Linalina

Hi everyone!

i was about to apply for naturalization as we’ve been married for 5 years, have a child together and I’ve been to the country since January 2015. 

Two days ago my husband tried to kill me by strangulation while I was driving the car. Anyway, the charges are gonna be pressed even though I was told by DA it most likely will be just a misdemeanor, not a felony. 

The question is, under such circumstances, am I eligible to apply for citizenship? I know, you can do that with removal of the conditions if you were abused and had to end marriage. Does the same apply to naturalization or I should wait till 5 year requirement and do it on my own? The only purpose for this right now was to get the government- based job that requires us citizenship. 

I hope I made myself clear lol :)

1 minute ago, Linalina said:

Nice! Thats good news because a month ago they were doing August cases.

i got mistaken...im with california))))

On 1/17/2018 at 1:28 PM, Roy&Chanel said:

my USC Spouse called in to ask about my biometrics appointment, I'm a Dec 2017 Filer.

And the officer told us that VSC is currently on Nov 2016 cases, in case you guys are waiting!

Nice! Thats good news because a month ago they were doing August cases.

4 minutes ago, ChefB123 said:

Hey Linalina, 

Did your gc come back approved while you were away and you used the letter to come back or are you still waiting? Did you file for a reentry permit? 

 

Thanks! 

No, my case is with California and it will be probably another 3-4 months, total of at least 16-18 months waiting. So, right now I have expired green card and expired letter and still no stamp in passport. You do not need to file for reentry. I contacted embasssy and they said you do not need to get reentry if you have extension letter and have been outside US less than a year. It only applies to those who’s been outside more than a year and who have no valid proof of residency. 

The only time I had little problem is when I was at the check-in to go back to states and operator didn’t know what date of expiration to put for gc, I told her to add one more year to what is written on card. 

On 05.12.2017 at 12:27 PM, ChefB123 said:

Thanks for all the info...it's helpful.  So here's a quandary for you...would be really interested if anyone has had experience with this situation. 

 

My wife just filed for removal of conditions on her GC.  I'm hopeful it's all done before May 2018...making all of this moot...but we have grand plans to travel next year and would like to get things booked.  If we leave the US in early May 2018, and if the approval of the ROC has not come back...then, how long can she be out of the country?  I know that the extension letter should arrive soon, and even with the expired green card...she can still travel.  But I'm concerned that under the conditional GC w/ the extension, she can only be out of the country for a certain amount of time.  if we were traveling out of the US for 6 and a half months, then do we need to file for some sort of exception that allows her to be overseas for that long (regardless of whether she is approved or not for the new GC)?

 

What happens if she gets approved while overseas and we don't get the actual new green card (since we're not home)?  She would still be able to enter the country w/ the expired GC and extension letter right, but would she get in trouble for being out of the country for so long?

 

What happens if we get called in for an interview while overseas?  Our schedule is such that we hope to be back in the US in mid-Dec.  In other words, we would be back before the expiration of her extension...so I'm wondering if in the worst case scenario where an interview is required...would we be able to schedule it for Dec 2018 or January 2019, before her GC extension expires in late Feb?  

 

Like I said if the approval is done before May, then none of this matters... but if things are prolonged...what would you?  Thanks!

I just came back to states 2 days ago, I did my biometrics in January and left US for ELEVEN months, cake back the day before letter “expired” and officer didn’t ask me ANY questions, neither did he really look at my letter, so 6,5 months is not so long and you shouldn’t worry about that.

my lawyer called USCIS...she didnt tell me anything i didnt know, California is still working on 3, August cases...i see Vermont are already approved past my date which is 12/12/16...

Regarding naturalization, does it need to be 3 years since marriage or 3 years of living in states? because out of these 3 years most of the time i spent outside of US...

On 18.11.2017 at 6:54 PM, ahlibs said:

 

 

Thank you  Fingers crossed we see both CSC & VSC plow through all December 2016 filers soon. I didn't expect to receive a response so early at all.

You must've been a good boy /girl ( sorry not sure who you are))) that Santa made you an early present!!))

On 15.11.2017 at 6:16 AM, mamosc said:

I've filed December 2016 and Noa was received soon after. Never received the biometric appointment tho

that is a serious issue! a year passed after you filed and you didnt think about bimetrics not being done? BAsically, no one was processing your case, as they do not even look at it until its completed with last stage - biometrics. You need to contact immediately tier 1 officer. Once you do your biometrics, you probably will be in line with december 2017 filers.

3 hours ago, ahlibs said:

I filed my I-751 removal of conditions in Dec 2016 (12/05 to be exact) and today I got the letter in the mail from USCIS that I've been waiting for! My request for removal of conditions has been approved! After my case # showed the fees were waived there was literally zero communication from USCIS until my approval letter arrived today. My new GC should be in hand within 60 days. I'm so excited! 

