Jump to content

clw654321

Members
  • Posts

    380
  • Joined

  • Last visited

Reputation Activity

  1. Thanks
    clw654321 reacted to da95826 in No NOA for I-751; Work Travel Necessary [split topic]   
    No, not the people not letting board the plane, the issue is she would not be able to get on an airplane without valid proof of LPR status. Without current proof airlines will not let you on to the plane, the border agent may look her up and see she has an i751 pending but I would not count on that either.
    The problem is she is likely to get stuck out of the USA without the extension letter plus an expired green card or a stamp. Don’t travel outside of the USA without proof of your LPR status.
  2. Like
    clw654321 reacted to da95826 in No NOA for I-751; Work Travel Necessary [split topic]   
    Make an emergency infopass appointment to get an i551 stamp in her passport. Bring proof of travel outside of the USA, bring proof you filed your i751 (check cashed or credit card charged) tracking info of package. 
     
    You will need to prove the urgent need for the stamp to get one quickly.
  3. Like
    clw654321 reacted to Rocio0010 in Update Green card   
    True. Most people -even if they don’t know you very well- will write something to help you. The key word in the instructions is “should”. Just because it is listed as a suggestion, doesn’t mean they have to be part of the application.
    In a case that is loaded with substantial evidence, such as joint back accounts, joint taxes, leases/ deeds, I do not see an affidavit bearing much weight.
    Conversely, if the couple not have strong evidence, an affidavit *might* be of help. But as you said, maybe it is something that officers read on a very good day…
  4. Like
    clw654321 reacted to Rocio0010 in Update Green card   
    You're right and I stand corrected. It is not in the instructions for the i-751. It is, however, on the instructions for the i-130 stated that you SHOULD submit one or more of the evidence listed (and there is a list which includes the affidavits by third parties). The use of "should" tells me it is not a must. Actually, the word "should" is also on the instructions you copied from form i-751.
    I do understand your example and I think it is a very relevant one. However, if it not required from everyone by law then you can't penalize someone that doesn't have it. Meaning, you can't penalize those that didn't have the COVID test or those that did not present the affidavits.
    Right, and even though they are on the hook, I have yet to see an affiant testify in front of an immigration officer (but just because I haven't seen it it doesn't mean it hasn't happened). 
    In my opinion, they are weak evidence because anybody can write whatever they want to make you look good, even if they barely know you or your spouse. 
  5. Like
    clw654321 reacted to Carpe Vinum in Update Green card   
    Affidavits are weak because they are subjective. Anyone can write one for you even if they know you or not. Not saying they won't consider it but 3 years of joint bank accounts that show deposits by both parties and shared deeds/lease agreements are much stronger direct objective evidence. I work as a senior adjudicator in another federal agency. We get personal statements all the time..."Bill is a stand up guy", etc. They get filed under the miscellaneous tab and rarely looked at again))) I understand if it is all you have then send the affidavits. A lot of people just feel the need to send in an enormous amount of evidence. I would much rather look at a clean file with strong evidence two inches thick than dig through a suitcase of paperwork. Some of which may be superfluous. Which one do you think I'm going to push aside for later in the week when I have the time and stamina to look at it. If you think they are all done in strict order based on when they are received you are fooling yourself. The people who adjudicate these cases are human, also. They probably have a production number to hit (cases per day, week, month).
  6. Like
    clw654321 reacted to Alekezam in Update Green card   
    I'm just curious, where  does it specifically say in the instructions that "affidavits" are optional and that you "may" submit them if your other evidence is not strong enough and that they are weak? As far as I can tell based on what I see in the instructions is that affidavits are one of a number of examples listed. All of the examples (1-5) listed in the instructions are listed fall under the same paragraph that states "documents should include, but are not limited to, the following examples". It doesn't say anything about example 1 being stronger than example 2 or example 5 being weaker than example 4 and so on. 
     
    Not disputing that many people have not sent in affidavits and have been approved without them just like the same can be said for those who have included them. That's like saying "I was traveling outside of the US and when I came back no one bothered to check if I was tested for COVID so that means you don't need a test to get back into the US. I met a bunch of other people that had the same experience so yeah, even though the rule states that you do you actually don't!"
     
    In my opinion, and I highly stress opinion because a lot of people on here tend to throw around advice like it's law rather than a recommendation, including affidavits is a good thing because whomever is providing an affidavit is on the hook as they are legally bound to testify before an immigration officer if it comes to that. 
     
    I've pasted the evidence section within the I-751 Instructions verbatim below. 
     
