birdyconfused

On a second note, I wonder that if my husband travels alone, would the the immigration officer have the information my domicile is not established in the US?

Moreover, if my my husband tells them that he is travelling alone to make arrangements first and then going to call me and kids. Are they going to deny him entry?

lost_at_sea and Robby99 !

Thanks for you help really appreciate.

Hi everyone

My husband is immigrating on CR-1 in a couple of months. Our plan is that he should go to the US first and then I along with kids should follow in a couple of months.

My question is whether can he travel to the US without me accompanying him or ?

Thanks

Hi

My husband's I-130 was approved last year in September through DCF in Islamabad, Pakistan and we still not ready to apply for his visa.

I can't find how do I request extension on his approved I-130 petition. Should I contact NVC or the Immigration Visa Unit in US Embassy Islamabad?

I would really appreciate your help. Thanks

Hi folks

This isn't one of those every day questions. I am looking for an answer from a legal expert on this forum or someone who had been in a similar situation.

Here is a tricky situation for my husband.

- My husband got a CR-1 visa in late 2007

- He entered to USA in March 2008 (just 2 years after completion of our marriage)

- He received a two years conditional GC

- He believed he deserved a 10 yrs GC, so he made an infopass appointment at USCIS Newark office to get clarification of the issue

- A very rude USCIS female agent told him that he deserved a conditional GC coz his passport was stamped with CR-1

- My husband decides not to file for a replacement card based on rude lady's advice

- We didn't plan to stay in USA permanently at that time and wanted to come back later permanently. Therefore we fly back

- My husband pays 2 visits as if to show that he is trying to keep is residency in USA

2010 starts and my husband's conditional GC expiry come close; and we contemplate whether to move to USA permanently or not.

- We conclude that it will not be in the best of interests to move to USA now. Therefore he does not pursues removal of conditions on his GC

Then

- In May 2010, a letter from USCIS comes to our US address stating "Examination of our immigration record shows that you were erroneously admitted as a 'conditional' permanent resident of United States instead of a 'lawful' permanent resident of the United States." Then it states that in order to get a new permanent card you to should file I-90 without fee.

Now, we intend to move to the States permanently. However, we've been maintaining our residence outside USA quite clearly and that counts for 'abandoning of permanent residence of USA'. But I was just wondering whether this mistake of USCIS could be used to get a new GC while he is overseas and then he could fly to USA. Or should we start the whole IR-1 immigration process from the beginning?

Regards

(May I also mention that during this time, we didnt really established much ties in the USA which could show that we had intention of maintaining our domicile in USA. Except of his bank account and SSN he doesnt have any thing in his name in USA.)

Your spouse entitles for 10 years GC. If by any chance they give her a two years conditional GC, make sure you fight ur case to get a replacement.

My husband had been in a similar situation. He entered the United States after completion of two years of marriage on a CR-1 visa. But we made the mistake of not mentioning it at the POE and ended up with a two years conditional GC. Due to our circumstances we didn't move to USA permanently so were not really bothered to replace it.

However, we got a letter from USCIS just after conditional GC expirty date. The letter stated that he (my husband) was issued a conditional GC by mistake and he should apply to have is GC replaced with a permanent one. Therefore, I stress that you make that you get a 10 yrs GC. USCIS make mistakes, and they make mistakes every too often. I have found them to be most unprofessional and rude govt. service in my life.

Lots of replies but none relevant to my question, I am afraid. Anyways, Let me answer all the questions above in summary.

I am a US citizen by birth. However, I do not fulfill physical presence requirement (of 5 years in USA) in order for my child to be able to claim US citizenship. Therefore, I have to emigrate my child to USA and as soon as my child enters the USA on an immigration visa he/she will automatically become a US citizen according to US Child Citizenship Act of 2000. Then I can simply apply for his/her passport.

Now if anyone of you have been in a similar boat or have knowledge about petitioning for a minor child, please do have a look on my document check list and point if anything is missing.

Regards

HI folks

Need a lil help from you guys. I am filing I-130 for my minor daughter (4 months old); just want to make sure that I am filing with right documents.

1. I-130 form filled and signed

2. Copy of my US birth certificate

3. Copy of my US passport

4. Copy of my My daughter's birth certificate

5. $355 filing fee

6. One self addressed stamped envelop

Am I missing anything? If so please point me to the missing document.

Best Regards

At the I-130 petition all that is assessed is the petitioner's eligibility to petition the beneficiary which includes there being a petition-able relationship.

The Interview is the actual Visa Application where the beneficiaries admissibility is determined.

Thanks Bob that pretty much puts things in perspective.

Yes, you are able to prepare a waiver letter yourself. I would recommend immigrate2.us as they are focused on waivers.

Is it a site that you mentioned? well I tried the url doesn't work. Could you please post it again with rights spells if it's wrong.

Regards

hey ! Happy Federal Holiday Over !!!

What did NVC, USCSI and DoS Hotlines say ?

