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mcsowb

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Posts posted by mcsowb

  1. I am about to file my I-751 form to remove conditions of residence however since may of 2007 I have been living in Kenya with my wife who works for the UN. We've made sure that we both return to the states regularly and have never been away for more than a year at a time. I am in fact returning to the states to file my form as my current card expires in October. My question is do i need to submit photo's and fingerprints as specified in the I-751 instructions. My wife is neither with the US military of Government but does for for the UN. Is this considered a US government job. The I-751 I'm filing will have a Kenyan address. Will immigration not find this a little weird? Neither of us plan to return to the states to live anytime soon but at some point we may, so clearly I want the conditions to be removed. Has anyone else faced the same dilema or can anyone assist me on this matter?

  2. My wife and I recently attended my adjustment of status interview with our documentation meticulously prepared. After initial pleasantries with the interviewer and requests for copies of certain documents, we were somewhat shocked when she implied that my wife made less than the poverty line. She held copies of her tax forms from the last two years and referred to the last box on form 1040 which indeed stated that my wife paid taxes on $10,000. What she failed to acknowledge was the line directly above it which stated my wife's income to be over well over the poverty line, but that she was entitled to a foreign income exclusion for income up to $80,000 because she lived abroad for the last two years. We pointed this out to the interviewer and showed her copies of my wife's statements of earnings and the copies of the tax forms for foreign income inclusion, but she replied that she only looks at one line only on form 1040 and nothing else. As a result, she said she needed time to review the case and would let us know her decision in 90 days, and that was it! My wife also had letters from her employers showing that she did in fact earn more than the povery line and 3 years of bank statements, but the interviewer was not interested. This is incredibly frustrating for both of us as basically due to her incompetence and unwillingness to try to understand we have been forced to wait an extra 3 months. To add further insult to injury she asked for my original I-130 acceptance letter as they had 'misplaced' their copy. Has anyone else had a similar experience in regards to foreign income exclusion or general incompetence of their interviewer?

  3. My wife and I were married abroad in Nov. 2005. We came to the US together in late March 2006. I entered as a Visitor on the Visa Waiver Program (I-94W). Initially we were planning to leave within 3 months and work abroad, which is why we did not apply for a spousal visa before we arrived. However, we then decided to stay in the US and were advised by the Immigration Officer at port of entry that we should begin the process immediately. Therefore, within two weeks we applied for the I-130 and received a receipt saying we would receive a visa number in 150-999 days. We are now about to submit the I-485 to adjust my status. I also intend to apply for the I-765 to work legally. My question is - will it be possible to change the status from my I-94W? And if so, will I have to leave the US? I no longer have a residence abroad (we are both aid workers and could be based anywhere in the world, including the US). We've been given conflicting information and did not receive a great deal of assistance from the USCIS office in Albany. The USCIS web site also does not clearly describe the procedures for our particular case. I am sure we are not the only ones in this situation.

    Thanks for any advice you could provide.

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