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da95826

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  1. Like
    da95826 got a reaction from Rocio0010 in I 751 when separated but in good terms   
    Is your spouse going to the interview with you?
     
    If so can your spouse be relied on to support that your relationship is bonafide  and you are working to reconcile the relationship? 
     
    You definitely want to be honest about the status of your relationship, if necessary you can refile an i751 waiver case if you are denied and you get a divorce later. There is no waiver for misrepresenting the status of your marriage, marriage fraud will permanently bar you from getting a green card.. 
     
    If you and your spouse can prove you entered the relationship in good faith and you are working to reconcile the marriage you are likely to be approved.
  2. Like
    da95826 got a reaction from Joyoussinger in When you apply for i-751 removal of conditions   
    No, your application will be rejected, you can only apply a joint i751 application WITHIN 90 days before your conditional green card expires. If you check the i751 instructions you will see when you can file an i751 application https://www.uscis.gov/i-751.
     
    In fact you MUST file within the 90 day window otherwise you will be late or too early. 
     
    Between now and when you can file you can collect bona fide marriage proof to submit with your i751 application. Joint Tax Return transcripts for each year of marriage, joint lease, copies of state ID with same address (driver's licenses), w2 or 1099 docs for each year married show common address, joint bills, joint bank statement for each month of marriage, birth record of children together, photos together, proof of travel together, even copy of mail sent common address, and so on.
     
    A i751 waiver case can be filed at any time, but the joint l751 must be filed within 90 days of CGC expiration.
  3. Thanks
    da95826 got a reaction from SDNOMAD in When you apply for i-751 removal of conditions   
    No, your application will be rejected, you can only apply a joint i751 application WITHIN 90 days before your conditional green card expires. If you check the i751 instructions you will see when you can file an i751 application https://www.uscis.gov/i-751.
     
    In fact you MUST file within the 90 day window otherwise you will be late or too early. 
     
    Between now and when you can file you can collect bona fide marriage proof to submit with your i751 application. Joint Tax Return transcripts for each year of marriage, joint lease, copies of state ID with same address (driver's licenses), w2 or 1099 docs for each year married show common address, joint bills, joint bank statement for each month of marriage, birth record of children together, photos together, proof of travel together, even copy of mail sent common address, and so on.
     
    A i751 waiver case can be filed at any time, but the joint l751 must be filed within 90 days of CGC expiration.
  4. Like
    da95826 got a reaction from Chancy in No NOA for I-751; Work Travel Necessary [split topic]   
    No, not the people not letting board the plane, the issue is she would not be able to get on an airplane without valid proof of LPR status. Without current proof airlines will not let you on to the plane, the border agent may look her up and see she has an i751 pending but I would not count on that either.
    The problem is she is likely to get stuck out of the USA without the extension letter plus an expired green card or a stamp. Don’t travel outside of the USA without proof of your LPR status.
  5. Like
    da95826 got a reaction from mw2018 in I-751 weird case status message   
    Stuff happens with USCIS, we are still waiting after 22 months and during our wait we got three separate notices mailed to us that the biometrics were being reused.  One in October, one during the winter, and one in June only the first notice was recorded on the USCIS online case tracker. USCIS case tracking has major issues, sometimes no updates at all in some cases.
     
    Don't read too much into redundant USCIS actions.
  6. Like
    da95826 got a reaction from Duncan21 in Processing Times (I-751) for MSC (National Benefits Center)   
    Your conditional LPR status does not run out when your extension letter expires, only proof of your continued LPR status runs out. If you need proof of your continued LPR status to travel out of the USA or you are starting a new job or renewing a driver's license you can call USCIS to get a i551 stamp in your passport. Call USCIS and make an infopass appointment at your local USCIS field office 30 days before your extension letter expires.
     
    If you don’t need proof of your LPR status you don’t need to do anything, your legal permanent residency remains in place and you remain legal to work and live in the USA. ICE and USCIS are fully aware of your continued status while you wait for your i751 to be adjudicated.
  7. Like
    da95826 got a reaction from cgcrooks in Help Biometric Appointment   
    I recommend you go to the USCIS Application Support Centers address with your appointment letter and needed ID and see if they will let you do your biometrics anyway. Pre COVID USCIS was flexible about biometrics appointments. 
     
    There is a good chance they will let you in if they are not too busy, go at a time there are not many people.
  8. Thanks
    da95826 got a reaction from MyNameIsEarl in Advance I-551 stamping   
    Buy a refundable/changeable ticket home to collect proof of your dad's illness. You will need to call USCIS and request an emergency appointment for the i551 stamp. You should get an appointment in one or two days.
    You will need to bring proof of the urgent need for the stamp.
     
