Mrs_S
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Posts posted by Mrs_S
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You can file before you leave, but you risk being out of the country when your biometrics appointment is scheduled. Most people who have filed recently are getting biometrics scheduled about a month after an application is received. If I were you, I'd file upon returning to the States.
You can certainly travel while the application is being processed, as long as you have either an unexpired green card or an expired green card plus NOA1 extending the expired card for a year.
Good luck!
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Russianarmenian mentioned The Adjudicator's Field Manual, which can be found at: http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2
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1. Your NOA (extension letter) and expired green card are proof of your current immigration status - you do not need a stamp in your passport, and people on this forum have been denied stamps if they have a valid NOA.
2. For your driver's license renewal, it depends on your state's DMV's rules.
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This post has a description of a recent interview: http://www.visajourney.com/forums/index.php?showtopic=147545
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You do need the NOA1 as it extends the conditional green card for a year, while the I-751 is being processed. Especially since your case is being processed by the VSC and may take a while.
Some people have asked for a duplicate NOA1 as proof of the one year extension (I believe either by calling the USCIS phone line or going to their local office). Another option is to go to your local office and get a stamp in your passport. In certain offices they will take away your conditional card to stamp your passport.
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I don't know if it matters. Both of us signed the cover letters we sent in for the AOS and I-751 applications.
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File a police report about the stolen card. Take a copy of the police report, a copy of your stolen card and your original NOA to your local office and ask to get your passport stamped so you can travel.
Your local office is the best place to start. They should be able to help you.
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To find your local office: https://egov.uscis.gov/crisgwi/go?action=of....office_type=LO
To make an appointment: https://infopass.uscis.gov/info_en.php
Good luck! Update us on what you find out.
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Take a copy of your NOA to your local office and ask for a stamp in your passport. They will probably take your expired green card.
Travel with your stamped passport, a copy of your NOA and a copy of your expired green card.
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Try doing a walk-in on a Saturday before the appointment. If that doesn't work, inform your husband's boss that failing to show up at biometrics can start deportation proceedings.
You really have no control over when the appointment is scheduled and even if you were to ask to reschedule, you probably wouldn't get three weeks' notice.
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This is just a hunch, but is the CSC approving an I-751 approx one month after the card expires? Can anyone who has been approved recently comment?
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According to the Chicago Indian Consulate:
"Acquisition of US/foreign Citizenship: Possession of valid Indian passport consequent upon acquisition of US/foreign citizenship is not permissible under Indian laws. It is therefore desirable that to surrender your Indian Passport to the nearest Indian mission/post. The Indian passport is cancelled and returned to the individual. The cancelled Indian passport is returned to the applicant and not repeat not retained in the Indian Mission/Post. The cancelled Indian passport should be kept in safe custody, as it may be required at the time of applying for the PIO card/OCI status; for seeking separate passport for children, if it contains an endorsement to that effect."
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Or 3-year conditional cards should be automatically issued so people can send in the I-751 3 years later, with or without the N-400. But that might make too much sense.
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If you have the NOA, you don't need a stamp in your passport.
When I did my biometrics earlier this month, all I needed was my green card and driver's license.
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You should find out what the laws in your state are about name changes. In some states, if names are not changed at the time of marriage, a court order is needed for a name change.
Another option is for your wife to change her name when she applies for naturalization.
http://www.visajourney.com/forums/index.ph...p;#entry2137897
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I am definitely paranoid when it comes to dealing with govt agencies - especially the immigration and taxation agancies.
HB34, If you do decide to amend a return: http://www.irs.gov/taxtopics/tc308.html is a good place to start for information.
Again, you may want to check with a tax professional, but my understanding is that if your wife was a permanent resident for any part of the year her previously non-taxable income became taxable when she became a PR.
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Technically if some one is a permanent resident at the end of a calendar year and has been in the US for at least one day in that year, she/he needs to file taxes for that year.
I don't know if it will be a big deal, or even if the two govt agencies talk to each other, but if it was me or my spouse, I wouldn't take the chance and I would file an amended return.
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Look up the name change laws for your state. In certain states, if you do not change your name at the time of marriage, you need to go through a legal name change process. After doing that you can file the I-90.
Another option is just to wait till you file for Naturalization, as you can change your name then and that serves as a legal name change from which you can change your drivers license, etc. It's Part 1, question D on the N-400.
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You posted this in the "removal of conditions" forum, so most people here have expired (or soon to be expiring) green cards and the Notice of Action (NOA) from submitting the I-751 to remove conditions on permanent residence.
I traveled internationally with my conditional card. At the POE all I needed was my passport and green card, no questions were asked.
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I would recommend going to the nearest US Consulate with your husband and asking them in order to get the best advice.
You typically need a re-entry permit for extended absences from the US, but since you left for a family emergency, you didn't really have time to apply for one. Take documentation of the family emergency with you to the Consulate.
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According to the CA DMV website, a Notice of Action is proof of legal presence: http://www.dmv.ca.gov/dl/dl_info.htm#BDLP.
Take your old driver's license, expired green card and NOA1 that extends your green card validity to the DMV.
Good luck!
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Everything I have read indicates that the name on the ticket should match the name in the passport, which you have indicated you will do in either of the options.
Personally, I would choose option 1, and definitely carry a copy of the marriage certificate.
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If you live in the twin cities, I would highly recommend going to the DMV office in downtown Minneapolis (in the govt center, 3rd Av and 6th St S). They are extremely efficient and are used to dealing with large immigrant communities and would perhaps have a better understanding of USCIS receipt notices/extension letters than the suburban offices.
If your marriage certificate has both your maiden and your married name, take it with you.
Good luck!
General Questions
in Removing Conditions on Residency General Discussion
Posted
1. No, cover letters are not necessary.
2. I don't think there is a way to track a money order, but I'm sure someone will correct me if that's wrong.
3. NOA = Notice of Action. It's basically the USCIS's acknowledgment that you filed the form and paid the fee, and in the case of an I-751 application it extends the validity of a conditional green card for a year.
4. I would recommend submitting the I-865, even if it is late (as did other people who responded to your earlier posts about this).
Good luck!