NJI751

23 hours ago, CheeseMonstah said:

Kudos on the confidence! 

Sometimes you need to believe it to win it. At least that's what happened to me.

What you are asking about is "Immigrant Intent". Once you show "Immigrant Intent", you will most likely not receive a non-immigrant visa like the tourist visa.

Now, in terms of the DV Lottery.

1.) Entering the DV Lottery does NOT show Immigrant Intent. In fact the Embassy does not have a list of people who entered.

2.) Winning the DV Lottery also does NOT show Immigrant Intent. The Embassy will have a list of lottery winners, but this does not preclude you from getting a tourist visa.

3.) Winning the DV Lottery and then subsequently applying for a Immigrant Visa from DV shows Immigrant Intent. You will not get a tourist visa or any other NIV at this stage.

12 hours ago, devo77 said:

I just checked and her resident since date does state the date of ROC instead of her AOS date which was on the original card. Also, I noticed it doesn't have her signature beneath her picture on the front of the card like her orig GC. Should there be a signature there?

Looks like USCIS is messing up a certain batch of Green Cards. Well, they are messing up everything.
 

I think you should definitely get the date fixed to the date of the AOS. Not exactly sure of the process, but I'm sure you'll find your answer if you search the forum.

@Butterfly1921

Oops. Sorry, did not mean to give wrong info. Although I wanted to bring FBAR to your attention.

Please let us know what you find.

1 hour ago, Butterfly1921 said:

Hello, yeah this is going to be where I've gotten myself into a lot of bother.

 

Basically I have an accountant that I used when I was back home to file taxes. When I moved to the UK, he was insistent that I didn't need to file. We had a lot of arguments about it and I sent him various websites (including IRS) basically proving I still needed to file even if I didn't have to pay, but he sort of flatly told me there's no need and came up with a lot of excuses why he couldn't do it.

 

So essentially I've not filed for the last couple of years, which is a major issue. It's completely my fault for not pursuing it harder. I'm in the process at the moment of filing my past due returns.

 

I'm hoping that if I file everything now, pay the necessary penalties and include a letter explaining my mistake they won't judge too harshly, but who knows Do you think that will have a massive negative impact on our visa app?

It could have been that your income was under the filing limits? But FBAR, which is about Bank Account Reporting, could cause you issues. FBAR is a part of the Tax Return, I think. A quick Google search should tell you all that you need to know about this. You might even get money back - who knows!

I think you should go ahead and file all your past due returns - it should be fine. USCIS is fine with late returns AS LONG AS you file them. Had something similar happen to me.

@Ksenia_O

Not me. But @Element wrote this:

"March 15 2018 - Setup an infopass appointment and got i551 stamp. Officer was very nice and we had a good conversation about certain foods. Gave me 1 year travel extension , 6 month work permit but also stated that I should be receiving some news by then ( dont recall if he just said "news " or "good news " ) . He didnt tell me anything about any delays as most of you might have been informed."

Just now, Ksenia_O said:

I also believe so - case are still in VCS or CSC. At least the most of them. They probably have been moved, from  "reviving room" to  a "waiting to be reviewed" room. But yes still there. 

 

About interview... It's hard to believe they will be able to interview that many people.. Besides, to have an interview  - the case has to be sent to your Local (Field) USCIS Office.... But - let's wait and see

I think the best approach might be to just file the N400 to speed things up when you are eligible.

@Element

This is all very confusing. Few questions for you -

1.) So which number should we check with? I-751 or CR-89? Are you saying that by creating a USCIS account you can check both numbers.

2.) Why did they give you a one year travel BUT ONLY six months EAD?

Just now, Ksenia_O said:

I also believe so - case are still in VCS or CSC. At least the most of them. They probably have been moved, from  "reviving room" to  a "waiting to be reviewed" room. But yes still there. 

 

About interview... It's hard to believe they will be able to interview that many people.. Besides, to have an interview  - the case has to be sent to your Local (Field) USCIS Office.... But - let's wait and see

I think the best approach might be to just file the N400 to speed things up when you are eligible.