     
    Evidence of the Relationship

    Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered
    in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents
    as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to
    the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The
    documents should include, but are not limited to, the following examples:

    1. Birth certificates of children born during the time of this marriage, if any;
    2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence;
    3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and
    checking accounts with transaction history, complete joint Federal and State tax returns, insurance policies that show
    the other spouse as the beneficiary, joint utility bills, or joint installment or other loans. If applicable, submit copies
    of military Leave and Earnings Statements showing receipt of Basic Allowance for Quarters (BAQ) with family
    members and/or Form DD-1172 for military family member identification cards;
    4. Other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading
    U.S. immigration laws; and
    5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence
    was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to
    testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be
    submitted and also contain the following information regarding the person making the affidavit: his or her full name
    and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete
    details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of
    evidence listed above.
  7. Thanks
    clw654321 reacted to Rocio0010 in Update Green card   
    That’s really up to you. I am planning on sending some, but not too many. We simply don’t take too many pictures. Mostly pictures where we are with people. 
    Yes, your window opens on the 16th. However, I’ve read cases were (say) they send it on the 14th thinking it will get there on the 16th, but instead it got there a day earlier and package was rejected. So if I were you, I’d have everything ready to send on the 16th, but I wouldn’t actually mail it until the 18th.
  8. Like
    clw654321 reacted to Rocio0010 in Update Green card   
    Affidavits are considered weak evidence. They are good to have if your other evidence is not strong enough. Note that the instructions on I-751 say that you MAY submit affidavits -this, they are optional. I’ve seen tons of people approved without an affidavit.
     
    And yes, the evidence should cover the whole span of your marriage. So for example for my roc in January I will include some of the evidence that I sent for my AOS, such as tax returns, leases, insurance cards, etc. And I will add that to the newer evidence that we send (mortgage, deed, new insurance cards, etc). Hope it makes sense 
  9. Like
    clw654321 reacted to CMJuilland in Update Green card   
    No, we had to do AoS, so we had an interview then.  That’s how our RoC interview could be waived.  
  10. Like
    clw654321 reacted to Rocio0010 in Update Green card   
    Getting the package rejected wouldn’t be the issue. You’re not going to get the package rejected because the people that receive them are usually not the adjudicating officers. The people that receive them just make sure that the forms are signed and that the payment is there. Period. 
    Once your adjudicating officer gets to the package and the evidence, that’s when you’ll know if your Evidence was substantial or not. 
    It’s not about showering with evidence either. It’s about being able to tell a narrative of your every day life to an officer that doesn’t know you. So if you present little evidence, you definitely have more chances of getting delays down the road.
     
     
    Anyways, back to OP: read through the VJ guide, include as much relevant evidence as possible, and make sure that the evidence covers the span of your marriage up to the moment you submit.
    A cover letter is not obligatory, but is highly suggested to make it easier for the IO to follow along. Use under tabs for each document that you are sending. Send only a copy of everything, and keep the original for yourself. And once you send, don’t stop collecting evidence: sometimes, ROC can take a year or two, and the officer might want to see updated evidence. 
  11. Haha
    clw654321 reacted to Alekezam in Update Green card   
    Look, all I was saying is that outside of what is required there is no right or wrong answer. Only advice. 
     
    I am not here to argue with you, I tried as best as I could to shed some clarity to my stance but that obviously didn't work. 
     
    So to avoid any further conflict I'm just going to agree with you, so to anyone filing their I-751 please be sure to provide no less than hundreds of pages of evidence, otherwise, you run the risk of getting your package rejected. 
     
  12. Like
    clw654321 reacted to Alekezam in Update Green card   
    I never said it was inaccurate. 
     
    Some people may have a couple of hundred and some may not. It all depends on the specific circumstances of each individual and how they present their evidence. It is inaccurate to give everyone the impression that "all" people need to provide hundreds of pages. I did not count the exact number of pages our package was but if I were to guess it was either less than or right at 100 pages. We had no issues, our case was accepted and we received our extension notice shortly after submittal without a hitch. Am I saying that everyone will get by with the amount we sent in? No. 
     
    I don't think it's fair to subject people to unnecessary fear with what they consider to be facts when it should actually be advice. Just like you say there are tons of cases that are rejected for the bare minimum the same can be said on the flipside. There are also tons of cases that are approved with the bare minimum. Like I said, there are a lot of variables that play a role into what happens and we can't predict what will happen simply because we can't control some of those variables.....i.e. an officer who has a chip on their shoulder or one who is super cool.
     
