midwinterrose

I did this for my husband.  I listed myself as interpreter and as preparer, and had no problem.

I had an RFE for the same thing - I had simply forgotten to check the "no" box on question 2B. All I had to do was check "no" on the letter they sent me and send it back. When there's no criminal record to be found, you can't really submit proof of a negative. I just checked "no", sent the letter back, and then my case was approved less than a month later. 

More info needed. Why exactly was it denied? Joint filing, or waiver filing? Did you have an interview? Did you gave an RFE? Were there any accusations? Or was simply it for lack of evidence? Help us to help you.
 
Regardless, you have legal rights, and remain a permanent resident. Yes, you can refile, and yes you can travel once you have (see my extensive signature as proof, i have filed several of the things to date).
Right now, from the date of denial, it will be on a 45 day hold, so would suggest you get it refiled within 45 days to minimise the potential for an NTA heading your way quickly. 
 
 
Once you refile, it is much the same as before: they will cash your cheque or charge your card within a couple of days of it arriving. You will receive email/text notification the day after that. You will receive your biometrics appointment/waiver after a week or two, and your new extension letter/receipt will arrive in the mail in a similar sort of timeframe.
 
Your new extension letter is valid for four years from the date of expiry of your card (not from the issue date of the letter), so if you card expired less than four years ago (you don't have a timeline as your sig so I have no idea when you filed), you are good to travel immediately, as long as you return within that validity.
If not, then you need to make an infopass for an I-551 stamp, which will be annotated TC-1 (so agents will know it is a refile), and you will require a short visit to secondary every time you re-enter the US to verify your status.
You will be stamped in as LPR or ARC - both are admitted as permanent resident, and not paroled. 
I would not recommend travelling using the existing stamp you have, as it will have the old receipt number notation on it (although note that I have been told by numerous USCIS people I would be ok to do so), so in my mind - and exactly what I have done each time - it is far better to get a fresh stamp, with the new receipt number annotation for any avoidance of doubt. 
 
If you do nothing, an NTA might eventually appear, probably in a few years.
Legally, you are also entitled to a stamp during this entire period even without a refile, as clarified in case law.  However, if you do travel without a refile, you run the risk that you may be paroled back in rather than admitted as a LPR. Info on the actualities and real world examples are very, very thin, and also legally conflicting in multiple places so my advice is just to not do that, by refiling.  
Regardless of admitted or paroled in, you would be in the county, as you are entitled to a hearing with an immigration judge, and you remain a permanent resident until an immigration judge says otherwise with a final order of removal. 
 
 
 
 
 
 
 

Not sure why the 'sighs' was needed to somebody that was just trying to help and give you a heads up on what will be required. That is directly related to the immigration process, what happens in the country you're applying is isn't relevant to US immigration law. If USCIS requires a custody order and/or permission from the father to remove the child from the country, then that will be required no matter what the customs of the home country are. 

Special Immigrant Juveniles - https://www.uscis.gov/working-in-US/eb4/SIJ
 
This forum has great information & details about the VAWA process, but not much about SIJ. So posting our experience with SIJ. 
 
In 2019, we had a family tragedy. My sister-in-law passed away suddenly leaving her 12-year old son semi-orphaned in India. The father had little interest in the child, and the grand parents were over 80 and couldn't take care of a child. The child's father happily handed over custody to us and promptly remarried. 
 
We applied for and got a F1 visa for the boy. We brought him to the US to live with us in early 2020, before the Covid pandemic hit. He was enrolled in a SEVP Certified Private School that issued the I-20 for the F-1 visa. The school was expensive, but it was the quickest & easiest way to get the boy to the US and stay long-term.
 
We contacted several lawyers about his options for a Green Card. Most recommended adoption, but that was not practical due to us being US citizens and him being an Indian citizen. International adoptions come under the Hague convention and is a lengthy & expensive process with no guarantee of success. Plus India had a mortarium on international adoptions. And we had other reasons for not wanting an adoption. So that was not an option.
 
