AB&BB

19 hours ago, OldUser said:

There's only one way to find out for sure - to go and try. I'd bring receipt for I-751.

 

No consequences, it's safe. If you don't get it, you can always try again and/or file I-90 and try with it.

THANK YOU SO MUCH for your response!! I REALLY appreciate your help!! It really helps a lot in a time like this with so much worry and anxiety about the process. Thank you again!

Hi OldUser, thanks for your quick response!

So just so I understand you correctly: you think we can just go to the InfoPass appointment and get the stamp WITHOUT filing an I-90 first?

If her statement turns out to be incorrect, would there be any consequences beyond just a rejection if we did not file the I-90 before showing up to the appointment?

Thank you again for your responses and knowledge. I really appreciate your kindness.

On 3/29/2024 at 9:13 AM, AB&BB said:

I asked if we need to file the I-90 before or after this appointment and she said that we do not need to file the I-90 since our I-751 is in processing. I asked if filing the police report for the lost card would cancel that processing or cause any problems with it and she said that it would not. Is her information accurate? 

Anyone have an answer for this? Should we go ahead and file the I-90?

UPDATE: 3/29/2024

I called USCIS for InfoPass appointment and I explained our situation. The agent told me that we could set up an appointment to receive an I-551 stamp at one of their office locations. We received a verification number and the phone number they will call us from and we should receive a call within 30 days. I asked if we need to file the I-90 before or after this appointment and she said that we do not need to file the I-90 since our I-751 is in processing. I asked if filing the police report for the lost card would cancel that processing or cause any problems with it and she said that it would not. Is her information accurate? 

Hi OldUser, thank you for your reply. Is there a guide on "How to" "getting Infopass and getting passport stamp?" I've never heard of either of those so I wouldn't know where to start.

Thank you again for your reply and your time.

Hello randomstairs, thank you for your response. I appreciate you taking the time to read and reply. I just have a couple of questions:

Since the green card was already expired in October 2022 and the I-751 is already being processed, won't that take priority over an I-90? In other words, since we already have the extension from the I-751 (I know that needs to be in conjunction with the green card) and we are waiting for the conditions to be lifted, doesn't that make it unnecessary to replace the card? 

Or did we screw up any chance of that with filing the police report?

Thank you again for your time.

Hello,

My wife and I received her I-797C notice on March 25, 2023. Last Thursday we went in to sign our tax filing documents and took in all her documents and IDs as we always do. The last thing I remember from handling her green card was placing it on the counter of the front desk in case the receptionist needed to make a copy. I thought I collected it and placed it back in our bag that we keep all of her documents in. However, the following day we noticed it was missing. We have checked everywhere multiple times, including going back to the filing office we visited, talked to the front desk and the CPA, and checked the parking lot. They checked with the cleaning staff but no one has found it. We checked the car, our clothes, the folders -- everywhere. Somehow it disappeared and we have no idea how.

We ended up filing a police report that same day we noticed it was missing to report it lost. I went to the post office to see if they had received it in any of their boxes but they said there is no way of knowing that. I see on the back of the photocopy we have it says:

"If found, drop in any US Mailbox. USPS: Mail to USCIS, 7 Product Way, Lees Summit, MO 64002"

My question is, if someone picked it up and followed those instructions and it ends up back at the USCIS office in MO, will they mail it back to us?

I know the form I-90 is what you need to file to replace a lost or stolen card but if it is supposed to make its way back to USCIS by default (if someone doesn't toss it in the trash or keep it) then why do we need to file an I-90? We are hoping it will turn up within a couple of days but I want to see if we should wait for USCIS sends it back to us (if it's found) before filing an I-90.

Any advice or tips will be greatly appreciated. Thank you.

Thank you all so much for your help!! We feel much more confident now about filing and knowing we will be able to get it sent in at the right time. 

Thanks, everyone!!

Thank you. If this is the correct form then what is the purpose of it having an expiration? And what does it mean if it is expired? 

Just a little confused is all.

