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meauxna

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  1. Like
    meauxna got a reaction from TBoneTX in Applying for Citizenship   
    I agree with Boiler and gag. You've done all the right things (except applying early, but that's an honest enough mistake) and will be a real pro now that it's your third time going over the form!
    Good luck & you'll be happy to know that most citizenship cases are being processed inside of 6 months now.
  2. Like
    meauxna got a reaction from malia0920 in IR1 / CR1 General Guides and Info   
    Hi euro,
    A Joint Sponsor completes an I-864 and selects the 'Joint Sponsor' option.
    The I-864A is for including the income of a Household Member.
    Splitting hairs: good
    Splitting ends: bad

  3. Like
    meauxna got a reaction from EM_Vandaveer in Received 10-year Green Card instead of 2-year Green Card   
    Not so. The burden is on you to follow the law, no matter what error the Service makes.
    http://www.uscis.gov/graphics/howdoi/remcond.htm
    Background
    A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.
    Your card is evidence, not the same as status. Under the law, you have conditions on your residency, no matter what your card says.
    The EAD and AP are no longer valid, even if they do arrive in the mail. There will be no refund, and there shouldn't be any complaining, either. They were insurance policies that you didn't need to collect on, whew.
  4. Haha
    meauxna got a reaction from ms.bluemargarita in Are you okay with your SO keeping old love letters from an ex?   
    Because they're too far away in the basement to bother with?
    (the letters, not the love of my life)
  5. Like
    meauxna got a reaction from heo luoi in General Info on Naturalization   
    USCIS Fact Sheets For Naturalization
    The multi-language Guide to Naturalization is a downloadable document to help you prepare for naturalization to US Citizenship. Everyone should read this through completely. Remember that form fees and mailing instructions change before the Guide or the forms. ALWAYS check the form download page at uscis.gov for up to date forms, fees and mailing instructions!
    A Guide to Naturalization
    General Naturalization Requirements
    Naturalization
    Naturalization: Waivers, Exceptions, and Special Cases
    Family Members of U.S. Citizens
    Spouses of U.S. Citizens
    Waiver for Spouses: 3 years instead of 5
    In general, if you have been a Permanent Resident for three years and have been married to and living in a valid marital union with the same U.S. citizen spouse for all three years AND you meet the other criteria (Residence and Physical Presence, Good Moral Character, Language etc), you are eligible for naturalization.
    So called "conditional residents" are Permanent Residents nonetheless.
    5. When does my time as a Permanent Resident begin?
    Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card). Click here to view a sample card.
    Physical Presence Is Important!
    "An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
    -has been lawfully admitted for permanent residence (see preceding section);
    -has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
    -has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
    -has resided within a state or district for at least three months"
    (for spouses of US Citizens filing under the "3 year" exception rule, change all "5 year" notes to 3 years)
    Note from me: From the day you become a Permanent Resident, start keeping track of ALL time spent out of the US, including dates and dates of travel. Keep this list in one place, where it is easy for you to get at, and it will make completing N-400 much, much easier! Especially good idea for Canadians who cross the border a lot. Everyone should save whatever travel documentation available should it be required.
    Fun!
    Study materials in many languages, Flash Cards and test questions:
    Civics and Citizenship Study Materials
    100 Sample U.S. History Questions with Answers
    These include the actual interview questions. Applicants should know all 100 questions, although a random 10 are selected and asked in the interview.
    "There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:"
    (see this page for more info)
    (I'm still looking for the new version of this page, if anyone has it)
    There are also special rules for children. Please see this page for Children's Citizenship information:
    Citizenship of Children
    See the links on the right side of the page.
    Info for Military Personnel and their families:
    Naturalization Information for Military Personnel
    A MUST read:
    Dual Citizenship FAQ
    Dual Nationality and
    United States Law
    by Rich Wales
    http://www.richw.org/dualcit/
    Read here before you swear:
    Oath of Allegiance for Naturalized Citizens
  6. Like
    meauxna got a reaction from JandEB in Arriving in America   
    Please feel free to add your initial POE experiences here, or advice for your fellow future travelers!
    These are some tips for arriving in the US with your Immigrant Visa and getting processed at Immigration.
