below information:

On October 2, 2012, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision

My questions are:

1. Does it means my AOS Approved?

2. Is it possible for me to leave US before i get my card as they said it will be mailed within 60 days?

Hope someone could help me on the above

Thank you

i printed all chat histories that i have and sent them to USCIS in a big envelope and got approved on the I-130 petition. No matter what proof that you have, just sent them to USCIS. I even copy all the cards that my husband sent to me when we just know each other. Hope its help and good luck

actually you can ask your wife to fill out the form in pdf file, save it and send the soft file to you. That's what I did when i still live outside of USA

It looks like you have been given some mis-information.

Firstly, intent alone cannot be the basis of an AOS denial-- there needs to be other factors involved. Many, many people adjust their status successfully from a B2 visa or even the VWP.

Simply file the I-130/AOS package. Once you file the package, your spouse enters a new status commonly referred to as "pending status" which is a legal status under the color of US law and no lawful presence or overstay is incurred while your case is adjudicated.

I was given the same information as what you wrote here by USCIS and i felt relax as i and my husband will be able to live together in US on a "pending case". Then i read some information at the beginning of this case and i was kind of nervous again but after got re confirmation from you,i feel relax again