Mark UK

DA,

Recently, I was approved for a GC and received my 'WELCOME' letter to my new address. I moved house in April and updated the CIS via the web site and received the confirmation letter a week or so later.

Curiously, I noticed last night that the 'WELCOME' letter had my old address on it though we are pretty sure that we received direct to the new address. So, I called CIS up and they said that address changes can take up to 45 days to move through the system.

In the meantime, I have yet to receive my GC. Does it come through the 'normal' letter mail like the I-765 did or does it require someone to sign for it?

TIA,

Mark

Thanks, guys,

So, basically, the steps are:

2 years minus 90 days after I receive my GC, I apply for removal of conditions

3 years minus 90 days after I receive my GC, I apply for naturalization

Whenever CIS gets to a stage in my naturalization process, I'll be interviewed

If approved at the interview, I schedule an oath ceremony

At the oath ceremony, I hand in my GC and get a nice shiny certificate

Will I most likely have to attend an interview for the removal of my conditions? I expect I definitely will need to for the naturalization.

Also, I am hearing conflicting reports as to whether my wife would need a passport to go across the Friendship Bridge at Niagara and into Canada. I think I'll take your advice over my co-workers as you live near the Falls, Laura . However, I'll pester my wife to get a passport as we'll need it if we go and visit Britland next year.

Thanks a lot!

Hi, there,

Yesterday, I got an Email stating that my Green Card had been ordered. And that I should expect it to arrive within 30 days. Yippee!

However, today, I got an Email stating that I have been mailed a welcome letter stating that I should receive my Green Card within 60 days of this registration or after I complete any ADIT processing referred to in the Welcome Letter, whichever is later.

What is ADIT processing? And should I expect to receive my Green Card soon or wait for a while?

TIA

Mark

Dear all,

It looks after a delay of six months (short by comparison to some here, but it felt like a very long time!), the CIS have ordered production of my I-485.

What is the next step for me? I know that my Green Card is conditional based on marriage and I think that I have to apply in two years’ time to remove those conditions. I presume at that point, my wife and I will be called in for an interview to ensure that our marriage is bona fide. Is it at that point that I can apply to become a naturalized US citizen? If so, how long does it take (roughly, of course) for me to become naturalized after I apply?

Finally, I can leave the country once I have the card in my paws, right? Niagara here I come…

(Does my wife (USC) need a passport to cross the land border at Niagara Falls? Or do USCs only need passports to go to Canada if they fly?)

TIA

Mark

Dear all,

I got a strange case update for my i-485 application this morning. Apparently:

Current Status: This case is now pending at the office to which it was transferred.

The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that was transferred to our CALIFORNIA SERVICE CENTER location is now pending there.

This status is the same as it has been since it was transferred in December 2006. I don't know why I was sent an Email telling me this, though it does say it was last updated yesterday (05/11). A similar thing happened four months ago, but I put that down to a system blip. Has anyone else had this happen?

TIA,

Mark

Thanks for the help guys, it's much appreciated!

Dear all,

Recently, I moved into a new house (after a particularly arduous mortgage process).

I have advised the CIS of my new address and that appears to be taken care of. I’m going to change my address on my driving license and the bank/credit card accounts, etc.

Do you know if I have to change my address with the Social Security Administration?

Many thanks in advance,

Mark

Salad cream! Ick - how anyone can eat that is one of the deep mysteries of life.

Instant coffee is another -- I remember going to some poncy cafe in Brighton and getting served instant coffee for which I was charged one pound. #######? they must have made 1000% profit off instant coffee. although I there was one brand which was not so bad, I've forgotten what it was called.

The cost of living, chavs, the outrageous house prices, chavs, the impending house market/economic crash that is inevitable due to the fact that the economy is entirely service-based and house prices are vastly beyond the reach of the average wage earner, chavs, city centres on a weekend night (because of chavs), chavs, the tabloid newspapers and that idiot culture that they spawn (chavs), chavs, xenophobia, chavs, money making speed cameras, chavs, the crowds (of chavs), the Middle England mentality, chavs, NIMBY, chavs, petrol prices, chavs, VAT, chavs, the fact that restaurants charge you for a refill.

And chavs.

Typical bait & Switch tactic! Then they say that the "good faith estimate" is just that - an estimate made n good faith but which you can't hold them to.