    You could take the evidence of the urgent need for the stamp to the field office and see if you can convince the staff at the field office to let you walk in to get one.
  9. Thanks
    da95826 got a reaction from Southern_Belle07 in I-751 September 2021 Filers   
    Should be no issue at all, you could use your passport for ID to travel as well that will always work for travel ID.
  10. Thanks
    da95826 got a reaction from clw654321 in No NOA for I-751; Work Travel Necessary [split topic]   
    No, not the people not letting board the plane, the issue is she would not be able to get on an airplane without valid proof of LPR status. Without current proof airlines will not let you on to the plane, the border agent may look her up and see she has an i751 pending but I would not count on that either.
    The problem is she is likely to get stuck out of the USA without the extension letter plus an expired green card or a stamp. Don’t travel outside of the USA without proof of your LPR status.
  11. Like
    da95826 got a reaction from clw654321 in No NOA for I-751; Work Travel Necessary [split topic]   
    Make an emergency infopass appointment to get an i551 stamp in her passport. Bring proof of travel outside of the USA, bring proof you filed your i751 (check cashed or credit card charged) tracking info of package. 
     
    You will need to prove the urgent need for the stamp to get one quickly.
  12. Like
    da95826 reacted to KimberleyVDB in N400 Sacramento Field Office   
    Today was my day of the interview and I was recommended for approval! 
  13. Like
    da95826 got a reaction from peachouille in I-751 March 2020 Filers   
    This is what I see when looking at i751 processing time on the USCIS site....
    Only USCIS Service Centers and a combined all field office category for those who are scheduled for an interview.
     

  14. Like
    da95826 got a reaction from Yuliia in I-751 November 2020 filers   
    Not much chance of them changing their mind about interviewing you. You will likely have a joint interviews for the ROC and n400 together.
  15. Like
    da95826 got a reaction from Sk87 in I-751 September 2021 Filers   
    Yes, the original copy of the extension letter + expired green card is needed for travel.
  16. Like
    da95826 got a reaction from Dashinka in Do I need to hire an attorney for a divorce waiver if I filed jointly   
    You can request that your joint pending joint i751 case be converted to an i751 waiver case based on good faith marriage ending in divorce.
    You don't need to refile, write a letter to the USCIS office at the address on your latest receipt notice. The letter should  request to convert your i751 joint petition to remove conditions on your residency case to a i751 waiver case based on divorce and send proof you have filed for divorce along with a copy of your receipt notice . 
     
    You want to notify USCIS that you are getting a divorce soon after you have the divorce started. You don’t want USCIS to approve your i751 after your file for divorce that will cause problems down the road when you file for naturalization.
     
    You can convert your i751 at the interview so if you are expecting an interview that will be okay to convert your case then, but best to notify USCIS of the change of status of your marriage early if by chance they approve the case unexpectedly after divoce is final or close to final.
  17. Like
    da95826 reacted to Rocio0010 in I-751 denied, what's next?   
    You're not going to be deported. And if you were, it takes YEARS. So, the new petition will cancel the other one. 
     
    With a new I-751, you will get another 24 month extension letter. With that, your passport and your green card you can safely travel.
     
    It absolutely does not.
  18. Like
    da95826 got a reaction from Rocio0010 in I-751 denied, what's next?   
    Sorry this happened to you.
    You MUST reapply right away. You should file an i751 waiver case on your own.
     
    You have two i751waiver options here:
    Put together an i751 waiver case based on abuse or severe emotional abuse. You need proof you entered into the marriage in good faith, evidence you lived together and shared finances, you will also need to prove emotional abuse and/or physical abuse (abusive behavior, abusive text and emails, controlling behavior) abuse evidence is needed for application. Severe emotional abuse and or physical abuse are good causes to get an i751 waiver case approved. If you got evidence of abuse this could be the quickest way to refile your i751 case without a divorce.
     
    Your second option is to file an i751 divorce waiver case, You MUST GET A DIVORCE as soon as possible for this option to work. Get a divorce quickly as you can. 
    You can then file an i751 waiver based on divroce before you have a divorce in hand. If you can show you have filed for divorce, USCIS will send a request for evidence for your divoce decree. You need good faith marriage proof you enter the marriage in good faith up to separation and you need a final divorce decree to be approved. Timing is a bit of a problem since you don't have a divorce case started yet and you need a divoce decree to complete your i751 waiver case.
     
    If you do not refile a new i751 you will go to immgration court at some point later in time.
    Getting a good immgration lawyer and a good divorce lawyer may be a good idea to assist you in navigating your immgration/life go forward.
     
     
  19. Like
    da95826 got a reaction from Dorakiss in Multiple Car accidents during N-400 case processing..   
    Were you detained or arrested? If no, no need to report to USCIS, If yes report to USCIS.
    Did you go to court?  If no, then not a misdemeanor. Nothing to report
    Did you get a traffic citation? ( a traffic ticket) if so you would report to USCIS your traffic infraction and show that you paid the fine and took the traffic class. Traffic violations do not adversely affect n400 cases if you take care of them
     
    If you were charged with a misterminer you would have multiple court appearances and would need to plead and would have punishment if you were found guilty. Does not sound like any criminal charges have been filed in your case.
     
