Jim♥Michelle
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Posts posted by Jim♥Michelle
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Thank you guys..
but "WHAT IF" ... What if Immigration denied his papers, does the $675 will return to us?..
hehehe
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Hello. Can somebody enlighten me about "Continuous residency" as a requirement to file citizenship?
My question is: Will my continuous residency breaks or terminate if I go out of U.S. for 3 MONTHS EVERY YEAR? Thanks.
NO.. 3 months is okey.. but keep in mind that you're not allowed to travel outside the USA for a TOTAL OF 1 year all in all..
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Hi guys,
I am an LPR and filed my I-130 on April 14, 2007 at CSC. I still haven't received any updates from USCIS.
I was checking some timelines on this site, and I see some people did get their approvals in 2-3 months. Anyone knows how long will it take for the approval.
Hi im also married to an LPR, If you filed April 2007, its normal that you haven't received any approval since your "LPR".. After the CSC received your petition you'll have to wait for weeks to received your NOA1.. and NOT the approval.. As you can see below, my hubby filed Dec 2005.. and still NO APPROVAL YET!.. Check the processing times in CSC where you can see the Priority Dates..
Approvals for I-130 in 2-3 months are for those married to a US Citizen, who filed for K1, CR1/IR1, etc. and not for LPR's...
Hope it helps..
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does the immigration allow that?.. You know traveling outside the USA while naturalization is still pending..
They do, but there could be problems. He should be ready to come to the interview (or at least to reschedule it) when they ask him to. And he's got to meet the "3 months in district or state" residency requirement at the time he naturalizes.
But more importantly, it looks like he's got a break of exactly 6 months outside the US from March 2004, to Sept 2004. Even if there's clearly no abandonment of status issue, any break of 6 months or longer restarts the clock on continuous residency for naturalization purposes. Note that the precise language on page 18 of the M-476 is "6 months or longer", not "more than 6 months".
I'm not sure how they count fractional days, nor do I know whether they start counting when the plane takes off, or the plane lands, or the moment he goes through customs, or what. This case sounds so close, little things like that may make the difference. It sounds like you'd be well advised to research exactly what the precise rules are, and bring the authoritative source with you to the interview. Otherwise, he'll get to the interview, they'll see the break of 6 months, and say that the clock on continuous residence restarted with that break.
Hi Lucyrich .. Thank you for your immediate response .. as I read M-476.pdf Page 22 (25 of 65) It clearly says that
What if I was outside the United States between 6 and 12 months?
"If you leave the US for MORE THAN 6 months, but less than 1 year, you have broken or disrupted your continous residence unless you can prove otherwise. "
It stated there that MORE THAN 6 months but less than 1 year..
and on my hubby's case was exactly 6 months .. now im confused hehehe.. 
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Well yes, the 9 months is surely going to run him into problems unless he can prove that he was there and maintaining US residency, however that would be up to him to prove to INS that not INS trying to prove he didn't.
Now since you restarted the clock, hopefully the INS doesn't think he abandoned his Green Card during that time (which doesn't seem to happen to often). So looking at his time out of the country, they might have him prove during that 6 months that he was maintaining US residency and didn't abandon it at that time. He would have to show all the documents, leases, taxes paid etc to show he wasn't a) working aboard or B) living abroad at all. So get as much information you can together to show the IO during the interview so that there is no doubt he was living in the US and just took a 6 month trip out of the US that time.
You would be eligible 90 days (not 3 months) before the PR of your husband. Since I'm not sure when he got his original PR, I can't say when the date is. So you'll just want to do the math and subtract 90 days from that...
Good Day Warlord..
THANK YOU so much.. we're pretty sure we can prove the IO that he didn't abandon his residency because he continued to file taxes and paid bills etc and up to now he's still living in the US. We're looking forward to file his Naturalization this coming February 2008.. what do you think? That was June 27, 2000
I think he became LPR the day he arrived in the USA, am I right Sir?... And one more question Warlord, he's planning to file next year but after he file he's planning to visit me here in the Philippines for 3- 4 months.. does the immigration allow that?.. You know traveling outside the USA while naturalization is still pending..
Again, Thank You So Much for helping people like me.
GOD Bless YOU!
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We'll be filing this February 2008.. goodluck to all of us!
-- Guys wait, after we file citizenship are we allowed to travel outside the USA... while our papers is still on process?...
THANKS in ADVANCE.. -
Good Day to ALL VJers.. Please help me compute my husband's travel IN and OUT the USA.. Me and my hubby both confused maybe if you guys compute his travels we will be at ease.. co'z you're all knowledgeable when it comes with this..
