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Airman

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    Reentry Permit Denied by USCIS and Re-applying Question ?

    in Working & Traveling During US Immigration

    Posted

    @OldUser yes I have also suggested her those choices but she seems to be wanting to travel to US and apply for a re-entry permit immediately. I am not sure how reasonable that is since she has been living outside US for past 2 years already. She wants to travel to US > apply for reentry permit > complete biometrics > leave US > wait for reentry permit approval (15-18 months) overseas.  
    & yes, her husband is US citizen, so she has option to apply LPR in future. 

    @Boiler Her last trip to US was on Oct 2023 for 3 weeks. Her Denial letter arrived on Nov 1 2023. She doesn't want to pursue citizenship at the moment, neither she is eligible to apply, given her stay requirement not being fullfilled.

    Reentry Permit Denied by USCIS and Re-applying Question ?

    in Working & Traveling During US Immigration

    Posted · Edited by Airman

    Hi, 

     

    My sister in law is a US permanent resident since 2018 and does not want to file for citizenship, she just wants to maintain her Green card holder status. Due to her father-in-law's critical illness and her husband being only son, she moved back to home country with her husband and daughter (US citizens) 2 years ago. She travelled back to US and filed for a 2 years reentry permit back in July 2022 via mail and later came back to US again for her biometrics. We just received 'Denial Letter' from USCIS for being out of the country when USCIS received her initial application (She applied on July 13th by mail and flew our of US on 15th July, USCIS received on July 16th).  This looks like a justified denial but now she wants to come back to US and apply again for 2 year reentry permit and make sure USCIS receives her application and complete her biometrics before leaving country again. 

    She has spent most of past 2 years out of US (minus 3 short trips to US), my understanding is since she has been living out of country for a while now, she does not have a ground to apply for reentry permit before she lives in US for a year or two or whatever reasonable duration but she seems to insist that USCIS will allow/approve her application if she applies again. Also to add, during her last entry into US, she was questioned and held by CBP for 3 hours for being out of country for extended period of time without having an approved reentry permit.

    Any suggestions / opinion or experience in such case ? Please share. 

     

    Thank you,

    Is it considered fraud ?

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    I am not seeing any fraud here. My spouse recently had her CR1 interview so all I can suggest you is, have evidence of bonafide relationship available with you during interview and answer CO questions, you will do fine. Take everything what helps you to show that relationship is genuine such as photos together, boarding pass, chat/call logs etc and be confident during interview.

     

    i wish for your successful result.

    For petitioning my wife, do I only need to file I-130?

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted · Edited by Airman

    If your wife is overseas, you start with I-130. If your wife is here in States, you can file I-130 and I-485 together. If you are going to be citizen soon, i suggest you file 130 as USC. Yes you can file now as permanent residence (F2A) and later upgrade to CR1 but if you are scheduled to be citizen within 30-60 days, i would wait to file as a citizen. If it is going to take longer to become citizen, go a head and file now. (This is my suggestion only as i filed a PR and later upgraded to CR1) 

     

    Start filling I-130 (https://www.uscis.gov/sites/default/files/files/form/i-130.pdf) and gather documents such as marriage certificate, photos together, boarding passes, receipts etc. I would also suggest front loading your petition to avoid any RFE. Front loading is where you include as much as evidence of bonafide relationship. 

     

    bonafide marriage for CR-1

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    I suggest you file as soon as you can because it will take many months before he can move here. I filed for my spouse one month after marriage and we did not have any issue. If you have photos together from wedding/honeymoon/travels, include those as well as anything which will make your relationship look genuine. 

    Don't hire lawyers, they are worthless and many times has less immigration knowledge than average Vjers. You can do all yourself by following guides and advises here. Lawyers may help when case is complicated, yours seems to be pretty straight forward. 

    Also i suggest you to go CR1 route as this will allow him to drive/work as soon as he gets here. 

    F2A to IR-1 Upgrade Timeline Thread

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    NVC date was Oct 30 2018. Took 6 weeks from USCIC approval date to NVC receipt. 

