dawning

No, they won't do anything until it's 30 days past the date you sent it.

I filed my N-400 with a fee waiver. The NOA1 was dated 19 days after it was delivered.

Thanks... I guess it makes sense. I will wait another week and see what happens.

I called the USCIS customer service line, and the woman I spoke with there told me that the time frame for NOA1 is 30 days, and to call back if we still don't have anything after that time. Does anyone have any information counter to that? That would mean giving it roughly another week.

Women who have children in their 40s are extremely lucky, and are also risking all manner of birth defects. My sister had a child at 40... and she was *VERY* lucky.

In regards to the biological clock issue, we had our first child when I was 38 and my wife was 35 and our second 2 years later. One thing I'll agree on is that having kids later is hard, because they can physically wear you out. It's what keeps my wife and I physically active whether we want to or not.

OP, just officially withdraw the first K1 petition. Enjoy your trip, and go from there. I doubt you will have any issues filing another K1 petition when your are ready to do it again.

Glad that's the only thing you got from my message.

Not sure how common birth defects are for woman in there 40s but like you said your sister had a child in her 40s that is without birth defects. Maybe the same people who say that also are the ones who are saying vaccines causes autism but that won't stop me from giving my daughter her shots

Best of luck to you just don't ignore the red flags if they appear and take some time to really get to know this woman that's all I was saying

Yes, there are lots of women who have no trouble getting pregnant and giving birth in their late 30's and their 40's. It is however, a much lower percentage than women who find the above easy in their 20's. And mainstream medicine does warn that the risks of certain birth defects, with Down's syndrome being the most common, increase dramatically after the age of 35, and are much higher by 40. There is some recent research that indicates that the age of the father may play a role as well. Personally, I don't think that's a reason not to have a child if you find yourself in a situation where you want to at age 40, but it might be a reason that some people prefer to try to have children earlier, I would imagine especially if they have a family history of birth defects.

As to the energy thing, I had health problems in my 20's which really sapped my energy, an I remember being glad I didn't have the responsibility of looking after small children at the time. I had a child at 34, and another at 36, and now a couple of years later feel much more capable of the level of activity required than I did 10 - 15 years ago. It's also worth noting that waiting till the 30's to have children has become fairly much a norm in the US, but is definitely not so in many other countries, especially developing countries.

I guess what I am trying to say is that it is really individual. To the OP, if you feel that this new woman in your life might be "The One" please feel free to go and check it out and see how the relationship develops. The consensus of the group here is that the previous unused petition, once properly cancelled, should not present an insurmountable obstacle to bringing your new love to the US. You might also like to live with her in Thailand for a while... English teaching is something you might be able to do there as well. While the people cautioning you to slow down and be careful have a point, it doesn't mean don't try relationships, it means something more like try not to be so desperate about it, which I think is really worth considering.

Best of luck!

Anyone have any thoughts who I should contact?

I could call and check they have it there. When they receive petitions, they scan them in (on the NOA1 is the date and time they received your documents which is usually the day USPS delivers it). There was another member here recently who sent their I-751 package with a fee waiver and USCIS somehow "lost" it. They ended up filing with the fee because they were so close to the cut-off.

Make sure they haven't "lost" yours too.

Thank you Ketsuban. I am assuming that they won't scan in one that requests a fee waiver until they have made a decision on the request for the waiver... My thinking is that if they deny the waiver the will refuse the i-751, and so won't want to generate a notice of acceptance until they have decided to grant the waiver, the same way they would send back a petition filed with the incorrect fee. Is that not true? If it is true, how long is a reasonable amount of time to expect the fee waiver process to take?

Who should I call? If I call the USCIS centralized number, will they have any info in their system on a petition that hasn't generated a NOA1? I would call just to ask them what to expect, but know that they are often called the "misinformation line" here, and so though perhaps VJers could give me a more accurate picture of what might be happening?

I appreciate your answer. If you have any more insight please share.

I found this story but it seems that the consensus is that if you apply for a waiver and are denied then you can reapply with the rejection letter as proof of previous filing. This member's story seems legit and if I were going to apply I would go this route. Send as much as you can. Good Luck.

http://www.visajourney.com/forums/topic/609723-fee-waiver-for-roc-granted/

Thank you... It looks like her wait to hear back was about 3 weeks, which is about how long we have been waiting. Hopefully we will get answer soon. If they deny us after next Thursday we will have to pay the more expensive fee, but we knew that was a chance when we filed the fee waiver.