    All we can do is give advice.....it's everyone's choice to do what they want to with that advice. We shouldn't be telling people that they have to do it a certain way  (outside of what is actually stated in the official instructions)  isn't right. That's all I'm saying. 
  13. Like
    clw654321 reacted to Chocobo in Update Green card   
    Make sure you don't send it in before your window opens or it will be rejected!
  14. Like
    clw654321 reacted to CMJuilland in Update Green card   
    As others have said, better more than not enough.  We got our ROC approved this summer (also K1 with AoS and no RoC interview), and we sent quite the pile as well.  Although I don’t think it was literally a couple of 100 pages, the envelope was quite thick:
    deed for our home we had just moved into with both of our names leases from two prior places we had lived at with both of our names mortgage statements with both of our names (there is nothing that screams comingling of lives louder than joint assets and, even more so, joint debt was what we thought) car loan with both of our names joint tax returns from two previous years benefits (e.g. life insurance) with other spouse as beneficiary bank statements of joint accounts (one checking and one savings account, about one statement per quarter) insurance (homeowner’s and car) showing both names  tickets for a past and upcoming (at the time) trip to Switzerland to see my family  
    Also, I kept a digital copy of everything I sent and started a folder where I collected stuff for my citizenship application the moment we had sent out our RoC application as I knew I was going to apply under the 3 year rule.  
    I also scanned everything I sent in the order I put it into the envelope, just in case I would get an RFE.  
     
    I hope that helps.  Good luck to both of you, and may your RoC go smoothly! 
  15. Like
    clw654321 reacted to Crazy Cat in Update Green card   
    It is never too early to look ahead and start preparing for immigration milestones.  
  16. Like
    clw654321 reacted to Crazy Cat in Update Green card   
    This what we sent when we filed my wife's I-751 in 2019:
     
    Apartment lease with both our names & signatures
    Joint bank checking acct statements since wife's arrival in June 2017.
    Deed for new home with both our names
    Mortgage Lender Letter with both our names.
    Credit Cards showing both on joint account with same card number.
    Amazon delivery label showing both names and our current address.
    Wife's Military Dependent ID card showing me as the sponsor.
    Tricare Eligibility Letter showing both of us together.
    Military pay statement showing wife as my benefic.
    Texas Health Care Directives appointing each other as sole health care proxy(Advanced Directives)
    Our Texas driver's licenses with same address for both of us
    2018 Joint Tax ReturnTax Returns 
    Pictures of us on special occasions here in the US.
    Car Insurance Cards showing both of us as insured drivers for our car
    Boarding Passes for Las Vegas Valentine Day Trip 2019
    Utility application showing both our names for our current address    
  17. Like
    clw654321 reacted to HRQX in Update Green card   
    *on or after November 16, 2021: https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse The date I-485 was approved is what matters: https://www.visajourney.com/timeline/profile.php?id=300239
     
    *** Moved to Removing Conditions on Residency General Discussion forum ***
  18. Like
    clw654321 reacted to Sarge2155 in Update Green card   
    Looks like you'll be in the ROC window on or after November 26, 2021 (not before this date)
     if I am reading your profile correctly. That's 90 days before your wife's green card expires. Better get busy putting things together.
  19. Like
    clw654321 reacted to Jöla in Update Green card   
    I-751 Removal of Conditions (ROC)
     
  20. Like
    clw654321 reacted to Carpe Vinum in Who Else Thinks Their Spouse Committed Marriage Fraud?   
    Yes, I am always a little surprised at the pushback I get sometimes for the observation that you don't have an actual relationship until you meet in person.
  21. Like
    clw654321 reacted to TL2016 in I thought I'd seen it all   
    You can’t compare your case to anyone else’s and you also cannot judge a case based on surface-level information that’s may or may not even be accurate. Each case is unique. One couple might actually need a binder of evidence and still gets asked for more, whilst other couples are so low risk that commingling finances are convincing enough. 
     
    Your case is already approved so I’m unsure why this would matter to anyone but the adjudicator. Be happy for those with uncomplicated approvals and hope for the best for those still waiting. That’s all there is to it. 
  22. Like
    clw654321 reacted to geowrian in CBP officer at the airport   
    Only USCs are guaranteed entry. All others can be denied if deemed inadmissible.
     
    With a valid K-1 visa, I would not expect an issue unless there is reason for the CBP officer to suspect the visa was issued improperly or will be used improperly. For instance, if the officer believes they already married abroad (people have done this) or that they do not intend to marry (this has happened too - don't joke around with CBP when they ask questions), or if there is a new criminal offense that makes them inadmissible since the visa was issued, or a new EO is signed that bars her for whatever reason.
    In >99.x% of the cases, a K or immigrant visa holder has no issue at all.
  23. Thanks
    clw654321 reacted to Lil bear in In US. I-130   
    Yes. AOS should be filed ASAP
    snd include a copy of the NOA1 for the I 130. Also file for  the employment Authorization EAD and travel Authorization .. AP   Both are no charge when  filed concurrently with the AOS. 
  24. Like
    clw654321 reacted to Suze1 in stimulus check amount for a US citizen and her nonresident spouse with a SSN   
    FanTASTic!
    (We are from PH too....Makati...by the way!)
  25. Like
    clw654321 got a reaction from Suze1 in stimulus check amount for a US citizen and her nonresident spouse with a SSN   
    2019 if you filed direct deposit. 2018 if you didn’t file. If you did not do direct deposit it could take up to another month. Credit Unions are way faster.
×
×
  • Create New...