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About Alexmat1

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  • Member # 333648
  • Location San Francisco, CA, USA

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  1. 1) So USCIS will let me get a I-551 stamp (even though my conditional green card has been denied by the previous denial of I 751) ? 2) Thats great relief. So technically I am still LAWFUL and NOT accruing unlawful presence. Some sources mentioned that I start accruing unlawful status from the day my previous I - 751 was denied. 4) Thanks for the clarification of public charge. How about Bankruptcy Issue ? I forgot to ask another query in the original post: 5) I am in the US for more than 5 years. So can I file for citizenship (N-400) after I file I-751. Since N-400 has a faster processing time, would that also fasten up the I-751 processing if both might be decided together ?
  2. Hello, I applied for I 751 as my marriage was terminated. The divorce took years so couldnt submit the divorce decree when USCIS did RFE for divorce decree. My I 751 was denied. Because of many reasons including financial and health issues I couldnt reapply I751. I waited for the NTA but that never came. I am just getting the papers ready to file I 751. Here are my queries: 1) I thought once I reapply, the I 751 receipt notice that extends the resident status for a year while USCIS processes will give me authorization to work in the US. However I read somewhere this is not the case. The notice mentions “This extension and authorization for employment and travel does not apply to you if your conditional resident status has been terminated.” So in my case does it mean I CANNOT work or TRAVEL or get I-551 stamp while my second I 751 is pending for approval (which can take more than a year) 2) Unlawful presence - Since my first I 751 was terminated, I assume I am in unlawful status. Does my reapplication of I-751 cure that or its only cured when it is approved (which means I will be unlawful for more years) ? 3) Can I use I -601 form for a waiver of unlawful presence ? I have a child in US who is US citizen. 4) Because of financial issues related to long divorce, I would be filing for Bankruptcy soon. Does this affect my re entry (when I travel anytime). Right now I am also recipient of Medi Cal and Food stamps. Thanks in advance.
  3. I saw this on this USCIS site : https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility "While most lawful permanent residents are not subject to inadmissibility determinations, including public charge inadmissibility, upon their return from a trip abroad, some lawful permanent residents can be subject to the public charge ground of inadmissibility because specific circumstances dictate that they be considered applicants for admission. " This is very scary - Does this mean if I travel outside US and re enter, I will be inadmissible, because of the public charge ground ? It also says this: The following factors will generally weigh heavily in favor of a finding that an alien is likely at any time to become a public charge: The alien is not a full-time student and is authorized to work but cannot show current employment, recent employment history, or a reasonable prospect of future employment. In my case my previous I 751 was denied, thus my conditional card has expired. I cannot legally work. I am not sure if this is considered I am not authorized to work and thus if I will be excluded from the public charge finding based on the above line.
  4. There is a new rule on public charge that comes into effect soon - https://www.uscis.gov/news/alerts/public-charge-inadmissibility-final-rule-revised-forms-and-updated-policy-manual-guidance Basically if the resident alien has accepted public benefits in the past or their financial situation signals to USCIS or the officer that they could be a potential public charge (relying on government benefits/welfare) , then their application could be denied. In my case I had applied for I-751 (as my marriage ended in divorce) but it was denied previously because the divorce case was pending in court, and USCIS needs the divorce decree to process the application. With the denial of my I-751 I was told I have to surrender my Green card and await NTA at court. The NTA didnt come for about 1.5 years so I am reapplying with I-751 with more proofs and divorce decree this time as my divorce concluded in court. But during this time because of the termination of my green card , I couldnt work, and hence had to rely on government benefits (like food stamps and Medicaid) for about 2 years. I also applied for the fee waiver for I-751 while reapplying the second time. I also have considerable credit card debt and would be filing for bankruptcy to clean the slate and begin afresh. I have the following queries if someone can help me with it: 1) While my second application is processed, would my reliance on government benefits and the lack of a job now (I cant work without a valid Green card and which I wont get until I-751 is successfully processed) be considered as public charge and thus I-751 denied ? 2) Even if my I-751 application is approved and I get my green card, and I travel out of the country and re-enter, can the officer consider my past reliance on public benefits and bankruptcy as public charge and deny me entry ? Is this a risk I will carry on, thereby limiting my travel outside US ? Thanks for any advise in this regard.