Congrats!!!I wish california would work quicker too!))My case was a week later than yours.

12 hours ago, John Doe 12 said:

 

 

 

In the country where I live in it is possible for a child to exit the country with a written notarized permission from both parents. My wife could falsify the child written notarized permission and take my child outside the country where I live.

there is no way she could falsify such document as it requires both of you to go to the notary where you will need to first orally agree and then sign the document, and only after that the notary signs and stamps. we did it with my husband when I traveled with our child oversees. So, you can relax about that,.

12 hours ago, John Doe 12 said:

So what I do when she asks me for the green card is to play dumb and delay her by saying i like living outside the USA right now i would like to continue living here with you, so at the time i don't see your green card as a priority. The idea would be to delay giving her  the green card until my child is an adult and therefore can decide by himself where to live, which is probably give or take 16 years from now so he would avoid being raised in a harsh unloving environment.

IMHO,The best way to get out of this unfavorable marriage and continue your life the way you want is to tell the truth and if starts freaking out, just file for divorce, you are the us citizen , you are superior here, there's no place where she can go and you can't go, neither can she take child outside of country, and where would she take him/her? to the country you are citizen of? you need to step up and be more firm, end thip relationship and find someone who will care about you and your family.

16 hours ago, MacUK said:

Why should the OP be forced to live in a country where they don't want to live? Not everybody wants to live in the US.

Im sorry to intrude in your business, but ive read your timeline, did you eventually get visa or access to United states? Who's your son living with?

On 14.11.2017 at 2:28 PM, John Doe 12 said:

Yes I am a stay at home father.

 

My mother and I are taking care of the children.

Yes my wife originally lived in the USA practically with her b2 visa since she would get 6 months permission to stay in the USA and the time she couldn't be there in the USA she would live outside the USA,, here is where I enter the picture. While she was outside the USA because her B2 visa 6 month stay was up, we met online. One of the first questions she asked me was whether I was a US citizen. Anyways we dated for some time outside the USA,, until the time when her B2 visa allowed her back in the USA. She went back to the USA on  B2 visa and after some time I followed her to the USA and we lived in the USA for some months, she would work as a housemaid for 6 days a week and I would see her on sundays. She was very interested in money at that time and we would have frequent disputes because of it. Anyways she told me that during sex that the condom bothered her and I thought nothing of it, hint to the clueless when a woman says that the condom bothers her and you don't want children then inyect her with anticonceptive or stop having sex, anyways she gets pregnant obviously from this. I wonder if her getting pregnant was part of bigger plan or just a coincidence. Anyways with a baby on the way we get married and have been in a very tumultous marriage for about 1 year and 11 months so far. We decided to have the baby where the principal caretaker of the baby, my mother lives, outside the USA. The us non citizen spouse however has during the 1 year 11 monts period of marriage always had like a fixation on the USA. Almost everyday when she woke up outside the USA she would fixate on the USA and money. My wife refuses to work outside the USA because she says truthfully that the salaries in the part outside the USA where we live are low compared to the USA. Anyways since she is focused on the financial aspect, this makes her leave for the USA at least twice a year.  She would be extremely unhappy and irritated because of not having money and was not content living with me and my parents even though having a decent shelter, food and clothes for her and would also constantly insist that I give her the green card. My wife is not so nice when raising children , so therefore my mother raises our children and if I give my wife the green card that would mean she would probably immigrate to the USA and being a mother of 2 children, she has another from a previous marriage which now lives with us, probably try or even right out take the children with to the USA, which is what I fear the most because they would suffer under her care in the USA. I refuse to sponsor her green card because I would like to raise our children with my mother who cares for them very well. So I don't know sometimes I wonder if the only reason she has stayed in the marriage is because of the green card and or the fact that her other child from another relationship is very problematic and she knows how hard it would be for her to find another partner with 2 little children in tow, especially the problematic one. So perhaps the only reason she hasn't left me is the green card and the fact that it would probably very hard for her to to find another partner who would put up with her problem child. 

Wow what a story, I am very interested where is your wife from and what country do you live now?

for me it's clear, she only wanted GC and you would be ideal because she would live and work in us freely. Also, what do you mean by problematic child? Is she/he disabled or what? 

She is no way a good person considering both her attitude to you and your kids.

but I also do not understand stay at home husbands with breadwinner wives, its against my philosophy.

14 hours ago, shell20 said:

That's absolutely right. However, some people like myself are concerned about RFE's due to lack of sufficient evidence. I am expecting one due to the fact all the bills, mortgage etc are in my husbands name, for personal reasons. I don't even mind getting an interview, which ever is quicker really.

