theanswerisdance

59 minutes ago, f f said:

is ending your vacation a day early and a 2 5 hour car ride too much to ask you to do for a greencard? the vacation is really worth more than getting residency? more so the vacation is voluntary and you have already proved to them you know you have the letter so you would have a very hard time trying to get sympathy from them if your not able to get them done.

The part that confuses me is why it has to be either or? If OP has already received the letter and already knows they will be away for the appointment, just reschedule. The 2.5 hour drive at a later, rescheduled date seems much less of an inconvenience/let down/stressor than having to adjust the long-awaited travel plans. If walk-in prior to the trip does not work then waiting to try in Seattle -- at which point it'll be too late to send the notice back to reschedule if doing this fails -- seems so unnecessarily stressful. But that's just me. 

2 minutes ago, cheesecake_A+J said:

I received my NOA1 today! It's dated July 24th. I also got my  new passport in the mail today. It is nice receiving important documents in the mail and not only bills and junk mail.

 

For those who already got their biometrics appointment, how many days after receiving your NOA1 did you receive your letter for your biometrics appointment? Thank you and have a great weekend, everyone! 

NOA received 07/14/17
Biometrics letter received 07/22/14
 

So just over a week!

If you go into the Removing Conditions forum you can check out the July 2016 I-751 Filers thread to see that virtually everyone is in the same boat right now. Currently the I-751 processing times are over 12 months. So you are definitely not alone! If he needs proof of status for work/travel he can make an INFOPASS appointment to get an I-551 stamp in his passport to replace his expired GC and almost expired extension letter. However, his status does not change or expire just because the processing is taking longer than a year. Best of luck! I'm a July 2017 filer so I will be almost exactly a year behind your timeline unless something changes administratively between now and next year.  

1 minute ago, Alexia Taisson said:

 

Thank you so much ! It makes so much sense because the officer had no clue on how to process my K1 entry either... He asked someone what he needed to do and that person just said "make sure she's legit" lol. I really hope I don't have to fill that form you just posted, there's a 445$ fee  That would be an expensive price to pay for someone else's mistake

Yes it would! I hope yours is a simple correction too. Maybe you could try some of those most common mistakes on the I-94 database to see if you get lucky. I.e. Type your first name twice or last name twice or if people commonly make spelling errors in either name then try those. It can't hurt!

I had this happen to me because I entered at a POE where they were absolutely clueless how to process a K-1 entry. I waited a few days and it still wasn't showing up so I went to the CBP office at the international airport in my new city. Originally the officer thought I'd have to file the below form for an initial I-94 since I didn't have one, but after some digging he found out that it wasn't showing online when I entered my details because the POE officers had logged my last name twice (so to use a fake name example, instead of my last name being Jones in the system, it was entered as JonesJones). They're able to do corrections at the airport CBP offices IF it's a CBP error (and not an error on the USCIS end), so he fixed it and printed me a paper copy and I was able to see it online as soon as I got home. 

So hopefully it's a spelling error on your end, if not, this is the form I was directed to and would have had to fill out had he not figured out the real issue. https://www.uscis.gov/i-102

1 minute ago, danie82 said:

If they do deny the K1 Visa does that mean things are done and they can't come in at all?  Or can you still apply for the other VISA?

It means you're done with the K-1. You can go get married elsewhere and then file a new application for the CR-1.

5 minutes ago, tdotca said:

the 1800 375 5283 says M-F 8 to 6pm .. what time zone is that?  

 

I can't recall but my hubby thinks that  with the 1st part of the K1 process you were able to sign up for email notifications.. is  that option available in this ROC step?

 

Sorry for all the postings but I am stressing! 

I thought those were their hours in each time zone. So if you live on the east coast, it would be 8am-6pm EST, if you live on the west coast it would be 8am-6pm PST, etc. 

Once you get your biometrics notice you can use the receipt number on that (not the one on your NOA, they're two different numbers) to check your case status. If you have or make a profile on USCIS, you can add this case to your list of My Cases. What I did notice though is that when you add it to My Cases, you have to manually turn on mobile and e-mail notifications for the case, it doesn't do it by default. How often they actually send text/e-mail updates, I don't actually know. It would be nice if it was frequent. 

