MoaM

Can I travel and return to the US while in the process of removing conditions? I got my temporary 18 month extension in November. Not sure with everything that is going on in the world so thought I'd check. Any help/insight is greatly appreciated! Thanks!

Ok thank you so much!! 

Thnak you! I'm reading now this service is only available at at Lockbox facility, I don't know if the AZ office counts as a Lockbox? 

USCIS
P.O. BOX 21200
Phoenix, AZ 85036

Ok thank you! 

Ok thank you so much! 

I live in California and from what I understand I need to submit to AZ. Should I file G-1145 with my I-751? 

Is that yes to I can travel or yes to I need to wait? 

My green card expires end of November and I am just about to submit my -751 removal of conditions. I am planning a trip end of October for only a couple of days.  Can I travel after submitting i-751, but before I receive my extension letter (while current green card is still valid)? Or should I wait to file until after I get back from my trip? 

Thank you! 

I am just about to submit my i-751 removal of conditions for my green card that expires end of November. Can I travel before then, once submitting or do I need to wait for my extension letter, and if so, how long does it take to get my extension? I had a family emergency and would like to be able to go back soon. 

On 9/19/2019 at 2:53 PM, Hawksquill said:

1) Yes, you need to submit the biometrics fee for every petitioner (basically, if you were applying for spouse + 1 child, you would pay the biometrics fee twice)

2) Yes, you can travel and you don't need to apply for AP.  When you submit the petition, you'll receive a letter of extension for your green card, probably for 12-18 months.  You can travel with both the green card and the letter without problems.

3) That depends where you're filing from.  You can filter timelines on VJ or check the USCIS website. 

4) The instructions specify that a cover letter is required.  You also need to submit a copy of the front and back of your green card.  The other evidence is to prove bona fide relationship - send as much as you can, basically. 

Thank you so much for this! 

4) Can you possibly link to these instructions please? I read the instructions here https://www.uscis.gov/i-751 but can't see anything about cover letter? Just want to make sure I am not missing anything and reading the wrong thing. Or is there a sample cover letter on this forum or something? 

Thank you again so much 

I am filing i-751 to and am still married to my spouse and am filing from the US. A few questions: 

1: After reading the instructions, I am still unsure if I need to submit the $85 biometrics fee? 

2: Can I travel outside the US after/during  I submit my application? Or do I need to apply for advance parole? My current green card expires end of november and I am looking to go on a trip end of october.

3: What's the timeline currently from when I file? 

4: Aside from evidence and filing fee, and G-1145 do I need to submit any other documents/proof? Do I need a cover letter? 

Thank you again for an amazing community! Crazy how fast my 2 years went by and now I'm back here! 

Me and my husband are going overseas for the holidays. My green card has my married name and my passport (sweden) has my maiden name. Can I travel back into the US if I bring my marriage certificate that reflects the name change? 

On 10/19/2017 at 9:57 AM, Aviinashh said:

A lot of July filers have been receiving their EADs and two of them(K visa) have got notice that their I-485 is approved so no interview for them. Have little more patience and you will receive your EAD very soon

Ok I finally got an update that my interview has been scheduled but still no EAD and AP (day 95 today). I should receive my temporary ead and ap card before the interview, right? Sorry I'm freaking out cause I have a really good job offer but it means I have to leave for a few days in December. 

Thank you so much for your reply 

Is it normal that it takes more than 90 days to receive your temporary EAD and AP document? My case was recieved in Chicago on July 24 and I had my biometrics appointment about a month later. When I check my status online there is no new activity other than "we received your case on ..." . My i-485 which says its ready to be scheduled since back in early September.  Comparing to other timelines here it seems I should received my temporary work permit and travel document by now. Does anyone have any experience in this? Checking cause I might have a job I really need to leave for in december. 

Thanks 

1 hour ago, Going through said:

That section applies to people who have either entered illegally, or overstayed illegally.

 

This is from the USCIS website:

 

What is the Section 245(i) provision of the Legal Immigration Family Equity Act (LIFE Act)?

 

A1. Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status previously was limited to eligible individuals who were the beneficiary of a visa petition or labor certification application filed on or before January 14, 1998.

 

Q2. Who are the "certain persons" covered under Section 245(i) adjustment of status?

