sccrsurfer

3 hours ago, yuna628 said:

Where in the process is the OP? His first post says the RFE is for AOS, yet this is posted in the ROC forum. Which is it?

 

If it is ROC, the OP would certainly have to send in tax transcripts, that is required anyway. If they haven't sent many bank statements... this would also be a huge factor. Anything that shows co-mingling would also be important. Wills would also be good too.

I submitted for a RoC, and now I have an RFE. 

I sent almost all financial docs except for my life insurance beneficiary statement and my tax returns.

I will have to send the former, and much more of the latter, it seems. 

19 minutes ago, Redheadguy03 said:

What if the wife doesn't drive? That's somewhat common because mine doesn't. Some countries people don't drive too much or they have public transportation. Also, lots of utility companies won't list both names. (mine doesn't) 

Shes on the car insurance.....I think. I think I'm listed as policy owner and she isnt listed as shes already considered covered because of spousal relations. I will have to check on that.

19 hours ago, Scandi said:

It has been well over a year since you provided them proof, you should have much more by now (new bank statements etc). They want to see that you're still bonafide, not just back when you filed, over a year ago. Also add new stuff, like letters in both your names, utility bills in both named, both your state IDs/drivers license that shows the same address, insurances of various kinds etc.

 

I have a feeling it'll be the same with ROC, even if you send great proof when you file, they might still request more once they pick up your file as it has been so long since they received it. It has to be on-going.

Great feedback. Thank you!

18 hours ago, Pitaya said:

I can certainly empathize with your apparent frustration with and RFE with the ROC petition part of the process. We ran into the same thing a few years ago. The initial submission weighed in at six pounds of paper, and that wasn't enough. They snagged us for more marriage bonafides. So, where I had sent in comprehensive quarterly financial records, I sent in a copy of every blasted month. I eventually sent them another copy of everything that I had previously sent them with the AOS process and a WHOLE lot more. I was at the point that if I could have posted them the kitchen sink, it would have been boxed up and sent....The one piece of evidence that included with the supplemental RFE response packet, were copies of our newly-prepared wills,  powers of attorney, living wills, etc. This was on the advice of my old VJ buddy T-bone. We got the wills done through legalzoom.com. It was pretty painless, deciding on what we wanted, then going through their online interview process, they hand-held us through the entire process, including what WA-state specific requirements we had to complete to put the package together. If I recall correctly they cost around $400. In hindsight, it was good for the ROC process and, more importantly, very useful for our ongoing life together. So, the supplemental RFE response packet weighed in at almost 4 pounds. Bottom line is that  our ROC petition was approved. 

 

Hang in there and just give everything they want in spades......

 

Good luck on your immigration journey.

Very good advice. I will submit documents for each year of marriage. Maybe my mistake was submitting one year, which is a limited snapshot when reviewing immigration based on marriage. 

2 minutes ago, Jorgedig said:

I get it.  And it sucks.  Best wishes for successfully overcoming the RFE.  What country is your wife from?

France. 

Another user mentioned sending docs for each year of marriage.  I think that could be helpful.  It's just too easy to be cynical when the RFE literally used as examples every one of the documents I already sent as evidence to establish proof of a bonafide marriage.  Requesting more info is one thing.  Requesting more of the same, then telling me not to submit the same, is a mind numbing paradox.

It is the paperwork version of the scene in Supertroopers when they keep yelling at the guys to pull over and he responds "but we're already pulled over!"  I feel like that guy, minus the copious amounts of mind-altering substances.  :) 

 

 

 

 

 

1

25 minutes ago, Georgia16 said:

insurance stuff car, house, life and so on

Most of this is handled by me, as I imagine it is in at least some other households.  I handle certain things and she does others.  The cars are in my name, but she is listed in life insurance and car insurance. 

And no, I haven't sent docs for every year since marriage.  Only the most recent at the time of application.  That could be a valuable bit of advice I didn't think.  I was taking the RFE a bit cynically for the simple reason that it was essentially requesting what we've already submitted.  Sending those same docs for each year I think would be much more helpful in establishing proof of a bonafide marriage.  Thanks!

8 minutes ago, Jorgedig said:

That is the essence of immigration.  Haven't you already provided those, when you sponsored her?

Point taken, to an extent.  We've been sending and filling out paperwork for this during the K1 days in 2013 when we started everything.  I can't actually recall every doc we've sent.  But I make a serious point of being thorough and haven't had an RFE till now.  A joint bank account is already proving 'financial entanglement,' if you will, not to mention everything else that was sent. 

It is what it is, and I'll have to cough up some more docs. 

As I mentioned, part of the intention here was to rant.  

After 1 year and 3 months from filing our AoS, I get an RFE to provide further evidence of a bonafide marriage.  Yet I'm confused.  We've literally submitted everything that would be considered major proof of having a life together.