4 minutes ago, Asmae said:

The problem is I'm already back in the states preparing to send everything off.  Neither of us knew that we should have gotten married there. We were with the understanding that we had to be engaged before filing the k1.  

Engaged, yes. For example, many people send a copy of the receipt for the purchase of the engagement ring (I know we did as part of our evidence). But when there is a ceremony with all of the features of a wedding, or even when a couple are both wearing rings in pictures, dressed in corresponding outfits that could imply bride-and-groom clothing, having a formal party, etc. that can insinuate more than just engagement. I guess the best way to think of it is: a USCIS officer reviewing your case can't know for sure that you aren't seen as already married in the eyes of a foreign culture. In many countries, couples who go through a ceremony like the one you described are viewed in their culture as married from that point on, irrespective of legal paperwork. I know of a case in which the couple was warned ahead of time not to risk having an engagement ceremony, but they decided not to heed warnings and did it anyway, convinced that by locking down their social media, not posting photos, not sending any pictures with their evidence package of the ceremony, etc., they could hide it from USCIS. When the beneficiary went for her interview, the officer pulled out photos of their ceremony from his file -- photos that they were sure USCIS never knew about. She had no idea how the officer got hold of the photos. Needless to say, she was denied. We assume USCIS doesn't have their ways of finding these things out, but obviously they do.

There is nothing to stop you from going ahead and filing for the K-1. You could get lucky as some have and be approved. Or you could get unlucky as some have and be denied. It's more a question of how much are you willing to risk if the chances are high that you will get denied? The filing fee for the I-129F is $535 that will not be refunded if you get denied, plus the time you'll have lost in waiting for a decision to be made on the I-129F if you find yourself back at square one. But the general consensus among previous examples here on VJ of this specific topic is A) Refrain from any type of ceremony that could imply marriage has already occurred (legally or culturally) or B) If you have already gone through said ceremony, as in your situation, wait until you can go visit next and get married there, then opt for a spousal visa instead. I know you just got back, but unfortunately these are the obstacles of the immigration process...sometimes you get caught between a rock and a hard place and neither option sounds quite ideal.

8 minutes ago, tdotca said:

Thank for the answer. 

 

Have you tried calling 800 375 5283 and going through the prompts like Kensia_O detailed? How long does it take for someone to answer??!! 

 

I have not called the number. Similarly to you, I knew I was going to be away for when my biometrics would probably be scheduled, but had nobody here who could check my mail for me, so I just delayed submitting the I-751 entirely until I got back. My biometrics are scheduled for 08/04.

17 minutes ago, tdotca said:

 

Hi All, 

I 751 mailed jul 19 ( calfornia) 
uscis received jul 21
check cashed jul 25
i797 received jul 27 (dated jul 21)

 

I have updated the spreadsheet. 

 

If we are going by recent averages, I should be getting my bio metric appointment letter late next week when I am away. Regardless of when people sent in their I751 and received their I797, bio appts are aug 1/2 or so and that is what I am worrying alot .

 

The reason I filed around this time , the previous  averages was that my biometric appt would be after I returned! NOW it seems that my appt might be after the 4th when I am not here.  Does anyone know if I can call and reschedule? If so, I 'd presume that the appt letter has a number to call ?!

 

Can I call and ask if they have me scheduled as yet? 

You can call and reschedule once you've received the notice, there's a box you can tick on the appointment letter and mail it back for a new date. Is there anyone who can check your mail for you while you're away? Re-scheduling doesn't require your signature so if the letter doesn't arrive until you're gone then your spouse or a relative or friend could mail it back for you. I don't know that you can call ahead and re-schedule before you have received your originally scheduled date is, though.

Alternatively, if you get the appointment notice before you go away, you can try and do walk-in biometrics on an earlier date than the one you're scheduled for. It's not guaranteed and it varies from ASC to ASC whether you will be allowed to walk-in, but that could be another option.

A few stories re: cultural ceremonies and K-1 denials:

11 minutes ago, Asmae said:

Really?  Yes it was very formal, dresses, exchanging rings, dj, dancing, family.  The 129f said we needed pictures of engagement ceremony, so he did a huge one.  What do we do in this instance.