     

    No, i didn't reschedule interview, it was regular process. When my case was upgraded from F2A to IR1 > it took exact 5 months for 130 to be approved. I was hoping it would take less to be approved 130 once case was under Ir1. 

     

    It was quite a long journey but finally she is here and life is good. 

     

    I wish you all the best buddy.

    L1 visa after filing I-130 spouse petition from abroad

    in Work Visas

    Posted

    L1 is dual intent visa and having I-130 will have no negative effect on CR1.  If you go through L1 and want your employer to file petition, it will be I-140 and if from your USC spouse, it will be I-130. My experience says: I-130 will be much easier to be approved by USCIS than employment based I-140 these days. Once you are in US on L1 visa > your spouse can file I-130 and I-485 together (this is optional, you can also file only I-130 and later I-485 for AOS if you want but filing together will save few months time), 

     

    Source: i was on L1 once.

     

    Form i-130 questions #45-50

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    8 minutes ago, Mrs Dudley said:

    Hello: I am new to this site which after going through many threads already cleared up some of my questions and concerns. Thank you.

    My husband (the petitioner) and I got married 7 months ago and are now looking to file i-130 and i-130A.

    We plan to use the consular process instead of AOS so I am in the US visiting him but plan to return before the filing begins.

     

    1. I did not update my name to my married name in any of my official documents (they are long before expiring); Will this be a problem throughout the filing process (I am the beneficiary)?

    This will not be an issue as long as your name in your legal documents such as passport and marriage certificate matches. 

    2. Being that I did not have a name change document for my married name should we just stick to my maiden name throughout filling out the forms. 

    Yes, my spouse name is not yet changed and we had no issue on approving I-130 or at NVC stage. Currently waiting for interview date at foreign consular post.

    2. Should I the beneficiary fill out and sign the i-130A as the beneficiary while I am here on a visit or wait until I leave and let my husband the petitioner do it and leave the part requiring my signature blank?

    Since you are here, its better to sign.

    4. Regarding Form i-130 questions 45-50:

    (a) Was the beneficiary EVER in the US? We would tick yes

    You should click 'Yes'

    (b) If the beneficiary is currently in the US it as for their i-94 and passport information - Should we leave this blank since I will be filing after leaving the country? Or is my i-94 for this trip still required having left the US?

    If you are going to file after you leave, you should leave it blank.

    #4  is concerning because I do not want them to think I am staying in the US at the point of filing and then think I doing the route of Adjustment of Status which I am not.

    If you will not be in US at the time your application is reviewed by immigration officer, they will not think, you are in US because they can check I-94 and also you are choosing 'consular processing' 

    Thank you in advance

    Although you don't want to file I-130 until you leave the country but i highly suggest you to file your application as soon as possible, it doesn't matter if you are here or not when filing because you will  choose 'Consular processing'. This process takes long time to complete and benefit of filing quicker is, you will be in line to be reviewed quicker. Many people file this way and had no issues. Important part is to leave the US before your authorized stay expires. If you have valid visa, you can keep visiting US during your process. I wish you all the best.

     

     

    NVC Filers - December 2018

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    52 minutes ago, rimon said:

    uploaded all the documents to CEAC website and submitted on Dec 12, really hoping to get response by NYE. thinking to call today to ask if we need to send all documents by email too, btw our wl email specifically said not to send any docs by MAIL and instructed to follow instruction on how to upload docs, but nothing about sending doc by emails. 

    anyone who got CC with only docs uploaded without sending doc by e-mail?

    I don’t think we neee to email, just called NVC and lady said it will take 3 weeks from submission.

    Citizenship

    in US Citizenship General Discussion

    Posted · Edited by Airman

    This is strange, interview in a week, never heard of.Are you sure it is related to your N400 ? Even for biometric it takes a month or two. May be you want to read the notice again to make sure it is for N400 interview? Also have you received receipt notice of your application? 

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