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AussieDude

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Posts posted by AussieDude

  1. I'm calling my biometrics appointment letter NOA2.

    I know the receipt number on the NOA1 is useless. I received my biometrics appointment letter sometime last week. I tried the number today but the system says it doesn't exist. I was wondering if I have to wait until after biometrics to add it to my portfolio.

    You got that, isn't that enough to make you happy? Can't speak for other service centers as only dealt with Nebraska, they did post the receipt for both the I-751 and the N-400, but can go back to either to read that same old message over and over again and we already received the ten year green cards, and the appointment for interview. Maybe they are not even posting the receipt notices anymore, but if you have that piece of paper in your hand, you already know they received your application.

    I just want to add it to my portfolio so that any updates are sent to my email address. I can't add it until the number becomes active.

  2. I uploaded the entire letter to the gallery, here is the link....

    insufficient documentation letter

    and this is what we sent originaly....

    • Application and Biometric services fee - $275.00

    • Form I-751

    • Copy of USCIS Form I-551 (Permanent Resident Card)

    • Copy of our joint US tax return for the year 2005 and W-2’s

    • Copy of our joint US tax return for the year 2006 and W-2’s

    • Copy of our statement from our joint checking account at Wells Fargo Bank

    • Copy of our automotive insurance cards showing a joint policy

    • Copy of my husbands 401k showing me as his beneficiary

    • Copy of my husbands dental benefits enrollment status form showing me as an added dependent

    • Copy of two utility bills showing both our names on account, Qwest and T-mobile

    • Copy of our rental lease from our previous and current address

    From looking at the letter it seems like a standard letter they send out but the ****BOLDED wording is requesting specific years of certain things. since the application was mailed in April of 2007 I guess they want more current stuff. The affidavit part of the letter is not in bold but I wanted to send some just to be sure.

    Did you cover the whole period that your husband has been a conditional resident? For example, did you show bank statements from the whole 2 years (doesn't have to be all of them, but should cover the period) for the last couple of years? They want to see evidence that you have been making an effort to join your lives since he moved here, not just very recent stuff.

  3. "NOTE: Condtional resident applicants, including conditional dependents residing overseas pursuant to military or government orders WILL NOT RECEIVE and ASC appointment notice.

    The grammar in the notice could be better, would be better written thus:

    "Conditional resident applicants (including their dependents) residing overseas pursuant to ....."

    Basically, you don't do biometrics if you're a conditional resident who is overseas because they are required to be as a US govt official/military personnel. All others do.

  4. sorry i looked but i was not satisfied ,i want people who filed I-751 to tell me what are the documents please thanks,because all i see in the link you gave me is just other documents that has to do with filing seperately or if your marriage is terminated thanks.

    Read the instructions first, they clearly state the required documentation in terms of your green card etc

    Then search this site, there are plenty of threads with examples of what other people sent.

  5. Got approval notice in the mail today! :D It was a good surprise, because the online status of my case hasn't changed, it still says the case is pending.

    My NOA date was from 03/05/08, approval date is 06/30/08, the whole thing took 4 months :D

    Congrats!

    Do you mind listing the contents of your 751 application to help those in the future?

    Thanks!

  6. On immigration matters:

    * You don't have to do anything until the time comes to remove conditions as far as I know. The only things you inform USCIS, before removal of conditions is an address change, as far I know

    * If he's innocent, and is not charged/convicted/detained/etc, you won't have to do anything different

    * If he's charged, but later acquitted (for whatever reason), you will have to report it, but may not weigh as heavily on the removal of conditions

    * If he's charged and found guilty, he will most likely not be able to remove his conditions, and probably will have to leave the country once his conditional status expires. In this case, you probably won't be financially liable for him once he's left the country

    This is my opinion of course, and should not count as legal advice.

  7. That statement part doesn't appear in all RFEs (at least not that I've heard of so far, anyone else see it in their RFE?). For the most part, the RFEs seem to be standard and not personalised, so they could indeed request things that were already in the initial submission.

