AussieDude

Although I still have thirteen days until I can file, I'm ready to rock 'n' roll y'all! I used a clear clamp binder (therefore did not need to three hole punch the papers) with these really nifty plastic section dividers on which you can write. I used a Sharpie pen on these plastic dividers to write the section names (similar to yours). The ink does not smudge.

Hey, not sure where you saw the three hole punch thing, but the govt doesn't use three hole punches (at least at USCIS). They two hole punch at the top. If you're going to use dividers, make sure the dividers appear at the bottom, not the sides (although this one probably doesn't matter as much as where the holes are punched).

I received my Biometric Appt. letter today? How do I track the case with the case number?

Go to www.uscis.gov, look for a link to online case status, enter the number there, or alternatively create an account and input the case number as part of your portfolio

That means as of 15 June 2008, they are processing cases filed in December 2007

The I751 form is updated every couple of years. Somewhere back in time with the original I751, the affidavits were probably required. As they updated the forms, they only changed the parts in line with their procedures, and didn't bother with the other parts.

The affidavits in the instructions list are probably from way back when it used to mean something. These days, most people who even get them don't bother with notarizing them (gotta find a justice of the peace etc). And I can't see USCIS calling up people on the affidavits to appear at the petitioner's interview, the parents of the USC spouse could live halfway across the country etc.

I don't personally like the idea myself because I'm a private person, and I don't want to drag other people into my immigration affairs (just my personal feelings, may not apply to everyone).

Having said that, if you can get a few, it WONT hurt, and may in fact help as part of the complete picture. Even with my views on the matter, I did get one or two.

The I-751 won't be approved before the 90 days is up. When you file you will receive the NOA1 which acts as an extension letter of the PR status. This letter, combined with the expired green card serves as proof of legal status. You will be able to travel out of the country and work.

I know a lot of people will scoff at this, but originally, it was intended that the I751 process would actually be done in those 90 days (I think I saw a reference to it somewhere in the USCIS field manual).

Wish it was like that in reality for all of us (well CSC seems almost to be keeping to that these days)

Short answer, count from Adjustment of Status. Technically, entering on a Fiance visa does not count as entering the US on an immigrant visa, as the Fiance visa is not considered an immigrant visa.

The other thing that will help you is the expiry date on the conditional green card your wife has. Look at the expiry date, and your 90 days begins 90 days prior to the expiry date.

Same thing for citizenship, AOS date.

Its $80 for fingerprinting. If your step son is in your wife's application, it should be $465+$80+$80

Come to think of it, how old is your step-son, I have no idea if you need to do fingerprints for really young kids.

Mueranga - thank you for your insight

I actually work in HR as well

and my SS card still has that no work without INS authorization from my F1 days. I never thought to visit the Social Security office when I had my two year conditional residency, honestly i did not think i would get approved for one without any marks since its a green card with a two year expiration date..

as a result I am stuck without enough documents to establish employment eligibility. I think I will take the approach of asking the employer to wait another week or so, and hopefully I can convince the INS examiner to stamp the passport while they take their sweet time deciding what else to do with my file...

thanks Cherr, Ihope everything is going better for you

You could have gone with your conditional residency card. In fact, other than the removal of conditions at the end of the initial 2 year period, you have the same rights as someone with a 10 year green card. The expiry date has no effect on your rights/privileges.

Hope you get something sorted soon!

I work in HR, all you need to prove that you are eligible to work in this country is a SS card and a valid driver license. There is a slew of other documents you can show them (you can downlad the I 9 form here and it will tell you a list of acceptable documents that serve as proof)

http://www.uscis.gov/files/form/i-9.pdf

But if you have these two things you don't have to show them your green card. IN FACT I heard of a case where someone threatened to sue because the employer insisted on seeing the green card despite being shown the ss card and valid license, when the person in question had not received the card yet.

Regarding the SS card, after receiving you conditional residency you should be able to go switch out for a new SS card that does NOT say "valid for work with authorization" or whatever it says... (if yours says that then you would probably have to show them the green card).

