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Kim2023

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Posts posted by Kim2023

  1. No worries at all, glad I could help.

    You absolutely don't need a cover letter, its definitely not a deal breaker. I just do it to keep everything organized and gives me an opportunity to further explain parts of my application. If you feel like you don't need it, that's perfectly fine too!

    Thank you EV11 once again. keep me/us posted in here reg. your N-400 and specially about the interview process when you get a date. I am in NYC too and the same NYC office @ 26 Federal Plaza will apply to me.

  2. Hi EV11 & Satson5541,

    I too am getting ready to file my N-400 based on the 5 year PR rule & I am based in NYC.

    I wanted to ask you'll a few questions regarding the N-400 application you'll mailed (if you'll don't mind me asking):

    1. Did you mail 5 years worth of tax returns / tax transcripts with your N-400?

    2. Did you send 2 photos with your A# & Name on the back of the photo written in pencil?

    (I think after Sept.2016 the photo requirement changed and only who reside overseas need to send 2 photos, but there is a discrepancy

    between the N-400 instructions manual and the Document Checklist.)

    3. Can you tell me what exactly did you mail with your N-400 ?

    Anyone else who filed their N-400 based on the 5 year PR rule, can also chime in regarding the documents to be sent. Please.

    Thank you.

    Kim

    To answer my own Question # 2 reg. the photo requirements. USCIS has updated their Document Checklist form on 11/21/2016 to reflect the photo requirements. This resolves the discrepancies in between the N -400 Instructions and the Document Checklist. There is no need to send 2 photos if you reside within the US. Only overseas applicants need to send the 2 photos.

    I had downloaded all N-400 related documents and forms on 11/01/2016, hence I was not aware of this correction made on the Document Checklist form.

    You can find the new Document Checklist here: https://www.uscis.gov/n-400

    This is just for future reference if anyone has confusions.

  3. Hello November Filers!

    I've just sent my application out today (Nov 21st) based on 5 years as a PR. My 90 day window opened up on November 4th but just got round to sending it out. My GC date is 02/02/2012.

    Sent via Priority Mail to the Dallas Lockbox. Would someone be so kind as to as to add me to the list? Not really sure what I'm doing!

    Good luck to everyone...its exciting to think that we're all in the final stages of the immigration process :)

    Hello

    Please add me to the Nov 2016 timeline for N400. I am filing on basis of 5 years as a permanent resident. As per the Uscis early filing calculator, my eligibility date was 11/23/2016. I sent my package to the Phoenix lock box on 11/19 but it got delivered on 11/22. I have not heard back anything and my credit card also has not been charged. My field office is Denver.

    I am a permanent resident since 02/21/2012.

    Do you guys think it would be a problem since they received my application a day prior to my eligibility date?

    Any help would be greatly appreciated.

    Thanks

    Satson5541

    Hi EV11 & Satson5541,

    I too am getting ready to file my N-400 based on the 5 year PR rule & I am based in NYC.

    I wanted to ask you'll a few questions regarding the N-400 application you'll mailed (if you'll don't mind me asking):

    1. Did you mail 5 years worth of tax returns / tax transcripts with your N-400?

    2. Did you send 2 photos with your A# & Name on the back of the photo written in pencil?

    (I think after Sept.2016 the photo requirement changed and only who reside overseas need to send 2 photos, but there is a discrepancy

    between the N-400 instructions manual and the Document Checklist.)

    3. Can you tell me what exactly did you mail with your N-400 ?

    Anyone else who filed their N-400 based on the 5 year PR rule, can also chime in regarding the documents to be sent. Please.

    Thank you.

    Kim

  4. I had a concern regarding my address change. I applied for I751 waiver in Jan 2009 with the help of a lawyer, while I was in residing NC. After that I moved for my job to NY in June 2009.

    I have extended family in NC and kept the same address (NC) with USCIS as well.

    I did not change my address frm NC to NY, as per my lawyers advice. My lawyer said that I do not need to change my address to the NY address, because incase they schedule an interview, it would be more better to keep the NC address, since he (the lawyer) is in NC, and I will just have to take a day off and come to NC and attend the interview with him, as comapared to changing the address to the NY address and paying for his air fare and hotel frm NC to NY. These are his exact words "Technically, if you still have a local NC driver's license, you don't have to change address with USCIS".

    When I asked them to inquire about my case status w/USCIS, I got an email from his paralegal, stating that the file is in the NC local office and that I will probably be scheduled for an interview around Sept 09. She also said that the lawyer has advised not to "lie" to USCIS that I am residing in NC when actually I am in NY. What do I do now? When I moved in June (more than a month ago), I did not change my address as per his instructions.

    I am anyways drained by paying the lawyer (twice to same lawyer) and I-751 fees twice (divorce had not gone thru when Conditional GC was expriing, hnc had to apply on extreme hardship basis & then once diovrce decree was in hand, lawyer filed based on divorce and asked immg to cnxl the 1st extreme hardship petition). Even the lawyer charged me twice (per petition) !!!

