WassimA

Dear community,

Where do I find a thread that is for permanent residents filing for spouses (F2A). I can only find US citizens who filed for spouses.

Does an overview for approved petitions exist for the F2A category with corresponding dates?

Thanks everyone.

Thank you for the answers.

My question would then be: how do I fly to the USA with a green card that doesn't match my passport name?

Dear forum members,

I am a German citizen and have legally changed my name while in Germany. As I will still be here in Germany for a longer while before going back to the US, I wanted to know where I would have to file I-90 (renewal of green card). Will the USCIS office in the consulate in Frankfurt help me? Or do I mail it all to the US?

Thank you.

33 minutes ago, Merrytooth said:

This post may be old but it is written by a very knowledgeable VJer.

 

Good Luck to you.

 

 

 

Thank you for referring to that post. 

I can read from it that there are various people believing that it is not possible. I consider the poster of the thread who has been given that very advice a poor guy who went through a lot of hardships with his wife because of people making him scared of even losing his LPR after he had his conditions removed through divorce waiver.

There is an explicit reason, why USCIS has the paragraph 5.c., and it is good that it does! I did not even know my spouse before I separated from my prior spouse. We are not even from the same country. I have submitted and can resubmit tons of evidence for the Bona Fide nature of my prior marriage. As an LPR, I have rights and obligations, and I can not imagine that I am forced to give up either on my marriage or the country that has become my home.

I will file nonetheless, as I read the conditions the way that I can file and have good chances of being approved. I am not afraid of any level of scrutiny as I have nothing to hide.

It would be encouraging though to hear from anyone, who successfully went through this process as well (or got denied, which I also really would like to know about).

10 minutes ago, f f said:

good catch there with the who may not file.

 

your only hope in being able to file before 5 years is to do so under part C

 

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law;

 

not sure how you would do that besides showing your former spouse mistreated you.

That's exactly it f f. My petition was approved AFTER divorce waiver, which encompassed exactly clear and convincing evidence that I did not enter prior marriage in order to evade and U.S. immigration law.

@Merrytooth: Yes, I have read that part and am not concerned about it.

Thank you.

Dear Forum members,

I have already received so much help from you, thank you all for that! Following different advice on here, I am now in the following situation:

- Conditions removed on GC (divorce waiver), received physical GC in mail yesterday

- Remarried 3 weeks ago to Polish citizen

- Want to file I-130 for spouse

- Submitting petition for I-131 re-entry permit, as employer sends me abroad for 2 years in November to global headquarters for training and development purposes in order to assume management position after

- By no means abandoning LPR status, keeping primary residence and paying mortgage, keeping my US salary continued to paid into my US bank account, maintaining 401k/HSA accounts, paying US taxes for every year (accepting double taxation), just renewed my driver's license, filing to get my wife residency as well (which in my view is also proof of planning a life in the US after conclusion of assignment)

I have read in several places that all in all, the process takes around 22-24 months, if everything goes well. My questions:

1. Did anybody ever SUCCESSFULLY filed I-130 in connection with a re-entry permit? If so, would you be so kind to share your timeline and steps? That would help me a lot.

2. I read there are several "milestones" while filing I-130 as LPR for spouse, which are extremely confusing. When can or should I file? As soon as possible or after leaving the country?

3. Is the proof of the Bona Fide nature of my marriage required already? Or, if I remember correctly, only after the first (or second?) milestone was reached?

PLEASE help.

Thank you.

1 hour ago, mindthegap said:

 

Which surely they have done, by having had the I-751 approved?

That was my thought as well. All I have been doing since I had gotten married to my ex was to prove the bona fide nature of our marriage.

55 minutes ago, geowrian said:

It's a different (higher) bar to overcome: "clear and convincing evidence" is the wording they use.

Having completed ROC is definitely a plus, but does not guarantee anything for this circumstance.

Thanks for pointing it out - I'm sure there is reason why this paragraph specifically exists. I guess you never have a guarantee but I simply believe when I have nothing to hide (my first and now second marriage are 100% bona fide), things will be fine.

12 minutes ago, Andrina said:

Wouldn't it be better to get citizenship under the 5 year rule and sponsor the spouse or upgrade the petition? 

We have extensively thought about our options and that certainly crossed our minds. The biggest problem is that I will be leaving the country for 2 years on a re-entry permit, which from what I know resets the 5-year clock. Does anybody perhaps know ways to avoid that?  Any experience? The other problem is that it's not done with 5 years only, the whole process of naturalization and upgrading petition overall would take closer to 6 years likely....

7 minutes ago, Mollie09 said:

 

I went through something very similar so let me tell you what I did and hope it helps (you can PM me too).

 

Married in the US in 2014, got conditional GC, divorced in 2015.

Never planned to or changed my name. Filed ROC in December 2015 with divorce waiver.

Remarried in 2016 in Iceland, came back to US, changed name with SSA, then DL, then banks and everything else using Icelandic marriage certificate (which doesn't list a name change - it doesn't have to.)

Divorce waiver approved Feb 2017, have new 10-year GC with maiden name.

My divorce hasn't been adjudicated with Brazilian authorities (bureaucracy!) so I can't register my marriage with Brazil and get a new passport with my new name. I travel a lot internationally so I'm waiting for the passport change to change my GC. Everything but passport, GC, and Global Entry have my new name.

WOW, AWESOME! Can't believe someone went through something similarly complicated as I did!

With Global Entry, do you mean Re-Entry Permit (aka White Passport)? Thanks so much Mollie!! Really gives me hope!

26 minutes ago, dnp2014 said:

Bit complicated.. If you do the above in Germany now your name on the new passport and GC will be different. You will have issue at the airports. i KNOW its not possible to register your marriage at a German consulate in USA. 