(as a guide here are the current average rates - National Averages: Low - 6.00% Average - 7.53% High - 10.75% )

We nearly fell foul of the same tactic and now have a friend who works in the mortgage industry who told us to be aware that most companies try to use this trick. If you want to PM me I can give you his details so he can perhaps give you some solid advice - no strings or anything.

I don't know what to suggest in view of your timescale deadline but if your credit history is as good as you say there shouldn't be any problem whatsoever in getting yourself a great rate somewhere else.

Here are a few examples of “bait and switch” tactics to avoid:

Advertising low interest rates and points, but making it up with undisclosed very high closing costs. An extra, undisclosed $1,200 in closing costs and fees is the same as a discount point on a $120,000 loan! Some lenders that advertise low interest rates have huge fees that serve as hidden discount points.

Offering a “no closing cost” option and making it sound like there are no loan fees. You can get a “no closing cost” loan from almost any mortgage lender if you choose to have a higher interest rate or a larger loan amount. This is not necessarily bad unless it is presented in a deceptive way.

Advertising a low sounding interest rate and not disclosing high fees to you until after you have paid a non-refundable “application fee”. An honest and ethical mortgage lender should not have to collect an up-front application fee that you can’t get back if the deal turns out not to be as good as you first thought.

Advertising for refinance that claims “no out of pocket expenses” without explaining that your closing costs are either added to your loan balance or the loan has a higher than market interest rate. Again, not always a bad idea, if it is properly disclosed up front in the ad. Otherwise, it is a “bait and switch” tactic. There are no free lunches!

Advertising interest rates and terms that are not really available. This is a very common practice in the mortgage industry. Mortgage lenders who advertise their rates know that they only get your interest if the rate they are advertising is the lowest. Consequently, many will offer a low rate that they cannot actually deliver to you! They avoid the legalities of false advertising with numerous disclaimers. “The rates had to be submitted days before going to print and those rates are no longer available.” (They never were!) “The rate quoted was for a loan larger than yours.” (Or the lock period quoted was shorter than the one you need. Or, or, or ….. It’s always something.) If the rate looks better than the current market dictates, they cannot deliver the loan and you should not reward that lender with your business!

Check out this website which is quite helpful : https://mortgagetrap.c3.ixwebhosting.com/baitswitch.htm

Wow. Thanks a lot for that. I do think we've fallen foul of a couple of things in here at least.

I've made it very clear to the mortgage agent that I absolutely will not pay that rate and I'm willing to walk away. However, my wife is upset with that stance.

I think with the timescales at present, we are looking at either getting hit with the higher rates or losing the house. After four months of searching for a house, it seems awful to have to walk away now.

It's really sad how this does not appear to be isolated cases but potentially industry wide.

Are mortgage companies/banks able to use my immigration status as an excuse to give me poor terms – such as increasing my interest rate (which I suspect is what happened on Friday)? We, according to two separate places, have ‘A1 credit’ and we have a relatively high level of disposable income, no credit blackmarks, etc.

Mark--what happened on Friday?

What rate is your lender offering you (and with what point buy-downs etc). Is is competative to what you've seen elsewhere?

Did your lender change your rate offer? What did the broker say?

Basically, to free up some cash for kitting out the new house and to avoid paying PMI, we are taking out an equity loan at what was 9.25% for a part of the sale. This was a little high but they claimed to be able to go 'straight to close' without any income checks, etc, because our credit was very, very good - so we figured that when we sold our 'old' house, we'd pay off that loan quickly.

However, we receive the loan papers on Friday and that 9.25% is now 10.4% without any warning and within a three days of the original closing date (very little time to get it changed!). For no apparent reason. The mortgage agent has no explanation and is very sheepish, though occasionally mentions 'the markets' (a 1%+ increase?). I ALMOST got him to admit it was because of my 'citizenship problem' but he stopped just short.

Our problem is that we have a hard deadline of Wednesday (put back to Friday) else we will lose the house (as there are complications with the sellers' bank). And I think the bank know this.

Either I'm unlucky with banks or they're all terrible here....

What is the I-551? Should I require it in my circumstance or is it something out-of-date that they're referring to?