FIRST STEP IN USA..
June 27, 2000 - Nov. 11, 2001 - USA
1 Yr, 4 months, 15 days = 502 days.
Nov. 11, 2001 - Sept. 5, 2002 - PHIL
9 months, 25 days = 298 days. <-- he stayed here in the Philippines for 10 months so we assume that his counting is automatically back to zero right?...
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START OF COUNTING AGAIN..
Sept. 6, 2002 - March 20, 2004 - USA
1 Yr, 6 months, 14 days = 561 days.
March 21, 2004 - Sept. 21, 2004 - PHIL
6 months, 0 days = 184 days.
Sept. 22, 2004 - June 21, 2006 - USA
1 Yr, 8 months, 30 days = 637 days.
June 22, 2006 - July 15, 2006 - PHIL
23 days = 23 days (3 weeks)
July 16, 2006 - up to present - USA
------------------------------------------------------------
So guys,, what do you think.. I'm sure that he's eligible to file citizenship by next year but we're confused if what month either February, March or April.. <--3 months before he reached 5 years..
Thank You in advance..
Mabuhay!
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Thank You for a quick response. Some says that the processing of LPR's Petition slows done.. before it only takes about 5-7 years and now 15-20 years!..
I don't think anything has been decided/signed yet.
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Hi. I'm married to an LPR .. I wonder what happened after Bush plans to scrap US family petition? Is it effective immediately? What now?
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By RODNEY J. JALECO
ABS-CBN North America News Bureau
WASHINGTON DC. Filipinos with close relatives in the United States now have to wait from five up to 20 years for immigrant petitions to push through. But now, the White House wants to scrap the practice altogether, triggering a howl of protest from the immigrant community here.
US President George Bush will reportedly move for the elimination of all family-based immigrant visas as part of "draconian measures" to reform the Immigration Reform and Control Act of 1986 (IRCA).
The White House’s hardening stand clashed directly with US House Resolution 1645 which provides for comprehensive US immigration reforms. The US measure aims, among others, to eliminate the backlog in family-based visa applications, especially for spouses and unmarried children of legal residents (so-called "green card holders") 21 years old and younger.
Jon Melegrito, executive director of the National Alliance for Filipino Veterans Equity (NAFVE), warns the White House move will have severe repercussions for the Filipino-American community and their families in the Philippines.
Stephen Legomsky of the Washington University School of Law told a hearing of the US House subcommittee on immigration, citizenship, refugees, border security and international law Thursday afternoon, "these separations virtually invite illegal immigration".
Melegrito accuses US President Bush of "playing politics" with the proposed immigration reform package by offering to scrap family-based visas. Many see it as old-fashioned DC horse-trading to prod hard-line Republicans to support the reforms.
Curiously, much of the Bush package such as a guest worker program and allowing undocumented workers to stay in the US after paying fines, have drawn wider support from Democrats than from his own party.
Republicans have taken the tack that prevention and intensified enforcement – like building a wall across the Mexican border – was the way to go. There’s an estimated 250,000 undocumented Filipinos in the US and they would obviously be anxious about any fresh crackdown on illegals.
Muzzaffar Chishti, Director of the Migration Policy Institute, testified, "With very few options for entering legally through employment-based visa categories, intending immigrants could try to enter through the family-based categories…but the wait list for many of these categories are prohibitively long."
"In the absence of legal channels, immigrants entering our labor market have come to rely on illegal channels," Chishti told the solons.
The pressure is only sure to mount as so-called Baby Boomers near retirement. This and a combination of normal attrition and economic expansion are expected to create 65 million new jobs by the end of the decade, a demand the local workforce can barely fill.
Fil-Am groups are joining a large immigration rally here on May 1, dubbed the "Great American Boycott". Organizers are asking protesters to stay off work and shopping malls and march on the streets of D.C. The divergent immigrant groups are driven by their own agenda and priorities.
For the Fil-Am community, protecting their right to bring spouses and children here is top on their list. "Families should be together as soon as possible, and they should shorten the time between applying for the visa and getting it here," explained Rozita Lee, vice chair of the umbrella National Federation of Filipino-American Associations (NaFFAA).
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A google suggests its something to do with a Unix File System.
What exactly is your question?
Jame's Shortcut. I read it in some topic here in VJ. I dunno what does it mean but some petitioner under Cr1/IR1 using it. I just wondering if its also applicable to all LPR Petitioner, you know to use this shortcut. I think they use it to save time at the NVC.. they send email at NVC and they save 20 days to release their VISA..am I right?..
