EA and MK

On 8/18/2023 at 6:17 PM, Snowwhite1811 said:

Hello everyone,

 

My Greencard was approved back in April and i am in the US since May. The USCIS case status tracker said that my Greencard was produced on July 9th.

 

Since then i have not received my Greencard. Today i got a Notice of Action in the Mail with an invitation to a Biometrics appointment.

 

I asked the USCIS Emma Chat what was going on and they told me that card production has failed and i need to come in for the Biometrics.

 

What is going on? What does that mean card production has failed? Did somebody experience that? 

Don't worry. Happened to my wife. They "lost" her biometrics. Go in, get your biometrics, and within a week you should see your new GC in the mail.

3 hours ago, Sam Sa. said:

Hello,

 

I am immigrating on IR1 visa and my interview is next month. I was an international student in the US and left to my home country after university. Prior to leaving I had 2 speeding tickets that I forgot to pay. After few years I came across them and called the courts to find out that I had 2 arrest warrants for not paying. I immediately stood before judges via Zoom, Judges dismissed both cases after paying the fines. Thus, both the arrest warrants dismissed.

 

My immigration attorney answered the following question with ’NO’ since I didn’t get arrested..

 

 

Again, I was NEVER ARRESTED, but was issued an arrest warrant after leaving the US. Cases and warrants were dismissed after paying the fines.

 

Should I have answered ‘Yes’?

 

Is this going to trigger an administrative processing?

 

I can’t change DS-260, Should I disclose it in advance prior to the interview or only if I was asked about it?

 

Many thanks.

I would not let the interview start untill you first bring up this issue with the consular officer. I think you have to start that you will tell the truth and that the contents of the DS-260 are true. Before you sware, or even when you check in, I would consult with someone at the embassy. You may get away with it now, but when you want to naturalize you will be caught. And then, you'll be hit with misrepresentation and your LPR status would be in jeopardy.

3 hours ago, Sam Sa. said:

Hello,

 

I am immigrating on IR1 visa and my interview is next month. I was an international student in the US and left to my home country after university. Prior to leaving I had 2 speeding tickets that I forgot to pay. After few years I came across them and called the courts to find out that I had 2 arrest warrants for not paying. I immediately stood before judges via Zoom, Judges dismissed both cases after paying the fines. Thus, both the arrest warrants dismissed.

 

My immigration attorney answered the following question with ’NO’ since I didn’t get arrested..

 

 

Again, I was NEVER ARRESTED, but was issued an arrest warrant after leaving the US. Cases and warrants were dismissed after paying the fines.

 

Should I have answered ‘Yes’?

 

Is this going to trigger an administrative processing?

 

I can’t change DS-260, Should I disclose it in advance prior to the interview or only if I was asked about it?

 

Many thanks.

I would fire your attorney. The question isn't just asking if you were arrested. It is asking if you also had any convictions. You must answer yes. You were convicted of a crime. Speeding is a crime. It's typically a class C misdemeanor, which is a crime. And because you paid the ticket and didn't fight it, that results in a conviction. During the interview, you can discuss. But, in the DS-260, select yes, describe the charge such as "Speeding 55 in 45, Class C Misdemeanor, Charged on: Date, Convicted/Plead Guilty No Contest: Date".

Put whatever is after the main URL. For example,

www.facebook.com/username

Since a caution is not a conviction, the only item you need to sincerely and truthfully answer about your incident is whether your arrest was because you caused serious damage to property or serious harm to a person. If your actions that got you arrested resulted in neither , then I don't know why people here are saying this could be misrep. 

Usually, USCIS publishes notices on your account for you to open and view along with the mailed version.

We told a story of our relationship using several pictures and descriptions in chronological order. we also included receipts. Overall, I feel this helped. However, use your discretion on what to use.

21 hours ago, milimelo said:

Yes, correct approach. 

Thank you!

