dvddvd

Please help, i am doing the removal of conditions for my 14 year old daughter and I don't know who is supposed to sign the end of the form? My daughter? My US Citizen husband?

Hi. A little bit of advice. We just had our 16 year old daughter's petition returned to us because according to them ... "we filed late". We did not. It seems that they first filter out all "bad" petitions before they are sent on to a "supervisor" to review. Since my wife and her daughter filed seperately .... they mistakenly used my wife's green card's expiration date to determine timing. Hmmmmph

You might want to put a cover letter clearly explaining that your petition is being filed seperately because your daughter followed to join. (We put something to that effect in the petion because it's required, but they obviously didn't read it. USCIS customer service told us that this is a common problem.

Put your explanation of the seperate filing at the beginning of your packet or use some kind of cover letter explaining that it's a seperate filing and not late.

Hope this makes sense.

Good luck.

dvd

Thanks guys! I just finished searching and reading some of these old threads and found out that my Hubby also need to send them

Form I-865! I guess I am gonna have to send this out tommorrow ASAP and then send my ROC package next week. Any advice?

We failed to change both our addresses as well.

We mailed the sponsor's change of address form express and filled out/submitted the AR-11??? online. We waited 2 weeks (just figured that the changes would probably be made within 2 weeks) to mail our petition. Everything worked out. I don't think it's too big of a deal.

Good Luck

Through you.

Thank you.

Hello,

I'm filling out form I-751 for my step-daughter to remove conditions. She came her on a K2 (follow to join). Her mother has already removed conditions.

Did my step-daughter gain her conditional residence through me(sponsor) or her mother(K1)?

Thanks,

Dvd

This case is only applicable in an indirect way. Mr. Amir-Moezi's visa was derivative of his father's work visa, and his LPR status was derivative of his father's status. When his father abandoned his status, that abandonment had to be imputed on everyone who derived status from his.

dvddvd's step-daughter also derived her visa and status from her mother's visa and status. Her mother has maintained her status, which means she remains eligible to have derivative status, but her derivative status is not automatic, and she is still able to abandon it independent of her mother. When they remove conditions, then there will be no more strings attached between her mother's status and her own status, meaning if her mother abandoned her residency then it would not have to be imputed on the daughter. However, either the mother OR daughter could still independently abandon their status.

Technically, it would be a returning resident visa. A re-entry permit application has to be made before you leave the US.

Thank you Bobby.

Thank you Jim.

Your posts and efforts have been extremely helpful and appreciated.

Take care,

Dvd

USCIS issues reentry permits, but CBP are the gatekeepers at the ports of entry. If a returning LPR has been absent for more than a year, and does not have a reentry permit, the CBP will presume they have abandoned their residency. It's up to the LPR to convince the CBP that they have not. The immigrant should be prepared to show proof that they have maintained their residence in the US, that their absence was intended to be less than 1 year (i.e., extraordinary circumstances prevented them from returning), and there is a valid reason why they could not apply for and obtain a returning resident visa at a foreign consulate.

CBP has two options in this case. The first option is they could seize the green card and deny the immigrant entry, which means they'd be placed on a plane back to their home country. The second option is they could admit them temporarily, and refer them to an immigration hearing (what is referred to in the text you quoted from the USCIS web site) to determine if they should be deported. Neither of these would be a pleasant experience for a 16 year old kid.

The stress free solution is to obtain a returning resident visa in Thailand.

Do you think a minor can abandon their residency (her mother hasn't)? She basically ran away because she didn't want to return the USA. Looking for the best way to approach the matter at the embassy. (yes, we'll be talking to a lawyer)

dvd

Bobby,

Thank you for your response.

DVD

If she gets refused entry at the POA -- and after an absence of over a year, which REQUIRES a reentry permit which she doesn't have, this is VERY likely -- she will be send back and she loses the air fare for a roundtrip from Thailand to the US. How much does that cost?

IMHO, this is a no-brainer. Get a retuning resident visa. With it, she has a good chance to get things in order and reestablish her residency, if she, or you, can show that she did not plan to abandon her residency, but that unforseeable circumstances came into play, circumstances that prevented her to get a reentry permit before leaving the US.

Thanks for all of the responses.

Based on what I just read at uscis.gov -

If you stay outside of United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether or not you have abandoned your status. If you are in this situation, contact the U.S. consulate about a returning resident visa.

