lovinglive

17 hours ago, OldUser said:

There's two things to consider: maintaining LPR status and spending enough time in the US for naturalization purposes.

 

When you spend 6 months or more overseas, you break continuous residence requirement for naturalization purposes. This means, you should count 3 or 5 years (whichever applies) from the date you entered the US after last 6+ months trip, not from date on green card (Resident Since date).

 

When you spend over a year outside of US, CBP may think you abandoned LPR status altogether. 

 

If you need to remain ouside of the US for a year or two, you need to get a re-entry permit (I-131) so LPR status is not lost.

Hi, thank you very much for your reply.  I think we would like to maintain the continuous residence for naturalization purposes.  So in that case, we should not spend more than 6 months outside the US  (and it would seem that a fair amount less than 6 would be safer?)

Regarding the re-entry permit, I am looking for work both in the US and overseas, so we may need a re-entry permit.  I assume she has to apply for this while she is in the US, right?

14 hours ago, Mike E said:

Things  that your LPR status at risk:
 

1. Over 180 consecutive days abroad

 

2. Spending more time abroad than inside the USA.  To be safe:

 

* before going a trip abroad of N days, spend N+1 consecutive days in the USA

 

* after returning from a trip abroad that lasted M days, don’t leave the USA until you have a accrued M+1 consecutive days in the USA. 

Given the pattern of travel to date, a 3 month trip abroad is fine. 

Thanks, that's very clear and helpful.  In my wife's case, she has been in the US now nearly a year, but most of that was on her visa.  It's only been about 4 months since we applied for AOS.  So in your view, in that case, would the N +1 consecutive days more be applied to the total length of time she has been here in the US, or just the time since we applied for AOS?    

My wife received her green card about a month ago, and it's been a long time since she's seen her family, so we are looking at traveling outside the US for a while.  We are considering like three months.

I've seen some discussions on here previously about how long someone can stay outside the country while they are a permanent resident.  I seem to remember that people say that you should be in the US for 6 months out of 12.

Can forum members confirm this?  Is it 6 months out of a calendar year or 6 months out of a consecutive 12 month period?  We don't want to take chances at this point.  I'm also not sure if the fact that her green card was recently granted makes any difference.

Thank you in advance for your information.  

7 hours ago, Roman_88 said:

Hi everyone!

Could somebody clarify one interesting moment for me.

Here is my story: I'm a lawful student and married on USC. We sent a whole pack to USCIS, all forms are in reviewing process, and recently received EAD card.

A question is: should I still keep my status up? Or I no longer need to attend my ESL school? 

 

 

Thank you in advance for any input!

 

From my understanding, once you received your NOA1 I-797 acknowledging your I-485, you are within status and no longer need the student visa status.  

You did file an I-485, correct?

On 10/29/2022 at 2:35 PM, lopezkoa said:

 

I didn't file 864A, only 864.

 

Part 6, line 7 "My current individual income is = 36,601"

Part 6, line 24.a. Most Recent Tax Year 2021 Total Income = $39,673" (AGI 5107 + SSI 34,566)

Part 7, line 1 N/A

Part 7, line 2 Net cash value of real-estate holdings = 600,000

Part 7, line 3 Net cash value of IRA (stocks bonds) = 300,000

Total value of Assets = 900,000

 

Household size of 3= 28,787

 

RFE says Acceptable evidence of assets would be "Evidence of ownership, any mortgage/lien of any real estate and dates acquired" and "Assets must equal 3 times the difference for a spouse or child of a United States citizen" if USCIS is set on accepting their 2021 AGI of 5,107, then the remaining difference is 23,680 x 3 = 71,040 in assets. 

 

Documentation included:

1040 Federal income tax return  (1099s and Tax Return Transcripts from 2019, 2020, 2021)

Social Security Benefits for 2022 showing 125% of the federal poverty guideline for household size of 3

2022 Real Property Notice of Assessment

Mortgage statement showing current balance

IRA statement

 

with these documents, this sponsor has more than enough evidence to qualify, wouldn't you agree?

 

Based on what you reported here, yes, I agree that your sponsor has more than enough income to qualify.

Am not familiar with an IRA but perhaps the Immigration Officer also thinks that the IRA is not liquid?  

Or perhaps you have just been unlucky in this instance.  It seems like you can re-submit the same evidence or you can find another sponsor, or you could find a job to cover the income requirement yourself.  It seems like your judgement call.

On 10/24/2022 at 7:56 PM, JERICHO J said:

 

Lawyers have a way of making you feel insecure and that you have a problem, in order to make you think you need their services.

On 10/25/2022 at 9:05 PM, Melania said:

Hi Everyone, 

 

I am writing to inquire about applying for AOS from ESTA. I am a citizen and my husband was visiting me on ESTA, our circumstances has changed and we figured it would be better if we just adjusted status while he is here on esta. I read somewhere about the 90 days rule (where you wait for the esta to expire and as soon as it does you file the paperwork) but on this forum I read that this is not true. Which one is it then? I know that AOS is a long process and would rather file ASAP, but then i don't want to be greedy and apply "too soon". 

