jkstark

Fastest will be by going to a passport agency office with expedited processing there - it will cost you the extra $60, and you will have to have evidence of an urgent need.  The Colorado Passport Agency is in Aurora:  https://travel.state.gov/content/travel/en/passports/requirements/where-to-apply/passport-agencies/colorado.html

You cannot technically apply without evidence of a journey coming up, but if you have the itinerary, or other information about your trip, you are good to go if your trip is within 2 weeks.

1 hour ago, ShanghaiSurfer said:

Op if you’re really nervous about it you can always do a quick courthouse/Vegas wedding before expiration. And of course still have the big wedding ceremony and party on the scheduled date. Just food for thought. 

FWIW - a "wedding" ceremony where you are already married makes it much more enojoyable...  We had a small civil ceremony with my inlaws in attendance with a local justice, and then had a church wedding about a month and a half later.  It takes a bunch of the pressure and stress out of the church wedding, and you can have a lot more fun that way...  For OP, it will also keep everything legal...

Not entirely sure, but I would start by asking the IRS for tax transcripts - some you can get online immediately if I recall right.  Otherwise, they'll mail you those, and they should indicate that you have paid or not...

3 minutes ago, mindthegap said:

Not all attorneys are created equal

This.

I can't imagine where the attorney thinks that it is appropriate for you to do something that is contrary to the law - ie overstay your authorization to be in the country.

It would seem to me that getting married before you are out of status would be recommended...  Remember that the overstay of an VWP will make you ineligible for the VWP in the future...   Even if you never end up needing to use the VWP, it will bring up questions on any entry into the country until you become a citizen, I would think...

I'm sure others can expound on this, and I would recommend you double check with your attorney ASAP...

19 hours ago, ruby_7 said:

Finally, a US citizen after a long painful journey... 

 

Good luck to everyone who are still waiting...

Congrats!

(Hey - I didn't get a flag.... 

Sounds to me like that qualifies for a 10 year bar on entry, from the date of departure, essentially meaning that she would not have been able to return to the US in any capacity without a waiver till 2012.  Also, she will be required to apply for any new visa at the consulate in their country of citizenship, and may not do so at a consulate in a third country.

Beyond that, you would be petitioning for your mother - a process that will probably take at least a year, and the visa overstay will be a factor in their decision, though I do not know how much it would affect it at this point in time...  Obviously, you cannot start the proceedings until you are a citizen..

I can't find an "official" site that refers to these, but several different places have essentially this exact set of criterion:

"The doctor will then give you a physical examination, which will include looking at your eyes, ears, nose and throat, extremities, heart, lungs, abdomen, lymph nodes, skin, and external genitalia. The doctor will also perform a mental status examination, assessing your intelligence, thought, comprehension, judgment, affect, mood, and behavior."   (https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-3.html)

The exam is used to determine if you have or are likely to have a communicable disease, among other things, and as such, the examination of the external genitalia is not unheard of. 

On 2/26/2018 at 6:36 AM, Going through said:

On 2/25/2018 at 11:11 PM, lovethemidwest said:

-2 Identical passport photos

If you are applying for the N400 from within the US, passport photos are not required.  Your photo will be taken at your biometrics appointment.

Yup - that is correct...  I had forgotten about that differentiator, and just quickly looked up the instructions...  It has been recommended by many to bring a few pictures with you to the interview, however, since in some cases they have required them there even if it is not mentioned anywhere.  I was not asked for them, so ended up using them for a passport application later on...

3 hours ago, lovethemidwest said:

Thank you for the continued help !!!!

 

I sat down for several hours and put in all the information I got, it was not as stressful as I thought it would be, this online system makes it all very convenient.

There were a few things only I would like to verify to be sure everything is ok and then I should be good to go.

 

1. I have been married to my US Citizen spouse for more than 3 years but have not been a permanent resident yet for 3 years, but am within the 90 day window leading up to those three years. Still what comes up on the screen is this:

"You have been a lawful permanent resident for more than 3 years and your spouse is a U.S. citizen". I have not been a permanent resident for three years yet. Is that a sort of glitch ?