Correct me if I read the above wrong, but it seems like a reentry permit is not required, but the lack of one does open the door to possibly losing status. Somebody is going to have to make that status determination. (at the poe or at the consulate in Thailand)

At this point, I think we are going to chance it. We'll be risking denial either way and think our odds are better if she is standing in the US before they decide. We have a couple more months before we have to make a final decision.

Thanks again.

Why chance it?

Because we think that it might be a little harder to deny her entry if she's already standing in the USA with her mother waiting to take her home. We're not sure if a 16 year old can be deemed to have abandon status anyway. It would be great to hear (from someone who knows) that a minor can't abandon status.

We're really unsure how we should play this and are hoping that someone has some advice.

Thoughts?

Thanks

dvd

Can a minor abandon status?

My 16 year old step-daughter did not return with us after a summer trip to Thailand and has now been out of the USA for 12+ months. She basically refused to return with us. She now is wanting to come back and her 2 year green card is still valid.

Should we can chance it at the border OR should we apply for a return residence visa at the US consulate in Bangkok? We are leaning towards chancing it.

Thanks for any thoughts.

DVD

I filed the I-129f before my wife changed her daughter's last name. (I don't know if my wife took the name change documents to the fiance interview or not .... my guess is that she did) Her daughter did not interview because we had her follow to join about 6 months later. When we applied for her 2yr green card, we sent the name change documents along with her birth certificate.

DVD

Hello,

? I did a k1 visa for my wife and a follow on the k2 child to follow. I named at the time of doing the orginal

129f his fathers last name which is what is on his birth cert.

My wife before she came to the Usa had his last name changed to her last name and that is what is on his passport and

what was given to the usa embassy in Thailand before he was issued his right to follow k2 visa.

I am now in the process of getting his green card and sent in his birth paper which is required and got an rfe in the mail asking for another copy of his birth cert and a copy of my wifes 129 I-797 (notice of action).

I sense that since I already gave a copy of his birth paper that they might see a problem because his last name now doesn't match what was on his I-129f? I have a certified copy of his name change in Thai and english which now has his mothers last name and I have a copy of his bith paper which has his fathers last name.

Can any of this be a problem or if I send the name change and an explation all will be ok?

Thanks

My wife did the same thing with her daughter's last name, but I'm not sure if she did it before we filed for the K1 or after. So, I'm not sure which last name we used on the original K1 documents. I'll check when I get home tonight and post again. Either way, the last names aren't going to match up (birth certificate/green card) and I do remember sending the government's name change documents along with her birth certificate when we applied for her green card. No problems.

Hope this helps

DVD

http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp

Thanks. My wife and I are beginning to throw around summer vacation ideas and this will help a lot.

Within the US we used her married name, because she doesn't carry a passport. Internationally we have to use her Thai passport name. This causes headaches with frequent flier programs. Some countries (Taiwan, Canada, etc.) give preferential visa treatment if you have a US GC, meaning that you end up having to show both a passport and a GC to enter and this has always required further documentation and caused delays.

Where can you get a list of the countries that give preferential visa treatment if you have a US GC?

It's always a problem for us when the ticket doesn't match the name and we have to produce all kinds of documentation.

Don't you have to take her greencard and her passport when you travel out of the country?? Are you using the name on her passport for the ticket? That's what we do and we've never had to produce any "extra" documentation.

Let's nick-pick. No problem.

As a minor US resident, her US residence is where her mom's residence is. Since her mom presumably did not abandon her residence, nor her residency, she won't have any problems returning to her residence and maintain residency.

Happy now?

Thanks for the response(s). I'm still open to more advice/info on this one.

Thanks again,

DVD

My 15 year old step-daughter, who came on a k-2 visa, has been out of the country since June. She basically refused to return back to the USA after a summer trip to Thailand. She is now expressing a desire to return to the USA in June. Do you think she will be allowed entry? Her green card will still be valid. I'm hoping that since she's so young ... that the "rules" won't apply as strictly to her. Does anyone have experience with this type of situation?

Thanks,

DVD

My 15 year old step-daughter, who came on a k-2 visa, has been out of the country since June. She basically refused to return back to the USA after a summer trip to Thailand. She is now expressing a desire to return to the USA in June. Do you think she will be allowed entry? Her green card will still be valid. I'm hoping that since she's so young ... that the "rules" won't apply as strictly to her. Does anyone have experience with this type of situation?

Thanks,

DVD

My wife grew up "Christian", but her Thainess oozes Buddhism. She has never professed Buddhism with her mouth, but her "way" of looking at things/life, at least to me, screams Buddhism. I think it's a nice mix.

every time you move the gc holder is required to change his address with uscis as well as the person that is sponsoring the immigrant with the affidavit. this can be done on uscis webpage online.