 

Apparently there used to be a 90 days rule but it has been removed from the policies.

In my view the risk of filing too early is that it appears that your husband misled CBP about their intentions when entering the US.

It's important to confirm that you filed 864 and not 864A for this sponsor (but based on your comments it seems you filed 864).

It's not clear to me whether USCIS considers the amount you entered in Part 6, line 7, which you said you put 39,673, or whether they consider AGI.  I would bet that it is the amount on Part 6, line 7.

Also, you say you listed your sponsor's real estate assets, but USCIS may consider that is not liquid and so it can't be used to support your household of three.  Did you list the IRA as assets?

I would say the only safe way to proceed would be to get another sponsor.

6 minutes ago, Dantrolene said:

Great to know. She is living between both Washington and Michigan. Can biometric be done anywhere? Or has it to be same uscis office we filed at ?   I hope it's convenient to attend at any office for biometric.  

 

For the interview depends on where she is, it's okay if she traveled to it once. 

The biometrics will be scheduled at a specific office that is linked to the address you use when you file.  Most of the forms ask for both a physical address and mailing address (which for most people would be the same).  In our case, my wife was invited for biometrics at our mailing address.

If you are in Michigan most of the time, if your mother's I-130 was already approved, I can't see any advantage to staying with the Washington address.  Your new forms will be a new process and I don't see how changing the address will make any difference.

Did you file form 864 or 864 A for this sponsor?

If 864, what did you put for Part 6, line 7?

33 minutes ago, Dantrolene said:

Will do. So my mom's I-130 got approved while she was overseas and I was at old address in Washington. Now we are In Michigan and want to about to apply for AOS in few days.  We still have family home in Washington.  So, Is it better to stick with Washington address or request to move the case to Michigan ?  We got the medical examination done in Washington.  Processing time is faster in Michigan.  My understanding is that I need to fill a form to request address change if I'd like to, so can I send that form via mail too with AOS package or that form can be filed online ?

 

As previously, location of medical exam doesn't matter.  Is there any advantage to staying with Washington?  Do you intend to return there?

As Old User said, she will need to appear for biometrics, and if there is no one to receive your mail you will have problems sticking with Washington.

In my wife's case, USCIS sent everything to our "mailing address", while we were actually at a different "physical address".  I decided not to change it to avoid any delays.

I believe address can be changed online.   

16 hours ago, JohnnyForeigner said:

Amazingly fast.

 

I filed in April 2022. Did biometrics in May.

 

Nothing since !

Hope you will get it soon!

On 10/23/2022 at 8:46 PM, Chancy said:

*** Moved from AOS from Work/Student/Tourist Visas forum to AOS Progress Reports ***

 

 

Congratulations!

 

Thanks for all your help!

11 hours ago, OldUser said:

Got it. Just to be clear, the USCIS would want proof of you living together and sharing finances at removal of conditions stage (I-751).

They'd want evidence for the time between you married and she became the resident to the date of her I-751 filing.

It would not be enough to submit one or two joint bank statments dated a month or two prior to filing I-751. You need a lot of samples for the past 2 years at that stage.

Hence my suggestions not to kick the can down the road and start collecting / establishing the evidence starting today.

OK, thanks, no problems.  But the subject of this thread is how to prove address for the purposes of getting a driver's license.

The problem is that most of our mail has come to a "mailing address" (as seen in USCIS forms), while we are actually at a different "physical address".  Which is where we need to get a learner's permit.

5 hours ago, OldUser said:

I don't know what your wife's immigration status, but you need to accumulate quite a bit of evidence of marital life with address on it for various applications such as I-485, I-751, N-400 (if any applies) So better start early than late. Open those joint accounts, start paying at least mobile phone bills, have pay stubs, insurance etc in this address.

Hi OldUser, I just announced to the forum that my wife was recently approved for her green card.  So we're in the clear for a while and the next step is to file the I-751 (albeit a long time from now.)

At this point it would be good for her to get her driver's license, so the origin of this post.  

The issue is that on the USCIS forms we had a "mailing address" and a "physical address". Most of the mail is going to the mailing address but we need to get a learner's permit at the physical address.  That's why we don't have all of the documents with the right address on them.

Recently my wife and I found out that our AOS application was approved, and a short time later we received the permanent resident status card in the mail.   

Thank you to everyone on this forum for all the help you provided in the form of advice,  as a result we were able to submit a solid application and get approved in good time.

Looking forward to less stress in our life for the next few years.

22 minutes ago, Kanja said:

It’s hard to say without knowing state. For example in New York you just fill out an Afadavit attesting to your state, in New Jersey even a sublet lease is fine even if it says $0 , but usually anything’s from DHS, bank statements work. Even if you are staying with friends or family they can always call a cable or gas company and ask them to add someone’s name to the bill, it usually isn’t a big deal. You can then use that as proof of address.

Yeah, I thought about changing one of the utility bills into my wife's name- it hardly makes any difference as long as it is being paid.  

We can definitely get a bank account, that should be easy.  They also said credit card statement, but I'm not sure how difficult it is for someone with no credit history or even history of living in the US to get a credit card?