It's evidence of Permanent Resident status; you're not a PR yet. An I-551 stamp would not show your status as PR was pending.. you can't get one until you are a PR.

Did you at any point claim to be a PR to the lender, or did your mortgage broker decide that you were one (they sometimes do). Do what 'becca suggests. They can not deny you the loan, but they may not offer you the same terms. Is your income part of this loan?

Hi, there,

Thanks to all for your replies.

At no point did I claim to be a PR. In fact, I made it very, very clear that my application was pending and that I was not yet a PR.

My income is the sole income for the mortgage. I’m down as the borrower and my wife is down as the co-borrower (she’s the USC with excellent credit).

We’ll see, I suppose.

There's no "I suppose" about it.

Only a sub-prime lender would insist on a higher rate because you are not yet a PR.

Stand your ground.

Are mortgage companies/banks able to use my immigration status as an excuse to give me poor terms – such as increasing my interest rate (which I suspect is what happened on Friday)? We, according to two separate places, have ‘A1 credit’ and we have a relatively high level of disposable income, no credit blackmarks, etc.

Today, finally after quite a long time we got touched again...BUT the Status notice that I received thru email was the same as I received back in january (I-485: has been transferred to CSC on feb 06 , I-765: received application on january 24). Does it mean they lost track on our case and just now forwarded AOS to CSC?

I had a similar experience but am two months further down the line than you. I have no idea what it means but I’ve not had any updates since then so I can only assume that I’ve been placed in ‘Namecheck Hell’ or something of that ilk. Hope you hear of progress soon.

Thank you for the information!

I'm not sure how many companies out there will like the idea of hiring someone who could potentially have to take a break from working if their green card doesn't make it before the 90 temp expires.

yuck. That will be no fun to explain in interviews! This process seems never ending right now...sigh.

Your best bet is with a company who have had experience like this in the past - my boss did the same thing and so was understanding. I made it absolutely clear in the interview what the situation was and they accomodated me. I also made it clear that the company would at no point be asked to financially support the process (they were more concerned with that than anything else).

Luckily, there was only a two week overlap where I had to take a break from work between my temporary EAD from JFK expiring and my receipt of the year-long EAD. So it wasn't so bad.

I got lucky, I have to admit. It may be that you aren’t as fortunate as I was (sorry if you’re not). I expected not to work until I had a more ‘permanent’ EAD but it’s funny how things work out sometimes. All you can do is try. Just make things clear every chance you get and good luck!

What is the I-551? Should I require it in my circumstance or is it something out-of-date that they're referring to?

It's evidence of Permanent Resident status; you're not a PR yet. An I-551 stamp would not show your status as PR was pending.. you can't get one until you are a PR.

Did you at any point claim to be a PR to the lender, or did your mortgage broker decide that you were one (they sometimes do). Do what 'becca suggests. They can not deny you the loan, but they may not offer you the same terms. Is your income part of this loan?

Hi, there,

Thanks to all for your replies.

At no point did I claim to be a PR. In fact, I made it very, very clear that my application was pending and that I was not yet a PR.

My income is the sole income for the mortgage. I’m down as the borrower and my wife is down as the co-borrower (she’s the USC with excellent credit).

We’ll see, I suppose.

Dear all,

We're in the process of closing on a house (after a long, long search) and we're into the last week of the process now.

The underwriters for the mortgage company are asking for an I-551 stamp in my passport stating my application for permanent residence is pending.

I do not have such a thing: I have my K1 visa, my I-94, my EAD and my receipt of application for my permanent residency.

I've looked on CIS and it seems to be for when you've gone for an interview and have had your GC application approved pending a namecheck or something, though I'm not 100% sure.

What is the I-551? Should I require it in my circumstance or is it something out-of-date that they're referring to?

Many thanks in advance,

Mark

thanks Mark - i think i need to call a US attorney. I've tried different people @ uscis and they don't seem to understand the question!!

Also - i called the tax office this morning - and since I'm leaving in May - I will only get a tax rebate from the 5th April 07 - so if i do stay with my UK employer then its actually more beneficial as i will get peanuts in tax rebate.

So - if i work for my UK employer for 3-6 months (from home in the US) and pay UK taxes and National insurance, then i don't need to worry about EAD until i get a job with us USA employer ?

