afrocraft

16 hours ago, geowrian said:

Edit: Just saw the year here, sorry. The probationary period appears to be within the 5 year's statuary period, so the 3 year rule is not suggested.

Huh? If s/he applies under the 5-year rule, the probation would fall within the 5-year SP, and the risk of denial increases.

1 hour ago, kiwirst said:

With that being said, what happens to applications that have something like mine within the 5 year SP period, do they get rejected more often than not? Do they have more issues?

It's difficult to say. Depends on the nature and severity of the incident, any extenuating factors that happened before the incident, and your overall conduct (not just DUI related) since the incident. Much is at the discretion of USCIS, but they apply that discretion in a structured way.

Again, if you file as a spouse of a US citizen, you are required to show good moral character in the last 3 years prior to filing, not 5.

2 hours ago, addy&julie said:

Its been 23 months (current processing time on uscis website is 16 - 21.5months) since we filed...Someone suggested to contact my representative or senator to check on my case but i just read that does not seem to move the needle...Also did some digging and found the USCIS ombudsman tool that they have to check on cases still pending after processing times have passed. I did biometrics in July 19 and the last update i have when i check my case is that on August 23, 2019 they updated my date of birth. Since then nothing....

Wow. Sorry for your pain. You really need to get more aggressive. Contact your Congressional reps immediately and ask for case assistance. It's not true that they just get a standard response. Mine shared the emails USCIS sent to them, and they were very helpful in getting a decision. Also initiate a complaint with the CIS Ombudsman at the same time. If citizenship is your goal and you qualify, apply for that as well. The fees are going up sharply next year anyways, and it forces USCIS to decide your I-751.

18 minutes ago, kiwirst said:

 If my application date is 12/1/2019 for example is that inside or outside the SP? Which application date is it? Permanent Resident or Naturalization?

If you assume USCIS will receive your application on 12/1/2019 (the filing date), your SP is 12/1/2016 to 12/1/2019 but play it safe and assume it begins, say, on 11/15/2016. Make sure, then, that you'd completed your probationary period by 11/15/2016, or delay your application.

5 hours ago, DaicarGal said:

I have a question though re health insurance, hoping that someone might have an answer. Both me and my husband are under Medi-Cal, low income. I do have support from

my sister. Removal of conditions just approved. Married for 3 years. Will that be a problem? Will I be denied because of that? 

No. The new public charge rules don't apply to permanent residents.

12 minutes ago, kiwirst said:

Exactly, what other evidence should I provide aside from I have to? Used to be pictures, records of vacations with family etc. I started a business this year, should I provide evidence that I did that?

You should review the criteria for the citizenship pathway you are applying for, then think about what evidence you need to show to prove your eligibility under each criterion. You can submit them with your application or take them with you to your interview. Start by reading the guide on this website.

1 minute ago, kiwirst said:

I've seen this quoted before, please explain clearly.

When does SP start?

Applying as a spouse of a US citizen. If my application date is 12/1/2019 for example is that inside or outside the SP? Which application date is it? Permanent Resident or Naturalization?

Then count back 3 calendar years from your filing date for naturalization (add a few weeks more -- earlier -- in case you miscalculate). The SP is the time from that date to the date USCIS receives your application. You want your record to be "clean" during that period. USCIS will still consider your conviction/probation outside the SP, but they weigh less than those within the SP.

As a general rule, you'd want your conviction and the entirety of your sentence/probationary period to fall outside of the "statutory period" for good moral character. The SP depends on your basis for filing for naturalization -- generally five years from your application date, or three years if you're applying on an accelerated basis (e.g., as a spouse of a US citizen).

3 minutes ago, YpsiFella said:

On-line vs mail?

 

Is one better.  I am thinking I should go online and it will maybe be quicker.  Thoughts please.

 

Thanks

 

Ed

Online. Easier for you, perhaps faster, but probably not by much. Good luck.

4 hours ago, kiwirst said:

I am not sure how much evidence I need to provide. Trying to find joint mortgage statements from when we first bought our house isn't the easiest for example. I want to ensure I provide the most I need but not waste hours looking for everything.

 

Also, I will be submitting a copy of my wife's certificate of naturalization as evidence, does this need to be certified?

Evidence of what exactly? 

The certificate of naturalization you have is fine; if she has a passport, a copy of the biodata page works too. Confirming her citizenship is pretty easy for USCIS.

On 11/7/2019 at 12:34 AM, #Brava said:

So, I’m supposed to be applying for my citizenship soon and I have a pretty complicated tax situation....We owe $30k to IRS because we weren’t able to pay our taxes since we lost all of our money....Is there any chance I can get my citizenship if I’m uncollectible? I tried to set up a payment plan but IRS is not accepting it due to our low income.

I'm sorry you didn't get a response to your question, and hope for the best in your financial struggles. Unfortunately, I don't have better news for you.

Per USCIS Policy Manual Chapter 5 Section M(2), your failure to pay the taxes you owe will likely be viewed as an "unlawful act" that prevents you from showing good moral character, and thus becoming a naturalized citizen until it is resolved. If you had an IRS-approved payment plan and can show other extenuating circumstances explaining how you got into debt with the IRS, you might have a chance. 