 

2. On my green Card my given name is written as first name plus Middle Name initial. "Mid W" and my surname is "lover" In one of the questions I am asked 

" What is your name exactly as it appears on your Permanent Resident Card?"  Asking for Given Name Middle Name and Surname. Do I write "Mid W" as first name then and leave the middle name blank or do I write my middle name Initital into the Middle Name box ? Do I make sense here ? 

 

 

3. I did NOT register with the Selective Service as I was indeed in the country between age 18 and 26 but only as a NON-immigrant (Student Visa) which from what I understand made me not have to register. When I received my conditional green card I was already older than 26. For some reason I still get this when reviewing my application. and am wondering if this is a glitch as well or if I really have to prove I did not need to register.

 

"Since you indicated you are 26 years old or older, but you did not register with the Selective Service System, you should provide a status information letter from the Selective Service with your application."

 

 

Lastly, two more general questions. Assuming I find answers to the questions above, I think I am good to go. How many of the non mandatory documents like tax etc. should I send right away ? Can I upload them after hitting submit ? Will it slow the process down if I wait until the interview with those documents ?

 

And: What if I accidentally missed something or entered a wrong date: There is one former employer who has a different hiring date on file than I have for some reason (three days off). And there is one trip I took 4 years ago when I am not sure if I returned on the first day of a month or the second and can not seem to find any evidence anymore. Would that become a problem ? Also, I wrote explanations for the two speeding tickets I got a long time ago. I received a few minor parking tickets over the years for returning a few min. late to my meter mostly. I know that I always paid everything but I do not have documentation anymore if it was 5 or 7 instances over the years. I described that in a written explanation in which I also described one of the speeding tickets, is that ok ? I kept all the explanations very short but accurate, unlike this email, I am afraid. I made sure to   include that there were no further consequences other than me paying for the ticket. Should I also apologize in the explanations ?

I think that should be it. Thank you to everyone who contributes time and care ! 

 

 

I think that the 3 years comes up because of the 90 day window - just make sure you are within that 90 day window and not early...  You may even want to be on the safe side and not file till 80 days before.  However, don't quote me on that one...

For 2 - I think you stick to how it is on your GC - exactly as it is on there...

For 3...  If you are over 31 now, the point is moot; you would be within 5 years of "good moral character" with that, and it is beyond the statute of limitations, and you'll see no question about it.  If you younger, and were not required to register, you should not need anything, but getting a status information letter is easy, and won't hurt your case.  You should not have to file it with your application, but have a copy on hand for the interview in case it becomes a question....  The scenario is simple - you were an alien admitted in a non-immigrant category during the ages you would have been required to register, and thus you did not.  Interestingly, only aliens admitted in a non-immigrant status are exempt from registering - any immigrant visa holder, citizen and non-documented alien is also required to register...

Submit what you have available; if it is not immediately required, make sure you have them available for the interview.

As to dates for certain aspects - don't sweat it too much...  A good bunch of my dates were marked as approximations, and as long as the total stay out of country was clearly below any threshold there was no issue.  I did have them as accurately as possible, but then mentioned that there were a number of visits to Canada that I have no record of - each lasting a day or two, occurring roughly, on average, 1.5 times a year over a 10+ year span.  As to a date of hire, I had to call our HR side (which is one of the partners in the small business I have worked for), and after a good amount of searching, they could not come up with an accurate date either.  In the end we put our heads together and estimated the actual date somewhere back in 2000 as best as we could, but can't say for sure when exactly that was either...

If there is any question about any of it at the interview - as long as you are honest as to why you don't have the exact date and time, and it is a reasonable explanation, then even if they ask they will typically be understanding.  Just so long as it is not the case for all the dates and so on.  Basically, common sense goes a long way....

On 2/26/2018 at 1:09 PM, lovethemidwest said:

Thank you guys for the help. I definitely will add the tickets then, I do not have proof of when they exactly happened anymore or how much they were but they were certainly less than 200$. The last one occurred in the fall of 2014, that I am sure of.

