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Killer_Clown_2009

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Posts posted by Killer_Clown_2009

    Lifting of Conditions for K-2

    in Removing Conditions on Residency General Discussion

    Posted

    Thanks YuandDan

    from VJ:7.4) ..How to we file for lifting of conditions for my K2 child?

    A..If your K2 achieved permanent resident status at the same time as the K1, or within 90 days afterwards, then include them on the joint petition. If the K2 achieved permanent resident status more than 90 days after the K1, or if the parents are NOT filing a joint petition (due to termination of the marriage), the K2 will file their own I-751.

    since our daughter's GC was issued within 90 days of my wife, I knew she could be included in the joint petition. I just wasn't sure if we could do it in June or had to wait till the 90 days before daughter's GC expired.

    thanks again.

    You could try filing in June and send in one check for $625.00. If they won't process the application, because the daughter's 90 day window is not open yet, then they will return your package and check, because it is not in the right amount. Based on the instructions, I would guess that it is ok to file based on your spouses 90 day window or they would have added in something about waiting for the child's 90 day window.

    Lifting of Conditions for K-2

    in Removing Conditions on Residency General Discussion

    Posted · Edited by Killer_Clown_2009

    There is a question on the I-751 form where you list children of the applicant. It's Part 5 (List all your children). Put the child's name and A # in there and include an extra $80.00 for the biometrics. Make sure you include a copy of the child's green card with your evidence. That's all you need to do.

    Hi Killer_Clown_2009,

    Please don't answer the question If you don't know it or didn't understand the question. No advice is better than Bad/Wrong advice. Hope you didn't mind it.

    Thanks

    Excuse me, but I didn't give wrong or bad advice (I'll leave that to you). Please tell me how my instructions are "wrong" or "bad". That is exactly how you fill out the form if you are adding in a child who needs their condtions removed.

    interesting story at the border

    in Removing Conditions on Residency General Discussion

    Posted · Edited by Killer_Clown_2009

    I crossed into the US at this little backwater type crossing on the Maine/Quebec border. They asked me several times if I intended to work in the US ( I was just entering for a 2 week vacation). I kept saying no I wasn't. I had to provide information about my employer in Canada. They, then decided to search my luggage (not the car though, which belonged to my then boyfriend, my now USC husband). They dumped all the contents of my luggage onto this wooden thing outside and rummaged through it all, even opening an unopened box of Tampax and pulling them out. Now that's just weird.

    Removing Conditions and Divorce

    in Removing Conditions on Residency General Discussion

    Posted · Edited by Killer_Clown_2009

    Sorry, you are not getting much help. You should be gathering together any documents that you can that show proof of a relationship. They are especially interested in documents showing joint financial/residential ties: joint lease, utility bills, insurance, assets, debts, tax returns (things of that sort). You could get notorized letters from people who knew you as a couple. Some people send in photos showing how happy they are as a couple (maybe get some from before your marriage started to break down). The same sort of items, you would have sent with your AOS application. You may want to include a statement about why you divorced.

    I am sorry, I cannot really tell you, what your chances are. My guess is that if you had a bonafide marriage and can provide proof of this, then they are probably decent. If you are filing alone, due to a divorce, then you would be able to file once your divorce is final and would not need to wait until May 30, 2010.

    I dont know anything about divorce laws in Florida.

    AOS from Tourist Visa - complicated situation

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    He doesn't need to show proof of ties to his former country unless he is asked for him. You won't need to submit any of that sort of information when/if you file an I-130/I-485. He "may" be asked for proof of ties, if USCIS feels that there was some sort of fraud. I don't think that happens very often. I was not asked for, nor did I have a whole lot of ties to my home country when I adjusted status from tourist. I was not that concerned though. If I was denied , then I would have just went home and figured out something else (like my spouse immigrating to Canada).

    AOS/GC - Application

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted · Edited by Killer_Clown_2009

    Hi, we did the same process 2 1/2 years ago. This is what I can suggest.

    Check out the sample form on VJ:

    http://www.visajourney.com/examples/INS-Form-I-130.pdf

    C #17: On the sample, it shows that your name goes on C #17 (seems correct to me, and that's how mine was filled out). The instructions seem pretty clear that C #17 is asking for information about the alien's relatives. So in your case, you would be the alien's spouse.

    Section C #22: Put your local USCIS district office (like Boston, MA) - my I -130 went to chicago, but my local district office was Boston, MA, so that was what we put in that box. (Some people may have put Chicago and it might have worked for them, but I believe your local office is the correct one to put, as you more than likely will be going there to have your AOS adjudicated).

    I-485 Part 2: I checked off A, I believe A to be the correct answer, however I believe some people did put H and that worked too.

    I can't say for sure why I checked A, but I am pretty certain I had a reliable source that indicated A was correct. Even though the I-130 was not yet approved, it was the basis for applying for AOS and it just made sense to check that box.

    I am not saying my answers are rock solid (and it seems your lawyer thinks differently), but based on my own research at the time, they seemed to be correct and I did not have any issues due to incorrectly filling out either application.

    Hope this helps.

    WRONG PAYEEEEEE

    in Removing Conditions on Residency General Discussion

    Posted · Edited by Killer_Clown_2009

    Here is a link about a bounced check and if you look around the site, you will find others (the posters received an NOA despite having NSF): http://www.visajourney.com/forums/index.php?showtopic=69614

    Hi jane2009/Killer_Clown_2009,

    Thanks for your contradiction and it's explanation. It's always good to have discussion and difference of opnions.

    I was telling/suggesting based on my experience. I didn't say it was written in stone or a USCIS rule to use MO. I agree with you that there are cases which got NOA even before their check was cleared like yours and the one you shared (exceptons are always there). But most of time folks who used checks have to wait longer than those who used MO, that was the whole point.

    It's up to the person to use check or MO, check has advantage as you can see it on your online banking system and the number USCIS put on it, but from common sense and normal day activity checks are not like quickly available funds like MO or cash is. Use of either one is fine, but I would still suggest using of MO than check, thats my take.

    Ok, so people's whose NOAs are sent, prior to their check clearing are EXCEPTIONS. Can you please give us some hard statistics to back up your claim? How many cases are you following. USCIS handles hundreds of thousands of applications each year. Do you have an appropriate sample size? Have you run an appropriate statistical test on your data. It is not a good idea to surmise something based on very few incidental cases.

    Earlier, you indicated that the State of California had laid off employees at CSC (when employees at USCIS are federal employees) thus slowing applications. You indicated that CSC didn't have a jump in applications. How do you know this? Do you have statistics of how many applications they are handling at a time? I could easily say that because VSC is backed up, that more cases are being transfered to CSC and they are handling more. But I don't have proof of this and therefore would not present it as a fact.

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