Hi,

I helped my father in law with his DS-160. There is a security question we weren't sure of that we ended up answering yes to which pertained "specialized weapons training". My FIL worked in the national police of his country as a patrolling officer/police agent. He actually took a course on hand weapon use at the US embassy in his country as part of some kind of police training thing. Anyway, it seemed like an exaggeration to consider this "specialized weapons training" but we decided to mark yes and have him explain than to mark no and there be an issue. Was this the right approach? 

25 minutes ago, Boiler said:

She should update at the start of the interview

Thank you!

Hi,

My MIL filled out her DS-160 two years ago. Back then, my wife hadn't immigrated yet so on the question regarding listing all family members that live in the US, she listed me only. My wife now is an IR1 GC holder as of last year. This, not sure if we need to update the DS-160 to reflect this? Further, she listed my prior address as the address she'd travel to stay at. Obviously, the embassy will know my wife and I don't live there anymore. 

Her application was signed with true facts as of the date signed. But, those facts are now outdated. We called, and they said if we update now, it will take 3-5 days to process and she will need to reschedule. They didn't advise on any next step, which is frustrating.

Any help would be much appreciated!

1 hour ago, Chancy said:

*** Moved from IR1/CR1 Process & Procedures to Moving to the US and Your New Life In America forum -- OP's husband is done with the visa process, now waiting for GC production in the US ***

 

 

Check the thread below about a similar case --

 

 

They probably didn't have good prints and need to retake them. Once you go to the biometrics appointment, two weeks later you'll get the GC.

Curious to know if Biden decides to cancel loans, for qualified LPRs with a Plus Loan, would that lead to an issue with public charge or prohibit citizenship?

There is absolutely no impact to your spouse's visa as a result of you enrolling in Obamacare/subsidized healthcare  and is not considered a means tested benefit that fits under the public charge rule. UNLESS you get cash (somehow?) from it.

This is why it's hard on people actually coming to visit to get a B1/B2 visa. This behavior of, "coming for a better life" does not allow someone to violate US immigration law.

He has committed a crime by using his visitor visa to study and to work. The consequence is cancellation of his visa and no longer qualifying for a non-immigrant visa. He can absolutely see his daughter, and not leave her behind, BY GOING BACK! If someday you'd like to marry, you can petition for him. But in the mean time, he needs to exit before he is banned and making it that much more difficult to qualify for an immigrant visa.

18 minutes ago, Mwamba said:

I investigate the Utah option, unfortunately, it won't work for us! However, it's good info. We'll marry in Kenya and consummate the marriage there and then start the process of F2A Visa. The question that I'm still in doubt about is whether I should do the Visa application myself, or hire a lawyer - and where do I hire this lawyer - in USA or in Kenya? I'm strongly inclined to hiring a lawyer. I don't want to give a chance to any single mistake.

 

Question for you and other members here (please don't tell me to do this myself). Where do I hire the lawyer? Kenya or USA? And please give me a reason(s) why?

 

Thanks to all of you!

Honestly, you don't need a lawyer. I had a lawyer, and they make so many mistakes that add extraordinary levels of stress. Not to mention they take thousands of dollars from you. 

This is how it will go down: you need to pay them and fill out an "intake sheet" with all biographical information about you, your wife, kids, etc. They will then ask you to compile all relevant evidence. They will then literally transcribe the info you provide them to the I-130 and I-130A. That's all they do. Then you will get charged again for them to transcribe that same info to DS-260 and I-864. Now, will it be done right? Not always; they may make typos or miss info and you may not even get a chance to review until after they sent the packet.

If you wanna throw money away try an American lawyer. They will need to fill out G-28 and I don't think they can if they aren't registered with a US State bar. 

Wow, 14 weeks is well over the 60 day period to file an inquiry with USCIS. Call them, tell them you've been waiting this long, ask for it to be documented as a case inquiry and/or to speak with a Tier 2 officer. 

Where are you in the process? Is your case at the embassy and awaiting an interview or are you just now getting started?

2 hours ago, n400applicant_007 said:

My wife (US Citizen by birth) and I have been married for 9+ years. We moved to the US in 2019 after I applied and got my LPR. I put in my n400 application earlier this year under the 3 year rule. We are in a stable marriage, and there is no marital disunity. We have a joint lease, file taxes jointly, have a joint bank account and she is on my insurance plan as well.