The link to Jame's shortcuts is belowhttp://www.visajourney.com/forums/index.php?showtopic=117
Couple of examples of James' shortcut include
E-mailing the Choice of Agent rather than waiting for the document to be sent out.
Sending the AOS fee bill before you receive the bill itself
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What is James Shortcut? ..
Does it also applicable to all LPR Petitioner?..
Tnx.
chelbear
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HI, Im married to an LPR and haven't received I-130 approval. I want to here your story about filling Tourist Visa for your Spouse. It so hard to wait for so many years before I can go to USA. I am from Philippines. As I read your reply you give us hope that WE can also file for Tourist Visa.. Anyway, how long did your wife stay in the USA under TOurist Visa? 5 years?!!! .. some people say that people have pending petition CANNOT apply for Tourist Visa because Immigration thinks that they'll never go back to their home country..
Thank you very much..
Where did you get this info from???? Hogwash! Tourist VISA have absolutely NO impact on your applications nor do they effect your tourist visa application when you have an existing application in for immigrating. This information is keeping families apart. There are many stories on here, including my own where my wife, while waiting for her Immigrant interview, recieve a 5 year B-2 Tourist visa. APPLY!!!!!!! Your chances are high you will get it as long as you tell the truth, dont hide anything, and express it would be foolish for you to overstay your tourist visa while waiting for your immigration visa. First it is illegal, and you can be deported and banned from reentry in the US for 10 years, and it would be foolish to jeopardize this when so close to getting your immigrant visa. Second, just have the required information they ask for, pay the $100 application fee and go for it. Yes there are officers who are tough, but MOST donot want to keep families apart. -
Hi, Im LPR Spouse I would like to know if anybody has got a tourist visa after filing I-130. Is it possible?
Thanks
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Hey guys, im a bit confused. I am married to an LPR, and according to his relatives that I, as a Spouse of an LPR can file for Visitor Visa is that right?..
Thank YOU..
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Thank You So much..
Good Luck to all of Us..
Way to go Keith!
Here's to a speedy AOS approval
Chelbear: from what I've read, in most cases being transferred to CSC means faster processing and not having an interview. I've only seen this for people adjusting status from a K1 though, I'm not sure how this would affect your case.
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Hi, im just wondering what does it mean if your case was transferred to California Service Center?...
Im married to an LPR, and recently I checked our case online, Status was also the same as yours, you know transferred to CSC.. we filed at Nebraska Serv Center but now transferred to CSC..? What makes you happy about that, I dont have any idea does it mean they're now processing our papers once it was transferred to CSC? .. THANK YOU VERY MUCH... 
Chelbear
Received the following in my email this morning, excellent news:Receipt Number: MSCXXXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that was transferred to our CALIFORNIA SERVICE CENTER location is now pending there. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thanks All,
Keith & Xiang
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I don't think I belong here.. all of you,.. either K1 or K3 Visa Petition..
Im married to LPR and still waiting for NOA2..
I hope some Filipino out there has the same case like me so we can easily relate or tackle our case.. and help each other 
GOOD LUCK GUYS!..
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Try the timeline search feature here on VJ, maybe you can get information for what others have experienced with your particular visa petition. Good luck
Thank You.
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MABUHAY!
HI Vjers.. after I received my NOA2, what's next? .. do we have to wait for another years for another steps?.. what are the evidences we need to show the US Embassy Officer?
Thanks for your help..
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Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
* has been lawfully admitted for permanent residence (see preceding section);
* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
* has resided within a state or district for at least three months
http://www.uscis.gov/graphics/services/natz/guide.htm
There is a worksheet in the guide that will answer all your questions
Kezzie
Thank You .. the link you've given me is so helpful but there's really one thing that made us so confused. Its the absences of more than 6 months but less than one year...It was written there that we need to send evidence that the LPR continued to live, work and/or keep ties to the US such as:
a. IRS tax return "transcript" or an IRS-certified tax return listing tax information for the last 5 years.
- What if my husband before he stayed in the Phillipines for 10 months wasn't employed. And when he
stayed here for 6 months he resigned from his work..then went back to the US and got hired again.. its
so confusing...
b. Rent or Mortgage payments and Pay Stubs.
- The Rental Bill Payor is his parents & written in the Stubs is the name of his parents, is that okey?, can
we still prove the Immigration that he still lives there though he's outside the USA for more than 6
months?
We dont know what to do... VJers please help me ..
Chelbear
On the face of it he did not maintain US residency in this context, in fact sounds like he was lucky to get back in again.
I would suggest a consultation with a lawyer who specialises in maintaing residency, not a common trait.