Hello,

I posted this question in the November filers thread, but I didn't get an answer. I sent my husbands i-751 to the California Service Center at the end of November, together with a request for a fee waiver. It was delivered on the 26th, a Saturday, so I am assuming it would count as received on the 28th, the next business day. We have not heard anything back. I have a sense that fee waivers take longer to get the NOA1, but I don't know how long I should wait before I get concerned or try to contact them. I see others with a similar dates and no fee waiver have already had the NOA1 for a while.

Any input would be appreciated. His card expires January 16th.

Thanks!

Hello everyone,

I have been watching this thread in hopes of getting an idea of a timeline for my husband's ROC. We sent it in on November 25th by priority mail. As we live only a couple hundred miles from the California Service Center, it was delivered on November 26th, a Saturday. So I am assuming that they count it as received on the 28th. So far we have received nothing from USCIS. We did request a fee waiver, and I know those can take longer to process. But I am starting to wonder if I should worry that we haven't heard anything so far. Any thoughts?

I am not an expert, but I tend to think that your husband is right... Just because you have thought of divorcing, if you haven't made that decision you should proceed as though you are expecting to stay together. Relationships are hard, and a lot of people may talk about or think about divorce, but until they actually take the step they are entitled to be treated as a married couple.

I suppose you might have some grounds to worry that if you are engaging in polyamorous situations they might think that your relationship is not legitimate, as "infidelity" (a slippery term) is considered a deal breaker by many couples. However, I don't know how that would come up if you don't volunteer it. Does anyone else have any insight on that front?

Be careful with anxiety pills. I recommend meditation or yoga, although I know it may not work for everyone.

Good luck!

Edit: I saw your post about the pills after I posted... I didn't mean to imply that your use of the pills was dodgy, just that they could have side effects you might not find desirable.

everybody here is talking and advising about VAWA and I second that. She can fix her legal status through VAWA and to take care of her son.

Tasha

Actually several posters have pointed out that VAWA isn't necessarily easy, especially for someone with limited proof of abuse (no police reports, et cetera). And we have a new president who has talked about wanting to deport all illegal/undocumented aliens. So all I am saying is she may need to be cautious and weigh her options carefully. If she is deported she may never see her son again, and who knows who might end up taking care of him. But it does sound like she is getting some good advice about possibilities, and I hope it works out well for her and her son.

Sorry to hear about your situation OP... it sounds really, really difficult. A lot of well meaning people are telling you must leave for your safety, or for your child's well-being, but it is important to remember that you may not have legal immigration status if you leave him (or if you stay with him, if he continues not to want to adjust your status). Having a mother who is "underground" or deported may also be less than healthy for your son. I would second the people telling you to talk to an attorney or any agency that offers aid to immigrants, to get even more of an idea of resources and options available to you. Best of luck!

I sent of the paperwork yesterday, both the 1-751 and the i-912 (request for free waiver). I wanted to do it sooner but was busy with a lot of unexpected work. I will try to remember to come back and post what happens, or anyone could pm me.

Thank to everyone for their input.

It doesnt matter that the numbers dont match. I can understand why you think so, but thats an assumption on your part and its wrong.

When reviewing your waiver its a process. First they check if you get mean tested benefits. If so, its usually a yes for the waiver. Dont matter what or why or the circumstances. It ends there. If you send NO proof of that, they go on to number 2, your income. If you show thats under 150% then its usually a yes. If not then it goes to 3, showing a hardship.

If you are going to send things for 1 and 2 and they have conflicting info you can send a letter explaining why. If they bother to even look at the evidence for number 2 and notice it, or read the letter you send with evidence for 1 and 2 Im sure they will appreciate your attempt at clarifying the discrepancy. But its not needed. You can send what you want. Either just number 1, just number 2, or numbers 1 and 2 with explanation of why they dont match.

