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Oban

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Posts posted by Oban

  1. Thank you for the information (and the link). Great help!

    I am playing this scenario in my mind right now, and I need some guidance:

    Assuming they go to a US Consulate (in Canada, Germany, wherever...) and re-apply in person for the lost visa, how do they get back into the US? Because the obviously left the US, have no valid visa anymore... I assume it will be very difficult to get back in at the boarder?!

    What are your thoughts on this?

  2. Hi all,

    yes, he has copies of the passports and visas. However, are you serious, he would need to get with the consulate in Frankfurt, Germany? No way of getting new visas from USCIS while in the US? Or from the State Department? He really needs to go to the consulate?

    I mean, lets face it, that is for him, his wife and three kids a big trip. Flight costs for 5 people, costs for the visas, etc... I would guess that is quickly $6000, if not more.

  3. Good morning,

    I am writing this post on behalf of a friend. The passports of him and his family got stolen with the US visas in it.

    He is currently here in the US on a E2 visa to work for a German company. His wife, and his three kids are also here, all have visas which are based on his E2 visa.

    He and his family drove to the German consulat yesterday to apply for new passports. So new passports is already taken care of, and they will receive them in about six weeks.

    The main question, however, is how to handle the US side of it. Obviously they needs to re-obtain their visas. How does this work? What are the appropriate steps? I know that the USCIS office in Atlanta is the one responsible for us. The vivas were issued by the US consulat in Frankfurt, Germany.

    I am greatful for any input I can pass on to him!

    Regards,

    Oban

  4. Hi Guys,

    My wife and I, after long talks and seeking a marriage counselor are getting the divorce.

    I have would to ask three question:

    I heard that if a divorce occurs, the residency condition can still be removed(!?), does anyone knows if the law puts any requirement on how long the marriage needs to have subsisted in order to be eligible to apply for the waiver ?

    We have a Child together do I need to mention that in my application ? would it that be ok ?

    Could anyone tell me what sort of proof is required to show that the marriage has been entered in good faith ?

    Thanks a lot for your inputs

    Just went through the same and got conditions successfully removed. To answer your questions:

    "I heard that if a divorce occurs, the residency condition can still be removed(!?), does anyone knows if the law puts any requirement on how long the marriage needs to have subsisted in order to be eligible to apply for the waiver ?"

    You are correct. You are eligable to get your conditions removed. There is no specific time requirement concerning how long you have to be married in case of a divorce. Let me put is this way: if you get divorced after 1.9 years, meaning close to the actual 2 year deadline, it looks somewhat more like a real marriage than getting a divorce one week after entering the US. Having said that, this statement of course is only taking into account the time aspect. If you have of course tons or documents as proof the time aspect is not as important. Every case including evidence is somewhat unique.

    "We have a Child together do I need to mention that in my application ? would it that be ok ?"

    Having a child together is great proof / evidence in your situation. The birth certificate should certainly be included in your evidence. Nevertheless, you only need to mention the child as evidence and not for application purposes as the child is a US citizen and therefore has not green card and or relevance for the proceedings (unless used as evidence as aforementioned).

    "Could anyone tell me what sort of proof is required to show that the marriage has been entered in good faith ?"

    Any documentation showing somehow and somewhat that you maintained a real marriage.

    - Insurance Certificates (Car, Life, Property, what not..)

    - Birth Certificate of Children

    - Car Titles

    - Car Loans

    - Mortgages / Rental Agreement

    - Bank Statements showing joint ownership of bank accounts

    - Credit Card Statement

    - Health Insurance Documents (Invoices, Claims, etc)

    - Flight Tickets from previous trips

    - Hotel Booking Confirmations

    - Rental Car Receipts, showing your or your spouse as add. driver

    - In your case: AFFIDAVIT OF YOUR MARRIAGE COUNSELOR (I did the same!!!)

    - Affidavits of friends, etc

    - Affidavit from your former spouse (if he/she is willing to do this)

    - Copies of Driver Licenses showing same address for both of you

    - Family Cell Phone Plan Invoices

    - Any other term based financial documentation / agreement

    - Official IRS Tax Return Transcripts, etc

    - etc etc etc

    Send me a Private Msg if you need more info.

    Note: I got my conditions removed without request for further evidence or interview. This is great, however unexpected and not the general rule. Nevertheless, if you need help let me know.

  5. Dear Visajourney,

    I love you all! This forum offered so much support, information and facts throughout the process of my visa application with the consulate in Frankfurt as well as with the removal of conditions process two years later here in the U.S.

    Just as Wikipedia became a source of information for many people around the world I feel Visajourney is THE source for us, the poor individuals caught in the processes and laws concerning immigrants here in the United States.