After I got my conditional card I went and got the SS card without the work authorization disclaimer and also went to the DMV and they gave me a license that expired on 2012... (but I think other DMV locations might be different based on experiences of other people in this forum)

In essence if you have other supporting documents it wont matter. Download the i-9 form, you don't have to show anyone your green card and/or passport if you have these other documents.

Hello everyone, If I may inquire about a specific topic

quick background...

I went to INS office back in late may to inquire about my status, at which I found out that I had an interview july 15th, for removal of conditions, i got divorced and filed the form on my own.

NOW..

However, INS officer indicated that my passport expired so it cannot be stamped. Now i received a job offer and my new employer wants to send me to a medical exam and come to their office to fill out all the tax forms - I-9 forms next week, which is a week or so prior to my interview

INS office back in may did indicate that i can come back once I renew my home county passport, ( which i did) I scheduled an info pass for this coming monday the 7th early morning, would they stamp it then..? or will i be told its too close to interview date so i have to wait until the 14th to do that..

please advise, its a wonderful job/career advancement and i am freaking out on what to for next week

thank you all for taking the time to read my words

In fact, an unrestricted SSN card is all the proof you need to show eligibility to work. The driver's license is just proof that you are the person named on the SSN card, I'm sure you could use any valid photo ID (though you don't want to confuse a potential employer with a foreign passport!)

I was wondering how others with conditional residency had restricted SSN cards when from day one mine has been unrestricted. I realised, however, that since I came via the DCF/CR1 route, I never had to go through the AOS process (thankfully I presume).

Since you have a car, does your title have both your names on it?

Health insurance?

Affidavits can always serve as good (extra) evidence.

Pay slips for both of you at the same address perhaps?

Correspondence addressed to both of you?

Incidentally, assuming he's the US citizen, how was he able to get through the Affidavit of Support (AOS) phase (the I864 when first applying for residency) to sponsor you? Assuming that if he got a co-sponsor, you could always get a letter from his co-sponsors as evidence of the financial situation.

we do have health insurance from my job and he's my beneficiary coz his job doesnt provide any kind of benefits.. i think on our first application, my brother in-law sponsored us financially, now that im working i think were gonna be okay because im currently working 2 jobs.. and our bills like cable and cellphone it's only under my name bcoz they said that they couldn't include his name coz they can only put one name on the bill.. on his paychecks i guess he forgot to change the address coz he works close to his old house where he use to live with his sister so he didnt change it would that be a problem? but our tax return were all mailed to our house and all that..

They don't actually look at your finances per se (although I've wondered how true that really is), so they don't really care about your income. I asked about the co-sponsor because you could get a letter from them (your brother in-law in this case) to write an affidavit for you where he can also explain your husband's financial situation.

With phone companies, even though the bill may be addressed to one of you, you are able to add someone as a full access contact, so you could call your provider and ask them to do this. However bills addressed to at least one of you at the address is still some proof of co-habitation so you should still be able to use those.

If you're already gotten your 10 year card, that's pretty much it, you are an independent resident in your own right, and you've removed your conditions (in which case this topic should probably be in the Major Family Changes forum).

Since you have a car, does your title have both your names on it?

Health insurance?

Affidavits can always serve as good (extra) evidence.

Pay slips for both of you at the same address perhaps?

Correspondence addressed to both of you?

Incidentally, assuming he's the US citizen, how was he able to get through the Affidavit of Support (AOS) phase (the I864 when first applying for residency) to sponsor you? Assuming that if he got a co-sponsor, you could always get a letter from his co-sponsors as evidence of the financial situation.

USPS priority with delivery confirmation (I didn't bother with certified/registered or even signature confirmation, I just wanted to know it got there). Once the check was cashed a couple of days later (never been so glad money went out of my account) that was definitive proof.

Some have sent in copies of their tax returns rather than transcripts and have had no issues. It probably comes down to the officer adjudicating the evidence.

