Alexmat1

I am applying for my citizenship. I am low income so I qualify for fee waiver. When I fill up the I-912 application for fee waiver, it asks the date from which I received the food stamps. I went through a divorce and my spouse didnt give me any support so I had to file for food stamps and Medicaid a little after 4 years of being a Green card holder (I came in as a Green card holder through marriage).

Would this jeopardize my application since I got benefits (medicaid, Food stamps) before the 5 year mark of being a Permanent Resident ? 

if so would you advise that I DONT request for fee waiver (I could borrow and pay the USCIS fees). Can the USCIS still not find if I took benefits before 5 years of being a permanent residence during their normal back ground check for citizenship ? 

Could someone who has been in a similar situation advice. 

Thanks 

2 hours ago, Bob in Boston said:

I got my letter, Biometrics have been Waived, using the old prints..... Glad we don't have to miss work.

Letter was dated on the 15th so it was 11 days after the date of the NOA date which was 9/4/2020 for all you EAC Receipt holders. Be interesting to see what the other service centers will do.

Hi @Bob in Boston would you know if they took the Biometrics from the your spouse when they applied for the CR1 visa at their original country ? I had my biometrics taken during my previous I-751 (which was denied later), so I am assuming if they would have that and wouldnt require me to go for another one. 

USCIS Account

Does anyone know if I need a receipt number to create USCIS account ? Does having USCIS account help with getting updates faster than waiting for a mail.

Has anyone filed their paperwork around 14th ? Any updates yet ? How does the G1145 form work ? Are they supposed to text/email me the receipt of my package right when they receive or its done after they have processed my check and did a cursory review of my package to ensure its valid and can be accepted ? 

Its been a week they received my package but no email/text regarding that - as per what G-1145 form is supposedly for. 

46 minutes ago, frank19910210 said:

Hi,

 

Is it possible that airline will deny borading even when we present an expired green card and a valid extension letter?

 

If yes, is there anyway to do regarding this situation? Because I read on the I-131 A instruction form that from USCIS side, these two are valid documentations. But I believe that sometimes are all agents are aware of this, and they are worried to board someone without a valid (that they consider) documentation.

 

Thanks!

From what I have read Extension letter plus expired card is valid to travel. That said most big airlines know this policy. Lets say you are taking a smaller local airline for one of the legs for onward journey to US, they might not understand the extension letter. You might have to convince them then. Carry USCIS memo or any such information pertaining to travelling on extension letter with you to prove that its legal to do so. Airlines are always worrying about ferrying a passenger with invalid visa to US and getting fined for that. 

On 9/15/2020 at 12:53 PM, Stiven26 said:

@Alexmat1 

Brilliant solution @Stiven26 . Thats innovative 

3 hours ago, frank19910210 said:

Your i-797 itself is an extension letter for 18 months. Only in the case where your extension letter has expired and u still didn't get your 10yr green card, you need to make an appointment for the stamp on your passport

 

It is advised to stay for biometrics because you don't know when will they give you an appointment. Even though they won't stop you and say "You can't enter because you didn't do your biometrics" but it will certainly jeopardize your i-751 application. And I am not sure if you can postpone the appointment by saying that you are travelling.

I forgot to mention. My I 751 is a re application. I already applied with a divorce waiver, was denied because I didnt have the divorce decree in hand. So my GC is already expired. So if I get a extension letter it wont help me as there is nothing to extend. Thats why I would be getting a I -551 stamp

3 hours ago, Bob in Boston said:

Well so far for your text with the receipt # its taken a week for that. I am expecting our 18 month ext letter on the 14th ..... Watch the spread sheet. The Biometrics is unknown to all. You may get a waver { I read this may expire on sept first} or wait a few months until your local office catches up. I have read people waiting months for this.

Thanks @Bob in Boston. I have an impending need to travel. So once I get the I-797 how easy/hard is to get a Stamp on my passport or I-94 these days ? And is it advisable to travel and not wait for the Biometrics ? Can I be stopped at the borders on re entry if I dont have the biometrics done. I plan to travel for a month and I hope I dont get the biometrics in that time. If I get it, can I post pone it to a later date on the phone ? 

3 hours ago, Stiven26 said:

Hi @Alexmat1  Well mine was about 5 "thick, I used the 3" fasteners is the longest and I bought them online. I did not separate my documents. There is a trick or a secret for you to use 2 of 2 "and join them together. That way you don't separate the documents. I use two of 3" joined. 20 days I was organizing printing and assembling my package. I still use the highlighter but not in the forms only in my  personal documents. but they received it anyway with no problem,  all my copies were in color and high resolution. And with  highlighter.  

Thanks @Stiven26 for the response. I was thinking I was the only one wasting so much of time on this. I wish USCIS made all this online so a lot of man hours could be saved.. All this for just a one time read by USCIS officer ! and then its shredded or stuck in some storage and later shredded.. 

What is the trick to join them 😉 It can help many others here. If I can think of its if you use the two metal pieces as strings and then use the flat metal bar (that you usually use only on top) on either ends and bend the bend pieces that you used as strings into the metal bar. slide over the sliders. Is that what you did ? 