  5. She was already established when I came in to the country we reversed roles for a while. She earned and paid for the expenses. I have all the bank statements from her (as part of divorce discovery) but has only include quarterly statements for the I-751. Didnt want to send in 500 pages of statements alone. I can explain in cover letter about the financial set up of who paid what. Its very true that we kept to ourselves. One neighbour who stayed right close by knew us as couples. The maintenance man knew us as couples. Other than that there was only one work colleague of my ex wife who met us as couples. We just kept to ourselves. There very few people who knew both of us have been lost with the flow of time. There are relatives on both sides of the family who stay out of the US who can write an affidavit, but not sure how much value would USCIS give to that. The answers on this forum makes me worry if the success on my case is slim.
  6. 1&2 - I am living with a distant relative on a very reduced rent. Also borrowed money till I find a solution. I have promissory notes and the person I borrowed from can give a declaration if required. I keep my expenses extremely low. The divorce was expensive that wiped away what I had and I am fighting a court battle to get my share of the community property. 3- The first time I did I-751 I had an attorney who also put in the hardship waiver. It was as a backup in case the divorce waiver didnt go through. Should I keep the same strategy for second filing as well ? 4- The total judgment is 60 pages with references to how the community property was split, custody issues, custody report etc etc. I have nothing to hide but I wonder if all those information helps them if they just want to see that I am now legally divorced which would be the first few pages (which is the divorce order I assume) 5- In fact I was told I still have status and I can wait for NTA. This advice was given at a free legal clinic. 7,8 - I have the following: - Bank statements/Credit card statements in each spouses name showing the same house address - I have this spanning the time we were together -Car insurance on both spouses name - Credit card statements showing that we took vacations together and also with her family - She had added me as a beneficiary on her disability insurance/life insurance/pension - We have a child together. I am still involved and share custody and in health/education related matters - Affidavit from a parish priest that he tried to mediate and try to reconcile our relationship - We knew each other three years before getting married - Has cards/emails etc through this period which we send to each other. - Photographs from our marriage, during the trips we took together after marriage, with families etc - Joint tax returns for the two years - Unfortunately I cannot get the transcripts from IRS as IRS only goes back 3 years from current year - I had health insurance through her employer - Her paystubs and license and my license showing the same address - She paying for my trip back to my homecountry in the second year Now that you mentioned, I am worried if this will be enough. Ours is a genuine marriage. We knew each other for 3 years before getting married. Parental influences drew us apart and it ended in divorce. We share a childs upbringing despite the long court battle. I was never on the lease, or had cojoined bank accounts with her. Do you think my chances are slim given the above proofs ? 11 - Saw some filers on VJ using highlighters to point out the important facts so that the officer can peruse the documents easily.
  7. I also read while going through the blogs I had as part of research before doing the I-751 again, went through a ton of blogs on Visa Journey. I couldnt find answers specific to my question. I will be grateful, if you could accomodate my queries whenever you find time. Also I read that USCIS wants to see Tax transcripts than tax returns. The tax returns back in 2013,2014 when we lived together are no more available (IRS only goes back last three years). I assume the only option is to provide USCIS with the tax return copies I have from those years showing we filed together and write an explanation as to why I cannot get the tax transcripts anymore ?
  8. Do I need to write an explanation of why I am filing for the I-751 now instead of doing that in 2015 ? Or do I just mention in the covering letter in a paragraph that I waited for the NTA and I am refiling now. Not sure if that is a good enough reason for USCIS.
  9. USCIS denied ROC as I couldnt send the divorce order to them, the divorce was still pending in court. They said the status is terminated and send me a letter and asked me to wait for NTA. I waited for that and I didnt know I could refile another I-751. I am refiling for that now.
