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da95826

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  1. Like
    da95826 got a reaction from AOSFairfax in ROC and Income?   
    You just need evidence of joint finances with spouse it does not matter how much you earn only evidence that whatever was earned was joined together and deposited into a common joint account and you pay for expenses from that joint account. Have as many joint bills as you can and a joint lease or mortgage, and file taxes as married filed jointly.
  2. Like
    da95826 got a reaction from Asia in I need help! Physically separated from American Spouse - I have a Conditional Green Card   
    Divorce is no fault almost everywhere in the USA, you can file just because you don't want to married anymore citing irreconcilable differences. Your spouse can not stop you from filing for and getting a divorce. 
     
    If you want a divorce then file for one right away. it is up to you no need to wait for your spouse. 
     
    Take control of your situation and make what ever move that make sense for yourself. prepare a i751 waver for abuse if you have evidence of  physical and emotional abuse, or file for divorce and later file an i751 waver for divorce.
     
    I personally think a divorce waiver case is easier you just need a divorce no additional proof needed beyond good faith marriage proof you need for all i751 cases anyway. 
     
  3. Like
    da95826 got a reaction from NikkiFromCanada in I need help! Physically separated from American Spouse - I have a Conditional Green Card   
    You do have the option for an abuse waiver option on the i751, if you have proof of physical abuse or extreme physical abuse. If for some reason a divorce is not available you can file based on abuse without your spouse's participation. 
     
    With both i751 waiver cases you will still need proof your marriage was in good faith that you shared finances and live together, tax  returns, joint bank statements, joint lease/mortgage and so on, so collect as much evidence for your case as you can.
     
    Divorce waiver is easy to prove, you just need divorce along with bona fide marriage proof.
    Abuse waver harder to prove you need to have proof of abuse along  with bona fide marriage proof (divorce not required).
     
    File the i751 case that make sense for you  do not allow your spouse to control your  immigration process.
     
    Good luck to you.
  4. Like
    da95826 got a reaction from YoloTrustMe in Response to RFE delayed - Would case be denied ?   
    Looks like you will be all good, receipt of the RFE is on the due date.
     
    In addition USCIS has automatically extended the effective due date on RFE due to COVID by 60 days throughout the year. A late RFE response will not be an issue for you either way. 
     
    https://www.aila.org/infonet/uscis-extends-flexibility-for-responding
    https://www.nolo.com/legal-updates/received-rfe-noid-or-nois-from-uscis-in-march-2020-you-might-have-extra-time-to-reply.html
     
  5. Like
    da95826 got a reaction from Orangesapples in Response to RFE delayed - Would case be denied ?   
    Looks like you will be all good, receipt of the RFE is on the due date.
     
    In addition USCIS has automatically extended the effective due date on RFE due to COVID by 60 days throughout the year. A late RFE response will not be an issue for you either way. 
     
    https://www.aila.org/infonet/uscis-extends-flexibility-for-responding
    https://www.nolo.com/legal-updates/received-rfe-noid-or-nois-from-uscis-in-march-2020-you-might-have-extra-time-to-reply.html
     
  6. Like
    da95826 got a reaction from elle.and.elle in Help Needed: Applying for Re-Entry Permit During ROC   
    Best to return within 6 months for lots of reasons it will help with narulzation she can get a i551 Stamp in passport at the end of her extension and return home.  
     
    It may be possible to fly through 3rd counties between here and there, look for creative itineraries, she my need to quarantine there but then travel on to the US.
     
    If she is out of the US and you are both called for an interview for your i751 case it will be denied if she can't get back in time. If the case is denied while out of the US not sure her re-entry permit would be valid any more. You would have the right to go before a judge her LPR status does not end until the immigration judge tremeates it so maybe it would be possible to keep the case alive and get approval if she can get back to appear. If denied you can refile an i751 but I think she needs to be in the USA to file an i751.
     
    An another issue in 8 months you would need an i551 stamp in her passport to travel, can the US embassy issue her one there I don't know (not sure a reentry permit works with an expired green card). 
     
    USCIS can see she is out of the county and if you two are apart for a long time it may hurt you i751 case they can also see she filed for an reentry permit also indicating a long separation, I would say you would be more likely to be interviewed. You should both document time together online, and correspondence between each other while she is away you may need that evidence for the i751 case but you will need it for a n400 application later for sure.
     
    The best case scenario is the ROC is approved without an interview while she away and you send her 10 year green card and she has an valid reentry permit. I hope this is what happens.
     
    I don't have answers to your questions how the reentry permits work with an expired green card but I do think it is risky for your i751 case to spend a long period of time away from each other and her possible inability to respond to a interview appointment in a timely manner.
     
    I so sorry about her dad and I hope she can see him soon.
     
  7. Thanks
    da95826 got a reaction from JosephAsh in Need help   
    Have you ever had  I-130 approved?
    Have you ever had a green card?
     
    This form is for people who are removing conditions from their 2 year green cards (i751 filings). If you have an expired 2 year green card then my advice would be different you would have more options to move forward including a divorce waver.
     
    If you have never had a green card then your options are limited, stay married to wife living together, or file for VAWA (if you can prove abuse).
     