 

However technically, we don't meet the marital union requirement because she has spent most of her time outside the US the past 2 years. She is pursuing some research there which she is passionate about. We have seen each other a few times and she has visited me. One of the reasons I applied for my citizenship is so that I can spend more time with her in another country, without worrying about staying out of the US for too long.

 

I realise I should probably apply under the 5-year rule, but I am a bit desperate here. So I am evaluating the risk of going to the interview under my current circumstances. Once I have my interview date, I could ask my wife to come over and stay here for a few days around the interview, if that helps. But as far as I am aware, the State Dept doesnt track the travel history of US citizens. All other evidence I have points to her maintaining residence in the same place that I am. So I am hoping that I won't receive any pointed question and I don't have to lie under oath. Worst case, I could admit ignorance, get rejected and I re-apply under the 5-year rule.

 

Do folks have any advice here?

My understanding of the USCIS policy manual includes exceptions for not meeting the marital union requirement, including:

1) Required to serve in the armed forces

2) Required travel and relocation for employment.

It will be at the interviewing officer's discretion to evaluate if an exception can be made by evidence and proof you provide.

Is your wife employed and had to leave as a result?

Also, I don't want to be rude but I did not like the vibe you give off when you state "...the State Dept doesn't track the travel history of US citizens". Or when you state "I could admit ignorance". This sounds like you are trying to che the system and get away with something. Like pulling a fast one/hoping they don't catch yout. Sate Dept may not track US Citizens travel history, but DHS/CBP most certainly do. Just do things right the first time, and with full honesty. This is the only way to ensure success with US immigration.

Try giving them a call on Monday. They also have an online chat option. 

https://www.ustraveldocs.com/np/np-main-contactus.asp

2 minutes ago, Jjbb77 said:

I have this. I don’t have the options you showed. This DS 260 seems different 😳. The petitioner is my employer since this is an eb3 visa

 

There should be a page just as you log in that looks like the one I pasted above. When you log into CEAC, does it take you straight to this page you posted? Try Clicking on "home" by chance. There should be a page called "Immigrant Visa Summary Information" regardless ... What Embassy are you dealing with? Have you tried getting a hold of the Visa Applicant Center for your specific country? 

Does this option exist?

I still think you can do a follow to join derivative application based on the following:

The term “following to join,” as used in INA 101(a)(27)(C) and INA 203(d), permits an applicant to obtain an NIV or IV and the priority date of the principal applicant if the applicant following to join has the required relationship with the principal applicant. There is no statutory period during which the following-to-join applicant must apply for a visa and seek admission into the United States. However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join. As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D) below) or by entering a marriage. There is no requirement that the following-to-join applicant must take up residence with the principal applicant to qualify for the visa. The term “following to join” also applies to a spouse or child following to join a principal applicant who has adjusted status in the United States.

Spouse or Child Acquired Prior to Admission of Principal Applicant:  A spouse or child acquired prior to a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the period of time which may elapse between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant.

Option 2 requires your spouse to file an I-130 which takes 8-9 months to process. Then you will go through the NVC stage which takes 1-2 months to complete. You will be DQ'd and an appointment will be scheduled. This depends on the country of course as there are a few countries that aren't s current on the visa bulletin.

So I found these instructions on NVC's site:

On the case summary page’s status chart, there are two buttons under “Applicant Information.” To add or remove a family member from your case, click on the appropriate button. You will have to enter information about your family member, including name, address, email, and relationship to you. The new derivative visa applicant’ name will then appear on the list of applicants and you will have to pay the Immigrant Visa Fee, complete a Form DS-260 application, and upload civil documents for that person. However, it will take approximately one hour after adding a family member before the option to pay the Immigrant Visa Application Fee is active.

Note that some visa categories are only for unmarried persons, and a change in marital status could make you ineligible for that visa category. Typically eligibility for a visa category depends on the legal status of the petitioning family member in the United States, your age, and your marital status. You can find a list of immigrant visa categories on our website with details on the eligibility requirements for each type of immigrant visa.