    As of today my journey is over. At least for a while. I got the approval notice concerning my ROC! (dated 04-20-10, received today).

    As some maybe know, I filed under the good faith waiver and submitted a ton of papers (@the guy of VSC reading my file: sorry pal...). No RFE. No Interview. Just a good old plain approval.

    I am so happy as today is Christmas, my Birthday and whatever-good-other-celebration-day-is-out-there at once.

    AGAIN: THANK YOU ALL!!!

  6. I was in the same situation.

    Make an Infopass appointment. Bring your Greencard, Passport and Drivers License. Bring whatever proof you have that you filed for removal of conditions (cancelled check, proof from USPS that the package was delivered, etc).

    You might get lucky and will even receive the Biometric Appointment letter before you have the infopass appointment. Than you actually know the real case number (because the case number on your cancelled check is only for reference, it is not the actual case number). Nevertheless, they should be able to find you under your A# which is on your greencard.

    Explain to them your situation. They will put a I-551 stamp in your passport, usually valid for 1 year. So that will cover you.

  7. Hmm... I see...

    Okay, let me be more specific given the re-entry permit thing. How it would work in my case:

    Assignment duration would be one year. During that year I would be in the Middle East, but with breaks. Meaning: 4 months over seas, one week back in the US, 4 months over seas, one week in the US, and so on and so forth.

    So how would that work with a re-entry permit? I assume it would look weird when I am back in the US for one week every four months. What would be the best approach?

    And in addition: if I do this whole job thing, would I kill my chances to apply for citizenship?

  8. I understand that a re-entry permit is needed if you leave because it is your own choice. But if you are employed in the US, and you live in the US, however your job requires you to leave I believe it is a difference.

    The guys joining the armed forces are also sent overseas. Even some who are non-US citizen and only LPR. They have to leave for sometimes longer than a year. Would that not create a contradiction within the law?

  9. Hi all!

    As some maybe know from the removal of conditions forum, I am currently trying to get the 10 year greencard. Under the assumption that all will work out I might have a new job opportunity in front of me.

    Currently I am with a company here in the US, and also work in the US. This new opportunity would still be with a US company (out of Houston), but they would send me overseas for the employment (contract) period, which would be around 1 year.

    To be more specific (not knowing if details make any difference):

    I am in procurement and contract management. The job would lead me to Iraq and the Middle East as a civil contractor.

    My concern is: I would leave the US for a long time, but don't want to have them take my greencard away. Or is it okay to leave for such a long time, because my US employer send me abroad?

    I hope anyone here can clarify the legal aspect.

    Regards,

    Oban

  10. Hey guys,

    Still no sign of my NOA1, but I just noticed that my German passport is about to expire in a little less than one year. In order to get a new one I need to go to Atlanta. The process of actually getting it will probably take a couple of weeks. So how should I go about it?

    My Bio Appointment is next Monday. My idea was to get a I-551 stamp if the NOA1 does not arrive by then. But I would assume that USCIS would have a problem with putting a 1 year extension in a less than 1 year valid passport?!

    In addition, the German consulate wants to know for how long my "visa / alien resident card / whatever type of permit I got to be in the US" is valid for. If I apply now, I have to state 02/23/10, cause I do not have an extension yet....

    So here are the scenarios:

    1.) I go to USCIS next Monday, get a stamp. They will have an issue with passport expiring in less than a year...

    2.) I do not get the stamp on Monday, but go to the German consulate instead. Get the new passport ordered. I don't know if they take the current - still valid - passport away while you wait for the new one or if they give it back to you (maybe some other Germans know?!). Either way... I will get a new passport, but still have no proof that I am allowed to be in the US for my employer. In addition, the Germans will have a problem with the fact that my Greencard expires in like a month. Which I cannot proof, because I don"t have a NOA1 (the stamp would come in handy here).

    In addition to all of this: I need something for my employer by 02/23!

    The biggest bummer would be: if I get the stamp, go to the German consulate, they get the new passport ordered, but take my old one away. So I would be here, no passport, no proof of me being legal, no nothing.

    Anyone with a good idea?!

    Regards,

    Oban

    3.)

  11. You should, but unfortunately the DMV employs many people with very small brain capacity, similar to those of monkeys. They function pretty much like drones, so when they encounter a document they haven't seen before, they shake their heads.

    What that means to you is that you have to know what might happen once you hand over the expired GC and the NOA1. Be prepared for a DMV employee to look at you like a fish trying to look through a bubble, and telling you what you have is not sufficient. You need to be prepared and have your response ready; ask to speak to the head of the Department as those guys usually are a notch smarter and understand sentences like "extended one year."

    Good luck.

    ROFL! LMAO!!!

    You could not have said it any better!

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