25 minutes ago, nimba70 said:

infopass is done by appointment, a one on one visit to uscis, office. Maybe I am missing something so forgive me if I wrong

I think you caught him in a lie

Just now, nimba70 said:

this guy or girl just here to push a panic button and cause the forum to light up with worried souls.. this story is nothing but a tall tale

Maybe this poster is not lying - but he could be dealing with incompetent USCIS workers. Not the first time we will have encountered one of those.

And in their defense, the directives coming in from the executive branch are so confusing, the bureaucracy is probably struggling to respond. And they were already slow.

1 minute ago, TQTNSL said:

We all hope it’s not true, nobody wanna go through that torture again. Until we have any official announcement from USCIS I will just brace for the worse and be well-prepared. I talked to 3 tier-2 officers this morning, 2 at the field office and 1 via the national center and they all told me the same idea.

Can you post here what they exactly told you.

15 minutes ago, TQTNSL said:

Hi guys, April 2017 filer here. Just done with my infopass appointment at local field office in Texas. My status was also changed to received at local office on 02/25/2018. The officer told me starting last year and pretty much now, all I-751 will need to schedule for interview and it depends on how fast the local field office can process and schedule for interview. He said could be anytime from 1.5-2.5 years as they will have to do intensive background check, house visit and so on. 

This was some low level person who has no idea about what's going on. Just because someone works at USCIS does not mean they are "in the know".

If USCIS starts interviewing and house visits for all applicants, I expect the wait times to become 3 years at a minimum. Basically, this is not going to happen. Source: Some common sense.

Oops, I am an idiot for not reading the whole thread. Congratulations.

Did you guys apply for Citizenship yet?

HI @Aguyandhiswife-

We are in a somewhat of a similar situation. Please see my thread here: 

Can you please keep the forum posted on any developments in your case? Thank you!

5 hours ago, bruceandbessie said:

 This post probably would help ? 

Thank you!

3 hours ago, databit said:

Married filing separately (in the state returns) is the highest tax bracket. Also, any educational grants or loans are considered income, which would be in NJ. 

Moot point in an immigration forum, but educational grants are only taxable if they are above the tuition number. So if you get a scholarship for 60K, and tuition is 50K, only 10K is taxable income.

2 hours ago, nightingalejules said:

The USC will need to file a change of address form (I-865) with USCIS - they will put their "physical address" as the place they're living while taking the master's program and their "mailing address" as CR's address in NJ. 

 

The CR, as you've already stated, will file AR-11 to change their address (both physical and mailing) to the new apartment in NJ. 

 

It is reasonably likely that you will receive an interview, since this situation is not the most common, but it's certainly not unheard of either. Sometimes for work or educational opportunities, "real couples" temporarily have different addresses. 

 

If you get an RFE, include a cover letter explaining your situation. It will ultimately be fine - you may just be subject to a little more scrutiny, but you know your marriage is legitimate, and will definitely be able to prove it. 

Thank you for telling me about I-865. If you did not tell me, I would have no clue.

I am concerned about one thing though - USC will have no income while doing their Masters. Is this a concern? 

24 minutes ago, databit said:

Definitely hire a tax accountant for filing taxes for 2018 forward. Although you can still file federal as joint, you will likely need to file separate state returns (married filing separately) so expect a tax hit.  It gets very complicated.

What do you mean  by a tax hit? I am expecting a bigger refund since I am not going to be working for 5 months. But I expect to pay more for Accountant fees. Out tax situation is already complicated NYC, NY State, NJ State.

One question that has not been answered here whether we can file for 3 year N400 in Jan 2019?

       Situation:

1. Nov 2015 - Entry into US on K1 Visa
2. Dec 2015 - Marriage/File for AOS
3. April 2016 - Get work permit (EAD & AP) & Green Card (Wow that was fast!!! )
4. Jan 2018 - Filed I751(NJ Filers, VSC)
5. March 2018 - USC Spouse gets into a prestigious 2 years masters degree program in a city 4.5 hours away. The Conditional Resident has a well paying job in NYC. The CR does not want to quit their job and wants remain in the NJ area and their company does not have a branch in that other city. (USC + CR have been living and working in NJ area  since CR entered the US on a K1 Visa in Nov 2015)
6. August 2018 - USC Spouse quits job in NYC and moves to a city 4.5 hours away to begin their Masters degree. USC and CR plan to see each other at least once every month. Keep each other as the beneficiaries in 401k accounts, Life Insurance etc. Maintain joint bank accounts. Take vacations together. This is until USC Spouse finishes their Masters and move back to the NYC area. CR will move to a new apartment in the same city in NJ they were living in and change their address with USCIS.