  10. Background - I went through a divorce and filed for waiver of conditions in 2015. Since the divorce was pending, RFE requested divorce decree and as I couldnt provide it I got a Termination letter asking me to return my Green card in 2016 and to await NTA. I didnt do anything for the past couple of years and thought of reapplying I-751 this year. I didnt work during marriage and during divorce and after my Green card was terminated hasnt worked. So I have a long gap in work. I have the following queries: 1) In the cover letter should I explain my gap in work and why I am not working now and how I support myself ? (I would be requesting for a fee waiver and there public charge is one aspect considered for green card) 2) What is "Verification Letter" from social worker that is required for Fee waiver ? 3) Does it make sense as a back up to use Good faith marriage waiver and also use hardship waiver ? Or stick to one ? My only hardship is I wont be able to see or involve in my childs upbringing If I am using the hardship waiver, do I include an explanation of how the divorce occurred (her parents were the influencers who got her to file for divorce, citing different arguments between us) 4) Submission of Divorce decree - Do they need the full judgment or ONLY the divorce order is enough ? 5) Should I give a reason for why I am re filing I-751 again after 3 years ? - Really speaking I need not re file and could wait for NTA. So should I explain why I am re filing it now ? 6) Do I need to use mandatory certified mail or can I use normal post ? 7) Co mingling of finances My ex spouse made a lot of money and though we married out of love , her family had some influence on her that made her keep her finances not mingled. By the time I came to the US, she had already taken an apartment on lease, car on lease and had her own bank accounts and credit cards. I didnt know about the future need for co mingling (for I-751) and I asked her few times to add me but the banks told me I dont have any credit history. In short it didnt happen - no co mingled bank statement,credit cards,apartment lease,car lease,any other property. The only co-mingling was I was on her auto insurance and I was listed as beneficiary on her life insurance and I had medical insurance through her employer. Thus we dont have co mingled finances but we both have statements that shows the same address. Would that be enough. We also have a child we share custody of. Should I explain this more in the cover letter or should I be silent, and not draw attention and hopefully the separate bank statements that shows same address is considered enough of a proof ? Do you think our situation is unique that it warranties an explanation as a separate attachment (other than the cover letter) 😎 Affidavit. During the time of our marriage we never ventured to meet anyone and thus have no common friends who knew us as couples. Just a friend of hers who I cant ask after the divorce. However there was a church priest who tried to work things out between us just after divorce was filed.He no more resides in the US. I have an statement from him signed that says he tried to mediate between us but it never worked. Would this be fine ? This is not notarized. 9) Where do I provide the history of the relationship ? Is that in the cover letter or is that a separate document ? How detailed and how many pages can that be ? 10) My self declaration - Should I include details of our relationship and how we ended up divorcing and explaining the the marriage was a bonafide one through a declaration signed under penalty of perjury ? Or avoid this and have everything in the Cover letter itself ? 11) Is it advisable to use highlighters to draw attention to my name/address etc in the documents I submit. I read in the USCIS instructions inbstructing not to do this - "Do not use highlighters or correction fluid or tape. The scanners we use will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape." 12) Do I sign the cover letter Thanks in advance for your help.
  11. Thanks for the clarification geowrian. I will wait for others also to chip in regarding the international travel part given my situation.
  12. I used the Food stamps before the 5 years. And Medicaid though I was approved for it before 5 years, used it after the 5 year mark. I live in California. I havent asked the sponsor to support based on I 864, but I understand it should be required so show some proof of support (in case I get unlucky at POE). It was brought up during divorce proceedings but the judge mentioned (and he was wrong about it) that this is not the right court to address it as its immigration related. A case law shows that he should have ruled on it. I might have to bring another case to enforce this, before I travel , to keep as a proof of support. I checked my social security card. I got this a decade before I came in as a conditional resident when I worked on H1B visa. It was the Valid for work only with INS Authorization on it. I have a drivers license and State ID. So it means I wont be able to get a job till I get I-551 stamped. Whats an I-9 document ? Is it obtained after I get the I-551 ? Unrestricted Social Security card - Can I get this from the Social Security office with the I-551 ? I do have a need to travel outside. My big worry is I cant get in. I take it from your comments that Public charge wont be an issue at POE and even if it is, I will have my opportunity before a judge and I could be paroled in (though you say need for this is rare too).