Hello,

My wife and I are preparing to begin the filing for removing the conditions on her green card. Her card issue date was October 20, 2020 with an expiration date of October 20, 2022. It is my understanding that we should have the packet send off as soon as possible after July 20, 2022 at the start of the "90 day window." 

We are following this guide: 

I am wanting to verify that we have the current form, as the form we have downloaded and the one appearing on USCIS's website says "EXPIRES 12/31/2019" so I'm a little worried. I don't want to make the mistake of sending a non-current edition of the form and it being rejected and losing the $680 filing fee.

Any help would be much appreciated! Thank you. 

15 minutes ago, Nitas_man said:

I dont think it matters really but I fedex’d mine after she received Packet III and a case number from the embassy

Note: her consulate DID want original I-134

9 minutes ago, payxibka said:

If you want to send the I-134 (including "wet" signature page) ahead of time via post or express you can.  If you choose to update the supporting evidence (returns, pay stubs, etc..) at a later time you can do it via email with a scan of the updated information

Thank you so much!

Thanks for the replies.

I read through all the links that Greenbaum provided but none of those pages provided an answer to my original question "When is the time to mail my fiance the I-134 with all supporting evidence?"

Still trying to find information if I should send it right away (after receiving NOA2) or if I should wait until NVC has processed the petition and sent it to the consulate.

I've searched and searched but still have not found an answer to this question. 

Hello, just as the title states, I'm looking for information on when to mail my fiance the I-134 with all supporting documentation (as per the official K-1 guide).

The guide doesn't specifically state an exact time frame to mail this packet, only to send it after the NOA2 is received.

I (the sponsor) received the NOA2 a couple of days ago and I already have about 75% of all the supporting documentation for the I-134 packet.

But should I wait until we hear from NVC that they have processed the petition? Or do I send it immediately (It's going to Rio de Janeiro, Brazil)? The NOA2 letter doesn't make any specific mention of when to send this either but I've read that they send another notice of what to send next after they have processed the petition.

I'm just concerned about having the absolute most current pay stubs, bank statements, dated forms, etc. Would it matter if I send all of that next week and we end up waiting a month or two before the interview? It takes significant time for mail to arrive in Brazil so that's why I'm so anxious to get this sent off ASAP.

Any help would be much appreciated, thanks.

Hello,

I apologize in advance if somewhere on these forums this specific question has been answered. I have searched and haven't been able to find something that exactly matches my case.

So, here's the full story from the beginning:

My fiance and I met online a couple years ago and began dating. She is from Brazil. We wanted to meet and in 2016 she applied for a tourist visa, which was denied. She tried again last year in 2017 and got her tourist visa. She came to visit me from November 2017 to February 2018. After she returned home to Brazil, we decided we wanted to go forward and get married. 

We had both done some research into the options available for this. I wasn't sure, so I called USCIS and talked with an agent. The agent told me that there were two options for getting married and changing her status to permanent. The first was to get married while she was here on a valid visa and simply apply for a change of status. The second was to go through the K-1 process. It seemed a little strange to me since the K-1 would take much longer and cost a lot more money. I called again and talked with a second agent who confirmed what the first agent said. I asked the agent verbatim "Can she enter the country saying that she will get married to me with a tourist visa?" and the agent said "YES." Logically, the first option made much more sense, so we decided we would get married when she returned on her tourist visa.

A couple of weeks ago, she tried to enter the country again. When she was questioned by immigration, she openly stated she was coming to get married to me. I received a call from one of the officers detaining her and confirmed what she said. We weren't trying to hide anything as we genuinely believed what we were doing was proper and valid. The officer said that USCIS tells a lot of people they can enter with a tourist visa to marry a US citizen but unfortunately, it is not true. So, having been lied to and led astray by an official government agency, the very one that issues visas and citizenship, was pretty shocking. We were stunned and devastated that they weren't going to let her into the country. 