Thank you so much for writing this. It seems encouraging. There's just a paragraph about how if anything knowingly false is submitted they can deny not only the fee waiver but also the immigration benefits, that makes me nervous about sending in something with information I know is outdated. It was correct for the tax year 2014/benefit year 2015, but they didn't update the info in the letter when they renewed our benefits for 2016.

It's fine to file it based only on the income requirement. You only need to qualify based on one of the reasons.

Thanks for the information. I am leaning towards that path.

My husband and I are getting his ROC paperwork ready to send in.

I had been planning to file for a fee waiver on the basis of both our income being below 150% of the poverty level and the USC spouse (me) having Medicaid. I have tax transcripts for the bona fide relationship part of the i-751, so I can just submit a copy of last year's return for the income requirement. The problem is the Medicaid. I spoke to the social worker who manages my case at social services and she printed out a letter I had been sent back in the spring confirming my eligibility for Medi-Cal (California Medi-caid).

The problem is, when I first got that letter last spring, I called to let her know there had been error, that the letter included my same income and family size from 2014, not 2015. I had a larger family and more income in 2015, and while I had provided them information on that, they didn't update the letter. Our income is still below the minimum listed in the letter, but the figures they quote for income (and family size). My social worker told me not to worry about it, and I had forgotten about it until I reread the letter yesterday and saw that they still hadn't changed it. So while it shows I have medi-cal, neither the income nor the family size match the information on my tax returns or what I will fill out on the 1-912.

What should I do?

I could file the request with only the income requirement.

I could bother the social worker to fix it, but if she hasn't done it since last spring I am guessing it's not a high priority, and I would like to mail the ROC out tomorrow.

I could include the letter and add a letter of my own explaining that the numbers are wrong. But wouldn't that kind of negate its value as evidence?

Does anyone have any ideas? How much weight does Medi-Cal for a spouse add?

Thanks in Advance!

The odds are not in your favor when it comes to file fee waivers. USCIS lives of the money we pay in immigration fees since they don't get federal money, they really don't like when you file a fee waiver and if you do, it better be for a good reason. they don't care how poor you are, if you are a young couple and both are able to work, they assume you somehow can come up with the money, they even reject fee waivers for AOS all the time, that in my opinion is the most expensive fee and the most difficult to pay because only the US citizen is able to work.

You can file the waiver, it won't have a negative financial impact in neither of you if they approve it or reject it, just keep in mind that you have limited time to file the removal of conditions and if they reject it, you will lose valuable time to file again.

Thanks for the input.

That's what I meant when I said I couldn't find much information on the subject, I see folks like you saying it's almost impossible, others say if your income is low it's a given. Seems like not many people report having applied. That's part of why I posted this, to try to see what different experiences are out there.

I'm still curious to hear other thoughts/perspectives.

Thanks again!

Hi everyone,

I just called USCIS, the representative on the line confirmed that I should go by the GC date and mentioned that there have had lots of people calling for a similar issue lately, confirming that the notice sent bu USCIS may not always have the right date on records but to always go by the GC dates

Thank you for your help.

Thank you for the update. I was getting nervous because the date in the reminder letter my husband got was today and I haven't sent it in yet (his GC expires mid-January). Good to hear confirmation that it is the date on the GC we should go by.

See, that's the best part! This is the last "immigration benefit" you actually need! Assuming you get approved for the fee waiver, save whatever you've put aside so far for it, put in an extra $5/month for the 10 years the new green card is good for and you'll have enough cash to pay the fees for citizenship before you need to renew his green card again, and then you NEVER have to deal with USCIS or immigration EVER AGAIN! (I have the ridiculous desire to add an "evil laugh" to the end of this post, but it might hurt my credibility!)

All the best to you (and I hope you get the waiver)!

PS, I checked first to make sure Venezuela allows dual citizenship, and it does, so you're all good!

If your income on your last tax return is less than 150% of FPL, you'll get the fee waiver. No negative impact on anything.

https://www.uscis.gov/system/files_force/files/form/i-912p.pdf?download=1

Thank you both for the moral support and information. We will give it a try.

It looks as though there's a form on the USCIS website that lists what they consider to be "poverty line" for this application... Every department seems to have their own idea of what constitutes poverty.