Thanks for the idea. Thats great creativity. 

You must make a youtube video, many would benefit and so would you (with the $$ from youtube) 🙂
 

On 7/1/2020 at 3:44 AM, Lemonslice said:

I just wanted you to know that if you wanted to stay, it is possible. I do understand going back home might be the best for you.  

 

 

If you are divorced, there is no time limit. if you want you can still apply. since you are umemployed you might qualify for fee waiver. get the Extension letter, get the stamp and then you can travel to canada though its better to remain in US or make a quick visit to canada and be back.

Get your green card and then you can freely move after that. That is if you are still interested in an option to stay in the US. 

17 hours ago, Stiven26 said:

Hi @frank19910210 yes I used those  on top of documents. and used document separator too, where it identifies which documents go in that exhit.  PD: (Remember if the documents are super well organized and easy for your work the official will appreciate that.) there you can see in my photo. in the instructions you can also read how they like the folder to go.   everything is to your liking as you want to send it. if you want to put the alien on each page. In mine I also used a highlighter and they still revived them so it's a matter of taste to who does and who does not like.  in my case all the pages had my # alien except immigration forms and all my account statements and documents had a highlighter. Good day.

Thanks for this photo. My stack almost looks like this. It was 3 inch thick. .how thick is yours ? The reason I am asking is I had to seperate my paper into two volumes because my 2 inch prong fasteners couldnt hold everything in one volume. I then wrapped a rubber band around both volumes so they dont separate.  Do you think thats ok ? Am wondering if I should have got a large size prong and stacked everything in one volume instead of two. None of the office stores in my region had anything larger than 2" !!

Curious, how long did it take for you to come up with your I 751 package. I thought I could finish in one week but it easily took 10 days of painstaking work - printing, scanning, highlighting etc.

Lastly - You mentioned you highlighted which is what I did in the documents to make it easy for the officer. But I read in this thread that highlighting is not advised by USCIS as it affects their scanning ? 

On 9/4/2020 at 7:57 PM, frank19910210 said:

I don't think it is necessary to put A number and name on each documents, because I feel it is not necessary.

 

For hightlight, I think it is better to reprint then without highlight because it might potentially affect the scanning quality. I also highlighted things first, but I have reprinted all of them.

 

I am not sure about the card. But I believe if their system can process credit card, they must can process debit card no? I have not heard yet anyone says, we take credit card only. Usually either only debit card or both.

Oops  I highlighted most of my 300 page plus package, highlighting the important things. I thought its easier for the officer if I highlight my name , address etc in a bank statement which is crowded with many other information. Would have cause an issue ? 

On 9/3/2020 at 11:54 AM, frank19910210 said:

Oh it is a good news, do you mind also filling out the google sheet? So the information can be organized.

 

Thanks!

Since you are a September filer, do you know how long it takes to get the Extension letter in mail  from the date USCIS receives your package. And how long it takes for the biometric appointment ? 

On 8/31/2020 at 2:51 PM, frank19910210 said:

Also, this is the evidence that I have prepared:

 

How big was your stack, number of pages wise approximately ? 

16 hours ago, HarryWL said:

 

So did you originally file your I-751 as a divorce waiver (without the decree), or did you change it before having the decree in hand? 

Originally filed as divorce waiver without the decree.

8 hours ago, HarryWL said:

 

How long did they give you the first time with the RFE? 

Its standard.. 87 days for you to produce RFE they have asked.

Thank you. Mine is about 2.. I am happy I have company 🙂 Hope the USCIS officer remembers yours, and pardons me for boring him with all the evidences. After all they asked for it with "include as much evidence" as you can. 

Honestly I wish USCIS had an online way to file. Save on paper, mail fees, print charges and it saves enviroment too. All that work done is just shredded after the officers review. !! 

This is my second time applying for the I-751 as the first one was denied because I filed divorce waiver option but did not have the divorce decree done by the time they asked for RFE.

My earlier application (done by an attorney) was about 175 pages.

My Re application, going by USCIS guidelines "include as much evidence as you can" has brought my application stack to about 500 pages. Thats as thick as a  printer paper packet I bought. Is that a lot and will be frowned upon ? I have seggregated these by tabs and sections so the USCIS officer should be still easily able to go to the exactly evidence he wants and not be lost in the 500 pages. Most of the volume is related to bank/credit statements (multiple banks/credit cards) and a bunch of emails to proove that we knew each other much before marriage. Also a lot of it is travel tickets/hotel reservations/trips to proove we travelled together. About 20 pages of photos.

I did an analysis and I could reduce about 80 pages (still good evidence like  retirement saving document showing address wife lived at, some emails to show we knew many years before marriage, some travel tickets/hotel bookings) if getting it down to 400 pages is better. I think the remaining are very good evidence. I just want to get it done this time and not have to bother about RFE. 

Pls advise. If someone has send this much evidence, then it will be a peace of mind to know that I didnt piss off the officer right at the start itself with this much pages.

TIA

Thanks @da95826

I see that you are from a close by city. Thats the closest USCIS office for me. Do you know if they allow visit or stamping of temporary green card now ?