       Evidence submitted with I751 (We will maintain this even while living in different cities)

1. Pictures of vacations in Latin America/Europe and many other random pictures of us together, including our wedding
2. Joint Tax returns for 2015 and 2016. Filed 2017 after sending in I751.
3. Joint Checking Account with transaction history from Jan 2016
4. Joint Saving Account with transaction history from Mar 2017
5. Joint Health Insurance in 15,16,17,18
6. Designated each other as beneficiaries in Life Insurance/401k from our jobs

• Question: Do we need to report anything to USCIS? Of course if we have to interview for ROC, we will be honest and present evidence that we are still a legitimate couple
• Question: Can we file for N400 based on the 3 year rule in Jan 2019 if we are living in different cities?

       Thank you in advance for your thoughtful responses!

@NovaSpringsLove your musical taste. Unfortunately my spouse doesn't share my taste in heavy music, so although I've been to see a lot of heavy metal bands, no "co-mingling" going on our musical journeys.

OP,

Your first joint sponsor might have felt financially unsafe when you went around asking for more documents. While it is sad, it is understandable as.

You need to make a solemn promise to your second sponsor that you guys will be self reliant and not be dependent on them. 

OP, did you/your husband not files taxes because your income was under the filing limit? (Not sure what that is right now).

When I went for my immigration interview, I was a college student and had not filed tax returns because I did not earn enough and USCIS had no problem with it. (This was for Citizenship.) And you could be leaving money on the table by not filing.

However, if you have not filed and owe taxes, you are going to face a hard time with USCIS.

As the others have suggested, you need to act on this NOW!. If you can get some proof from IRS that you have filed, and are willing to pay your taxes, USCIS is OK with that. I have personally seen cases where Citizenship was approved even when taxes were owed, but they had a payment plan agreement from the IRS.

2 hours ago, mcfarljw said:

I do. It's obviously something that isn't clear to everyone since it keeps coming up on the forum. Given it's something that does come up so much here it doesn't really show up on any "what not to do" or "common mistake" lists or as warnings on any guides. It's just something you find if you are specifically looking for it or happen to stumble upon it in a post, usually a bit too late.

 

Seems like it might be something useful to mention on the website somewhere in the guides rather than scattered about this forum in various posts.

Definitely.

Moderator should make this "unofficial ceremony" warning a sticky in the K1 thread. I did not make this mistake when going through the process, but I can also see, I could have easily made that mistake.

@WeGuyGal

Fair enough. I did read the article, but that doesn't exactly apply to this case. I closely follow SCOTUS decisions on Immigration related issues. The point I was trying to make is that there is a high bar for de naturalization. 

By posting the two links, you are making the explicit assumption that the OP committed marriage fraud. Who knows, maybe he did. But for now, let's take him at his word. 

The USCIS Officer was using scare tactics by saying that you can't have a legitimate marriage if you are only together for 5 months. That is absolutely not the case. The law does not discriminate based on how your long your marital union was - as long as it was entered in good faith. As long as the USCIS can't prove that the OP entered his first marriage fraudulently, they can not denaturalize him.

Please don't listen to the negative posters on this forum. The bar for denaturalization is extremely high, and the burden of proof is on USCIS to show that you lied during your Green Card or Naturalization application process.

Read this from the NYT for context:

https://www.nytimes.com/2017/06/22/us/politics/supreme-court-citizenship.html

And the USCIS officers are trying to scare you hoping that they catch you in a life. Be consistent with your answers. There is no law that says you had to be married for X amount of time for a marriage to be entered in good faith. And that's the key here, if you entered your first marriage in good faith, you have nothing to be worried about. I know I said the burden of proof is with USCIS, but it would still help if you had the evidence you submitted ruing your ROC Application.

A court can not make decisions based on the words of a jilted ex-spouse. That's not how the law works.

If you can afford it, you should still get a good lawyer.