One lawyer (NM) finally mentioned Special Immigrant Juvenile Status (SIJS) but suggested we wait 6-months so that the boy comes under the state's legal jurisdiction. We did our research and felt that SIJS was the best option for the boy. Meanwhile Covid happened and everything shutdown. No progress the whole year.
 
Step 1: Getting a court order finding the child a ward of the State (4 months, about $2500 for all - Lawyer Fees, Court Fees, Doc Fees etc.) 
 
Early 2021 we contacted NM again and she referred us to another family lawyer (MS) who handled SIJS cases before. MS was great at his job, took about 6 weeks to get all the paperwork and evidence ready to support a case for SIJS and filed the petition with the county family court. Due to Covid backlogs, we couldn't get a hearing for a couple of months. It was tense waiting for the hearing. The day of the hearing came, MS told us not to be nervous and to be honest and sincere while answering the judge's questions. The hearing went on for about 30 mins and the judge asked both us and the lawyer several questions before approving the order. It was a big relief. 
 
The order placed the child in our custody and finds that:
a) Child's reunification with his mother not viable as she is deceased.
b) Child's reunification with his father not viable due to abandonment and neglect.
c) Not in child’s best interest to return to home country as he has no one to take care of him there.
d) The child is placed under the custody of an individual appointed by a State court.
 
Step 2: Petition USCIS for SIJ status, I-360 (9 months, about $50 - Consulting Fee with the Non-Profit, No USCIS Fee for SIJS )
 
It was now mid-2021 and the next step was to file form I-360 with USCIS for SIJ status. All the immigration lawyers wanted heavy retainers for this ($8K or more). Seemed kind a steep. Then came across a non-profit agency that mainly helps children & women with immigration issues and are familiar with VAWA & SIJS. We had a consultation with them (they had a lawyer too) and, after the meeting, we felt confident we could file it ourselves 🤞. We researched and gather a lot information about form I-360 and prepared our petition and supporting documents with a clear & concise cover letter. Checked everything half a dozen times before mailing it in August 2021. Got a receipt notice the next week.
 
As per rules SIJ petitions are supposed to be adjudicated within 180 days. When we didn't hear anything after 6 months, we called USCIS. The rep we spoke with was nice but didn't have any information. Said that the case is under review, and that they are running a bit late due to back log and asked us to wait another 3 months. Then in May 2022, we got the approval notice. Yay 😃
 
School year had just ended and we were glad to take the boy out of that expensive private school and enroll him in a public school. No need to maintain his F-1 status any longer.
 
Step 3: Adjustment of Status, Green Card, I-485 (6 months, about $1,500 including USCIS Fee, Biometrics Fee and Doctor Fee for Medicals)

The last step is to file for AOS. Apparently GC is almost a sure shot as SIJ status is protected from "all bars to adjustment except the terrorist-related adjustment bar". None of those 'bars to adjustment' applied to the boy, of course, but we were still anxious. Submitted the form I-485 in July 2022 and got the Biometrics done the next month.
 
AOS for SIJ applicants is processed under the EB-4 category. We had a priority date of Aug-2021 (the date of I-360 filing) and EB-4 PD for India was current when we filed the I-485 in Jul-2022. So, we hoped it'd be processed quickly.
 
In Oct 2022 we got an RFE. We were extremely anxious when the online status said that, wondering what we missed and what could've gone wrong. It was stressful waiting for the notice to arrive in mail. When we got it, it turned out to be an error in the Medicals (I-693) - the only document not prepared by us. The nurse had made a couple of mistakes in entering the vaccine history.  It took a couple of weeks to sort it out and submit a corrected I-693.
 
In Dec 2022, just before Christmas, the I-485 was approved. The SSN card came the next week, and the Green Card was delivered this week. What a wonderful start to the New Year 
 
Finally, our SIJ journey is over. So happy & relieved.
 