I believe the I-129F only asks for proof of ongoing relationship. At this point, you would honestly be better to get married legally and then apply for a CR-1 visa. The wait time has generally been longer but the process is much cheaper as you don't have to file for Adjustment of Status once your spouse enters the States on their visa, and they can work immediately upon arrival. 

If you do a search of the K-1 forum here you will find a lot of stories of people who have spent the money on the K-1 process only to have their application denied, for having much less of an elaborate ceremony or party than what you're describing here, which sounds very much like a full wedding (just without any legal paperwork signed). That's why it's recommended that if you're going to the K-1 route and want to have a ceremony or party in the beneficiary's home country, you wait until after you have gotten married in the U.S. and gotten the conditional Green Card. Then you can always go have a party there, if the beneficiary's loved ones are unable to travel to the U.S. for the legal wedding. From the perspective of USCIS, whether the occasion had any "legality" to it is irrelevant -- cultural ceremonies of any kind are enough proof for them to deem you "too married" for the K-1.  

There is a CR-1 guide similar to the K-1 guide referenced above that might be helpful to you:

http://www.visajourney.com/content/i130guide1

Best of luck!

27 minutes ago, Asmae said:

I just got back from Morocco after meeting my fiance and family and doing a formal engagement.  We both filled out the 129f form together and got all required documents in both sides.  Is it necessary to get an attorney to file the k1 or should we attempt it by ourselves? Help please.

Another vote for do-it-yourself! Totally manageable! Just wanted to add though, I'm not sure what you mean by "formal engagement" or what that looks like in Morocco, but be cautioned that many, MANY people have experienced denials of their K1 petition for having anything that resembles an engagement or wedding ceremony. They can judge you as "too married" to qualify for a fiancé visa, even though you are not "legally" married yet. So when you submit your evidence of relationship with your petition, just be careful that you don't submit anything that could give them the impression that you already held any kind of formal ceremony or cultural procedure.

31 minutes ago, Parkers27910 said:

I apologize in advance if this is a ridiculous question, but I'm hoping someone can help with some clarity! I have read a lot of panicky type of posts on this thread with regards to how long applications are taking to process. As I've read that once we receive the NOA form, the green card is temporarily extended for a year, I'm confused with how the processing time to have the conditions removed could hurt us if we already have the temp extension? What are the drawbacks (what can't we do while this is processing) to it taking so long?

 

Thanks!!!

 

 

I can't speak for anybody else but for me personally it's the simple fact that we are once again in limbo for a year...i.e. a lot of people have to renew their driver's licenses and can only renew them for one year, then if in a year's time they STILL haven't issued us our 10-year green cards people have to make INFOPASS appointments, get stamps in passports, surrender the 2-year green card in order to get said stamps which can cause some anxiety to hand over the only green card you have and be left with nothing. In the meantime there's the stress of traveling on an extension letter that not all airline officials recognize or believe is a legitimate travel document, worrying that you might get an RFE sometime in the next 12 months, wondering if you'll get called for an interview, etc. etc. etc. Yeah, our status remains legal, but when we've all paid so much money to USCIS just to have them once again drag out an administrative process...I think that stresses out a lot of people who just want to be DONE with USCIS for a while. Especially when we've all already adjusted status two years ago and been investigated thoroughly...I don't understand why that took 1/4 of the time this will! Nothing to be done about it of course, but I can understand the frustration. 🙂

I don't know if this is still the case but (in Canada, anyway) DHL/Loomis had this terrifying policy at the time I got my K1 of opening your package in front of you when you came to pick it up, rather than just giving it to you to take home. Considering your passport with the new visa and that priceless "DO NOT OPEN" envelope are both inside, it is incredibly unnerving to watch a complete stranger take a knife to YOUR parcel that you have probably shed blood, sweat, tears and a lot of money over! 😬

43 minutes ago, CubaAndChill said:

 

Umm... Cuba DOES stamp passports. I've went a couple of times (from the US) on family visits and each time they stamped my passport and my visa...

Maybe that's the difference? My Canadian passport has never been stamped traveling direct from Canada to Cuba. I have a lot of friends who travel there from other countries aside from the U.S. or Canada and have never transited through the U.S., and theirs have never been stamped either. 