Cost recovery is the stated goal, so:

• N-400 fees to go from $640 to $1,170 (83% increase)
• "Weighted-average" fees across all applications going up 21%
• Effective date is unclear, but I assume Oct 1, 2020
   

Lay press report: https://www.cnn.com/2019/11/08/politics/asylum-fee-uscis/index.html

Press release: https://www.uscis.gov/news/news-releases/uscis-proposes-adjust-fees-meet-operational-needs

Proposed rule (technical): https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-24366.pdf?utm_source=federalregister.gov&utm_medium=email&utm_campaign=pi+subscription+mailing+list

16 minutes ago, StLouisSpain said:

I called USCIS service center to ask before submitting the application and they told me that I could do it online. I found that in the past to replace the card because of an error you couldn't do it online at all but now the option appears so I went ahead by the agent suggestion.

 

I was expecting that I would get a notification at some point to send it back. Hopefully the process has changed since you had to go through this. I have the receipt notice but TBH I don't really know where to send the card. To apply by mail you have to send it to AZ but now on the notice the service center is Potomac. Also my biometrics have been waived as I did them for the ROC.

 

Same exactly thing with me lol. Online doesn't work for the I-90. Maybe call and ask a L2 officer where to send the card. 

19 minutes ago, Deagle said:

Same happened to me. I entered the US on January 17th 2015, when they approved my I751 and received the card, the date was January 7th, 2015. It was just 10 days off, not 2 years. I didn't notice it untill later. I applied for N400 based on entering the country on the 17th and not the 7th. I also attached a copy of my conditional GC with the correct date, and the admission stamp on my passport showing the date of Jan 17th. I will tell them about the error in my N400 interview if they didnt notice it already. I did not submit I-90. 

Lucky you: Your actual and erroneous dates are not so far apart. You should be fine, especially since you applied based on the correct date. Mine were 5 months apart! 

6 hours ago, JP John said:

Is that 3 years from your wedding date for the K1 Visa or is it 3 years from your initial green card approval?

3 hours ago, Downloader said:

3 years as Green Card holder. 

3 years from the “Resident Since:xx-xx-xxxx” on your Green Card

Actually there are 3 separate 3-year rules (lol) that you must meet to quality for accelerated naturalization as a US citizen's spouse, and you must meet each one separately:

• 3 years as a legal permanent resident (or GC holder, as @Downloader outlined above);
• 3 years of continuous residence in the US (you can be a LPR but not be continuously resident); and
• 3 years living in a marital union with US citizen (you can be married but not be in marital union).

2 hours ago, StLouisSpain said:

Thanks for all the info. Will be very useful.

 

I already applied for the I-90 online. Haven't sent the card as I wasn't asked to but I guess at some point I'll be asked to sent it back.

 

I got the IOE receipt number as soon as I submitted. Do you know if I can apply for expedite processing with this number or have to wait for a NOA?

Big mistake to apply for the I-90 online, in my view. I made the same mistake too. They usually can't process it without receiving the physical card; I say usually because mine was ultimately processed without returning the card, but only after they rejected my ROC application and a Service director intervened.

You should probably first send back the card with a copy of your Receipt Notice, then make the expedite request. Don't expect them to ask for the card. Never happened with me.

Happens everyday. I applied for N-400 with a pending I-751 too, and I wonder why people wait. There are multiple threads on this, like the one below. There is no difference in the documentation compared to if you waited for the 10-year visa.

Make a copy (front & back) and send it back ASAP with an I-90. Once you get your notice #, apply for expedited review because of a clear USCIS administrative error. Otherwise, it may be stuck for up to a year. See more on expedite requests here: https://www.uscis.gov/forms/how-make-expedite-request

Don't joke with this. If they send you another green card with the same error, send it back again. It will cause you mucho pain down the line. I know, sadly, from experience:

2 hours ago, Monza said:

Jordanian. No I did not receive Notice of Examination but they request additional documents and I mailed them everything they ask for.  Still no changes in my status. I mailed them the additional documents they ask for in July 22.

Ah. You made it sound like they'd approved your application. Still, no response since July 22 is worrisome. But people from countries like yours are seeing lengthy delays (most likely because of security checks). What kinds of documents were requested in the RFE?

1 hour ago, Monza said:

Hi Ninna, I guess am facing the same  your husband. My interview was June 20th and I passed in civic exam. It's been 5 months since the last update to my status and still showing we scheduled your interview. Any update regarding your husband case?

Whoa. 5 months is quite a wait. Sorry about that. Two questions, though:

1. What's your nationality?
2. Did you get a Notice of Examination Results (Form N-652) from the officer after the interview?

The only way to be confident this misdemeanor will not materially impact your citizenship application is to wait until Nov 2021 to apply.

Here's why. You are required to show good moral character for what's called the "statutory period" -- in your case, because you are the spouse of a US citizen, that period is three years from your application date (not your interview date). While any negative event (arrest, crime, misdemeanor, etc.) outside this statutory period can still impact your application, those that happen within the SP are accorded more weight.