Thanks for the community & support 🙏

In a nutshell:
1. I-751 needs to be filed within 90 days of GC expiration. Not earlier, not later.
2. You need to submit a lot of evidence of bonafide marriage to ensure you don't get RFE.
3. You send the packet with forms and evidence, wait for biometrics appointment (can be waived by USCIS).
4. You will receive I-797 aka extension letter which would extend validity of expired GC by 48 months. It can be used together with expired GC to travel or prove status
5. You then wait a long while to get any update. It could be RFE, interview (can be waived), or decision on I-751.
 
Also, if your husband's social security card says "Valid for work only with DHS authorization" - go to SSA office any time now, file SS-5 and get unrestricted SS card. This can be used with driver's license or state ID instead of GC for I-9 verification at work. Forget about showing GC to employers, it has major drawbacks.
 
I hope this helps and good luck!

My husband got same-day passport because we had travel already booked.  You can call within 14 days of your booked travel and get an appointment to go into the passport office and they issue your passport the same day.  The other bonus of this method is we got his Naturalization certificate back in hand the same day.

My husband got same-day passport because we had travel already booked.  You can call within 14 days of your booked travel and get an appointment to go into the passport office and they issue your passport the same day.  The other bonus of this method is we got his Naturalization certificate back in hand the same day.

When you apply for the passport, you have to provide evidence of your citizenship.  In the case of a naturalized citizen, you provide the Naturalization certificate to the passport office along with the application.  It normally takes the passport office a few weeks to process your application and return your naturalization certificate back to you.  But if you do a same-day passport application, they give you back the naturalization certificate the same day that you apply, along with your new passport.

Thank you! This is really helpful. I found additional on travel.gov so I think it will be okay for me to keep the oath ceremony and still able to get the passport for travel in time.

I didn't boosters were needed
i said they are free and its a good idea to have one for their own protection

It is not fake. 
 
Have you filled immigration forms before? Because if you did, you'd know what I'm talking about. 

Hey everybody,
 
My husband and I just successfully opened a joint bank account yesterday, and there were a couple things that came up that I thought might be helpful for others to know.  First, we opened the account at Chase, and the lady helping us said that a Social Security number is not necessary to open an account.  My husband did have his SSN already, but she said it was not necessary.  My husband had to provide one photo ID and one form of ID with his address on it.  They accepted his passport as photo ID, and our electric bill in both our names with our address on it as the secondary ID.
 
The other thing I noted was that the girl helping us was very well-versed in opening accounts for foreigners, and it turns out it is because we happened to go to the branch closest to the university where a lot of students also go to open their accounts, including a lot of foreign students.  She even told me that she has the ID requirements for foreign students memorized, she opens those accounts so often.  She was very helpful and friendly and excited to practice her Spanish with my husband.  I suspect that others might have the same experience elsewhere, with branches nearest to universities (or other hubs for foreigners) being more accustomed (and open) to dealing with opening accounts for foreigners and/or special circumstances.
 
Hope this helps someone down the line, enjoy your weekend!
 

The powers that be really need to stop forcing a dangerous, ineffective injection on the populace by means of outrageous human rights violations.

This is the exact document we signed and sent along with our tax return, just change the generic info to your own.  We had to paper-file (mailed it in) our return because I couldn't find any tax software that would allow me to upload this extra document.  I used TurboTax or something similar, and then selected the mail-in option at the end and printed out the return.  I then added this page, signed by both my husband and I, and mailed the whole thing to the IRS.
 
That was at the beginning of COVID, so it took MONTHS to process our return.  It took so long that the IRS paid us a few dollars in interest, that I then had to report as income on our next year's return. 🤷‍♀️
TaxResidencyStatement_Sample (1).pdf

You have to meet one of 2 tests to already be a resident alien for tax purposes, or you may elect with you spouse to be one if you don’t pass either test. 
 Green card test—No you don’t meet this
Substantial presence test—Work out the formula below based on days present in the US. From the IRS:
 
You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:
31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: All the days you were present in the current year, and 1/3 of the days you were present in the first year before the current year, and 1/6 of the days you were present in the second year before the current year. Use the tax year so count all days 2022, 1/3 of days 2021, 1/6 of days 2020. Do you have enough days?