Hello there, my hubby is problematic about filling his citizenship because of staying more than 6 months but less than a year (10 months) outside the US. I just wanna ask you about where did you get the info about this ... any link?
"You may be found to have abandoned your permanent resident status if you:
* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns. "
Chelbear
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The continuity of residence is broken if you are outside the U.S. for over 6 months, but less than 1 year and your 5 year wait starts over. If the visit in 2004 was 6 months and 1 day or more, the time starts again then.
It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away.
http://www.uscis.gov/lpbin/lpext.dll/inser...pter-32-73-46-3
"It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away."
Maintaining domicile in the U.S.? The Rental Bill Payor of their house is his parents & written in the Stubs is the name of his parents, is that okey? and by the time he visited me for 10 months he wasn't employed...oh God help us..
Thank You so much!
Chelbear
It doesn't appear that he'll be likely to overcome the break in continuity. At least you are armed now with the proper information and can be cautious about incurring any further breaks. Did he accept work while he was with you? Did he claim that income on his taxes? You should also familiarize yourself with the factors that can be used to determine abandonment of status even for periods less than 6 months.
He didn't work here in the Philippines, he just spent all those days with me (even on his 10
months and on his 6 months)
and yes, he claim his income from his taxes .. He pay taxes, he has Income Tax Return Receipt, is that enough to prove Immigration that he established himself in
the US. Also, some current bills to serve as an evidence.
Thank You for helping people like me ..
You're Heaven Sent .. Take Care.
Chelbear
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Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
* has been lawfully admitted for permanent residence (see preceding section);
* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
* has resided within a state or district for at least three months
http://www.uscis.gov/graphics/services/natz/guide.htm
There is a worksheet in the guide that will answer all your questions
Kezzie
Thank You .. the link you've given me is so helpful but there's really one thing that made us so confused. Its the absences of more than 6 months but less than one year...It was written there that we need to send evidence that the LPR continued to live, work and/or keep ties to the US such as:
a. IRS tax return "transcript" or an IRS-certified tax return listing tax information for the last 5 years.
- What if my husband before he stayed in the Phillipines for 10 months wasn't employed. And when he
stayed here for 6 months he resigned from his work..then went back to the US and got hired again.. its
so confusing...
b. Rent or Mortgage payments and Pay Stubs.
- The Rental Bill Payor is his parents & written in the Stubs is the name of his parents, is that okey?, can
we still prove the Immigration that he still lives there though he's outside the USA for more than 6
months?
We dont know what to do... VJers please help me ..
Chelbear
On the face of it he did not maintain US residency in this context, in fact sounds like he was lucky to get back in again.
I would suggest a consultation with a lawyer who specialises in maintaing residency, not a common trait.
Yes hehehe he was lucky enough to "get back in" again but according to him when he reached the US Airport (staying 10 months) he was asked by an Officer "Why you stayed too long outside the US?" he answered back and he was just warned that it shouldn't be happened again .. does it mean its okey to the Immigration. He didn't disrupt his continuity of residence
..Chelbear
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Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
* has been lawfully admitted for permanent residence (see preceding section);
* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
* has resided within a state or district for at least three months
http://www.uscis.gov/graphics/services/natz/guide.htm
There is a worksheet in the guide that will answer all your questions
Kezzie
Thank You .. the link you've given me is so helpful but there's really one thing that made us so confused. Its the absences of more than 6 months but less than one year...It was written there that we need to send evidence that the LPR continued to live, work and/or keep ties to the US such as:
a. IRS tax return "transcript" or an IRS-certified tax return listing tax information for the last 5 years.
- What if my husband before he stayed in the Phillipines for 10 months wasn't employed. And when he
stayed here for 6 months he resigned from his work..then went back to the US and got hired again.. its
so confusing...
b. Rent or Mortgage payments and Pay Stubs.
- The Rental Bill Payor is his parents & written in the Stubs is the name of his parents, is that okey?, can
we still prove the Immigration that he still lives there though he's outside the USA for more than 6
months?
We dont know what to do... VJers please help me ..
Chelbear
HELP me Compute pls!
in US Citizenship General Discussion
Posted
Thank You for sharing your friend's story.. I thought it's easy to prove the INS that he didn't abandon his residency as long as he has proof like filing taxes, and with immediate relative living in the US while he's out of the country. Now, we're thinking whether to file or restart counting after his 6 month trip "AGAIN"
(we already did that after his 10 month trip).. I'm so disappointed,.. but wait, does she prove the INS that she didn't abandon her residency?.. what about her bills, taxes, etc.. ?