  13. Thanks everyone for the comments. Here are the updates: I called up the automated help line and the response was that no case matches the A number entered. So good news is there is no NTA so far. I have these concerns regarding travel: - Once I file the new I 751 and get the receipt and take an infopass appointment and get I-551, do I need any other proofs or documents with me to travel outside US and successfully re enter ? - I have not been working for the past 3 years. I work in a specific IT area and for the first couple of years I was bogged with the emotional stress of divorce and custody. The only jobs available to me required travel and with the custody my attorney advised me not to move out of the area. With the gap in work now, its hard for me to find work. I dont have an income and I have tried for jobs and some jobs that I qualified wanted to see a proper unexpired Green card. My explanations of how the I 751 works hasnt helped much as they think I am out of status. In short I dont have an income for three years. I borrow money from a friend as loan. I also have Medicaid and Food coupon (Food stamp). Thus I could be treated as Public charge by USCIS. Though policy documents say Food stamp and Medicaid are not considered public charge triggers and the public charge consideration is only done at the time I first entered the country and became an LPR , I read (went through the Immigration Law and Procedure by Lexis Nexis at the law library) that when one re enters , the Border officer has discretion to still consider it. Though I am not taking any other cash assistance or anything from the government (and I will be terminating the food stamps in October and well before travel), the lack of a job can make the officer think I can go on welfare and be a public charge and hence deny me an entry. - The other option is to ask my Sponsor , my ex spouse to support me as per the Affidavit of Support and show that as proof at the Port of entry. I am also going to apply for a part time masters program to enhance my skills towards a job. - In short is the lack of a job, and the past use of Food stamp a real danger that can deny me re entry to US on Public charge grounds (if I travel after getting I 551 stamp) while my I-751 is still processing. Can this affect my I-751 processing. Even if I am denied entry, am I send back from the port of entry to foreign country or am I brought before a judge who can parole me in ? Going through the Immigration Law by Lexis Nexis has been a nightmare, because public charge is a serious concern and without a job, an officer of port of entry could very well think of me as a risk and turn me back.
  14. Here is my case. I applied for I - 751 just before the 2 year anniversary of the conditional residence permit came up. Since we were going through a separation and divorce, I applied for Waiver to remove conditions (in 2015) based on good faith marriage. USCIS asked for RFE (Divorce decree) after some months, but the divorce case was highly contentious and dragging in court for custody/property division issues. So I could not submit a divorce decree and asked USCIS for extended time to submit that. USCIS did not give me more time and send me a Notice of Termination of my Conditional Green card. This was in 2016 I finally got my divorce decree in 2017 December. I was going through other custody battles following this divorce as well as some health issues and thus didn't prioritize Re applying for I 751 after I got my divorce decree. I plan to do that now in 2019. Here are my concerns: 1) Would USCIS raise a flag , if I am reapplying in 2019 after 2 years (when my Conditional green card was terminated in 2016 after the denial of the first I -751) ? 2) Am I considered an unlawful presence ? I have worked on and off during this time and if so is this considered unlawful (as termination of conditional green card means termination of my work rights ?) 3) Once I reapply the I - 751 can USCIS reject it because I did not immediately file it after I got my divorce decree ? 4) If USCIS accepts my second I-751, am I considered In status and can I start working ? 5) While USCIS is processing my second I-751, whats my status ? Can I travel outside US and successfully re enter ? Or is it safe to not travel or travel with Re entry permit ? Any inputs/suggestions will ease my mind and also ensure I am doing the right thing. Thank you.
  15. I would think the reason that i864 obligations get differently interpreted by different judges (state/federal) etc is because the contract is often analysed based on the support from divorce. The i864 support obligation is to protect the US tax payers from paying for the immigrant. Thus it cannot be avoided for reasons of need to mitigate damages (valid point for support in divorce though), definite period of support (in short term marriages usually half the lenght of marriage) etc etc. i864 contract obliges the USC to support the immigrant at 125% of federal poverty level so that the tax dollars are not used for the same if the immigrant falls on welfare. Recent judgements or directions by appeal courts point in this direction. As most laws that are newly interpreted (there is push to implement this by state agencies where in any immigrant who is sponsored by USC and getting welfare is being asked to provide sponsor information so that the state can instead ask this money to be reimbursed by USC). I read about a change that might be coming this october for this. The current federal administration is pointing efforts in this direction.
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