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JKLSemicolon

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Immigration Info

  • Immigration Status
    Removing Conditions (pending)
  • Place benefits filed at
    National Benefits Center
  • Country
    Ecuador
  • Our Story
    Original K-1 process (pre-VJ):

    8/30/2018 - I-129F sent
    9/4/2018 - NOA1
    2/12/2019 - NOA2
    3/19/2019 - NVC received
    4/3/2019 - Consulate received
    (let case sit at the Consulate for a while)
    3/6/2020 - Interview (one of the last before COVID closures)
    3/10/2020 - Visa issued
    8/9/2020 - US entry
    8/31/2020 - I-485/765/131 sent
    9/21/2020 - NOA1s
    9/24/2020 - AOS abandoned


    12/2020 - Started over with CR-1/IR-1 (see timeline for details)

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  1. One other thing regarding the birth certificate, have you looked into getting it through a third-party service such as this one (which I have used previously for a different state)?
  2. One option on that list is going through an attorney, which as @OldUser said in the first reply could be useful anyway given the nature of the situation.
  3. Just wanted to add that this sounds a lot like the Sunk Cost Fallacy and you don’t want that to cloud your judgement. Try to lay out your alternatives objectively and weigh the pros and cons of each (this would be good to do during an attorney consultation if you end up getting one). I am saying this having in our case gone through the K-1 process and starting the Adjustment of Status before cutting our losses and starting over with a CR-1 visa. When your circumstances change sometimes that merits re-evaluating the path forward.
  4. Your leaving in August is due to your husband’s taking a job in Vietnam and your essentially moving out of the country with him, correct? I am saying that given that, it makes sense to apply for the re-entry permit and complete biometrics before then, even if you do return at some point a few months after that. To me is less about ensuring you are able to re-enter the US on any given trip and more about justifying the (presumable) lack of evidence of a life together in the US after a certain point during the conditional residency period. Do give the I-407 route some serious consideration. If you search this forum you will find others who have gone that route and depending on the specifics, may be a better fit. Whatever you choose, put yourself in the shoes of someone adjudicating your case and think about the questions that they might have given your situation and how you can overcome that with quality evidence.
  5. If you do plan on filing for removal of conditions, I would apply for the re-entry permit ASAP as if nothing else it serves as evidence that you intend to maintain permanent residency in spite of prolonged periods out of the country (which may be hard to justify and/or will create a large gap in evidence during the ROC process). A possible alternative would be to go to Vietnam, surrender the GC via I-407, have your husband petition for you again via I-130, delaying as needed at the NVC stage until ready to return to the US under the IR-1 category and receive a 10-year GC without the logistical complications of ROC. The obvious downside to that would be not being able to visit the US after surrendering the GC, which could possibly be remedied by applying for a B visa before filing a new I-130. The B visa is not guaranteed but you’d have a better chance after the I-407. Edit: the specific timing of when to surrender the GC via the I-407 would also be a factor when it comes to the possibility of travel to the US. There are pros and cons to each approach and you would have to compare costs, etc. but I think it’s at least worth laying out all of your options.
  6. Just finished uploading some unsolicited evidence covering the time from our initial filing until the end of 2023. This was roughly 4 months of new evidence since we filed in September. Going forward, I think every 6 months could make sense, but I'm still on the fence about maybe just continuing with 4 months at a time. The upload was split into separate files covering different types of evidence during the period. Each file had footers with the petitioner's (i.e. conditional PR's) name, period of evidence, type of evidence, and page numbers (1 of n, etc.). The 12mb limit per file is pretty reasonable, but I did spend some time fine tuning the Optimize a PDF settings in Acrobat to make sure the quality wasn't degraded. My only piece of advice to those submitting multiple files would be to upload them one at a time. That way, you can make sure they appear on the list in the order you want. The most recently uploaded files appear at the top. I didn't heed my own advice and tried uploading 5 files at once; this made them appear on the list in the random order they finished uploading, which is slightly annoying after trying to be thoughtful about how to name/number everything. After having gone through the experience of putting together the first batch of additional evidence, I think it will be smoother the next time around.
  7. Unless you have clear, written documentation from USCIS that supports what you were told over the phone, I don’t see how anything other than the fee as of April 1 could be accepted.
  8. Have you tried a different e-file provider to see if the same thing happens when using the original dates? I would try somewhere else first with the same dates as before that allow you to exclude all of your income. If that doesn’t work, changing the dates as you suggested may be the way to go. If you qualify, maybe try another of the options here: https://apps.irs.gov/app/freeFile/browse-all-offers/
  9. This exact thing indeed happened to someone I know (unable to collect inheritance in a country that does not allow dual citizenship after becoming a US citizen). Hopefully @Jenna24 can let us know the country so we can know whether that applies.
  10. Strictly from the standpoint of fees, I don’t see a reason to file before the changes go in effect in April. It looks like the cost of filing online will actually go down slightly (from $725 to $710) due to the $50 discount, and for paper filers although the regular fee will go up slightly (to $760), the reduced fee option ($380) will be available to a wider range of incomes than before (up to 400 percent of the Federal Poverty Guidelines): https://www.uscis.gov/sites/default/files/document/outreach-engagements/2024FinalFeeRule.pdf https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule
  11. If they do the congressional inquiry and 45 days later there is still no progress, they could submit a request through the USCIS Ombudsman: https://www.dhs.gov/case-assistance
  12. If you have/create an account on MyUSCIS and link the case once it’s received, you can always upload “unsolicited evidence” like this later if you wish. As others have said, I certainly wouldn’t delay filing because of it.
  13. A mistake like that from your lawyers could have potentially had huge negative consequences for you. Might be time to start looking for someone more competent (if you think you need a lawyer at all).
  14. I’m glad the card is arriving soon. In case anyone reads this later on I wanted to share a somewhat similar experience of a green card arriving while the GC holder was out of the country: After my wife entered for the first time with an endorsed CR-1 visa with an I-551 stamp good for a year, the physical card took 4 months to arrive and as a result came in the mail when she was out of the country. When she returned to the US, the airline rep was confused with the still-valid stamped visa and called the number for (I think) CBP where the person on the phone wanted to know why she didn’t have the GC that had been issued. Although it took some explaining, eventually everything was fine. She was told that the next time she traveled she needed to use the GC instead of the stamp. I don’t see why there actually would have been a problem traveling with the stamp again while it was still valid, but we didn’t need to find out. Based on that one would imagine that the expired GC and a still-valid extension letter would work the same way even after a new GC is issued, although if using that to travel it wouldn’t hurt to budget some extra time for the check-in process at the airport.
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