    Looks like you are being required to take traffic school to keep your driving privilege. This is not a crime it may be an infraction but most like just an administrative action taken against you due to your driving record. I don’t believe you need to report administrative actions taken against you. It will not adversely affect your immgration case so you can report it to USCIS and show you took care of it if you would like.
    USCIS will bring up any arrests or criminal charges at your interview but it is unlikely they will bring up infractions (driving, parking, and so on) and I don't expect they will bring up an administrative action against your driving privilege.
  20. Like
    da95826 got a reaction from Timona in Denied for failure to respond even though I responded   
    Yes, you just need an explanation as to why you are filing your joint i751 case late. (Note if i751 waiver case you file anytime, no time limits to file them) 
    Filing a 2nd l751 after ROC dinal is the best course of action at this point.
  21. Like
    da95826 got a reaction from SoCal2021 in Divorce while I751 was pending approved Issues with N-400? (merged threads)   
    When you go for naturalization USCIS will review the ROC since you got divorced right after you got your 10 year green card. It is good that you got the divorce finalized after your ROC approved, but USCIS will review the divorce decree to see when you separated from your spouse, see why you divorced and so on. As long as the reasons listed in the divorce are not fraud then you will likely be okay.  
     
    Be prepared to defend your marriage with USCIS when you file your n400, keep your evidence of good faith marriage, be prepared to go over the timeline of your marriage and divorce with the IO. I would not bring it up when you go to your naturalization interview but you should be prepared to address whatever concerns the IO may bring up. 
     
    There is a good chance it won't be an issue with USCIS. Just be prepared to defend your good faith marriage and show that you did not intend to deceive USCIS if it comes up at the n400 interview. A good faith marriage ending in divorce is still a valid reason for USCIS to remove the conditions on the LPR so getting the divoce would not  have prevented you from getting a 10 year green card; you just need to prove there was no fraud with your marriage case, if it comes up.
  22. Like
    da95826 got a reaction from Dashinka in Divorce while I751 was pending approved Issues with N-400? (merged threads)   
    When you go for naturalization USCIS will review the ROC since you got divorced right after you got your 10 year green card. It is good that you got the divorce finalized after your ROC approved, but USCIS will review the divorce decree to see when you separated from your spouse, see why you divorced and so on. As long as the reasons listed in the divorce are not fraud then you will likely be okay.  
     
    Be prepared to defend your marriage with USCIS when you file your n400, keep your evidence of good faith marriage, be prepared to go over the timeline of your marriage and divorce with the IO. I would not bring it up when you go to your naturalization interview but you should be prepared to address whatever concerns the IO may bring up. 
     
    There is a good chance it won't be an issue with USCIS. Just be prepared to defend your good faith marriage and show that you did not intend to deceive USCIS if it comes up at the n400 interview. A good faith marriage ending in divorce is still a valid reason for USCIS to remove the conditions on the LPR so getting the divoce would not  have prevented you from getting a 10 year green card; you just need to prove there was no fraud with your marriage case, if it comes up.
  23. Like
    da95826 got a reaction from EandS2019 in I-751 September 2021 Filers   
    For continuous residency requirements for any green card holder you should not be out of the USA for more than 180 days at a time (nearly 6 months). If you are away for longer you will impact your naturalization application date you can file for your n400. Also you need to be in the USA more days than the number of days outside of the USA during the 3 or 5 years before filing for USA citizenship.  
    Out of the USA more than 180 days you will reset your time needed to apply for your n400 to three or five years from your return date.
  24. Like
    da95826 got a reaction from Sk87 in I-751 September 2021 Filers   
    For continuous residency requirements for any green card holder you should not be out of the USA for more than 180 days at a time (nearly 6 months). If you are away for longer you will impact your naturalization application date you can file for your n400. Also you need to be in the USA more days than the number of days outside of the USA during the 3 or 5 years before filing for USA citizenship.  
    Out of the USA more than 180 days you will reset your time needed to apply for your n400 to three or five years from your return date.
  25. Like
    da95826 got a reaction from Eric&Mirella in I-751 September 2021 Filers   
    For continuous residency requirements for any green card holder you should not be out of the USA for more than 180 days at a time (nearly 6 months). If you are away for longer you will impact your naturalization application date you can file for your n400. Also you need to be in the USA more days than the number of days outside of the USA during the 3 or 5 years before filing for USA citizenship.  
    Out of the USA more than 180 days you will reset your time needed to apply for your n400 to three or five years from your return date.
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