    I think they look at the totality of the submission, and make a decision on whether or not to send the RFE, specifics vary from case to case (probably depends on the 'niceness' of the officer adjudicating the case). For example, I sent in our tax returns, without the W2s, I could get an RFE requesting the transcripts, but I've heard of people who did the same and were approved with no issues. Many of us have sent in only the first pages of our bank account statements, and have had no issues. If the overall picture looks favourable, even though individual parts of the submission are not complete in themselves, they will probably look favourably at you. If your adjudicating officer is a #######, he/she might want to know daily details of your marriage for the last two years.

  8. The receipt number on the cashed check corresponds to the receipt number on the NOA1. Its an internal number (distinguished by the 0 at the beginning of the last block of numbers), and does not appear on the online status system.

    You can't check online status until you receive the biometrics appointment letter which has a number that can be checked in the online status system.

    To the OP, if they've cashed your check, that pretty much means NOA1. I'd be more concerned about your mailing address being correct etc. Give it another couple of days, it was a long weekend and all.

  9. I suggest you deal with these issues one at a time. Don't worry too much about the residency issues just yet, they sound like they are some time away at the moment.

    Deal with the alleged molestation issue first. I'm sorry that I can't offer any advice about that. However, as far as I know, until there is a court conviction, there won't be a charge recorded against your husband's name, ie he doesn't automatically go on the offender's register until there is a conviction, an allegation is not grounds for conviction in the US justice system.

    Living seperately at any point during the conditional residency is not an automatic grounds for refusal of removing conditions, however I can not say that at the least it will complicate your petition somewhat. You do have to mention any arrests/convictions on the removal of conditions petition. Once again, these aren't automatically grounds for refusing removal of conditions, but this depends very much on the reason for arrest/conviction. Looking at two extremes, if someone was arrested for wrong identity for example, they may not care about that. However, if someone was convicted of smuggling drugs/violent crime/sex offenses etc, that will probably make it next to impossible to remove conditions.

    I don't want to pass judgment on your case, I don't think its our place to get involved in the specifics. However, my opinion is that you should deal with the matter at hand first, and worry about your husband's immigration issues later.

  10. Sorry, I made a slight mistake. If travelling for more than a year, but less than two years, you may get a return permit: (from USCIS, maintaining residency)

    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.

    You can request a returning resident visa from the consulate abroad if you live outside for more than 2 years:

    http://travel.state.gov/visa/immigrants/info/info_1333.html

    (SB1, returning resident visa)

    I completely forgot there was a returning resident visa, I was thinking of the 2 year limit on the re-entry permit. There is, however, an onus on the resident that they always intended to return to be eligible for the returning resident visa. On this, I'd consult an immigration attorney to make sure that you do all that is required to prove you'll be coming back. I believe Jula had some good pointers on things like tax returns etc.

  11. As Jula has said if its govt or military related, there are exceptions.

    However, a resident (conditional or not, it doesn't matter) who leaves for more than 2 years is considered to have abandoned residency. Even with a trip back and forth every now and then, if they perceive it as residing elsewhere, USCIS can assume the residency is abandoned.

    I don't want to sound all doom and gloom, so if I were you, I'd read up and perhaps consult a lawyer about what you would need to do to retain residency.

    The fact that you're conditional has no bearing on this by the way. A conditional and non-conditional resident are equal in all respects except that a conditional resident must remove those conditions 3 months before the 2nd year anniversary of being granted initial residency. A non-conditional resident who leaves for more than 2 years is also assumed to have abandoned residency. One reason for getting citizenship is to avoid these issues.

    Another option is (and I'd consult an attorney on this position) is to tell USCIS that you are moving overseas, that you want to voluntarily abandon residency for now, but will be reapplying for residency 3 years down the track. At that point, it wouldn't be conditional (since you'll have been married more than 2 years). However, I have no idea how USCIS looks at those re-applying for residency after abandoning a previous application.

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