 

The name of a German citizen does not change automatically by marriage alone. Therefore, a name declaration might be necessary as part of the marriage registration before a German passport can be issued in the new name.

 

I think  below idea might work. It will be time consuming 

 

1) Register your marriage certificate in Germany and change your name (but don't get new passport)

2) Go to a nearest court in U.S and change your name. 

3) I-130 have option to list your old name. When you file include copy of the Court Order 

4) Use the court order to change the name on your green card. It will be lengthy process to get the new GC 

5) Use the above name change declaration & court order to change your passport name at a German Consulate in U.S

 

Don't do #5 until you get the GC with new name. otherwise you will have a hard time traveling aboard. 

 

 

 

Thanks for your response DNP2014!

I could change my name and register marriage in German consulate if I apply for new passport, as they then would have to examine the grounds I do it on. But exactly as you said, the problem of the passport with a different name occurs.

So you are basically saying to keep the German passport. My questions are:

1. Is that legal? 

2. As I wont be in the US after going to Europe soon, it would be extremely complicated to fly to Germany and do the name change to come back here and do the name change. If the answer to Q1 is "yes", could I not simply use my Polish marriage certificate (incl. translation and legalization) to change my name in the US (I've read the SSA gives you a new SSN on the basis of that, which I thought was all I need to file for new Green Card).

Thanks again!

2 minutes ago, dnp2014 said:

Is the Poland marriage certificate from Government authority.. usually for Govt documents with application you have to submit identification proof. Since you said your original German passport and expired GC is with the old name I was thinking how did you change the name. 

 

I am not sure I can fully follow what you mean, but I will try to answer it as best as I can.

I got married in Poland by providing proof of identity from country of citizenship (Germany) and birth certificates etc. On the day of the wedding, they registered our marriage and our new names moving forward. This happened in Poland. Now in Germany, I will have to file for acceptance of Polish marriage decree iby German law and the same (although a little different process) in the US so that both countries have my new name registered. I would get a new passport from Germany and would want to file for a new GC as well.

Time doesnt allow for all of that however before assignment in Europe, which is my major problem. 

30 minutes ago, dnp2014 said:

How did you change your name without without notifying the authority.. ?? 

 

I think in US you can't change name without US marriage certificate, Divorce Decree, or Court order. 

 

 

Hi everyone,

Thanks for your first answers. I should have mentioned that I got married in Poland so only Poland so far is aware of my name change.

I am thinking of not registering my name change in Germany and the US for now and do it at a later time when there is not a million things connected to it.

Any ideas, as to whether I have to register my new name? The issue is that the marriage certificate has my new name on it which I will at some point need. 

Something I did not mention yet is that I will be filing for the green card for my new spouse asap, as there is about a 2 year wait. They will require the marriage license I'm sure...so complicated.

Dear forum members,

I am in an incredibly complicated situation and ask for your input.

I am a permanent resident and just yesterday had my conditions removed after filing for divorce waiver. In the meantime, actually 2 weeks ago, I got remarried (a lot of things can happen within 15 months of waiting for removal of conditions) and I took my Polish spouse's name. Neither my home country Germany nor the US are currently aware of my name change as I wanted to tackle things just now (returned from honey moon 3 days ago awaiting international marriage license and legalization of marriage certificate).

Now, I am getting the new green card with old name. I wanted to go to the German consulate to have the marriage registered and accepted in order to change name on my German passport. In the meantime, I wanted to change SSN and driver's license to the new name. And now to top things of, I need to file for a re=entry permit asap as my employer is sending me on an assignment abroad at the end of October.

My questions:

1. Do I have to file for new green card after name change or can I use marriage license and proof of name change in combination with green card?

2. Connected with that, can I use a re-entry permit with old name on green card and re-entry permit without issues after immigrating back in after conclusion of assignment abroad?

3. Can I get a valid driver's license with new name with the help of new SSN, new passport and valid green card with old name on it?

I would love to apply for a green card with the new name on it, however there is no way I would get it in time before end of October.

Any help is MUCH appreciated.

Finally.....

New card is being produced as of Sep 26th.

Divorce Waiver

NOA 07/05/2016

CSC

No Interview or RFE!

Submitted documents:

- 2 shared leases from different states

- joint bank accounts

- joint car insurance

- joint tax returns from 2 years

- flight tickets and other travel proof

- 2 page long written letter detailing every major milestone in our shared life, honest feelings about everything.

Thanks to this forum and everyone who constructively contributed. It was very helpful.

GOOD LUCK to all.

Does the status change online when you get an RFE or invitation to interview?

I am a July 5th filer; does this mean I can file a request now? And if so, can somebody tell me what exactly that means and how I do that Please? Many thanks.

6 hours ago, Y&i2015 said:

Uscis updated the processing times. 

July vsc can already submit a request, alledgly they are reviewing August 5th 2016! 

Csc...as usual super behind. July 5th.

37 minutes ago, Huvvaligen said:

https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants

Thank you for the info. 

41 minutes ago, Huvvaligen said:

 

With the recent news about mandatory interviews for certain immigration petitions, will this affect me as I have my removal of conditions pending (i751) along with my current N400? It said i485, but I can't remember when I filed that. 

Thank you

What recent news? Do you have any link?

I believe some officers probably have been on vacation and have returned now, leading to a pick up in pace again. So many people in my company are/have been on vacation so I feel it only makes sense. Hope the worst waiting times are over and that results come as fast as they did the last 2 days.

Hello all,

Please add me to the list:

*Divorce Waiver

CSC filed 07/01/16

NOA 07/05/16

Biometrics 07/**/16

Pending