JayMar2019

I'll just get hounding USCIS for the "promised" 48 month extension ASAP. But his N-400 will be filed tomorrow, no later than Friday so we can start the end of this immigration journey!

3 hours ago, Sarge2155 said:

"Filing the Form N-400 provides an automatic extension of your form I-551, Permanent Resident Card (also known as a Green Card). This notice presented along with your expired Permanent Resident Card, is evidence of your lawful permanent resident status for 24 months from the "Card Expires" date indicated on your Permanent Resident card."

 

 

So based on the verbiage above from your NOA1 you received on your N-400, it seems that it's not an extension because it's 24 months from the Green Card expire date which is the same 24 months given from Card expiration when we got the NOA1 for his I-751. His GC expired 6/18/21 so 24 months from that date on his GC is 6/18/23.

So it's sounding like I'm gonna need to have USCIS send me another extension which is the 48 month one that others have mentioned. 

3 minutes ago, Mike E said:

He will get another extension letter from the N-400.  It will expire 6/2023. 
 

File N-400.  Pressure USCIS to produce the 48 month extension letter. As it promised.  

Thank you..I will most certainly do that!

3 minutes ago, NorthByNorthwest said:

No, N-400 does not by itself generate any letters related to LPR status. N-400 and I-751 continue to be treated as two completely separate cases until one of them gets to the top of the pile, at that point the remaining case may well get adjudicated together or soon thereafter. Evidence suggests that recent N-400s are prioritized at the moment with plenty of cases getting adjudicated in around 4 months.

If you have urgent travel and have an expired extension letter you will need to pursue that based on the I-751, a pending N-400 will not help.

Okay, thanks for the clarification. I will have to get my husband an infopass appointment to get an extension should we have to travel after 6/2023.

26 minutes ago, Mike E said:

He will.  It will extend his gc 24 months  from the date of expiration of the gc.  
 

He is owed his 48 month extension letter and I cannot, for the life of me, understand why people are not more aggressive in forcing USCIS to produce it.  If my wife’s extension letter expired without a 10 year gc in hand, I’d be lighting up the phone and chat every day.  

Thank you for responding. So just to clarify, my husband WILL GET another extension when we file his N-400? His current extension came when we filed his ROC in 2021 and that was for 24 months so it's due to expire 6/2023. But you're saying he will get another extension?

Trust me I plan on calling them about this but I figured I would come here to get the information quicker lol.

3 minutes ago, Crazy Cat said:

My wife didn't get a new extension letter when we submitted her N-400. We filed online.  It was a piece of cake.

Last question...your timeline shows you requested a combo interview...that is something you HAVE to do or does USCIS combine the cases automatically?

Just now, Crazy Cat said:

My wife didn't get a new extension letter when we submitted her N-400. We filed online.  It was a piece of cake.

Okay, great information! I will probably have him make an appointment with Infopass between now and May to get his extension letter in case he has to travel back home for anything after June 2023. 

I assumed that USCIS would send an automatic update extension to his NOA1 for the ROC but stupid me for assuming! 

Thank you so much for your help!

12 minutes ago, Crazy Cat said:

His status does not change when his extension letter expires.  He remains a legal resident.  Only the evidence of his status expires. USCIS is now issuing 48 month extension letters after submitting an I-751.  He may or may not get one.  If he needs evidence for travel or work, he can contact USCIS for either an infopass appointment or other evidence.  His N-400 receipt, itself, will not auto trigger a new extension letter. 

The good news is that filing an N-400 can push the I-751 for some offices. See my signature lines for an example.

After waiting 40 months for USCIS to process my wife's I-751, she filed her N-400.  Five months later, she had her Naturalization Certificate in hand.

Thank you for responding.

So, he won't get an extension on the NOA1 that he will receive from the N-400? I've read that applying will push his application through faster, but was hoping to get another automatically extension since the last one we received was in 2021 when we filed his ROC! 

I'll be filing his N-400 on Thursday online so I can start the end of this immigration journey!

Good Evening,

Just a quick question for clarification...my husband filed his ROC in 5/2021 and received is 24 month extension which is due to expire 6/19/2023. We are still, of course, waiting for his approval, but we are now filing is N-400 (yes, I know, I could have filed a while ago, just completely slipped our minds - life has a way of getting in the way LOL).

My question is...when we file his N-400, does he get a new extension on his immigration status? Will that new date show up on his NOA he will receive after we file the N-400? Or would we have to request an extension since his 24 months will expire in June 2023 based on the NOA received from the ROC filing?

Thank you so much!