2 minutes ago, Parkers27910 said:

#######... just got back from vacation to some bad news... somehow, in my countless hours of compiling paperwork and feeling like I sorted through 50 million pages to send a perfect packet, my package was returned in the mail to me because I wrote the check out for $5 short  No clue how I could have possibly done this, but my hubbys visa expires on 7/30. I sent it back out today overnight, but we could really use some prayers on this. I'm so afraid it's not going to get processed in time  

Oh no! It could happen to any of us. You spend so much time checking and re-checking every single line of every single document that sometimes it's easy to miss the most obvious things. I remember panicking at one stage after mailing a packet because I was convinced I had forgotten to put our specific apartment number in the address line on the forms (it turned out I hadn't forgotten but I was dead sure I had). Are you filing through CSC or VSC? 

6 minutes ago, Anna51 said:

Hello everyone,

 

I'm about to mail out my I-751 (joint petition with my husband). Is it necessary to write "Attention: Petition to Remove Conditions of Status" on the envelope or not? If yes, should I write it above or below the address? I'm sending the package with USPS Priority to California Service Center btw.

 

Thank you!

We didn't put any special designation on the address because it didn't say to on the USCIS filing instructions. We got our NOA and biometrics just fine. 

OP, another thing I just remembered about CA DMV: if you go in before you have the EAD and try to get a license with your valid I-94, they may issue it to you with an expiry date of the I-94, but they absolutely won't issue it if your I-94 has less than 30 days remaining on it. So if you try the I-94 route, do it right away as you won't be able to in the last month. 

48 minutes ago, NYCruiser said:

 

................saving grace. NY DMV has appointment slots that you can select times. Surprise, they see you within 5 minutes of that time. Hope this is the case with CA?

That sounds so nice!! Here in CA you can make an appointment too, but you're still going to wait 30 minutes (at least) before you actually get to speak to someone. And you have to check in for your appointment first, and sometimes the check-in line for appointments is longer than the walk-in line! So crazy. I never understood complaints about the DMV till I moved here...I was always like, "what's the big deal? I have to go renew my license in Canada or renew my car registration at the registry and it's not that painful." HA!

Based on what you and others have said about the timeline of repeatedly renewing licenses, though, it looks like after all my troubles I did get lucky with one fluke. When I got my CA license in 2015, using military ID and before I ever received my EAD or GC, they set the expiry date for my birthday...in 2020! I've heard a lot of people have to go in with their extension letter from ROC and get a one-year renewal of their license so I am counting my blessings that this is one less thing I have to deal with. I've had enough of the CA DMV to last a lifetime!!

1 hour ago, FrancesTaber said:

Hi Everyone, 

 

I hope this post finds its way to anyone who has information on this topic. I am a Canadian citizen, I became a conditional permanent resident in February 2016 (based on a K-1). My husband is a dual citizen of the United States and Canada, he was born in Canada and became a citizen through his parents naturalization around age 16. My Canadian citizen parents have planned a Christmas trip to Cuba (flying Toronto -> Varadero). We had planned to join them and did not foresee any issues until the recent announcement of the return of travel restrictions. Given that we both hold Canadian passports, we can legally from Toronto on our Canadian passports regardless of how the rules for US citizens shake out in the coming months. However, I am wondering if this will in any way effect my removal of conditions or citizenship paperwork in the coming years. I am particularly concerned the citizenship paperwork as I know it asks for recent travel information and which countries you have visited. 

 

I plan to reach out to an immigration attorney this week, however I just thought I would see if anyone has experience with this. 

 

Thank you so much! 

 

Frances

I hope you get an answer to your question about you personally as I am curious about this as well! However, on a related note (since your husband is dual), I've been researching specifically this issue and have been surprised to find that the consensus on traveling to Cuba as a dual Canadian/American citizen is that despite the fact that your husband is Canadian, the U.S. considers him only American for their purposes because they do not recognize dual citizenship, and therefore, under U.S. law, he still cannot travel to (well, technically, spend money in) Cuba. I hadn't even thought about this before, but I am considering getting my U.S. citizenship next year before we move back to Canada permanently where my American husband will be getting his Canadian citizenship. We've said all along that a trip to Cuba would be a great way to celebrate him getting his Canadian citizenship. So, like you, I figured once we were both dual citizens, it wouldn't matter because we'd just travel direct from Canada on our Canadian passports. However, everybody I've talked to and everything I've read has said that in the eyes of the U.S. that wouldn't matter...if they found out. Cuba doesn't stamp passports, and even if they stamped your Canadian one, you would never be flying into the U.S. on your Canadian passport again once you're a U.S. citizen. In other words, it's not likely that the U.S. government would find out about your travels there, but on the off-chance they did, for any reason, you'd be subject to the same fines ($250,000?) as any other American, because America only considers you American, not dual/Canadian. So, just a cautionary thing to consider...one of the many reasons I'm not so keen on getting U.S. citizenship...