Here is what we sent: 

* Signed lease

* Joint bank account statements

* Join CC statements

* Child birth certificate

* Photos

The RFE acknowledges that we've sent these things.  Then it goes onto suggest that what we've isn't enough to prove a marriage, and then lists the following documents we can send for evidence: 

* Signed lease

* Joint bank account statements

* Join CC statements

* Child birth certificate

* Photos

Yes.  It is an exact repeat.  No, I'm not joking.  Maybe the service center has a sense of humor?  

I can send a few insurance docs, life insurance with my wife (she is the immigrant, I am the USC) as the beneficiary, and our deed to the home we literally just bought.  But that's about it for 'hard proof' docs.  Other than that I can submit more photos.  I guess we can send a tax return.  That's an awful lot of private information to be sending them.  Letters from family and friends? 

Whats odd is that we submitted exactly what they are requesting.  And the RFE specifically mentions not to re-send any documents previously submitted.  

This post is partly a rant. But seriously, what am I missing here that could have prompted this?  

Looking to travel 1 month before my 2 year GC expires.  I have not yet filed for removal of conditions because we've been incredibly busy (moving, new work, etc..) but I plan to immediately after we return.  We would return 3 weeks before the GC expires.  Is there any issue with this?  I know with Passports for instance, you can't travel to certain countries if expires within 6 months.  Is there a similar rule for Green Cards?

Thank you for the responses. I didn't know it could take that long. These are practical bits of knowledge that are very helpful.

We apply for the ROC January 2018. 

Assuming we weren't in a rush for her citizenship, after she receives her ROC, is there any danger in her GC being revoked if we have a re-entry permit and came back in less than 2 years?

We know for a fact we wouldn't be taking trips this long again for a while. It's not a normal circumstance to begin with. We are ok with citizenship being delayed, we are not ok with opportunity being thrown out or our family being separated. 

There re is a vagueness about these policies that I'm trying to clarify for myself. Even with the < 2 year trip and a re-entry permit, can she still face complications aside from her continuous residency being interrupted? 

By naturalized do you mean waiting until she is a US citizen, or simply waiting until she gets her 10 year GC?  To be clear, we are going to wait until she gets her 10 year GC.  

The reason we aren't keen on waiting is because of when our children would start school.  So there's a timing issue outside of the immigration process that isn't up to us.  We could wait maybe one more year, but that would be it. 

Bump, especially for questions 3 and 4. 

13 hours ago, A'n'L said:

If you plan to be outside the US more than inside during a period of more than a year, your spouse will need a re-entry permit. The maximum validity of such a permit is two years, but no longer than the validity of the persons conditional GC. Long and frequent stays abroad will affect the time until your spouse is eligible to file for naturalization.

She will have the conditions removed and the 10 year GC by the time we leave.  

So a re-entry permit is the way to go.  Has anyone been away and temporarily resided outside the country 'just because' for >1 year <2 years and used the re-entry permit to support their continued residency?  

I'm just curious what the experience was like.  This would be more clear cut for me if we were going for an employment situation, but can we travel outside the US for this length of time 'just because'?

Hi Everyone!

I have two questions. 

Back story: 

My wife has the 2 year GC with conditions from a successful filing of a K1 visa, then adjustment of status.  We are in a position to travel abroad for 2-4 years and would like to take full advantage of it!  This would also include traveling back to the US for several months at a time at each 12 month period.  However, we are worried that this may seem as though she's abandoned her intent to pursue permanent residency, and ultimately citizenship in the USA.  She fully intends to stay here.  There's no extenuating circumstance or situation beyond our control taking us out of the country.  We've just acquired the time and means to travel for this length of time.  We don't foresee another opportunity to do this type of thing again until we're retired.  We'd like to have stability for the children as much as possible, and stay 'grounded' in the US once they begin school.

1) We own property, plan on filing US taxes, etc... do we need to do anything else?  Can we just explain to an immigration officer what we explained above?  Sorry if that sounds naive, but we honestly don't plan on establishing residence outside of the US.  It'd be silly to lose an opportunity like this without fully vetting our possibilities. 

2) What if this extended travel includes a US territory?  So for example, what if we lived in USVI or Puerto Rico for 2  years, would this be considered leaving the US?  I mean, it is a US territory, but I know there can be small stipulations that need to be taken into consideration.  

No. We haven't gotten anything. Last thing we got was an RFE due on December 22nd. We sent it the first week of December. Still haven't heard anything. The online "status update" shows the exact same thing it did in January 2015 when we submitted our AOS.

We received an RFE asking for a copy of the birth certificate from the country where my wife was born. She was born in one country and moved with her parents to France shortly after, when she was a girl. At any rate, we contacted the government for a birth certificate and they gave us a 'copy of the act of birth.' The rep even said it has all the same info, and even asked if this was for the US immigration form i485, so I would guess this person has seen this request before. She didn't mention the reason for needing it to anyone, so it was interesting that this government rep brought it up.