Yeah, to be fair to them, it is a relatively complex question and they are helpdesk staff rather than lawmakers. But I understand your frustration - I had the same problem. I had to get tax people and legal people in the company I worked for to help.

Ah, if you're leaving in May, then, yes, I wouldn't worry about the UK tax rebate

EAD enables you to work with an United States-based employer - so, no, you don't need it to work for a UK-based employee. However, your company's legal department should confirm that there are no legal problems - such as insurance, workplace safety, etc - which might need to be addressed.

If I were you, I'd apply for the EAD in case you need it in the short-term future (it takes 180 days from receipt of the application to receive it). It's better to have it in your hand and not need it than needing it and not having it in your hand.

Some immigration attorneys are meant to be good - I've never used one myself, but it's better to blame them if you ever get a problem than have to plead ignorance :-)

3. Attempt to apply for a secured credit card (these sometimes work for people with no or very little credit history; however, there is generally a small credit line attached to the card itself, something in the area of $300 to $500 for new users).

Just to add that you could get the secured line (max is $ 500) with "deposit" of $ 99.

I can confirm that a secured card is the way to go. I'm not sure what max you're referring to,

it's usually only limited by the amount of money you use as collateral.

My wife's credit score is EXTREMELY high and she put me on her credit cards when we got married. Since then, we bought a car together, got a mortgage, I got a job and I transferred my American Express card from the UK. My score is now relatively high.

Be careful that some banks, even with a very high credit score, will not give you credit because you have not had a credit history for very long.

If you have an American Express, they are willing to transfer your credit history over to the US and give you an US-based card. Though you won't transfer ALL your previous credit history, it will count for something.

I have a suggestion: Install a small camera/microphone and record her next three or four outbursts and the events leading up to them. You know the camera is there but she does not. This can be done for under $200.00. A small price to pay for a little bit of leverage. After you record a really good confrontation, make a second recording of everything and store it off-site in a safe location. Then show her the tapes, and see how she reacts. Tell her that any future outbursts will not be tolerated, and divorce her at the next one. You'll quite likely walk away with the children and the bulk of the assets, leaving her with what she deserves... not much at all!

I had a family member like this. All I can say to you is that:

• presenting evidence of their behaviour to the individual did not do any good, despite confronted by it, they still refused to admit they had a problem and got even angrier that you dared to suggest they had a problem
  
• any threat to 'escalate' such as divorce proceedings backfired and made the situation a LOT worse
  

The family member had some major self-denial issues and - whilst I'm no psychologist - the fact your wife is not remorseful and acts like it never happened the following sounds like she might have the same problems. And, you know what, this family member managed to convince 'the outside world' that she was an angel - so no-one would have believed us if we ever told anyone who, for instance, worked with her.

The first thing I thought when I read this was 'bipolar'. However, reading further makes me think your situation is similar to the one we experienced in our family. If so, I feel very bad for you as you must feel completely trapped and helpless. However, if you're willing to do it, I would use the 'divorce' carrot and whatever you do, for your own safety and for your child's, record as much evidence as you can. If the worst happens and you divorce, your wife might end up with the baby if you don't document and verify things - because she sounds like she might be able to persuade anyone that she is a wonderful person. If that happens, then there is a possibility the child could take a lot of this abuse instead of you. This is not your fault, this is a problem with your wife and that problem is not going to go away if you and her split.

Of course, the best situation is that your wife realizes she has a problem and you resolve it as a family. Please don't think I'm judging your wife, I'm really not. I'm just trying to give the best advice I can based on my personal experience. I really hope your family manages to work this problem out and I really feel sorry for you.

my uk employer wants me to extend my notice period so that i can transition my work. I suspect he will want me to stay on for 3-6 months to hire a replacement for me. They would still pay me in the UK and get taxed there.

Would this be illegal if I was in the states on a K1 visa? I'm hoping to enter on the K1 in May so need to get this finalised asap. I've tried USCIS but no one speaks good enough english to explain..

I looked into this but my company's (a large multinational IT firm) legal department vetoed it due to tax and insurance issues. Their policy was to treat me as though I was a US employee rather than a UK employee - even though I would have been working with my UK team whilst telecommuting in the US. Something to do with workplace liability came into it too.