 

Also, this is going to be my very first online interaction/USCIS account ever. I once filed a change of address by email, and I must have named my email address on the ROC form. However, now I have a new one that i use strictly for more serious questions and correspondences, do you think it would be a mistake or confusing to USCIS to use that new email address?

 

I have asked that in another post already but as that was not my topic I did not want to hijack it, I got one answer that adviced it was not an issue but to make sure, I cask again. Thanks a bunch !!!

I had two traffic tickets to deal with on my N-400 - one that was relatively recent, and I had all the supporting paperwork for it, but the other was close to 17 years ago, and I knew only that it was dismissed, and that I got it somewhere in Brooklyn... 

No questions were asked about either other than if they were under $600, at which point they were deemed to be non-issues.

Ask the company - they all handle things differently, and may have a probationary period during which you are not necessarily eligible either...

10 hours ago, MiraW said:

Of course it’s not a problem... the oldest person at my oath ceremony was 80. I highly doubt she’s employed. The person sitting next to me was a grad student too.

Ps. Filing based on the 3 year rule would mean you need to provide marriage evidence, such as comingling financial records. 

This is what I was trying to say - the evidenciary paperwork that you don't need with a 5 year rule petition...  You don't have to go through the trouble to get it all together, nor does the IO have to sift through it...  Again, this was the recommendation from my previous attorney based on the fact that I qualified for both.

I also don't recall seeing any questions about income, other than the requirement for tax returns, but I suspect that was more along the lines of verifying that you are filing and paying rather than to verify any income level.

Once you paid your fine, there would be a disposition on the case, which appears to be sufficient...

14 hours ago, SSNT9777 said:

"You indicated that you have been arrested or convicted. Therefore, please submit certified copies of court records indicating the charge and final disposition etc etc...

 

If dispositions are unavailable, you must obtain a certified letter from the court stating that there is no record."

 

This part seems simple enough, except for the fact that I never indicated that I had been arrested or convicted - I received a ticket for underage drinking in 2002, and I mentioned quite clearly on the app that there was no arrest - they wrote me a ticket and I walked home. I plead no contest, paid $150 in court fees and the charge was removed from my record. Getting a court letter stating there is no record should be possible, but the second part is a bit confusing:

 

"In addition to evidence establishing that court documents are not available, submit a notarized statement detailing the events that lead to the arrest, what charges were filed, punishments"

In getting a ticket, and pleading no contest, you were in fact convicted of the offense of underage drinking, from my understanding.  In paying the fine for the ticket, you acknowledged that liability, and as a result, there should be a disposition to the case at the court.  There may be nothing directly on your record, however there will still be a disposition to the case, which the courts should be able to pull up for you assuming you have enough information available to you to allow them to do a sufficient search through their records...

If the sentence "If dispositions are unavailable, you must obtain a certified letter from the court stating that there is no record." and "In addition to evidence establishing..." follow each other, the second sentence would seem to indicate that a notarized statement would only be required if you are unable to obtain any records.  If you are unable to get any documents, then you would be required to get a statement from the court that there is no record available, and then write a statement about the events, and sign it in the presence of a notary - that is how I would read that, but as the old saying goes, "I am not a lawyer..."

Just no need for the familial proof paperwork - just having been in country is enough.    I did not end up having to show anything special - simply the application...  I did send the basic requirements of paperwork, but nothing else was ever asked for...

On 2/21/2018 at 10:12 AM, aloma said:

I have lived in the USA as a PR for 7 years. I could either state I have been married to a USC for 3 years or say I have lived in the USA for 5 years.

Go for the 5 year rule - less paperwork and less hassle...  This was exactly the advise that I was given by the lawyer that had originally handled my GC application when I asked him to do a once-over on my N400.  I was eligible for either, so in his opinion there was a chance that the 5 year rule would get you through faster as well since there would be less paperwork for them to handle (and potentially lose...)

Good luck!