No I haven't called them yet. I will definitely post it if I find out anything. Thanks for you help though

IIRC, the way it will work is that you'll be denied at the Interview as inadmissible and then have to submit a waiver (I-212 I believe). If you want to be ahead of the game you can contact an Immigration Lawyer once you know that you were indeed Deported in Absentia and try to have the deportation reversed by the time you get to the Interview stage.

thanks again

Are you suggesting that there would be no trouble at the I-130 petition stage (if there was any order of Deported in Absentia)?

Second, could this waiver be taken without having a lawyer to represent me?

Thanks

You may have been "Deported in Absentia". If so then you'll need to prove when you left the US so that USCIS knows you aren't guilty of unlawful presence.

Thanks Bob and others

hmmm at what stage of application I might have to prove this; At petition stage or at visa stage?

to whom do I have to prove it to some court or consular officer??

what sort of documents I might show?

Hi folks

My 2 yrs conditional GC expired sometime ago. During those two years I stayed outside USA most of the time and it expired while I was overseas.

We are now considering applying for my immigration again in few months time and I am hoping that by the time it is approved my current contract would be over so that I'd be able to move to USA along with my wife.

Someone told me that there could be complications as I had not filed I-407 to surrender my conditional GC. My question is, are there any complication that I may run into when filing I-130 again and going to subsequent process of obtaining IR-1?

Best Regards

trailmix:

thanks for your reply.

"The child is residing permanently in the United States in the legal and physical custody of the U.S. parent"

dont you think this bit will apply to those who are applying for Adjustment of Status. I guess for an intending immigrant this bit cannot apply.

Thanks

I am a US citizen by birth, however, lived abroad for most of my life.

My recently born daughter doesn’t have a claim to US citizenship because I do not fulfill the requirement of physical presence (min. 5 years of which 2 years should be after age of 14) in the United States in order for my overseas born child to be able to claim US citizenship.

Therefore, I need to apply IR-1 for my daughter only to naturalize her as a US citizen (because as soon as a minor enters United States on IR-1 becomes a US citizen automatically).

As I understand, Immigration laws require a person to have US domicile or at least have intention to establish his/her domicile to be able to sponsor an immigration visa to their immediate relatives. Although I may provide many evidences showing my intentions to establish domicile, my actual intention is just to naturalize my daughter so that we should be able to travel freely and move to USA as and when we want.

Now the question is:

Would it be OK to state in the IR-1 cover letter that my intentions are just to naturalize my daughter upon entry on an immigration visa and come back to join my husband or should I show the intention of establishing a domicile in the United States?

(PS: My husband got CR-1 2.5 years ago but we couldn’t move to States permanently due to his work commitments and my not be able to move for another 5 years. His conditional GC expired few months back. I don’t know if this may affect my daughter’s case)

Hi folks

1. Do you know of any examples as in your personal knowledge or personal experience where a person on CR-1/IR-1 visa denied entry at a POE due to prolonged absence i.e. LESS Than 12 Months but Greater than 6 Months?

2. If you remained overseas for prolonged period and you were allowed entry at the POE, did they ask for any evidence of your intentions to return to United States and what evidence you presented.

I'll be especially interested about JFK

Best Regards and Thanks in advance

Does anyone of such an example where a person on CR-1/IR-1 had been away from USA for less than 12 months and denied entry? If denied entry, is there any appealing procedures?

I haven't clearly understood "also consider the possibility that you might have to go for a IR-1.". Do mean going through the whole process again?

When are you planning to re-enter the U.S.?

Until you are allowed entry at POE, assuming the CBP doesn't consider you to have abandoned your LPR status, all of this is conjecture at this point.

Your USC SO can come and go as they like.

Build up your bonafides/evidence but also consider the possibility that you might have to go for a IR-1.

Good luck.

Dear All

(please note that I am using my wife's id for this post)

Thanks for your kind replies and comments. Let me clarify further as following:

First time I visited along with my USC wife on CR-1 in March 2008 and left after about 3 weeks. Then I visited states in march 2009 alone and left again after 3 weeks. The immigration officer didnt bother much about where had I been for last 11 months. He only asked what I been doing for last 11 months and I told him that I had to be overseas in order to finish some business. He looked me up on computer for couple of minutes and then let me go. Therfore Reentry permit, i believe is not required for me.

This time I am travelling with my USC wife who is 6 months pregnant and my 2.5 yrs old son who is also a USC. We intend to move to USA permanently this time.

The situation is that we do not have anything active in our joint names coz we never really felt a need of that; though we have a bank account in the UK which havent been used for last 1.5 yrs which we opened when got married. My wife uses my credit cards when she needs. We have a property in her name. Trust and dependency between is awsome.

Apart from other thing I mentioned earlier I can also transfer about 20 thousand dollars in our joint account to be when we move. In addition my son's birth certificate has both our names on it. The baby to be born will also have our names on his/her certificate. We have marriage certificate, wedding pictures, holiday picturs, family pictures and affidavits from our families including our parents won't be any problem.

