ImminentImmigrant

5 minutes ago, Jot18 said:

The only thing I think you can gain is like a day or two in shipping. I don't think you can directly deal with the consulate. You have to go through VFS unless things are different for Houston.

Thanks for the quick reply. You're right, might as well just mail it in.

Could I ask you a follow-up question? The document checklist mentions needing to fill up and sign a renunciation certificate myself, and links to an online form on the VFS portal. Unfortunately, the link has expired. I have found a couple of variations of this form floating around, but they all look user-made. Would you know of any official "renunciation form" that needs to be filled?

The exact text, "TWO DULY FILLED AND SIGNED RENUNCIATION CERTIFICATE - ORIGINAL"

Is there any advantage to submitting a renunciation application in person at the Indian consulate, vs mailing in the documents? I happen to leave near the embassy in Houston so have that option, but wondering if it will actually speed things up or not.

Interview went without  a hitch. Had prepared checlists, covering letters etc but they didn't even look at any of that. Just questioned us about future plans and were like, "oh, okay". Good to go!

SO glad I didn't hire an Immigration Attorney and paid $4-8,000 to do the paperwork for me. VisaJourney answered almost all my queries and consulted a lawyer for 15 mins from Avvo for a few doubts. Thank you, VJ Community!

1 hour ago, Nitas_man said:

We've done this twice now.

 

Drivers license, bank accounts, cell bills (still have US cellphones), credit cards,  registered / insured cars, and a family member's address that they are all registered and addressed to (matching our drivers licenses)

 

But no lease or anything like that.  I told him that the likelihood that we would end up at my brother's house where all that stuff was addressed is pretty low, we'd probably have something leased by the time we leave.

That's a relief to hear. Our interview is tomorrow morning. Thanks!

On 11/11/2017 at 7:43 PM, Nitas_man said:

I realize that.  We interviewed last week and it did not raise any eyebrows with the IO.  He was more concerned with our plans to return than what was on the visa application.

What documents did you use to back your plans to return? Drawing a blank on solid paperwork to show our intention to move. Too early to book a flight. Can't get a job offer without the GC first. Wife is looking at graduate programmes. (have email correspondence for that) We will initially be staying with her parents till the job situation is sorted out. Have incidental proofs like US Bank A/C, Driving License but hoping to take something else with me for the interview too.

Thanks for the clarifications everyone. Wish they allowed us to amend the DS-260 after submission. Realized I made another possible error, which hopefully is non-critical.

In the question "Have any of your U.S. visas ever been cancelled or revoked?", I answered  "No". However, I have voluntarily abandoned a previous Green Card (obtained through the same spouse).  According to another discussion, handing back a green card still counts as it being revoked/cancelled.
 

11 hours ago, geowrian said:

It should have been "No". Your spouse is a USC, so the US is not a foreign country for her and therefore she is not immigrating there.

 

The US phone account and taxes are good pieces of evidence, but are likely insufficient in themselves. The communication with friends has no impact on domicile. How long has she lived abroad?

 

From the guide linked to above, below are some examples to show domicile. No single piece is sufficient....it's based on the totality of the circumstances.

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

She has been out of USA since almost a year. We will include all of the above proofs that apply. Also, she has been emailing admissions officers of various Master's programs in her field. Thinking of printing out that email correspondence. Wondering what the best way to show on paper that we are hunting for apartments to rent out would be. 

Thanks for the help!

11 hours ago, Jorge Valdivia said:

Someone may correct me, but I believe the answer to the "Is your spouse immigrating to the U.S.with you?" question is actually "No". My wife and I recently got our visa approved via DCF and we answered "No" after researching. The reasoning is because the US Citizen is not immigrating, they are simply moving back home. Only those who are moving to the US as new immigrants for the first time are actually immigrating.

 

As far as the domicile question, our evidence consisted of a moving quote, my US bank accounts (I never closed them while living abroad), my driver's license (I kept it), a phone bill, and a letter from my mom allowing us to live with her for a few weeks once we arrived.

You're right, I have filled that incorrectly. That's a great idea, who did to get a moving quote from? Was it an official quote or just email correspondence? 

So in the DS-260, they asked, "Is your spouse immigrating to the U.S.with you?", to which I replied, "Yes".