 
If you have to use the election because you don’t have enough substantial presence,  you create and sign a document to go with your tax return. TurboTax has no way to submit such document with an efile. It is a software thing that the IRS has no provisions for accepting efile with such a document. You can print “tax return for filing” with TurboTax, add your statement, and mail.  It will tell you the address for mailing. 
 
The above is how the IRS tells you to do it. It is unlikely the IRS would hunt you down and demand to count your days present if you didn’t write a statement. 

So, a 2 year Green Card is now good for 5 years?  This is ridiculous!  They need to just eliminate the I-751 completely.  Only 1%-3% of ROC cases are actually denied.  

Good question
 
they are listed on following site
 
https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html
 
I still say the USC  needs to join here as she will be doing all the work now and there is a ton of information and help here for her
and she needs to know "not to respond herself to any messages from this other 1st gf" for instance as American women often think they can handle other women and they can't

Dude, it literally says "TERMINATION OF CONDITIONAL RESIDENCE STATUS" at the top.  You can believe whatever you want about how official or final it is, but you can't deny what it says in plain English.
 
Still, it was addressed to the wrong address.  I would bet anything that if an interview notice was mailed out, that it was addressed to your old address as well.
 
The key question, which I have asked three times now and you seem reluctant to answer, is, WHAT DATE DID YOU FILE THE AR-11 CHANGE OF ADDRESS?. If it was before the March 2021 interview, then you're golden.  If not, then you're probably screwed.
 

I simply believe that the Tier 1 and Tier 2 officers who operate the 1-800 help line have a very different role than the officers who review the cases, and the officers at the field offices who conduct the interview.  I imagine it within the realm of possibility that some officer later down the line may have the authority to contradict/override what other USCIS agents may have told you.  I'm not saying this will happen, but I imagine it's possible.
 
I hope for your sake all goes well, but if I were you, I would be prepared for the worst--having to argue against a wrongful denial--and hope for the best, just in case.

I’m just going by the “hereby denied” that is stated in the letter… I guess I’m wrong 

If I were in your shoes, my concern would be that you wait however many months for the I-751 interview to be rescheduled, and then when an officer finally picks up your file to schedule your interview, says, "What doofus put this in the queue to be scheduled for an interview; it already has a denial notice?  I can't schedule an interview for a case that has been denied."
 
And then at that stage you will have to argue that it was denied in error due to USCIS never sending the interview notice, or sending it to the wrong address.  Hence why you should gather as much proof as you can that you were in the right, and USCIS in the wrong.
 
I may be proven wrong, but I can't imagine USCIS just glossing over the fact that you missed your original interview.

Where do you get the idea that this is an “internal document”, when it’s addressed to your wife and it has the date of the interview as the date of the denial? 
And why do you trust the online notifications instead of the denial LETTER (not document) that was given to you as a result of the FOIA?
 
Wouldnt it make sense to think that the online notifications are lagged?
 
Also you asked what kind of immigrants can afford a lawyer.. not sure why you ask this or how it is relevant, but some immigrants make good money, either them or their SOs… and some lawyers offer payment plans. But I digress.
 
And for the third time what does your mom think?

That IS your denial letter for the i-751. That's what a denial letter looks like, stamped date or not. USCIS sent it out but you say you never received it. Your wife was denied and had her status terminated on May 7, 2021. Since she hasn't had any status since that date, that's a huge issue for the N-400. 
 
Someone might've already posted this denial letter, with a stamped date. It's an official letter, sent by USCIS to the petitioner. Just like in your case.
 

I guess I can't trust my lying eyes.