    Get an experienced immigration attorney you will need to appear before an immigration judge to move your case along.
  8. Haha
    da95826 got a reaction from Lemonslice in Being separated by school when filing I-751   
    You are proving my point, they travel for work; the airline put airline worker up in hotels that they pay for and you go home every few days and stay at home, truck drivers are staying in their trucks or stay in motels in efferent locations but come home to live and maintain one address with spouse. If you travel for work for an employer or you are self employed and you come home after the job then you are good, no issue.
     
    That is not the same as enrolling in school or taking a job away from your spouse and getting a 2nd place to live. If you do not live, work or attend school in the same metro area as your spouse you will make harder to proof a real marriage to USCIS.
  9. Confused
    da95826 got a reaction from NikLR in Being separated by school when filing I-751   
    To get your LPR through marriage the couple needs to share finances and live together that is how the USCIS determines that you have a real marriage. If you don't do those two things together then you are putting your LPR at risk.
     
    You should maintain the same home address with your spouse where your both get mail and you have a joint lease, have joint bills and file taxes together jointly. 
     
    Going to school a hundred(s) miles away from your home address with your spouse will in itself raise red flags with USCIS that you are not together with your spouse.
     
    Best to move together somewhere where you can live with your spouse with a reasonable commute for each to school and to job or wait until you get your citizenship then go to school. 
     
    If you go through with the home on weekend and holidays plan best to document each trip and days with spouse as evidence for your case. If legal keep the same home address with spouse at all times. You will make your case harder to prove a bona fide marriage you will need to go to an extra effort for additional proof if you spend time away and rent another place stay the during the week.
  10. Confused
    da95826 got a reaction from Orangesapples in Being separated by school when filing I-751   
    Traveling for work is not the issue even every week, going for short term training and staying at hotel is not an issue as long as you are home with your spouse much more than you are not and you are staying hotels that you are being reimburses for by your employer.
     
    But a spouse and applicant working for employers and/or enrolled in schools for years in different cities far apart is an issue in itself. Spending money for a second place to live weather for a dorm or apartment is a red flag to USCIS that you are not together as a couple. 
     
    I would make every effort for each spouse to work for employers in the same areas as they live and each to be enrolled in school in the same area as the spouses work and home address. 
     
    Working or going to school full time apart from your spouse is an issue and will make it harder you for to prove you have a real marriage as defined by USCIS. 
  11. Confused
    da95826 got a reaction from Lemonslice in Being separated by school when filing I-751   
    Traveling for work is not the issue even every week, going for short term training and staying at hotel is not an issue as long as you are home with your spouse much more than you are not and you are staying hotels that you are being reimburses for by your employer.
     
    But a spouse and applicant working for employers and/or enrolled in schools for years in different cities far apart is an issue in itself. Spending money for a second place to live weather for a dorm or apartment is a red flag to USCIS that you are not together as a couple. 
     
    I would make every effort for each spouse to work for employers in the same areas as they live and each to be enrolled in school in the same area as the spouses work and home address. 
     
    Working or going to school full time apart from your spouse is an issue and will make it harder you for to prove you have a real marriage as defined by USCIS. 
  12. Confused
    da95826 got a reaction from Lemonslice in Being separated by school when filing I-751   
    To get your LPR through marriage the couple needs to share finances and live together that is how the USCIS determines that you have a real marriage. If you don't do those two things together then you are putting your LPR at risk.
     
    You should maintain the same home address with your spouse where your both get mail and you have a joint lease, have joint bills and file taxes together jointly. 
     
    Going to school a hundred(s) miles away from your home address with your spouse will in itself raise red flags with USCIS that you are not together with your spouse.
     
    Best to move together somewhere where you can live with your spouse with a reasonable commute for each to school and to job or wait until you get your citizenship then go to school. 
     
    If you go through with the home on weekend and holidays plan best to document each trip and days with spouse as evidence for your case. If legal keep the same home address with spouse at all times. You will make your case harder to prove a bona fide marriage you will need to go to an extra effort for additional proof if you spend time away and rent another place stay the during the week.
  13. Like
    da95826 got a reaction from pazzee in i751   
    If you are called in for an interview and you are alone you will need to go to interview and ask the officer to convert your i751 to an abuse waver. case.
     
    You will need evidence of your abuse police reports, medical evidence, pictures of injuries, copy of restraining order.
     
    You should consider filing a new i751 with abuse waver with evidence of the abuse as soon as possible.  
     
    Change you address with USCIS if needed to prevent your spouse from getting your notices from USCIS.
  14. Like
    da95826 got a reaction from JasonGG in uscis returned my item   
    USCIS scans photos into their system, think copy machine like device. Copy your photos on to a 8.5 by 11 inch page have like four photos per page. You can make notations in area above and below indicating where, when and who is in picture.
     
    USCIS will not use a photo album if it need to be taken apart to scan pictures into it.
     
    If you make photocopy of each page of your album and submit each page looseleaf one sided that will likely work. 
  15. Like
    da95826 got a reaction from UScanucks in Divorce while in Conditional green card   
    Sorry for the end of your marriage, Yes collect as much evidence of your bona fide marriage you will need it for your i751 (with divorce waver) filing, I don't think you can have too much relevant evidence.
     
    Wait until your divorce is final and submit your i751 package with divorce waver to remove the conditions of your green card. Note you do not need to wait to file until the 90 day before the 2 year card expires, you can file when your ready i.e, after your divorce is final. 
     
    So you can file sooner than you could if you were still with your spouse. 
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