I sent in my package a couple of weeks ago. I sent a copy of my return rather than transcript. It was done by our accountant and her address is on it so they may accept it, or I may get burned, hopefully not. One could use the argument that the transcripts are more legit since they prove actual filing, but neither of them are certified so who knows? Luck of the draw? I've probably jinxed myself now

I just got my first RFE in this whole immigration drama and I have to say that I hit me hard! I know I shouldn't sweat it, since I haven't even spoken to USCIS (I got the letter an hour ago and USCIS is closed right now) but I just don't know what they could possibly want! I sent our mortgage agreement, taxes for the past 3 years, medical insurance, house insurance, cars' insurance, bank statements etc... All joint. Aren't these the most important documents they are looking for? And that's not "sufficient enough"? What is then? That's ridiculous. We've been happily married for 3 years... What a beautiful gift for our 3rd wedding anniversary (on Monday). What do you think I should send? Pictures? All this stuff all over again? I just don't get it.... Can somebody please help?

Wow, sorry dude, you seem to have sent in similar stuff to me (in fact we don't even have a mortgage, we rent, and I got a letter from our landlord saying that I live there because we didn't want to get a new lease, ie increase in rent).

Did you send in any joint bills (or bills of any sort even if you one name on them), eg phone, cable, electricity, gas etc? Does your letter specifically state financial evidence or other things as well? Did you, for example, send in any affidavits or photos? Car titles?

I just sent my package in a few days ago, and I'm also nervously waiting to see what happens. We didn't have any joint liabilities (ie in both names) for example, except things like car insurance. My wife has a couple of student loans and about 3 credit cards (almost 2 now!) from before our relationship so there was no way I was going to have us signing up for anything else until those have sufficiently been paid off. I don't believe in borrowing money unless absolutely necessary so we haven't taken out any sort of loans.

Being that I'm not currently in your situation (and hopefully I can skip the stress of an RFE), its probably easy for me to say, just relax, take a deep breath and think it over for a couple of days. I'm sure you and some others on this board will generate some ideas, and this'll just be a little annoyance. The process seems to be completely random, and unfortunately we all suffer a little.

Hi all,

Thought I'd give some advice about what I did for my recently sent in I-751 application. My wife (USC) has been living in a rent-controlled apartment since before we got married. We talked to the landlord about adding my name, but this meant a new lease, and re-setting the rent to current market rates. I tend to be rather frugal , so there was no way I was going to take a couple hundred dollars a month increase in our rent just to add my name to it.

So, what I did was, I wrote a letter for my landlord indicating his knowledge that I've been living at the apartment since I moved here. Our landlord is quite nice about these things, and he was happy to sign this letter.

Those of you in similar situation, or living at your spouse's parents' house etc should also consider this.

has anyone heard of this? Found this on a lawyers web site. Has anyone had problems coming back in to the US once 6 months have passed since receiving the NOA for the I-751?

http://www.pcurtislaw.com/content/travel-w...etition-pending

Travel while I-751 petition is pending

Sat, 06/21/2008 - 04:26

Many people who apply for and obtain lawful permanent residency are initially admitted to the U.S. as conditional lawful permanent residents. The most common instance of the conditional lawful permanent resident arises out of the Marriage Fraud Act which requires that all persons who obtain lawful permanent resident status through marriage to a U.S. Citizen be admitted as conditional residents for a period of 2 years.

Conditional residents are required to file Form I-751 prior to their 2 year anniversary and request the removal of the conditions on their residency. The adjudication of the I-751 generally takes about 1 year. When an I-751 applicant's petition is accepted by the USCIS, the receipt notice that is issued provides that employment authorization and travel authorization are extended for 1 year.

Although the receipt notice indicates that travel is authorized for a period of 1 year, the document can only be used to return the U.S. after travel abroad within 6 months of its issue date. Thus, if you plan to travel while your I-751 is pending and won't return within 6 months of the date the receipt notice is issued than you should apply for a temporary I-551.

What the lawyer is saying is that someone with the status of permanent resident in the US cannot leave the US for more than 6 months. They are deemed to have given up their residency. It has nothing to do with I-751, this is pretty much standard for all residents. I believe if you leave for more than 6 months as a resident, you are supposed to ask for a residency return visa. I believe if you leave for more than a year, you are automatically assumed to have given up residency status. I haven't looked at the rules for a while, but I believe its something to that effect.

Hi all,

I'm still a year away from removing conditions, but still want to make sure I'm prepared ahead of time. My situation is that I have a job in Northern California, and I'm required to be up there about half my time, however my company is flexible enough to allow me to work from home in Southern California when I'm not needed up there.