In your opinion would the above, coupled with the fact that she still has pays monthly for her T-mobile US number, has filed US Taxes every year, and can show email/facebook correspondence with friends in USA, be proof of intended domicile? This is scary.

The wife (a US CItizen) has been with me in India for over a year. She filed an i-130 which was approved and we are now filling the i864 and have scheduled an interview. She is a recent college graduate with no income to her name in USA, so her father is going to be the co-sponsor. 

The i864 FAQ's (link) say the following - 

Quote

 

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor?

No, U.S. law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

 

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

 

To file i-130 from abroad, she had to show she is a resident of India (the country we're in). Doesn't that mean she isn't domiciled in USA? If asked, we will say we intend to stay in USA henceforth, which is the truth. Am coming up short in paperwork to show that. She has no job offer in the United States. However, her entire family stays there, including the co-sponsor (her father). Would that count as proof of intent to domicile there?
Or does the quoted requirement not apply to DCF cases?

Thanks!

September 2017 - The Wife filed an i-130 Petition for me in New Delhi

November 2017 - Received an email saying i-130 has been approved and I can apply for the IR-1 Visa (We've been married over 2 years).

I filled in the DS-260 and submitted it.

I then visited USA Travel Docs dot com and scheduled two appointments - one for Biometrics & one for the interview.

In the mean time, getting the PCC, Medical Tests and i864 + evidence in order.

My question is this: The US Embassy of India page mentions the following for the interview process - link

Quote

"After you have completed the steps on the Immigrant Visa Process on usvisas.state.gov, including paying the necessary fees and submitting the required immigrant visa application form (DS-260), Affidavit of Support, and supporting documents to the National Visa Center (NVC), they will review your file for completeness. Once your case becomes qualified for an interview, NVC will work with us to schedule an interview appointment for you."

I have not had an opportunity to pay any fees, nor submit any documents (other than the DS-260 I filled online) so far, yet I have an interview data. Am I missing some steps?

Any help is greatly appreciated!

1 hour ago, Russ&Caro said:

I'm pretty sure that getting a *new* corrected 10 year green card doesn't reset your residency requirements. The domicile and residency requirements apply for all green card residents, no matter what shade of green they are. You might run into problems having spent 13 consecutive months outside of the US, with or without a new card.

Yep was just hoping against hope that may somehow help, considering it was their goofup.

1 hour ago, geowrian said:

A new card won't change the fact that you were outside the US for over 12 months and potentially abandoned LPR status.

 

It does sound like they made a mistake since you should have received the 10 year green card. But that point would be moot if you abandoned residency.

 

There are 3 options:

1. Try to return on the existing green card. If they determine that you actually abandoned residence, you will be referred to an immigration judge to make a determination. This is a risky option, but the fastest and cheapest (you can't have your cake and eat it too). Being abroad >=12 months doesn't automatically terminate your LPR status, but has a presumption of abandoning residency as required to maintain LPR status.
   1. This will depend on what ties to the US you still have.
2. Try for an SB-1 visa. These are rarely granted unless there is a strong case as to why you were unable to return to the US.
3. Relinquish your green card card (and LPR status) and file for a new immigrant visa.

Yep. Have been mulling over those options and decided to Abandon my Green Card and have my spouse file for DCF for me. In India its actually really quick. 3-4 months. While collecting all the documents I noticed this anomaly. I guess it doesn't matter now anyway.

Thanks for the help everyone!

I have a strange problem. I filed for RoC to switch from a CR-1 to IR-1. After the whole process, got a letter from the USCIS (attached) saying it has happened successfully and I now have an IR-1. However, the actual green card had a validity of just two years, and said CR-1 as Visa Type. If I were in the US and just noticed it, I would have contacted the USCIS office in Houston, where I was.

The problem is I'm in India, and more importantly, I've been outside the country for 13 months. I was considering abandoning my current GC and refiling with DCF for a new i130 from here.  I just noticed this error in the Green Card and am wondering if it can help me in any way. Since it is an error of the USCIS, if they reissue a new IR1 Green Card, could it allow me entry in USA despite being outside for over 12 months?

Attached - 
Old Green Card (CR1)

Letter saying I have an IR1

New Green Card (CR1 instead of IR1)

It does, and my spouse is on the eligible Indian visa for her to DCF for me too.