Just received the text message with our case number...YSC which looks like Potomac Service Center. Not sure if that's a good thing or bad thing lol. NOA1 on it's way via mail 

Just now, elmers said:

 

 

 

 

Wow so many of you moving ahead!! Very happy for all of you -- good luck and hoping a speedy RoC for all of us ( without an interview )!

Thanks so much!!!! Definitely want NO INTERVIEW...shouldn't need one truthfully. But we're ready if need be!!! 

Good luck to you too!

Just checked the account and saw our check payment has been cashed. I guess I will receive a text/email message later today/tomorrow and the NOA1 should be here sometime next week. In the waiting queue we go!

4/21 - Package sent via FEDEX

4/22 - Package received

5/11 - Check cashed

Hello Everyone...didn't think we make it to this point, but with hard work (marriage counseling), we're still here heading into our 3 year marriage anniversary in July! Love, communication, and compromising does make a marriage work and get better every day! So with that said...I'M BACK!!! Joining the waiting game with you all. Sent my husband's ROC package yesterday via FedEx and it was delivered and signed this morning by F. Brown.

This waiting game will be different and much easier than the K1 and AOS process!!! Good luck to everyone!

1 minute ago, NikLR said:

You're okay. Divorce is rarely clean unless you give up everything, and at least you can say you tried. That's the part you should reflect on.  Who knows, because he wants to move there too maybe it'll be much eaiser to go. 

Maybe....I think right now, I just need to take things one step at a time. We have to be legally separated for 6 months before filing the divorce. Maybe the time apart will change things - at least for me I know it will help me think a lot clearer. Yeah, I have tried...I do believe marriages are worth fighting for if both parties are willing to fight. Maybe things will change between later down the line or not. The moving part because it's so far off, with all that is going on right now, I probably continue to put on the backburner.

Just now, PatLuvO said:

You are a strong woman and a great mother. I am sorry that you are going through something like this. After the storm the sun will definitely shine again. Keep moving forward and do what’s best for you and your  children. You have a good heart and took a chance at love unfortunately it didn’t work out which is no fault of your own. It doesn’t reflect bad on you as a woman because you entered into it with pure intentions. Stay blessed and good luck.

Thank you so much for your kinds words and support! Definitely appreciate it!

1 minute ago, NikLR said:

You may not be allowed to move if the father doesn't allow it.  It's one of the hardest parts of being divorced with children.  That's why there was info on moving now, vs later and filing your divorce and custody in FL instead. But even that's a tricky slope. 

I understand that part which is why I have to talk to a divorce lawyer and see what would be the best option. 

The irony was we all were supposed to move to Florida next year because he hates the cold weather and has family there. 

Just a messy situation I got myself into unfortunately

6 hours ago, Boiler said:

How practical is moving in the current Pandemic?

 

He can use the evidence previously submitted the evidence does not have to be new or different.

I wasn't moving NOW. I wasn't relocating until March-June 2021 - after my oldest graduates high school.

And thanks for the clarity.

6 hours ago, Sparkle Sparkle said:

@JayMar2019I am sorry this happened to you.. I can understand how much pain you going through and how much you want him to pay for what he has done but the fact is

1. You vouched for him brought him here

2. You Co-mingled resources to a certain extent

3. You have a kid together.. (good for him from immigration stad point) 

 

Based on this 3 reasons you cannot do anything to have him removed.. Even if you write USCIS you would be seen as a scorned witch hunter and ignored. 

What you need to do is

 

1. Take your time to heal and divorce him when you want to having in mind that he needs the divorce decree for the ROC/divorce waiver🤔😡😎 (Take a moment to think about that leverage) 

 

2. If you want him totally out of your lives, you can you should start thinking ahead e.g Custody battles and Alimony. Gather all the evidence you can now and make him sign consensus /deals on child support now that you can get it without a fight. 

 

3. Look after yourself and your kids mental health.... Get medical help /check for STI's

 

4. Girl, you understand that he has been smart about it that is why he got this far with the GC, and to get what you want you have to be smart too. 

 

5. If you can get any evidence that he was married to that girl in Jamaica and is married to you too... That would interest not only USCIS but ICE too. 

 

6. Talk to a good divorce lawyer.. At least to help draft agreements etc

 

God be with you and let's all learn from this. 

I appreciate your words of encouragement and advice. This is definitely been a difficult time for me emotionally as I don't have many to vent or cry this out to.

I basically am over the fact that there's nothing that I can do to prevent him getting ROC and just have to deal with and live with whatever consequences that come down the path when it comes to my responsibilities based on the I-864.