 

A2. Those covered by the provision are listed at Section 245(a) and (c) of the Immigration and Nationality Act and include individuals who:

Entered the United States illegally;

Worked in the United States illegally,

Failed to maintain continuously lawful status,

Entered under the Visa Waiver Pilot Program,

Entered as foreign crewmen, and

Entered as foreign travelers in transit without a visa.

 

Q3. Am I eligible for Section 245(i) adjustment of status under the LIFE Act?

 

A3. To be eligible, you must:

Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or

Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and

Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998. 

Thank you!! 

My current visa expires on August 1 (so in about a week), all that matters is that I submit before this date, correct? 

Is g-325a still required when filing for green card through marriage? It has been replaced with i-130a correct? 

Just now, Going through said:

Your first post said "my spouse green card application was denied..." so now I'm confused.

I meant that I was applying as a spouse for a green card, sorry if I confused you

1 minute ago, MoaM said:

My husband is a US citizen. He was born here

And as for me, I entered legally as on O1 temporary worker, have never overstayed 

Just now, Going through said:

I wouldn't know if this would be relevant to your husband's application because I don't know whether he overstayed, entered illegally, etc.

Without that info, I can't answer your question on whether INA section 245(i) applies to him.

My husband is a US citizen. He was born here

Resubmitting my i-485 and am unsure if I'm applying under INA 245(i) or not? I am currently legally in the  as an O1 visa, and am applying for AOS because I married my husband. 

Thank you

6 minutes ago, Going through said:

No you don't need to send all that.  You are now submitting the application as though you never submitted it before.  Since they never cashed your check, you are starting at square one again.

ok thank you!! Also do you know if i apply for adjustment based on INA section 245(i)? Just saw something about having to fill out supplement A which costs an extra $1000???

On 7/21/2017 at 9:58 AM, GabiMatch said:

Leave derivative applicant in blank this is used for kids that are going through the process with a parent that would be the principal applicant.

I had my package sent back to me because of an outdated form of I-130, I also called and I felt like they didn't know what they were talking about, anyway, I sent everything new, except for the checks and the pictures (I sent the same one that I sent before), all the forms and supporting documents where new.

It was actually good, because I could find some dumb errors that could have caused me a lot of problems (mistype errors and unfilled parts) took me one day to put everything together again, since I originally made 2 packages, one to send and one to keep, exactly the same (I just put copies of the pictures and checks on the package made to be kept). So I knew exactly the order of the documents in the package, all that I did differently was to place the green letter on top of the package.

Right now I'm anxiously waiting for my interview letter and hope that nothing is going wrong, it's been 5 weeks since my package delivery and I already did my biometrics last July 3rd.

Good luck to you!!!

Peace!

Thank you so much!! Did you include all the i-797's when you resubmitted, and if yes did you put them infront of the form it belonged to or at th e end? Also how long did it take you to get your biometrics appointment? Sounds super quick!! I'm sure nothings wrong with your application, good luck with the rest of the process

23 hours ago, Going through said:

That's really weird it was sent back to you like that....looks like they had begun processing it before realizing you had submitted the wrong form.

 

Play on the safe side and just resubmit everything as though it were the first time you were putting it together.  Hopefully the items they removed are ones you have photocopies of...

ok thank you so much. Yes I have copies. Also, should I include all the i-797's I received with my rejected application with the new application? In front of the form it belongs to, or at the end? Or not at all?? Thank you so much your answers have been super helpful. 

4 minutes ago, Going through said:

The numbers are on your documents submitted or on the bottom of the first (wrong) application you sent?

bottom of the first application I sent. All forms are stapled together in order separately, it's the supporting documents and random index sheets (some are saved, some have been removed, including cover letter), then there is a plastic folder that has some of the passport photos and the original envelope i sent it in. 

16 minutes ago, Going through said:

Was the check cashed?  If the check wasn't returned, don't reorganize it---send it back in just how they sent it to you.  My opinion---If you reorganize it, you're gonna end up annoying the person who just organized it 'cause they'll have to do it again.

 

I'd just send it back in as is,  with the new updated application form.

ok, i shouldn't worry about the   scanned numbers at the bottom? Thank you