6 minutes ago, Jervie said:

Thank you Kul and theanswer for fast reply,

 

1) I got my i-94. Country of Issuance was the problem, since I lived in Italy and got my passport there, I thought it would have been Italy, instead it was my nationality.

 

2) It is marked complete. 

 

3) I've read the 90 days validity, I'll get it anyway since here where I am you can't get anywhere without a DL unless you're willing to wait long for buses or spend tons of money for uber.

 

Thank you again, I was having a headache to find some info for days.

To clarify for the 90 day validity thing, you can *try* to get it with the visa in your passport, but there is no guarantee they will issue it. Technically, that visa expired the minute you entered the U.S. on it, so wiser DMV employees recognize that the "expires on" date means nothing because you're already in country now. Make sure you have your SSN first if you try to go in with that. Other people have tried a combo of SSN and I-94. But honestly, the CA DMV is such a gong show that it really is luck of the draw whether they'll even allow you to get the temporary license with any of those documents. Be prepared to get denied and have to wait for the EAD...that way if you get a temporary one issued earlier then it'll be a pleasant surprise. 

23 minutes ago, Jervie said:

 

 

3) DL California State: If you know any information about the driving license in California, will the DMV accept my SSN, passport and marriage certificate to take the license or they need my Green Card?

 

 

The California DMV was the worst part of my entire immigration experience -- it made dealing with USCIS seem like a walk in the park! I have read a handful of cases where people got lucky, either with nice DMV employees or clueless ones, and those people were able to get their CA driver's licenses by showing the visa in their passport and the DMV would issue a temporary license set to expire the day that their visa expired (so if you came in on a K1, it would be at the end of the 90 day validity period). But in general, they will not issue your driver's license until they have proof of your immigration status/residency, and SSN doesn't count. They do usually accept the EAD though, rather than making you wait till you have the Green Card, so make sure you file AOS right away so you can get the EAD asap.

Alternatively, if your spouse is in the U.S. Military and you have a dependent ID card, you can get it early that way too. I went in before I had either EAD or GC and said my husband was being deployed on orders (which he was) and that I needed a license to be able to get around, get groceries, go to the doctor while he was gone. After being denied on three occasions by different staff who refused to get me a supervisor when I showed them my military ID, I went in a fourth time and managed to see one and she asked to see my military ID. When I showed her she was like, "Well that's all we needed to see, why didn't you just show this when you came in on previous occasions?" and issued me my license. *bangs head against wall*

2 hours ago, qbie said:

Greetings, 

 

I wonder if anyone has run into the following, and whether you have any ideas or suggestions.  

 

We mailed our completed form I-751 and supporting material to the USCIS-published filing address -- in Laguna Nigel, California -- for our location.  We sent our material to the P.O. Box 10751 address, as directed.  

 

We used USPS.  We used three-day priority mail with delivery tracking.  

 

I photographed the envelope.  The address was legibly and correctly shown on the envelope.

 

According to USPS, the item arrived at the post office in Laguna Niguel; shortly thereafter, it was designated "Return to Sender" as undeliverable.  

 

I called USCIS to confirm the address, and confirmed that it was correct.  I then called a USPS representative, who could not explain why the item went undelivered.

 

What the Kafka?  

 

Any suggestions on what we should do differently at this point?  

 

Thanks for your kind attention and feedback.

 

William

That sucks to hear that happened to you guys  is there a way you can upload that photo you took of the envelope (just the "TO" address part) so we can see if it looks any different from what the rest of us have written? But I wouldn't be surprised if it was a USPS error. They recently messed up big time with us too, fortunately not with USCIS mail but with some other important documents, and they were of absolutely no help when we called to get an explanation!