My USC wife was/is originally from Southern Cal, and there really isn't much work for her up north (TV/Film production which basically means 98% of the industry is in LA), and I didn't want to turn the job down as when I moved here my wife was unemployed (the wonderful TV/film industry is pretty much ALL freelance so you never know what you're going to get). She also wanted to pursue some of her own projects, so basically I was the money earner for about 6-9 months. So we decided I would commute and we got a place up there. (I work in the tech industry by the way and I have same problem in Southern Cal as she would in North Cal).

Here is my question. All of our correspondence comes to Southern Cal since that was her address before I moved here, and we have kept that on everything. However, the lease in Southern Cal is in her name and we don't want to change it as she lives in a rent controlled apartment (adding me means a new lease, and resetting the rent to current market rates). However, our Northern Cal lease is in both our names.

My dilemma is that in a year's time, what should we show? If I show the joint lease, it shows that we live seperately (even though its in both our names), which would raise question marks. The other option is not to mention it at all. Any advice, any other commuters out there who have filed for removal conditions?

Thanks in advance

By the way, for information, here is other things I do plan on showing next year:

* Bulk of our money rests in joint accounts, and salaries go into joint checking

* Car insurance is joint

* She had a bunch of student/credit card debt before we got married, and we've been paying those jointly

* Both our cell phone accounts are with same provider (not under joint name though)

* 90% of our bills get paid from our joint account

* We have all our correspondence to our Southern Cal address

* We have a lot of friends who know us as a couple

* Have photos from various events since I've arrived (eg Thanksgiving, Halloween, Christmas, One year anniversary, Friend's wedding etc)

(Unfortunately, no joint loans/mortgages or kids yet, we want to wait till we're debt free)

I thought I'd try my luck and ask him if there was a chance to change his CR1 to a IR1 given tht it was our 2nd wedding anniversary, he said, 'Congrats, but no, good try though!'

Welcome Home!

Can you expand on the above? Were you, or were you not, married for 2 years at the time you entered the US?

It's not a judgement call; if you are you are, if you are not, you are not. If you "should be" IR-1, you want to get that corrected now (see Margaret's troubles with being misclassified as CR).

Thanks for the report, too!

Meuxna, I did ask, as it was exactly our 2nd wedding anniversary when we entered, the Officer said no, plain and simple, didn't give any reasons! Do you think I should argue that with USCIS?

BTW, thanks for the welcoming!!!

Gee, that is a DRAG! I don't know the answer but I'll look later on.

Makes you think it would have been worth camping at the border til the next day... rules, sheesh!

My 0.02 worth (perhaps this discussion needs its own thread, but I'll post here anyway), I'm guessing the 2 years would be based on when the I-130 petition is lodged/approved (for DCF this is the same day), thus for Anyta, the actual date may be a few months ago. However, the manual meauxna (by the way, hope you don't mind me calling you that, I'm not sure I've seen you sign with another name on other posts, if I've missed it, pardon me!) is quoting from states that its irrelevant what the visa says, and it depends on the date of entry to the US.

This might be a very ignorant question on my part as I'm sure you had circumstances which required it but, was there any reason you couldn't have left a day later and arrived the day after your anniversary?

By the way, thanks to all those posting their POE experiences!

AussieDude

As meauxna has pointed out, the green card is also known as the I-551. The little blurb at the bottom of the visa basically means "This visa serves as your temporary green card for one year after entry". During that year, your actual green card is supposed to arrive.

AussieDude

Here's my shot at a guess at timelines once petition is filed.

3-5 weeks to do everything in packet 3

3-4 weeks to an interview date once you have finished everything in packet 3.

You might be able to streamline it a little, and overlap it, but with the new way of the DCF, I'd say at least 4 weeks after the petition, and that's still pushing it.

Personally, I think doing DCF is much better than any other method, and I'd do whatever process the Sydney consulate asked me to follow. Even if it took 8 weeks, worst case scenario, that's a hell of a lot faster than K3 or IR1/CR1.