Does anyone have experience using a 'copy of the act of birth' instead of a 'birth certificate?'

We received an RFE asking for a copy of the birth certificate from her country of birth. She was born in another country before her family moved to France shortly after, so we didn't even think about in our filing process. We requested one from the government and we got a document called "Act of Birth." They also have a birth certificate document in their foray of documents, but said it has the same information and should be good enough for immigration purposes, and even specifically asked if it was for the i485.

Anyone else use a "Copy of the Act of Birth" instead of the "Birth Certificate?"

Do they have to be US based though?

We need to get a birth certificate for my wife's RFE. It's not in English and needs to be translated.

Can I have someone in the foreign country translate the document or does it have to be a certified translator here in the US? Do we even need a certified translator, or can it be just someone we know who has fluency in both English and the foreign language?

Thanks.

Every state is different. In IL, my wife was able to get her Driver's License after receiving her EAD and NOA. We got her SS card shortly after filing as well. This was all in between January - May of 2015.

You're good to go. I didn't file for aos until April and we got married June 2014... I had no issues!!

Have fun in Canada!

Have fun we did! I'm the US citizen and it was my first time in Canada. I'm mad at myself for never having been before. We went to Montreal, and it is our favorite city in North America. This isn't a travel forum, so I'll stop there, but man o man did we love it.

For all other folks having the same trouble I did interpreting the 512L document: We had no issues. All is good, and we're back home in the States.

I also didn't realize that Customs checkpoint for flights going into the US from Canada is IN Canada, not at the destination airport. I actually liked that better. It felt like part of the check-in process. When we arrived at the destination airport, we just got our bags and went home. We we're celebrating our 1 year and it went just fine.

Thanks guys.

Thank you so much guys.

When do we present the document in our travel - when we depart and/or when we return? And to whom?

So we got the AP back in August 2015. It is vaild until August 2016.

We had a trip planned for Canada and I thought all was honkey dorey and good to go. Then I start seeing things like 'if your spouse overstayed before applying for the AOS' then it isn't valid and she'll be denied re-entry? Why then would they even give us this 'approved' document to travel if it's rigged?

What really confuses me is the overstay stipulations. Isn't the point of the AP for someone to travel while they are in AOS, and assumed that they have technically overstayed in the US?

From the USCIS website: "Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status"

Obviously we are past her i94 'admit until' date. So I dont really understand this language or what it is supposed to mean.

I thought we we're good to go, but we might have to cancel our plans tomorrow 10/21/2015. This was a trip for leisure. I've read about honeymooners using it, and didn't think it'd be so complicated. Can we use this or not? She doesn't have the GC yet.

Please help!

My wife received an RFE for a copy of her original birth certificate from her country of birth.

My wife was born in Armenia, but is a citizen of France.

They don't have an online/mail request process, so we'd either have to:

1) apply for a copy at the consulate/embassy in Glendale, CA or Washington DC (we live in the midwest) -- this would take 3 months, not acceptable

2) fly to Armenia, or give someone the power of attorney to request the birth certificate. We don't really know anyone there.

3) We have her actual original birth certificate. Can we literally just make a copy of this and have it translated?

Also a question about translating. Does the translation have to be notarized an actual notary? It says it needs to be translated by someone else other than my wife or myself. That's fine because it's in Russian anyway. It was under Soviet control during her birth.

Anyone have experience with this? Can I simply make a copy of her actual original birth certificate with a copy machine at work and use that?

Thanks!

We just got an RFE saying that Brian's medical expired. He's got an appointment tomorrow to get the new sealed envelope to send back and I've been reading up on how they want this sent back. My question is, the letter came from an office in New York City, 26 Federal Plaza, Suite 8-800. That just seems odd to me because we live in New Jersey. I assumed our local Field Office, if we'd progressed this far, would be in Newark, NJ.

Also, any advice on how we can quickly get this back to them? Should I make an appointment and bring it in? Overnight mail it?

I want to send it return receipt requested and have them sign for it. I need to know they got it on time.

Did anyone answer your question about the appropriate mail-type? Im wondering if we can overnight our RFE as well (we have the exact same request). And literally we have to send it to the same place. Did you overnight the package?

It seems some members are more interested in forum protocol than helping answer the actual questions asked.

To moderators and members who are looking for duplicate threads, can you please include a link when you say there is a duplicate thread? This way we can add conversation to the main one that's been started. Also, when I google search a certain question, it's helpful to have answers in multiple threads. The SEO works that way since we all type queries into Google differently, and it will make the content on this forum more accessible and understandable by those seeking answers. From a query perspective, it's OK to have multiple threads with similar topics.

I found this:

Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ."