Mobius1

9 minutes ago, Jorgedig said:

Sending photos has nothing to do with waived interviews.

 

I’m just stating my experience from the K-1 filing through today.  YMMV.

It does. 
 

1 minute ago, Jorgedig said:

We’ve never sent any pictures through this entire process.   No issues yet.   

It’s a recommended submission not required and it only helps a case and not damage it.

99.9% of people want to have interview waived. In such a case one should send everything they can to make the odds better. 

51 minutes ago, beloved_dingo said:

Wow. My husband and I don't even have 100 photos together. 

 

However, we did send around 12 photos, all spaced throughout our marriage and showing us in different places, and a few with friends/family. 

Am I a weird case for having about 13,000 pics over 4.5 years with my now ex? 🙄 

1 hour ago, M&Y_2019 said:

 

 

I honestly didn't plan to submit photos (or maybe a couple) as I heard they don't really give any weight to those. That said, we could include a few next to the area we show the boarding passes for trips we went on, or a couple showing the two of us with each other's respective families. 

 

I would advise against that. Pictures in a timeline fashion are a great evidence of how ur relation started and how its going, the celebrations, vacations, events you had together. I sent 100 pics (4 pics per page - 25 pages in total) in an ascending timeline with bottom section detailing venue, date, people in the pic.

11 minutes ago, Jorge V said:

The Dallas field office is not currently allowing visitors. My wife has her oath in a few days and this is what it says:

 

Who should come with you? - You may be limited in who may attend your appointment with you in person.

• If you do not speak English fluently and are eligible to take the appointment in a language other than English, you should arrange to have an interpreter come with you to the appointment or be available via phone. If you need a Sign Language Interpreter or Certified Deaf Interpreter, call the USCIS Contact Center at 1-800-375-5283 as soon as possible.
• Your attorney or authorized representative may come with you to the appointment or be available via phone.
• If you have a disability and have an individual who assists you, that individual may come with you.

No mention of anyone else being able to attend.

It’s such a big milestone. Would have been wonderful to have your loved ones along. Oh well, outside the building and straight to celebration lunch after that will do as well.

5 minutes ago, goobies said:

Correct, he did not attend the biometrics. Several (probably 6) appointments were rescheduled.

So as far as I see, his main issue is the abandonment of GC. If somehow he is able to get around it, the i751 re-application should not be an issue considering 3 kids.

6 minutes ago, Chancy said:

 

Because biometrics were not waived, but OP's husband did not attend (being outside the US all that time), despite multiple appointment notices from USCIS --

 

 

Yeah....people gotta follow requests from the agency, no room for complaints if not.

Just now, goobies said:

It will be 3 years in February 2023. I am traveling there with the kids and my mom in March of 2023.

These kids, are they from this marriage? If so I would be surprised why would they deny your i751....

Wow Houston is going so fast....

Hey Dallas, whats up?

3 hours ago, iwannaplay54 said:

LA - not sure

 

Houston - I attended but they didnt let me in.  It doesn’t take long, I advise to go.  At least you can flip the building off as a team on the way to the parking exit.

Looking forward to that flip after being done with them once and for all....

Hopefully Dallas oath allows. Would be nice to have loved ones join along in such a milestone...

Yes, it matters who files for divorce. In your case, its better since he filed for it.

However, i751 becomes more difficult with divorce. 

You need to document and keep proof of EVERYTHING that you can to prove it was his doing/ fault. You need as much proof as possible of your "real marriage".

The way USCIS operates is, they view all marriage cases as sham. Its your burden to prove them wrong.

Now the tricky part:

Timing in such cases is crucial. 

> Since you haven't filed i751 yet (will do next year), you cant file joint i751 now because that would be a lie (telling govt you guys are together when he has filed for divorce). You will have to do divorce waiver i751. 

          >> Tricky part with divorce waiver is that you need to have divorce decree in hand to even qualify for it. Though some officers are kind enough to give you 80ish days to get it done.

So its in your best interest either ways to finish up the divorce ASAP. No contest, ASAP. Get divorce in hand before you have to file Waiver i751.

One good thing about Divorce waiver is that you don't have to wait 2 years. You can file for ROC the day you get your divorce decree. But again, I would warn. You would need heavy evidence of real marriage, i.e. Financial + physical life you had together.

If you don't, you will be placed in removal which still isn't the end of the world. As you will have one more shot Infront of the judge.

You need a lawyer to do this. Don't screw this up! 

1 hour ago, khalazy said:

Hi all,
I am submitting my green card application (i-485) and there was a question "have you ever been denied visa previously"
I was denied tourist visa before, basically nothing wrong with my paperwork, the interviewers at the embassy are just [censored] (I wish them the worst of luck. super rude [censored])
I was given a generic letter "you dont demonstrate enough ties to your home country" and I was stunned

My question is: does a history of rejected tourist visa going to hurt my chances or make it slower/longer process in order for me to get the green card?
Thank you

The idea raised in their head will be, why does this guy want to come in the US so badly (even though there is nothing wrong with it. People want to visit and some want to make US their home), so your marriage maybe looked into a bit deeper. 

But that still shouldn't restrict you from filing. I would say it might make it slower so they can dig into prior denial.

Btw how far are the dates between your denial and filing of i485? A dirty trick used is to accuse person that they had immigrant intent all along during tourist visa. Best to work with lawyer. 

As for the kind words for the officers, we all get it. Just leave that frustration in the car when you go for interview 😄

Your best bet would be to inquire through the helpline.

For readers that could go through this, before you leave the officer's desk, get all the info for next steps and instructions, write them down on paper before you leave.

Study hard this time, there isn't a 3rd chance for civics. You will have to re-file n400.

34 minutes ago, sandmandr said:

Thanks! I hope so too. I'm sure this a simple error during the input. I gave them a call just now and they said they will have someone from Tier 2 give me a call.

That's strange indeed. Let us know what the T2 officer says.

50 minutes ago, Nkrish83 said:

Update: Received interview notification for wife today. Here's the timeline so far:

Application filed: Oct 22, 2022 (5 yr rule - filed 80 days early)

Biometric reuse notice: Oct 22, 2022

Interview scheduled: Dec 12, 2022  - interview date of 1/13/2022 at Irving office (Dallas FO)

 

Wow, that was quick. GL!

53 minutes ago, iwannaplay54 said:

Correct.  At worst they can hold you but they cannot return you

Well that's good to know that folks have a fighting chance. 

57 minutes ago, Mike E said:

That’s not a legal option.  

According to JH, it is possible that the person he turned back on the next flight instead of being let in, in such a scenario. 

Either ways, OP should consult a lawyer.

Fine tool. Wish it had N400 tracking too. 

Great none the less.

3 minutes ago, hopeful_immigrant said:

Tourist visa in the context of my comments was more on what could happen at the border during my entry. Whether I will be allowed to enter but have to give up my GC and enter as non resident (tourist) or other typical options.

 

So if NTA cases are taking ages, how long does it usually take to deal with an issue like mine? 3-4 years ? That is just weird. 

 

What status I am going to be in while waiting then? And can I still apply for N400 if it passes 3 years before I have my hearing??

One of 3 things may happen:

1) Officer believes your didn't abandon your GC and lets you in

2) Officer paroles you in for a hearing before the judge

3) Officer doesn't let you in

3-4+ years, yea that's the fallout by the previous admin. 

Its a limbo state, pending hearing / deportation or something.

N400? no. They will ask you to clear what you have before the judge.

19 minutes ago, IsabelleFredrick said:

I immigrated to the USA 3.5 years ago and my children stayed with their father abroad, I was going to settle for a year and then we would look at visitation. Before I left, my ex typed and we signed a maintenance agreement which was never filed at court, but he understood that it would take 6 months for me to be able to work and was gracious in that regard. When I arrived here, and looked at the job market I realized I would not be able to afford to pay him what I said I would (he typed the agreement up and said I must pay what he had been paying, but he had a corporate job and I have never had one). I kept in contact with him regarding this. AS soon as I got my green card COVID hit, and everything shut down. I was unable to find work until July last year (2021) and I sent him 25% of my income. I worked from home tutoring kids as that is what I have always done. 
I am currently studying and my ex has refused to accept any money from me unless it is the amount he wants ($800pm). I can't send that, so I have opted to pay money to the kids school directly, which I have done all of this year. 
Recently he got an attorney and said I owe a ton of backpay for the last 3.5 years, at the rate of $800. 
There is no court doc stating what I should pay. He will not write a letter saying I have paid. I have all my proof of payments. 
What on earth do I do for my application??

Unless its court ordered, the child support doesn't really apply. However, your ex, yes, can go to the court and have it back dated to 3.5 years ago. You could fight it but its going to be costly and at the end decision might still be against you.

Family law is just weird like that. 😕

N400 will be looked at negatively. For sure once your ex gets the court mandated Child support. And possibly even without it, as one of the questions asked is, "Have you ever failed to support your dependents". It doesn't say court ordered or not. That can become grounds for denial based on GMC (Good Moral Character).

1 hour ago, ImmigrantForLong said:

Might need addresses for the last 5 years

Not might, definitely will. And not just addresses, employment and unemployment, citations (if any) too.

The paper form itself requires it, online doesn't let you go further without filling it. If one doesn't fill it, expect RFE or denial.

11 hours ago, Alsharai said:

Hi everyone,

 

I applied for my citizenship in May 2022. 
on June 16, I had my biometrics appointment. 
Since then, my application has been under “Actively being reviewed by USCIS”. I have seen a lot of people, who applied in my field after me, get their interview dates and pass the interview.

 

A relative of mine applied 2 months after I did, and they have their citizenship now. 
 

Is this normal?

 

my field office is San Francisco!

 

I appreciate all your comments and insights!

No rhyme or reason, just luck minus potential additional background checks.

Checklist for n400 is among the smallest in all USCIS applications.

• N400 itself
• G-28, if bringing a lawyer in (Lawyer will complete it and attach all the documents)
• Marriage / Divorce certificate
• Front and back of your GC
• Paid citations (if any)
• Recommended  : Current on your child support / alimony (if any)
• Naturalization cert of your USC spouse (if applying under 3 year rule)

Don't think I am missing anything else. 

Essentially, work on your file starts about 1 week earlier if you file online. Your receipt and biometrics (if re-used) is issued almost instantly. By mail things take 4-5 business days to reach you.

Though a minority of people face difficulties filling the form online due to technical reasons.

However, once you have the receipt, you can add it to your list of cases after which both tacks operate the same.

42 minutes ago, hopeful_immigrant said:

 

yeah i am hoping the officer would be lenient, as i will be travelling with my whole family, and i am the only non citizen in the group.

 

Are there any readings/links on what will happen once someone got paroled in? (i am not gonna sign any documents to give up my GC at the immigration counter - as entering with a tourist visa would be pointless - need to start working after entering USA). Wanna know how people deal/manage immigration court. 

Trust that I am not trying to scare you but giving you worst possible cases so you could prepare ahead of time:

Immigration courts as I hear are very much backed up. It would take 3-4 years until one gets a hearing. 

You may have the option not to sign abandonment of GC but also a lot depends on officer, if they give it back.

Lastly, getting a tourist visa after this may not be possible since you have already shown "Immigrant intent".

I am not a lawyer nor expert in immigration law, mine are but informed opinions.