I won't get into all the abuses she suffered while being interrogated and detained, but basically they never requested a translator so she didn't understand most of what they were asking her and forced her to sign a Withdrawal of Application for Admission/Consular Notification (Form I-275). She was too shocked and scared to ask for a translator because she felt as though they were treating her like a terrorist. On the first page, under "Basis for Action," there is checked "Visa/BBC Canceled" and "Ordered removed (inadmissible) by DHS - Section 235(b)(1)(order attached)."

On the second page, it states, "While under oath, subject stated she has met a United States citizen online and was coming to get married to him. Subject was very honest and upfront."

"Subject was inadmissible to the U.S. under 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act for being an immigrant without documents as she was coming to stay and live in the United States." "... a Withdrawal of application was offered and approved. Subject was advised she could no longer use her B2 visa, subject was advised she will need a visa next time traveling to the United States."

On page six, it states, "Q: You have been found inadmissible to the United States pursuant to 212(a)(7)(A)(i)(I) of the INA. You may request permission to withdraw your application for admission in lieu of a formal determination concerning your admissibility. This request is strictly voluntary. If you request permission to withdraw your application for admission, your visa will be cancelled and you will be removed from the United States at the earliest opportunity. If you choose a formal decision, you will be ordered removed and prohibited from entering, attempting to enter, or being in the United States for five years from the date of your departure from the United States."

The last page is a statement that includes, "... I request that I be permitted to withdraw my application for admission and return abroad," and her signature.

The rest of the paperwork details the remainder of the detention and search and all the questions they asked her and her answers. She told me that every single one of the officers she was in contact with told her, without her asking, that she would have no problem getting a K-1 visa if she applied. She and I have both searched extensively online for the meaning of the above-mentioned codes, the ramifications of being "inadmissible", and anything else that can shed some light on whether or not she is able to return to the U.S. with no problems or restrictions.

So, my questions are:

1. If she requested to be permitted to withdraw her application, then why is the box on the first page, "Application for Admission Withdrawn" not checked?

2. Does either  "Visa/BBC Canceled" or "Ordered removed (inadmissible) by DHS - Section 235(b)(1)(order attached)" mean that she will need a waiver to enter the country again?

3. If she does need a waiver, do we need to file it before or after we start the K-1 Visa process (filing the I-129F)?

4. And heck, what does being "inadmissible" even mean? Does that mean that anyone found inadmissible can't enter the country without a waiver?

5. Is there any government agency that can answer the question of whether or not she needs a waiver? 

I have called the POE number that called me when she was detained and they told me to call the embassy in Brazil. I tried calling the US number for the Brazilian embassy but it wouldn't connect me. My fiance can't call the embassy in Brazil because it is in another state. She has tried multiple times to get an answer from the consulate in her city but every time they tell her she needs an appointment. The only way she can get an appointment is if she has an interview. And the only way to get an interview is if she has applied for a visa. How can we get an answer when this asinine system won't even let us speak to someone to ask them a simple question??

I've searched and searched and found that under some circumstances no waiver is required but for others, a waiver IS required. However, those sources are never specific enough to tell me if my fiance's case needs one or not. And for those people who just say "Contact an immigration lawyer," yes, I have tried to get in touch with two lawyers, one from my area, and the other being Lizz Cannon who people have mentioned repeatedly on this website. I plan on ultimately speaking with one if they ever return my calls but for now, I'm hoping if anyone here can shed some light on these questions that my fiance and I have.

From what I read about the I-601 and I-212 waivers on the USCIS website about "Who May Apply," neither one of these waivers applies to my fiance. I have read the instructions for both and nowhere in either does it cite "212(a)(7)(A)(i)(I)" as requiring a waiver for reentry. If it does, then it is so obscure and confusing for me to see it or understand it.

In closing, both my fiance and I have no problem following the law and taking the appropriate steps to bring her to the country legally. We have no problem waiting our turn in line and paying the appropriate fees to do so. What we DO have a problem with is a nonsensical system that is so arcane and punitive that you are out $935 or $535 for filing in the wrong order or leaving out a piece of information. That is the purpose of this post - to understand, without a doubt, what course of action we need to take.

I appreciate you taking the time for reading this post and any answers to come. Thank you all and I am sure we would be completely lost without this community.