    If I get an interview (which I am sure to get); initially I will have to go to NC for the interview prep w/my lawyer and then pay lawyer's air fare and hotel expenses to NY on interview date. Also my job is a contract job for 1 year and I am going to try to relocate to NC anyways.

    Any suggestions as to how I can keep the interview in NC itself? Please help.

  5. I re-filed my I-751 (Waiver - Mental cruelty) in 07/2008 under my married name.

    I got my Divorce Decree a day before we send the I-751 (mental cruelty waiver) packet. My lawyer had kept the I-751 packet ready and just attached the divorce decree and FedEx it overnight as my Conditional GC was expiring in 5-7 days. My I-751 was filed under my married name, even though I was divorced and could have filed under my maiden name; the reason being, my lawyer not having "the time" to change my last name on every document and affidavit and said that we can request for the same during the interview.

    My question is that what if there is no interview? Then how do I change my last name to my madien name while my I-751 is pending?

    FYI: I got my 1 year extension letter, but have not received a biometric appointment letter yet. I had previously filed an I-751 in October 2007 (Divorce Waiver). I was not divorced at that time, my lawyer suggested it.....it’s a long story. I had received a Biometric letter for that one, but no extension letter; hence re-filed it in July 2008. Now I have the extension letter, but no Biometric. But my main concern is the name change. I do not want my maried name on the 10 year GC. What are my options, before they approve it and send the card for production? I know that as of now its not sure that I will get my 10yr GC, but no harm in being optimistic :-)

    Thanks a ton,

    Kim

  6. I re-filed my I-751 (Waiver - Mental cruelty) in 07/2008 under my married name.

    I got my Divorce Decree a day before we send the I-751 (mental cruelty waiver) packet. My lawyer had kept the I-751 packet ready and just attached the divorce decree and FedEx it overnight as my Conditional GC was expiring in 5-7 days. My I-751 was filed under my married name, even though I was divorced and could have filed under my maiden name; the reason being, my lawyer not having "the time" to change my last name on every document and affidavit and said that we can request for the same during the interview.

    My question is that what if there is no interview? Then how do I change my last name to my madien name while my I-751 is pending?

    FYI: I got my 1 year extension letter, but have not received a biometric appointment letter yet. I had previously filed an I-751 in October 2007 (Divorce Waiver). I was not divorced at that time, my lawyer suggested it.....it’s a long story. I had received a Biometric letter for that one, but no extension letter; hence re-filed it in July 2008. Now I have the extension letter, but no Biometric. But my main concern is the name change. I do not want my maried name on the 10 year GC. What are my options, before they approve it and send the card for production? I know that as of now its not sure that I will get my 10yr GC, but no harm in being optimistic :-)

    Thanks a ton,

    Kim

  7. The Self-petition for removal of conditions can be filed by an alien with one or more grounds. Typically, one files based upon a bonafide marriage that terminated in divorce, because this is normally true. In the event that the alien has little evidence of that, there's no reason not to try, but to supplement that ground with another, if applicable.

    Before contacting Catholic Human Charities (they normally provide pro bono legal assistance) relate the facts in a manner in which they will aid your story.

    "You were married to a husband that was emotionally and physically abusive and wondered if this relationship would be wise to continue. You then learned that you were pregnant by your husband, and if the relationship were doomed, considered it unwise to begin a family. You took steps to terminate the pregnancy without informing your husband, due to fear of reprisal and repercussions that could ensue. Emotionally drained, you left the country after terminating the pregnancy to be with family for comfort and moral support, and later on returned to the US to find your husband had filed for divorce in your absence, claiming abandonment as his ground."

    If presented in this manner, it is clear that you are being punished for your independent thinking and actions. If I were involved in psychological examination, I'd see it that way. Check to see if there is a CHC in your community and ask for assistance in preparing an I-751 waiver with good faith marriage AND emotional abuse as your valid grounds. By the way, preparing to expand your family can be interpretted also as evidence of the bonafide nature of your intentions in the marriage, despite the fact that you chose to terminate the pregnancy later.

    Without tax returns, did you commingle your finances? Bank accounts? Insurance policies with both names on them as beneficiaries?

    Hi

    Mermaid

    Thanks for the above reply, I too thought on the same lines. My intention was to take the realtionship ahead. With or without the child. BUT....I Did inform my husband before I terminated the pergnancy and he also came to meet me, though he gave me no choices where I could have re-considered, and the thought of being a single mother, scared me, hence......I did what I thought was best for my child and me at that time.

    As for the tax returns, I was told by my husband that since I do not work, I cannot file my tax returns, he never involved me in any financial matters or any thing related to paper work. Infact he also filled all my immigration papers himself, and just came to me for my signatures. He never told me what the immigartion papers were all about, I just knew that they were immigratiion papers, from the headings on the forms. I do have statements of our bank accounts, but do not have any Insurance policy copies, as he kept all of the papers to himself, and the condition that I left the house, did not permit me to take any papers or even ask for any thing later on.