If I were you, I'd go down every list I could find and make sure I qualify under as many categories as possible. Don't worry about making anyone "mad" because you won't. However, if your waiver is denied and the fees go up you will probably have to pay the higher fee, which would suck.

Thanks for the input. I agree about the multiple categories being better than one. I am trying to get it out in the next couple of days, so I am hopeful that they would reject, if they are going to, in enough time for me to resend it before December 23rd, but it's possible it won't be that quick.

So you don't think it's possible they would would like of financial abundance against him for future immigration benefits?

Hello helpful VJ members,

My husband and I are getting ready to file removal of conditions for his Green card which expires in January. We are debating the pros and cons of filing a fee waiver as well because money is a little tight. We definitely are below the poverty level, and our children and I (USC spouse) use Medi-Cal (California Medicaid).

The concerns that make me hesitate are two:

1. If I file and they reject, I may perhaps have to pay the higher fee in December when the fees increase, and

2. Could it make them mad or have any negative effect on my husband's residency in the future, or eligibility for citizenship if he decides to naturalize?

I have been searching on here, and haven't found much information about the fee waiver. It would be really helpful to hear from people who are knowledgeable or have recent experience. If anyone doesn't want to publish their experience, they can certainly PM me as well. (I remember there was a case of someone being rude to a person who had requested a fee waiver recently.)

Thank you all very much!

I don't think it will make a difference where you fly out from. The important part is when you arrive in the US, or an airport with preclearance. That's where they will be processing the visa. I assume you applied for a spousal visa?

Two years ago, when my husband had his interview in Caracas, We didn't know we had to preregister for delivery of the visa, and so did it a few days after the interview. That resulted in it being "lost" for awhile, as the embassy had already sent it out when we registered. But it did finally show up almost a month after the interview. I don't know if they have changed anything about how they handle that, but I would recommend trying to find out as much as you can ahead of time about the passport with the visa will be returned to you.

Good luck!

My husband had a similar thing happen... got a letter reminding him to remove conditions with a date for becoming a permanent resident as the day he interviewed for the visa. That was more than two months before he entered the US, so the date they said he could file was more than two months early. That was back in August, I posted on VJ, and the advice I received was that it isn't necessary to contact them and that it's the date on the card that matters, which in our case correctly represents his POE. I hope that was good advice, because we are still getting ready to file and coming up to the two year anniversary of the date they indicated in the letter... I am guessing that someone who is in charge of sending out letters is not knowledgeable about the significance of different dates throughout the process.

OP, if you do make an infopass to correct the date, would you please let us know whether they say it's important?

I don't think CPB wrote the date down wrong, unless it's wrong ON the card itself.

Just a very small correction: I think what you mean to say in English is "attend a friend's wedding" not assist. Also, it's more common to say "in 2015"not "on".

Otherwise, looks good to me.

Good luck!

Definitely let him join VJ so he can give more details. In order to determine whether her offense might lead to a visa denial it's important to look at the petty crime exception as that might apply. However even if the petty crime exception applies some COs still deny a visa. It helps if a lot of time has passed since the incident and if she is able to give a good explanation for what happened, show remorse and maybe show some sort of rehabilitation (did community service, goes to church or similar).

Maybe someone with more experience can chime in here too as I know nothing about how tough the Indonesian consulate is.

Thanks for the answer... it's complicated I guess. I will send a link to this thread to my family member, hopefully it will help him figure out next steps. And he can always join himself. Thank you again, I appreciate your expertise.

It's going to be difficult.

Basically, crimes that are considered to be 'crimes involving moral turpitude' or CIMT usually result in the person being inadmissible and she may require a waiver to overcome this. It is best that your family member seek professional legal advice in this matter. It will be very difficult as a DIY project.

Broadly speaking, CIMT are crimes that involve fraud, larceny or injury (or intent to injure) to a person or some property. It sounds like she could be seen to have committed fraud or larceny.

The US does not consider crimes to be spent or wiped for the purposes of immigration. All crimes, no matter when committed, must be declared.

Thank you for the information... that makes more sense why it's hard to find out exactly what the CIMT's are, as it could depend on circumstances and exactly what the person was convicted of. I will send him a link to this thread so that they can investigate more.

If anyone out there has more personal experience with a similar sort of situation, I would like to hear it.