We have all bills separated as in our area there can be only one name on utilities accounts. We just included mine as second contact name, our cars and house are on leasing contracts on his name as well. we only have insurance together and the CHILD which i hope with be enough not to give me RFE to prove sincere relationship))))

4 hours ago, Scazy said:

It's an error at the system, you can't rely on a case status online. I saw some people had their status changed from "fees were waived" when the case got approved, other s never got any update online but did received approval/ RFE at the mail. 

 

I never got any update on my case since receiving I-797 form, and as far as i see, not many can check their status online....

1 hour ago, Family👨👩👧👦 said:

Wow! Hmm, I am so excited to visit my country. I really missed my Parents and siblings. I haven’t been home since I got here last 2014. I got my ROC filed, with GC expired and NOA. I believed I will need to get a I-551 stamp at USCIS. 

 

But my main problem is my former spouse.. We got divorced in 2016. Still, I know he’s still trying to get rid of me. Threats of Deportation. I am so scared going out of the country cause he might block me from getting back in. I don’t know! Being with him was traumatic. 😭

There's no way he can block you, that's a misbelief, he can only withdraw petition if you applied as couple, if you did it by yourself, there's nothing he can do.

7 hours ago, Scazy said:

Based on page 38 in this document that Derwood provided, it's clearly outlines that expiration date of the letter does not matter in determination of extention. It's 1 year from the date on GC. I would def print out that page in case of any questions during the trip. Try not to stress out over it! 

i know, sorry)) i have printed all the possible legal docs stating that, so i am prepared but of course who knows what and WHO will be at the POE...but i believe it will be fine)) i even contacted my local embassy if i could get stamp there..

5 hours ago, Family👨👩👧👦 said:

Thanks for the responding.. Anyways, did you tried to travel out of the country with your expired GC and NOA? 

Yes, i am actually out of the country right now and will be traveling back with expired GC and letter that was issued more than year ago, but a month before GC extension expiration. Some of my friends have traveled couple times back and forth with exp GC and letter, was no problem.

6 hours ago, Family👨👩👧👦 said:

I am Dec Filers too.. I filed mine last Dec 2, then I recieved my Biometric Appointment two weeks after and then recieved my NOA Three weeks after my Biometric. It’s been a year now, and still don’t have my actual 10 year GC. What’s the update on yours? 

 

Thanks! 

No update so far, like everyone else I also can't check status, but we are doing everything through the lawyer and she said currently it's taking over one year, so just have to wait...I see Vermont is doin g faster now...

7 hours ago, WeGuyGal said:

In theory, expired letter does not cancel the validity of the GC, but would have been wise to get the i551 stamp if your itinerary had called for routine travel outside the US past i797 expiration. Bigger issue may be airline staff not letting you board a US-bound flight. Also, if returning after more than 6 mos overseas, expect to be possibly grilled at POE. 

They wouldn't give stamp if its more than one month before expiration, and I left Couple months after I got my letter for family reasons. Last time I was absent for 9 months and didn't have issues at the POE, just general questions why so long.

Hi everyone who's still waiting like me! I applied December 9, December 12- received NOA. January 13- biometrics. Sooo...almost a year huh..lawyer said it's currently taking over year, my case is with cali 

Guys! I have a question, can some clarify my concern? I will be traveling back to us with my USC toddler ( who also has disability) after expiration of extension letter. I haven't got a stamp I-551 because I left US earlier this year. But my GC is valid till January according to latest clarification on extending conditional residence, will I for sure be denied entry because I don't have a stamp and letter expired or there's some luck I'll be allowed to enter? Can they put a stamp and the passport control? ( i assume they can since that's where I got it when entered states on cr1 visa).

 Basically, does expired letter cancel the validity of GC?

18 hours ago, Lemon23 said:

There have been quite a few posts recently regarding traveling on an expired GC with the one year extension letter.

 

Page 38 of this document provides some reassurance:

 

https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- English.pdf

 

It also makes clear that the 12 month extension is from the card expiry date, not the receipt date of the I-797

thank you, I tried to google it before and nothing really showed up until this moment, I just hope I wont have any problems coming back to us with both expired green card and letter of extension.

Hi everyone!

I came across the problem that many seem to have which is 

what date should be considered the last valid date to enter US if your green card expired and you received an extension letter (notice of action I-797)?

My GC expired last January,17 and I received a letter in December, 16. Currently I am out of state and getting ready to go back in December,17. My extension letter was issued on 12/12/16 and I am planning to enter country on 12/18/17 which is a week after the "expiration" of extension letter but a month before one year extension of GC. And yes, in letter it doesn't clarify what is considered the date to start counting from which makes me kinda worried as I read before it all depends on the mood of the officer 

I contacted my lawyer and now it's all clear! This year USCIS started issueing new variant of letter (i think due to confusion of everyone) where it says

" Your conditional resident status is extended for a period of one year FROM the expiration date on your CONDITIONAL RESIDENT CARD"!!

Here I attach the proof of it:

I hope this information was helpful !!