Thank you for the replies. I will have our address updated.

I am not sure if that really matters. Did your conditional green card arrive at the correct address? When you send off your I-751, just make sure your address is typed correctly. I received my "reminder" notice from them at my old address, and so have many other people.

Good luck with your upcoming "exciting" events!!!

We are in the process of filling out the removal of conditions petition. We've moved a couple of times since my wife's 2 year card was issued and we never updated our address with the government. I assumed that we didn't need to and that the 10 year green card would simply be mailed to whatever address was placed on the petition to remove conditions. Is this the case or do we need to do more?

Thanks

Hi,

My wife's 2 yr conditional green card expires 8 months before her daughter's green card expires (k2 follow to join). Can I list her daughter on my wife's application (even though her daughter's card's expiration date will not be within the 90 day window)? We would like to get both of their cards issued at the same time and save a little money.

Thanks for any help.

Dvd

anyone else going in January? Be nice to not worry about snow for awhile

My fiance has been asking when she'll see snow every day since we had a small flurry last week that melted as soon as it hit the ground! I told her it's just not cold enough in Texas for snow very often. She can't believe 40s isn't cold enough!

Tell her to visit Wisconsin. All the snow she can handle with another 10-14 inches coming in the next day or so.

Speaking of snow. FYI - Don't try to say snow, in Thai, around Thai people unless you are really confident in your Thai. I learned the hard way!

I've been to Thailand a lot in the past 7-8 years since the company I work for has been sending me here a lot to work here. Right now I am currently here in Pattaya right now. I thought about this a lot today, I have always wanted to discuss this with someone so I guess I will bring it up here. I hope this doesn't offend anyone but does anyone notice or it seems to me, that most of the men here in Thailand seem feminine. I know there are a lot of katoi and gay kings here but I've seen some men holding hands with some beautiful ladies, talk and act really feminine, do you guys think it's a cultural trend here to act like this? It's like everyone is "metro sexual" here or something. My Thai friends in the US do not act like this and they speak Thai they sound masculine. Is it because there is a mass concentration of gays here that their mannerisms rub off on the whole culture here? Discuss.....

I'm with Anya-D on this one. I'd say the metrosexual thing you are seeing is mostly .... a very popular style. Korean Style. Not gay. Skinny jeans, the hair, ....

I'm with you on that. At least if they ban the sexy college uniforms, topless is the least they could do to sate my farang eyes!

Side note....my teerak had a dream that people were trying to kill me...2 separate dreams last night despite waking and going back to sleep. THis is her first week in the US but she's convinced it's a past life or something (poisoning and drowning). I don't quite get it but I told her if someone wants to kill me, bring it on and let's get it over with (I mean really, I'm just here to bide time 'till I die anyway so when my time comes it's here).

I try to be culturally aware but not sure how to handle the past life thing and how to help her feel better other than the typical "it's OK, we'll be OK don't worry...." She said "they all know your face and they all want you dead" She was crying last night a bit till I settled her.

Any insight from anyone on this? (She's Isaan, if it helps).

You're right Hyena, those dreams are a cultural thing that is kinda foreign to us Farangs. So, you handled that in probably the only way that you can.

Just from my experience, I will tell you this...watch your wife and you'll see that her mind and life will really be seeing/interpreting a lot of new stuff now that she's in the USA. AAm is still the same person as when I met her (Angelic ) but after 2 years here in the USA she has also grown a lot and sees things in different ways that she did previously. Its been wonderful to watch her blossom over the past couple years. I suspect the same is true for all people moving to new countries...they'll learn alot/change alot...etc... All we can do is be there with them as they go through this...

Peace,

MK

Thanks for your comments.

I think she's doing great considering. This was the first event; if she's homesick she'd never mention it. I think Thais are a tougher culture; more resilient given the many unknowns in their own country and my being spoiled rotten in comparison (rule of law, money and food stability, a just a little more racial equality/EEO here but we have no family support like they do...something I always wished I had....

I feel for her but at the same time I'm happy she can enjoy some of the luxuries I take for granted. She's got so many ideas she wants to do when she gets back. She loves the old 1900's wood houses here...she's determined to get one made for her family (the kind with the mini dormer windows). Hopefully we'll live in a cute little old house here soon...

By the way I HATE SCOTLAND! I think we should declare war on them just to get the economy in debt a bit more....heroes welcome for the Lockerbee bomber...great job scutland.

Are you sure she wants to live in one of those houses? You know, with all the ghosts and all.