There is nothing stopping you - or at least no-one told me about anything and I asked a number of qualified people - being paid in the UK and being taxed in the UK. You are a UK citizen after all and have a right to work there. The ineligibility to work without an EAD or Green Card only applies to US employers. HOWEVER, you should bear in mind the tax implications. It's possible to apply for a UK tax rebate when you leave the country but obviously, if you've left the country and yet are still being paid in the UK (and paying UK tax), this will be heavily impacted.

Obviously, please do not take my advice as law. I do think that the US CIS helpdesk or an immigration attorney would be of more help.

I went through the same thing. It drove me absolutely crazy to stay at home, especially when my wife was working 14-16 hour-days (2 jobs) in order for us just to get by. I had a well-paid job, great benefits back in the UK, so I’d managed to bring a bit of cash over - but we were quickly burning into it with marriage, honeymoon, supporting kids, etc.

I occupied myself with keeping in touch with people back home, going for rides on my bike, playing with the dogs, playing guitar, doing as much housework as my wife let me do and I was able to go with her to one of her jobs and spend some time with her that way. I was able to keep busy, but I felt really bad for not being able to contribute financially.

Once we were married and I’d completed the paperwork for the AOS, I applied on the jobsites for work (I had a 90-day EAD from JFK). Luckily, I found a job straightaway which means that my wife has been able to leave both her jobs and she’s able to choose what she wants to do, which is an important thing for me (I’m traditional in thinking that as the husband, I have an obligation to be the primary provider in our instance, sorry if that’s sexist). I had to stop working for a couple of weeks until my EAD came through but apart from that, things have been great – though I’m the one who has to work 14-16 hour days because work’s so busy.

What I’m trying to say is that you should hang on in there. It’s tough but there is light at the end of the tunnel. It will get better, it’s just you’re experiencing what I found to be the worst part of the whole process at the moment.

Hi ALl.

I moved to the USA in November 2006, and got married on a K1 fiance visa December 1st 2006.

I was self emplyed from Jan 06 - Nov 06 when I left. I didnt file a tax return before I left, or notifly them I moved abroad. I have been ignoring it hoping it will go away.......I think I needed to file this JAn 07 for the end of that tax year, and then what do i do with this tax year?

I have 2 questions (morals aside)

1; Will the USA find out when I do AOS and could it effect me?

2; Will the uk tax people find me, or just ignore it if i am not at that address.

I feel so bad about this and keep putting off doing anything cos I know I dont have the money for a tax bill, and I figure with a new name in a new country it wont matter? I know thats bad....Any ideas anyone?

I did pay tax as a PAYE before I went self employed.

I really wouldn't ignore it. I would get in touch with the Inland Revenue and arrange a payment plan.

I don't think that they will 'find' you (at present), but I think they add interest on overdue taxes. So, if you want to go back to the UK (never say never...), in, say, ten years' time, you might find you have a particularly large tax bill on your return.

Of course, it could be a matter of time before systems across countries get 'joined' up, so I really would get in touch with them. If it were me, this would be making me very anxious because I hate having things which hang over me like that.

I think the food over here is great. I've put on too much weight but my wife is a great cook - I just can't help myself.

Mmmm. Peanut butter. Mmmm.

Yes you can do it for a Private pension but not for a pension plan done through your UK employer.... I have tried and was told nope cant be done... I now have 2 pension plans that are sitting frozen in the UK that I will claim when I reach 65..

Kez

My pension/investment plan was done through my UK employer. However, I wouldn't be surprised to hear it was outsourced and therefore classed as a 'Private' pension.

*edited because my PC sent the same thing twice*

I asked both my UK pension companies about doing just that and I too was told not possible.... would love to hear from anybody who has managed to transfer a UK pension to the US...

Kez

I've been told that it is possible to transfer a private pension/investment plan to the US.

I have an investment plan - I wasn't old enough to be considered for a pension plan by my employer - in the UK which I stopped paying into when I left in October. The company I'm with in the US offer a 401(k) scheme and I asked the plan administrator about moving it over. I'm in the process of doing so now. Basically, I transfer my UK investment plan to a US-based IRA (because I want to cash some of it out to kit out our house) and then into a 401(k).

Apparently, this is possible. You have to ask your UK plan administrator for the 'distribution paperwork'.

Mark