Thanks again for your advice, I appreciate it!

Dang, that's a nice friend to have.

A thought occurred to me: Instead of entering USA, being referred to an IJ, them starting removal proceedings on me, and then me filing for i485 (Adj oS) and a new i130, I could abandon by current GC and file for fresh i130 through DCF from India. This would mean not having potentially year long i485 going on. DCF is supposed to be the fastest way to get a new GC. On entering USA I won't have anything else to do as I'd be on an IR1.

On 8/23/2017 at 5:40 AM, j N j said:

 

Checked the flight detail of my above post.. is Dubai, the same as Abu Dhabi? Ive read that they are separate cities.. and hopefully not our POE.

They are sister cities (Two separate Emirates in the country United Arab Emirates)

So I was consulting with a lawyer and ran my plan by him (what Boiler suggested) and here was his opinion on it:

In theory it might work ... IF they agree to parole you in and IF the airlines allows you to get on the plane. In practice, it will be a problem ... an IJ can only grant a greencard AFTER the I-130 has been approved by CIS. The IJ in most cases will not grant 5-9 month continuances for CIS to process the I-130.

I understand that immi law is an inexact/subjective and a lawyer could be motivated to not let a potential client go, so those could be why he is trying to discourage me. Wondering what y'all thought of this.

Thanks.

26 minutes ago, Boiler said:

Why would your Employer ask?  You can expedite AP.

Hmm that's true, they won't ask. I'm sorry but what do you mean by AP? Thought it meant Advanced Parole. To my understanding I'd have to file for AoS and an EAD if the IJ starts Removal Proceedings.

22 minutes ago, Boiler said:

You are a PR until an IJ says you are not.

Got it. So if s/he says I'm not & starts removal proceedings, will there be a gap in my ability to work? My worst fear is getting a job and then jeopardizing it because of my status.

13 hours ago, jan22 said:

A sick grandmother--whether or not there are other family members there or not--- will not qualify in furnace B-1 Visa.

 

If you are actually admitted into the US with your current green card, there would be no need to/reason to/way to adjust status. If you are admitted, the officer at the Port of Entry is saying that you did not lose your LPR status.  Boiler was talking about a case where you would be refused admittance but are paroled into the US for an immigration hearing.

Ahh. Got it!

Last question. If I am paroled into the US, will I be able to work? If I immediately apply for AOS, i'd also have to apply for Employment Authorization (an EAD). How long would that typically take? Trying to calculate how long I'd not be able to work after entering the US.

35 minutes ago, jan22 said:

An SB-1 is not appropriate in your situation. To qualify for the SB-1 visa, you have to show that you remained outside the United States for more than a year for a reason that was y.your control.  According to the little you said here, you chose to stay in India, i.e. , there was nothing that prevented your return, such as being hospitalized, etc.

 

 

Thanks for the reply. Yep, my SB-1 case is shaky. Can show I have a grandparent I was looking after, but have other family members here too. 

Am looking into the feasibility of what the above member "Boiler" suggested, ie: entering USA on my existing GC and then adjusting my status.

11 minutes ago, Boiler said:

Of course, and I am sure the IJ etc know that, so what is the point?

Firstly, thanks for taking the time to answer my questions!

My knowledge of immigration proceedings seems flawed. I was under the impression you needed to have a different type of work visa already to file for AoS (like H1B / i485). I only have an IR-1, which I thought could be seen as abandoned since I am outside the country for over a year. 

Also, I read that I may be denied entry to my flight to USA since I have been outside for over a year. Hence was iffy about this route.

Just now, Boiler said:

Would your wife not want to file to adjust your status?

She most definitely would. If I go for DCF/i-130 right now, she would be the petitioner and I would be the beneficiary.

I am hoping to have a job offer on reaching USA, and am afraid removal proceedings will jeopardize that. 

Are you saying that if I enter USA and am referred to an IJ, my wife can *then* file for AoS for me? 

3 minutes ago, Boiler said:

All the PoE can do is refer you to an IJ, taking an extreme situation and say that happened and the IJ says you abandoned your status what would you do then?

If the IJ rules I abandoned status, it seems like removal proceedings will start against me. I would very much like to avoid that so am contemplating options 2 & 3.