Hello,

1) Mailing:

I would be sending this early next week. I was planning on using Fedex to send this in. For the same price , Fedex arrives two days earlier than USPS. However Fedex always requires  a signature when delivering to a business. They said I can give instructions while mailing the package that signature is not required. 

Has anyone faced issue with Fedex mailing in of I-751 ? I assume no one will be available to sign the delivery of I-751 at USCIS esp if they are running most things remote because of pandemic. If someone has any inputs pls share.

2) Hardship:

While I am using the waiver based on Good faith marriage option (I am divorced), I was also advised to use the waiver due to extreme Hardship option too, as a backup. Is this advised. 

As one of the reasons of hardship (apart from me not being able to co parent my child), I read somewhere that one can mention any significant credit card/financial institution debt, which cannot be paid back if I am out of US. Is this a recommended reason to give, or will it backfire, if I show debt (and thus a poor financial status).

Thanks  

I am in the final stages of finishing the I-751 paperwork (applying for a waiver based on divorce). I had applied earlier (in a previous I-751) and I had used an attorney then and she had applied for waiver based on good faith marriage (divorce) as well as used the Extreme Hardship option too as a back up. I have a child in the US, and the extreme hardship mentioned was that his upbringing would require me to be in the US.

Has anyone taken the Extreme Hardship route while applying for I-751, based on similar lines. And succeeded with getting the conditions removed ? 

Thanks

7 hours ago, mindthegap said:

Rubbish.

 

 

Does that mean its a wrong info. So if one has filed for I-751 (after a earlier denial)  and is outside the country travelling, and the second I-751 gets denied again during that time, they wont be considered out of status since the first denial ? I understand the second I-751 puts you back in status while its being processed, but would its denial too mean that all the time after first denial was unlawful ? Being in the US is different but once you travel out and re enter , that is when the unlawful determination applies.

While researching I found this on a reputed legal site (nolo)

Filing the late I-751 did not completely reinstate your conditional resident status, however, and, if your petition is denied and you must leave the country and then try to return, you might be hit with a three-year ban for the time you spent in the U.S. between the expiration of your resident card and (at least) your actual I-751 filing date.
 

Thus in my case if I file, get I-551 stamp and leave right after the stamp, can the I-751 be denied because it lacks some evidence or proof (without asking for RFE). Or can they flatly deny for whatever reason. So if that happens while I am abroad, on returning, would I be hit with the 10 year ban (because my earlier I-751 was denied in  2016 and I am reapplying I-751 in 2020 and between 2016 - 2020 I was unlawfully present here) ? 

1) In short can USCIS deny I-751 without even asking for RFE ?

2) If they deny and I am abroad , on returning back am I considered unlawfully present between 2016-20 and thus banner for 10 years ? 

4 hours ago, mindthegap said:

Out of curiosity, what did they tell you to do?

I was told mine is very complicated with a denial and they would need 4-5000 dollars to refile. Another said you cannot refile again and the only way is to push and harass the USCIS to send an NTA soon. So he said we have to open a motion in court to compel them to do so. 

I wish I had known about VJ the first time I applied. Would have saved 2k dollars when money was hard. 

4 hours ago, mindthegap said:

I mean that if you had never filed in the first place by the expiry of your GC- intending to file after your divorce was final -  you would have received a denial for failure to file by the expiry of your GC and an NTA at *some* point

This confusing. I read the screen grab you put earlier, and it says there is no timeline if its a waiver filing , as long as its before NTA. And it makes sense - Divorce cases drag out and its a waste of money and time (in my case I spend a couple of grands for attorney fees the first time) when attorney would have known it wont go forward without the divorce decree which no one had a clue when it would come. In fact in the earlier years, if you were going through a divorce, you couldnt file I-751 until the divorce was done (This is what I read somewhere). Later the policy was changed to allow filing of I-751 so that people in that situation can still get paperwork to travel/work etc. Earlier they were in a limbo.

Given that, it would be prudent to wait for divorce to complete, get divorce decree and submit everything to USCIS. And as in my case, the GC would expire by then. So why would USCIS penalize someone for filing after expiry of GC, when they know even if they did before GC expired, they wouldnt have the divorce decree for some time and its a waste of time for the applicant, USCIS etc to process the paperwork and deny. Unless they are hungry for that filing fees twice 🙂

7 hours ago, mindthegap said:

Had you not filed in the first place and only be filing for the first time now, you would be in exactly the same situation - with a denial letter, only for failure to file

You mentioned that with a waiver , LPR can file anytime before deportation. If so even if I never filed before and am filing now, why would I be denied for failure to file ? I should be fine filing now - trying to understand the law that you had mentioned.

7 hours ago, mindthegap said:

and if you have it your expired card swiped  (which I suggest you present as it speeds it up).

I read that USCIS grabs your old GC in exchange for stamping your passport ? Or can I request to keep the GC along with the stamp on Passport ? 

Thanks @mindthegapfor the clarity in this matter. You outright beat some of the attorneys out there. I have been given incorrect advise based on my consult with a couple of them as to how to correct this.