  8. Hi

    I know that a similar situation that I am n must be there on this forum. But I would still like to post my specific question here.

    I have a conditional GC and I am divorced right now.

    My story goes this way. I have been a victim of domestic violence since the day I came to US. But I did not realise it till now. I had an argument with my husband a few months back, at that time I was 1 1/2 months pregnant. He verbally and physically abused me, and since I feared my safety, I had to run away at that night. Since I left the house, I did not get to take anything with me, except the clothes that I was wearing. I did not file a police complain, since I feared that if we reconcile, he may not like it that I called the police on him.

    I decide to go ahead and terminate my pregnancy, since our relationship was going nowwhere. I did inform my husband, but he very diplomatically handled the situation and left me with no choice. I terminated the pregnancy. He called me and tried to get me back, saying that he will change etc. I waited for a few months to still see if after this also we can work this relationship. I agreed inspite of all the fights and arguments that we had, but he never took me back home. I stayed all this while with a family friend hoping that he would take me back home. Since I had over stayed my limit at the family friend's house, I left for my country after informing my husband. He told me it was my choice if I wanted to go back to my parents or come back to him. Since he gave me a choice, I booked a return ticket.

    After I came back to my country, I emailed him, but got no response, also called him a few times, but got his voice mail. I did leave a message asking him to call me, but he did not. A few months passed by and I returned to the US, as I could not stay out for more that 6 months, or I would need a re-entry permit. Since my husband was not communicating with me, I could not go to our house, or rather his house. hence I went to another friend of mine, and I came to know there that, my husband had filed for a divorce behind my back, while I was away visiting my parents in my country. This came as a shock to me, but I learned that he got the divorce on default grounds. He claimed that his spouse is missing and since he cannot contact me, he wants default and uncontested divorce. He was granted the same. He goes around telling everyone that since I termonated the pregnancy he divorced me, but he does not tell then the real story, that he physically abuse me while I was pregnant.

    Anyways....to come to the point. Now I have to file for the removal of conditions by myself. How do I prove that I entered this marriage in good faith ? I do not have any documents like tax returns etc. He never told me or let me get involved in any financial matter of the house. Since we lived with our in-laws, I am not even sure on who's name are the morgatge papers etc. But after this incident took place, I did contact an organization, which helps victims of domestic violence, and they were helping me. They told me that they would help me find an attorney, since I was not employed and I am unemployed still (finding work). I did not go for the option, because I realised that if this realtionship is working out, then why file for a divorce. So here I am today. What do I do ? I cannot afford an immigration attorney, so pls advice accordingly. Since I was not present here when the divorce took place, will this create a problem now that I have to file for the waiver for removal of conditions ? Will they not doubt that I am doing this just bec I want the GC ?

    Also what documents do I file, to prove that this marriage was entered in good faith, considering the fact that I do not have most of the documents to prove our relationship was bonafide ???

    Pls help.

  9. As long as your ticket and passport are in the same name, you will be fine.

    To re-enter the U.S., your unexpired GC is all that will be required. You can always show your marriage certificate if there are any problems.

    My passport is in my previous name, my GC is in my new married name, just like yours.

    Thnx Raymaga ....I am not concerned about my re-entry to the US. I am worried about the Immigration Officer at my home country. Before boarding the flight I will have to go thru Immigration here in India, so at that time will it not be a problem if my Green Card and my passport have different names ? My question is that can I show the immigration officer my marriage certificate copy (pls not its a copy, not original) along with my passport and green card to board the flight to US ??? or will they not allow me ?

  10. When you arrived in the US at the POE did you use the same passport them? If so, that passport along with your Green Card and Marriage certificate should be enough. If not then get a new visa in your married name.

    Rob and Melinda

    Hi

    Thanks for responding. But just wanted to bring to your notice that I have a Conditional Green Card, so what do I need a visa for then now ???

  11. Hello!

    I got my Conditional Green Card and I am in India currently, visiting my family. The last name in my green card is my married name and the last name in my passport is my maiden name. Now here's my question:

    I have to come back to the US asap, what do I do, so that I face no problems with the Immigration Authority here, if I do not change the last name on my passport (I do not wish to change my last name on the passport, bec I may go thru a divorce, so I think it does not make sense to change and then re-change again and again) ?

    I can apply for a change in name in the passport due to marriage, here in my country, but as I said that I will be using my madein name once the divorce is final, hence I feel it does not make sense.

    I had read on some website(don't recall which one), that I can carry my Marriage Certificate along with the passport and Green Card to the airport and hand that to the Immigration Officer before borading the flight, is that ok, or would there be any problems ?

    My ticket is in my maiden name, and I know that there would be no problem with the US Immigration officer, because they told me that all they will see when I come back is my Green Card.

    Please advice! I'm quite confused.

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