It seems our state is harder than some other states- they said a signed and notarized letter is not sufficient and I think they also don't accept rental contracts.

1 hour ago, OldUser said:

Hi @lovinglive which state are you in? Is this a matter of bringing two documents for proof, not just one? E.g. utility bill / medical bill and bank statement both showing address and name.

Yes, we need two documents, not just one.  We are living with one of my family members so actually none of these documents like utility bill or rental contact are in my name or her name.

Hello forum, 

My wife needs to be able to drive in order to enjoy life here more, and she also needs to improve her driving skills before she takes the test.  So we want to get a learner's permit. 

It's a bit complicated to explain, but we are having difficulty proving her street address to get the temporary permit.  We could open a bank account and that would enable her to get a monthly statement showing our address. 

Also, our state lists one document- I-797 case type on N-565 (application to replace a naturalization/citizenship document).  

We do have an I-797 for Advanced Parole, and wondering if that may work?  I'm not sure if the BMV office would recognize the difference between an I-797 for N-565 and I-797 for advanced parole?

Does anyone have any experience with this issue and how to resolve it?  

Thanks for your thoughts.

19 hours ago, Alex Alexander said:

I have competed my immigration package thanks to friends here:

 

Now for those of you who applied for concurrent immigration on mail how did you send it. 

Did you staple all of them, made different sections for them ? Send one copy of all of multiple copies of them all. 

Also would you prefer the credit card form over check ? 

 

This last part of mailing is driving me crazy

My Package includes 
I-130
I-485
I-765
I-132
I-864
I-864 for joint sponser
G-1145
G-1140
I-693
Letter for expedition based on financial hardship.

I recommend you to file I-130 online- it's much easier.

For the forms that have to be mailed you can use large paper clips for each packet.  You can put them in order of priority.  I-485 should be on top.  Many people recommend a cover letter for each packet.

If you search this forum many people posted their lists of forms and supporting documents.

My wife received her EAD about two months after we applied for AOS, and it would have been even faster if it hadn't been returned in the mail.  

12 hours ago, Jorgedig said:

It could be considered at any point during the processing.

 

Like I said, it is based on the totality of circumstances.  No one can predict how your particular case will be adjudicated.  Assets and joint sponsor are positives. Being unemployed and needing to make use of medicaid are negatives.

 

 

 

Thank you for your reply.  That's helpful.  How would an IO know that our child is benefitting from Medicaid (other than asking us)?

On 9/23/2022 at 11:40 PM, Jorgedig said:

The IO can consider the totality of circumstances when evaluating an immigrant's risk of becoming a public charge.  The unemployment rate is at a record low.   They may wonder why you don't get a job with health insurance to provide for your family.

 

 

Thank you for your reply!  As I have provided evidence to USCIS about assets that meet the minimum requirements, and also have a sponsor on top of that, in addition to income earlier this year, do you still think that they will consider this to be a risk?

When you mention the IO, do you mean they will be considering it at the time of the interview or during the administrative process (i.e. now while they are reviewing our application)?

On 9/23/2022 at 12:39 AM, JKLSemicolon said:

I'm confused as to why you were living overseas when submitting an AOS package...but that aside, if you are now able to receive mail at the address on file with USCIS without any mail forwarding, then filing a change of address should not be needed. Did you confirm that the correct address was on file when you spoke to someone on the phone?

 

 

I wouldn't split hairs about the specific USPS service that is being used - the key is that certain documents from USCIS will not be forwarded.

 

Ideally your mailing address would be one that is eligible for Informed Delivery, which would help answer the most relevant questions you have above.

 

For what it's worth, I signed up for a mailbox at the UPS Store so that in order to have a consistent mailing address even if moving. However, in the end USCIS sent my wife's green card to our physical address. Although this was from an immigrant visa and not an adjustment of status, the point is that it is important to keep all addresses up to date.

Hi, thank you for your reply!

We were never able to get through the phone system but submitted an e-request and got a reply from USCIS in about a week.

It was a temporary forwarding and yes, we are still able to get mail at the address on file, so it seems better not to change it.  At least a few people have said that changing address can lead to delays.  We were able to sign up for informed delivery so that's good.

Good news is that we did receive my wife's EAD in the mail!  That was fairly straightforward.  A few notes for anyone in the future:

-Even though USCIS said in their correspondence that they use Signature Confirmation Restricted Delivery, it did not in fact require signature when it was delivered.

-When USCIS re-sent it, they did not send us a new tracking number.

14 hours ago, Lil bear said:

Correct. But if insufficient, your  current  income will trigger the need for a joint sponsor   

OK, thank you.  So, as I have a joint sponsor and also provided evidence of my assets, it should not be a problem?

8 hours ago, JeanneAdil said:

USCIS is no longer applying the August 2019 Public Charge Final Rule. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

 

From September 8,  2022 USCIS site

https://www.uscis.gov/public-charge

Hi, thank you Jeanne Adil for you reply.  So, does this mean that seeking medicaid for our child will not make a difference in adjudication of the AOS?