As for your earlier question, you can leave as soon as the petition is filed and your husband can take care of the rest. You can be in Sydney for just a week if you want to head back (Just make sure the consulate is open on that particular Thursday!)

AussieDude

Hi Vylex,

Here are a few pointers. As Mel has pointed out, as long as there is no immigration intent, you can get married at either location, in fact you can marry anywhere in the world, that makes no difference to the process, as long as you can show some official paperwork about the validity of your marriage (license, certificate etc).

If you decide to marry in the US, I advise your fiancee be cautious. If they do suspect immigration intent, they may deny her. A good idea might be for her to bring some evidence of ties to Australia that will indeed make her go back, for example a letter from her Australian employer, proof of significant assets in Australia such as a house etc.

Doing your marriage in Australia might be easier if that is an option, immigration wise there is no special visa needed to get married even if you are marrying an Australian, as long as you don't plan on staying here.

A few words of caution, and I advise you look through some of these posts as I'm sure you have. The petitioning process is slightly different now than before June. As you have pointed out, you now have to be married before you can file the petition and subsequently you will receive packet 3. So the steps are:

1. Marriage

2. Petition

3. Receive Packet 3

Whereas previously you could receive packet 3 before the marriage and complete everything in it before the marriage, it is now slightly different. My caution is that to complete all the things in packet 3 may take a few weeks. Doing the police report and getting the medical, getting the birth certificate and so forth. If your fiancee is from Sydney, she may be able to get it all done in the space of 3-4 weeks. If you want to be able to head back together, just be aware of this time period. If you don't mind her coming to the US a little bit after you, then you personally can go back after you file the petition.

I myself prefer that we were both present at both my partner's petition interview and my partner at my visa interview. Its not required, but I felt it made things easier.

Good luck, see how you do, and ask us questions and we'll help if we can!

AussieDude

Thanks all

I'm still confused as it was the woman in the Police Check division who said they don't do this anymore, and that they told the Consulate but they mustn't have passed this on to visa applicants. I thought I could just submit the form to them anyway by mail, but I'm worried if I do that, after being told not to, that they just won't process it.

NCBABE, just out of interest, when did you submit your AFP form? I'm curious how long it's going to take if I have to do it that way.

Sorry about the multiple posts, but I just thought of something else. I have to wait a month to get my fingerprints taken in Melbourne, but I'm going to be in Sydney later in the month, so perhaps I can just have them taken by the NSW police, and then send in my form with them to Melbourne. Can those of you from Sydney tell me if you had to make an appointment for this -- I also seem to recall some stations were better than others??

thanks for your help!

I did mine at the local police station for our area in Sydney. They ask whether you live in that area before they will do it for you, but it might be a bit tough. You could try having a chat to Criminal Records Section in Parramatta by phone (02) 8835 7888.

Let me know how it goes.

AussieDude

Hey VJ'ers

Well I guess you's want to know what happened at the consulate today. Well it goes like this, WE GOT APPROVED !!!! We pick up Mick's Visa tomorrow and fly back home early next week. We do have to give a big thankyou to all the people on this site who helped us, you's have no idea how much easier it made it for us. If we can help anyone please feel free to ask.

Thank's again

Trish and Mick

Congratulations guys, that is awesome! I hope your passage through the Port Of Entry is painless as well. How was his interview by the way, the same type of questions as your petition day, any special kind of relationship evidence they requested?

AussieDude

I wonder if anyone can help me with this.

I just called to make an appointment to have fingerprints taken for my Victoria Police Check. They told me that they no longer do police checks for immigrant visa applications, and they haven't done this for months, despite what the US Consulate says. They told me that I need to obtain a federal police check instead.

I asked the Consulate about it last week, and they told me I should get a Victorian check done. So I'm not quite sure what to do. Has anyone else encountered this contradiction??

I think, for whatever reason, local police stations are never up to date about background checks. I faced some issues in NSW, because at the local police station they weren't sure about what I was asking for, and I had difficulty explaining it to them.

Here are two suggestions to chase down what is going on:

1. Check the Victorian police website, see if they have any instructions there

2. The Victorian Police HQ, like the NSW Police HQ should have a section specifically dealing with Record/Checks etc, you could ring them up and ask.

AussieDude