If you apply this December, your SP will run from Dec 2016-Dec 2019. Even though your misdemeanor occurred in May 2015, well before the SP, you were on probation during most of the SP, and that could count against you (other factors, including your education, employment, conduct during/after your probation, community involvement, etc., will be considered too). If you wait till Nov 2021 -- you can afford to since you have your 10-year green card -- your SP will run from Nov 2018 (after your probation ended) to Nov 2021. At that time, your sins are (kinda) forgiven, and you're born again.

From the USCIS Policy Manual:

Quote

D. Effect of Probation

An officer may not approve a naturalization application while the applicant is on probation, parole, or under a suspended sentence. ^[27] However, an applicant who has satisfactorily completed probation, parole, or a suspended sentence during the relevant statutory period is not automatically precluded from establishing GMC. The fact that an applicant was on probation, parole, or under a suspended sentence during the statutory period, however, may affect the overall GMC determination.

11 minutes ago, Becci391 said:

I'm allowed to say my personal opinion on here.

2 hours ago, Becci391 said:

Sorry, I don't support people who get married on a tourist visa, adjust status and stay. 

Do it the legal way!

Of course you can opine all you want, think that the sky is brown and the earth is blue, and consider DJT to be the Chosen One. Free country...

But you were factually wrong: AOS is the "legal way." And you were wrong because of your bias. So yes, I'll call you out on it. 

11 hours ago, jaguar89 said:

@afrocraft thank you for your advice and suggestions, it gives me motivation and for sure the other silent readers. I hope there’s more people in this forum who would give positive thoughts like the way you do. I started doing it, like what you have mentioned above, it’s just that I am too in detailed and I even made a book for us. LOL. I wanted to keep a copy of my book, on how we met, since we are both proud of our story. God bless you 💕

Sometimes I give negative opinions too lol. But this one -- about the timeline -- is an easy one to endorse.

You can take your "book" to your AOS interview, but you can't submit it with your application. Because your AOS application will be scrutinized closely, you'd want to "front-load" much of your evidence (i.e., put your best foot forward -- send as much favorable evidence with your initial application as you can). That's where the five-milestone framework I proposed earlier for gathering and presenting your evidence could help.

A warning, though: Be careful what you send. Anything you send can and will be used against you by USCIS. Any chat, email, receipt for an engagement ring, etc., that hints at prior intent to get married, or that introduces ambiguity about your timeline, will be a problem. So go through everything you send carefully. I often find many applicants try to tug at the heartstrings of USCIS officers using the sheer volume of their evidence -- if only they knew how much we are in love! -- and carelessly introduce negative evidence. Bad idea. Think like a lawyer.

2 hours ago, Becci391 said:

How do we know that this was all spontaneous and not planned at all?

We all know that people don't like the fact that they technically have to apply for a CR1 visa and leave the country.

 

Sorry, I don't support people who get married on a tourist visa, adjust status and stay. 

Do it the legal way!

Last I checked, AOS is, in fact and by law, a legal path. Like CR1/K1/asylum. They're not just overstaying a visit visa: they apply for an immigration benefit and are subjected to vigorous scrutiny to assess if they qualify. If you have a problem with AOS, take up your fight with Congress. Stop bringing your personal judgments into your commentary.

22 hours ago, jaguar89 said:

1. Is it okay to make a Timeline story on how we met? These includes our old chats, pictures, captions every month (since the time we met). Isn't that too much information to provide? It's like 1 1/2 year of Timeline story.

22 hours ago, payxibka said:

1)  doesn't prove bonafide marriage 

21 hours ago, Nitas_man said:

You really gonna make a timeline leading up to you entering on a tourist visa with intention to marry and stay in the US?

Why is everyone so negative about providing a timeline? The negativity seems to be driven more by disapproval that OP is "jumping the queue" than by reasoned, dispassionate analysis.

@jaguar89: I think the timeline is a great idea and could bolster your AOS application, but you have to do it carefully. A good timeline should suggest to an understandably skeptical USCIS officer that: 1) your relationship is legit, not just done to immigrate to the US, and 2) your original intent on entry into the US was to visit, not to get married and adjust status. But instead of providing unnecessary monthly supporting evidence,  I suggest you focus on five main milestones, and where possible provide evidence (pics, chats, emails, travel bookings, etc.) showing:

• When/how you first met;
• When/how you became romantically involved;
• When/how you entered the US on a visit visa;
• When/how you decided to get married; and
• The plans/actions you've taken since marriage to integrate your lives as a couple.

Literally, in your cover letter to USCIS, use those five headings, describe the circumstances, and refer to the supporting evidence. Good luck!

You can't file an I-130 for your fiance. You should file the I-129F instead. The link shows where to file (you send form and documents to a US address).

As you're starting the immigration journey, you need to know where to find the information you need. Start by checking the USCIS website (in Google, just type the name of the form/visa) and the guides on this website (look at the top bar on this site where you see Forums>Portals>Guides). Then, if you have specific questions, come to the forums here and ask. You can get more value from this forum that way.

Good luck!