You were in the US on a non-immigrant visa between 18 and 26 - that does not require registration..  If you changed to an immigrant visa later, then you are OK.  If you were in the US in any other status (immigrant visa, or non-documented, overstay, etc) between 18 and 26 you would have been required to register.  However, being i the country on a non-immigrant visa does not require registration.

K

I'll answer a little bit of this, though I did not go through the 3 year process, so I can't say all that much about that side of thing specifically...

- If you were here on a nonimmigrant visa (eg F1) until you gained residency at age 28, then no - you did not need to register with SS, and no issue there.  If you were here under any other status than non-immigrant (even if you overstayed your visa) you would have been required to register.

- I would advise getting disposition records on the tickets, though if the tickets are below $600, they don't really care about them.  However, you *should* report them regardless.

- I believe you can use one check, or you can pay online with a credit card.  You probably want to get further clarification on that, but my understanding is that one check is OK.

- Pictures are required per the documentation...

- For taxes, you could file now, and thus you'd have the full 3 years...

HTH

33 minutes ago, Wuozopo said:

And that's faster than starting two years earlier? 

Well - yes, if you are already eligible for either...  In other words, if you are eligible for the 5 year policy, then use that and not the 3 year one...

For me, I would have been eligible for a 10+ year one if there was one such as that, so the amount of time that I had been here already didn't really make any difference, it was just the amount of time it would take them to process..

I qualified under both the 5 and 3 year rules (not VAWA though), and decided to check with my attorney from way back when I got my LPR set up... His advice was to stick to using the 5 year rule regardless if you are eligible for it, since it requires less paperwork and is simpler for both you and the USCIS - less work = faster processing was his thinking.  Even more importantly, less paperwork to submit meant less time on my end digging it all up and getting everything ready.

I don't know if it would have taken any longer or not, but that was the recommendation then...

One would *assume* that since the USCIS approved the petition, they should simply be able to forward a new copy of the NoA to NVC without anything else...  At least that would be the common sense thing for them to do...

Now - what exactly will happen...  No idea...

Good luck!

Take any estimate with a (huge) grain of salt...

The field office processing timeline will generally give you a good idea of when you can expect the process to be finalized IF there are no oddities in the process.  However, it is very possible to get through faster or slower than the timeline. 

My interview and oath were about 2 1/2 months late based on the field office processing time, but I know of people who have gone through much faster.  In my case, the file was stuck at NBC for (presumably) background checks, so the field office could not do anything about it.  It is hard to say who gets stuck with a lengthy background check, but I would assume that if you have a common name or have been in country for a long time, that process will take longer.

Not a process you can do a whole lot about, though...  It will happen when it happens.  The only consolation is that you will typically get advance notice about a month before your interview, so most plans can be worked around...

The US requires entry/exit for nationals using a US passport, and apparently Canada does too now.  However, the EU regulations do not have that kind of wording in it, though I find it much easier to enter the EU with an EU passport, since generally it allows me to pick any lane (including that for non-citizens), or even use the automated gates for entry.  My wife is a US citizen only, and as long as we travel together, she can join me in either line as well, allowing us to always pick the shortest possible line...

Obviously, entering the EU (for me) on an EU passport also means that I can stay as long as I like, and they cannot deny entry - though that is not a concern..

I had mine at a courthouse, but with about 30 others...  The judge seemed genuinely happy to do these, and I've actually seen a video on Youtube with the same judge, and he does seem to be very happy to have happy "customers" for this one occasion.  Obviously, less banter between us and the judge, but among other things, he stated over and over that this was to be our day, and he was there only to facilitate.  You want pictures - take as many as you want.  You want pictures with the judge - he wasn't going to be going anywhere until everybody was satisfied they had as many as they wanted. 

Walking up to him for my certificate, he joked that I was the one to blame for the cold weather that we were having at the time (being from Finland), to which I quipped back that it must actually have been our Canadian friend there, since Finland was at the time basking in roughly 45 degree weather... 

A good experience, no doubt!