I do intend on filing the divorce and since we have to be separated 6 months before the divorce can be finalized, the first step I have to do is first get him out of my apartment so I'm going to the post office later today to certify mail him the 30 day notice to vacate and start from there. I do intend on filing for child support - doubt I get alimony (I make way too much for that possibly to happen - another reason why I need to file the divorce before he does) and I don't want alimony. But I do and will hold him responsible to take care of our son, so yes, child support will be filed. 

Yes, our mental health is very important which is why I have to get him out of here. This pandemic hasn't made it even harder to deal and cope with all that is happening and it is affecting my boys because my oldest (17) hates to see me going through this and is trying is hardest to step up and be my "extra parent" when it comes to his younger brother and also just be here for his mom. Truly unfair on him and also unfair for my 9 month old because I'm sure he can sense something is wrong with me - he's gotten even more clingy to me than ever. Been checked for STI's and by the Grace of God, I'm all good there. We haven't had sex since January but I have been recently tested again for everything.

He wasn't married to the girl in Jamaica - just admitted to having sex with her but gave me this admission after he got here, got married and we found out I was pregnant. 

I will be talking to a divorce lawyer just to make sure I'm not overlooking anything - but the first step is just getting out of here so I can start to have a clear mind on how to move forward.

2 hours ago, Scandi said:

Don't comingle your finances anymore, means that you used to do it? You have been living together since 2018, if I understand it correctly? So even if you have removed him from most of the evidence NOW, he could technically still have a ton of evidence from before that, no? Or you know for sure that he hasn't bothered collecting any evidence throughout your marriage?

He opened up his own bank accounts and switched his direct deposits a while back after I questioned a large dollar cashapp transfer. I only had $100 per paycheck go in the account the rest of my paycheck goes in my other account he's not listed on. 

Confidently I can say he hasn't collected anything. He was and is too focused on severing things and having his own stuff in his name. He relied on me to do and prepare all. So anything "new" as proof of ongoing marriage or "good faith" evidence prior to being approved for his 2 year GC doesn't exist. Only thing we have is our 9 month old son which he can request his BC and his driver's license that shows he lived with me. He's never been added to the lease or any household bills ever. 

Any new proof after his interview in 6/2018 of co-mingling anything doesn't exist.

2 minutes ago, Mollie09 said:

10 years is shorthand for 40 SS work quarters. In reality there is no limit.

USCIS doesn't care about why the marriage ended, just proof that it was entered in good faith. I got ROC with a divorce waiver and nobody asked me why my marriage ended at any point even during naturalization - just for proof we had lived together, commingled finances, bought property, shared insurance, etc

Well then he's going have a slight problem then because other than our driver's licenses, we don't co-mingle our finances anymore, have no property or assets, name isn't on the lease or any household bills and BARELY helps to pay anything the last 5 months. He has his own car insurance, his own medical insurance which I can now remove him off my insurance. The only thing is left is we filed this year and last year taxes as married-joint. Come next year it will be married-separate.

But sounds like he will be approved no matter what.

Final question.... I wanted to buy a house next year and relocate to Florida. Obviously I don't want him to have any claim to my house. Also I don't want him to fight me on relocating to Florida since we have a child.

Since we can be separated for however long and he has to file starting March 2021 for his ROC, should I just wait to file the divorce then or just do now and get it over with?

10 minutes ago, OhioLovesUK said:

On the hook ?  I'm interested what that actually means...  What exactly are you liable for after signing a  I-864?

It means that if he ever becomes a public charge to the US as his sponsor I would be held responsible to pay and reimburse the government for whatever public assistance he uses

1 minute ago, TBoneTX said:

In theory, the government could ask you to reimburse it for means-tested benefits claimed by the immigrant.

This is why, in a failed relationship, the I-864 should be withdrawn before the immigrant has a green card.

Trust me if I would have known he cheated on me with someone while still Jamaica there would have been no interview because I would have cancelled everything.

But I understand what you mean. I guess I have to pray that he will never want or need public assistance and will still continue with US Citizenship.

4 minutes ago, Lucky Cat said:

 Could less than 10 years....or longer than 10 years.....you are obligated until one of the following occurs (from the time he became a legal resident (Green Card issued))

 

1.  Immigrant becomes US citizen

2.  Immigrant is credited with 40 quarters of work

3.  Immigrant  dies

4.  Immigrant ceases to be a lawful permanent resident and departs the United States

Well but the off chance that 1-4 do not occur, I would be on the hook after 10 years from his initial GC which was issued on 6/18/2018?