Moreover I am 31 and have a PhD; thats not relevant to the evidence of our relationship but might be helpful as US is too eagar to retain young people with high qualification.

So what does the picture look like?

Regards

PS: By the way when I entered the USA in 2008, our marriage was already 2 and yrs old. I thought I that I should have been given 10 yrs card and visited nearby USCIS office to get advice on this. The person who attended me was very rude and told me that when you were approved you marriage was less than 2 yrs old, therefore you have been given a conditional GC. I didnt pursue the matter further coz I had to leave. Would you please like to comment on this. (if it is debatable, should I post it in a separate thread?)

Bob! thanks for this extraordinary piece of information about computers. I am already on CR-I and I pretty much know that they would know how long I've been living abroad since becoming an LPR and I am not going to hide it anyways. I am quite positive that I can get my conditions removed if i can convince them that I intend to live in USA permanently. The question asked was, what sort of evidence I might produce in my circumstance not the judgment that I've already abandoned my permanent residency. This would be decided, I believe, by officer at PoE the next time I land into JFK. If I'd be present in the states that would mean I haven't abandoned my permanent residence.

You cannot remove the conditions of your permanent residency, because you have abandoned it already. Seriously, do you really think USCIS would overlook your absence from the US for all this time? Do you know they have computers now?

Your only viable option now is to go the CR-1 route.

That wasn't the question. Question is what evidence can I prepare and present in order to remove conditions in that short span of time.

You can not visit to maintain a GC, you live here and visit elsewhere.

Hey folks

It looks like im in a tricky situation.

My Conditional GC expire in March. Since obtaining my GC I have been living overseas (not on govt. or military duty) and visited couple of times in order to keep the GC. Now we plan to come back to US permanently and removal of conditions is a big question for us. We'll be staying with my brother in law in the beginning before I get a job.

During this period we didnt have anything jointly in our names in the US. Though we have US accounts separately but no signifcant transaction has been made in that account and we never filed any tax returns in USA.

We've been married for 4 years by the time we come back to US. We have a 2.5 yrs old son and our second baby is on the way (expected in May). We've loads of pictures together and wonderful relationship

What is the best that we can do in order to provide evidence for I-751? My GC expires by 25th march and we plan to arrive in US by the end of January. I'd highly appreciate any suggestions.

What I have in mind is that as soon as we arrive:

• Get a joint lease agreement
• Open a joint bank account and put couple of thosand pounds in it
• Get a car in our names
• Get family health insurance

Do you know any example who's been in the similar boat?

Regards

Travelling to the US once a year does not preserve residence. Unless you are living outside the US because of military assignment, US government job or certain commerce enhancing jobs, you are not maintaining residence.

Oh well! thats true. But we plan to return to USA with intentions to live here permanently couple of months before my GC expires. I believe their emphasis is more on getting proof that a couple is in bonafide relationship than verifying that whether the beneficiary wants to stay or permanently in USA.

Hi folks

My removal of conditions date is coming closer and im starting to wonder on how to do it. The question that's bothering me is that:

Ever since I became a conditional permanent resident, we've been living outside USA. I retained my green card by travelling to USA once a year. Now that I want to apply for removal of conditions, I do not have any joint bank account, utility bills, property lease with my spouse neither in USA nor abroad. However, we have a child (2 yrs old) born abroad and trying for next

Should our marriage certificate and our children's birth certificate be a good enough evidence of our relationship?

PS: We do have a joint bank account in the UK but we are not living there for last 2 years and there hasn't been many transaction in that account. Can that account be used as an evidence?

Thanks in advance for your feedback.

Regards

Look closely in your passport if you entered the USA on an immigrant visa as per where you posted this, the officer at the POE should have stamped your passport with I-551 stamp, this is "Temporary evidence of Permanent Residence".

http://www.visajourney.com/timeline/profile.php?id=23971

yes! but the thing that It's already been a year since I became permanent resident so that stamp will be of no use. because of being abroad during this time I couldnt apply for replacement of my GC. Therefore, i think im gona have to make infopass appointment to get some stamp of temporary evidence of residence in my passport. But the point now i wonder is whether I should file I-90 first and then make infopass appointment to get the stamp. I guess they might ask for some sort of evidence showing that I have sent my GC for replacement. What evidence that might be?

HI folks

it appears that I have to apply for replacement my green card with incorrect information using I-90 form. I am going to have to send my original green card in order to apply for replacement. I have immediate travel plans. How do get some sort of temporary evidence of permanent residence in united states; so that I should be able to enter into the US when I come back.

Regards

okies guys

thanks for confirming my understanding. I believe then I should file I-90 for replacement of conditional green card with an unconditional green card. I am going to have to send my original green card in order to apply for replacement. How do I get a temporary evidence of residence while I will not have possession of my green card?