    Visa in passport, go to the airport. Staffers there may want to examine the visa at check-in, so leave enough time. The airline staff must make sure that you have the appropriate visa for the US; your Immigrant Visa is appropriate.
    HINT: do not lock your luggage, or use TSA-approved locks, and if connecting in the US remember that your bags may be opened and hand searched/tossed. This is not unique to immigrants, but ours got trashed on our move back from Greece and several precious things were broken. When I came back from Asia just now, I came thru SFO--big enough airport for an xray machine and my bags were not disturbed, but not all have them. The TSA/Transportation Security Administration has tips and answers to your burning questions (Am I wearing the right shoes?) here: http://www.tsa.gov/public/
    On the flight, you do not need to complete an I-94 (white card) although the flight attendant may force one on you. Tell them that you are moving to the US and don't need one. You will need to complete a Customs declaration. Since you are immigrating, there is no duty on your belongings.
    Moving to the US & Bringing Your Stuff, US Customs Regs. for the move
    http://www.visajourney.com/forums/index.ph...c=17422&hl=
    When you get to the US you will be hand-carrying the Mysterious Brown Envelope that the Consulate gave you. DO NOT OPEN. It's just all your visa paperwork. As you enter the Immigration Hall, be holding the envelope out visible to the officers--if they see your immigrant paperwork they will direct you to the right line. Go to a visitor's line, unless otherwise directed by an officer. At the first desk, they will take the envelope away and (usually) direct you to Secondary Inspection. Officers here may be armed, do not be alarmed. Take a number (like the bakery) if it's an option and wait. Usually the whole thing takes 15 minutes, but there may be others ahead of him.
    In Secondary, info will be entered into the computer and a few random questions may come out (how long married, where are you going etc). You may want to confirm your US mailing address here. You'll give a fingerprint and autograph (for the Green Card) and the visa in your passport will be stamped aka endorsed. This endorsement is the equivilant of your Green Card and serves as evidence of your status as a Permanent Resident. You can travel with this stamp as a Permanent Resident until you get your Green Card. Hopefully someone will tell you "Welcome to America" as they give you instructions about removing conditions in 2 years (ideally & if applicable).
    You are now a Permanent Resident! The Green Card and Social Security card will be mailed to you within 4 weeks. Until you get the Green Card, the endorsed visa is EXACTLY THE SAME THING.
    If you have not received your Green Card after 4 weeks, you may as well follow up on it right away---usually nothing else will happen otherwise. Make an InfoPass appointment with your District Office (find it at uscis.gov) and take your passport down. New immigrant's cards are all produced in Texas, so your envelope will have the Texas Service Center return address on it no matter where you live (I was told this by an officer at our DO).
    As you leave Immigration, you will need to collect your luggage and clear Customs. There is no duty for your used, personal belongings. Get waved through, welcomed to America and if you are connecting to another flight, look for a baggage belt and airport/airline personnel right outside of Customs. You put your luggage on the belt here and it will be taken to your next flight. You can then run or amble to your connection. If this is your final destination, have a great day, and thanks for entering America.
    Social Security card note: If you applied for a Social Security card via form DS-230 II, you should be automagically issued a number and have a card mailed to you. If you do NOT receive your card within three (3) weeks of entry, you should go to your SSA office and apply anew with form SS-5. If you apply before this and have ticked the 'yes' box on DS-230, you may wind up with two SS#s. Yes, this procedure has worked successfully for the majority of people. True, it sometimes does not work. Please see the Social Security Guide here at VJ for more information: http://www.visajourney.com/forums/index.ph...om&page=ssn
    Others' reports:
    http://www.visajourney.com/forums2/index.p...c=16291&hl=
    Ellie/half-pint:
    Ashleigh-Au was not taken to Secondary Inspection:
    Robert&Leia reported a special process in SFO in March 2005:
    prydwyn/Dennis and Leigh contribute another approach:
    Please pay it forward and post your POE story once you are here! This is a stressful step for some folks, and not everyone has the benefit of traveling with their USC spouse. Your words of wisdom about this important, but low key event will be appreciated by many!
    ANYONE using an Immigrant Visa can post to this thread! CR-1 & IR-1 visa folk, that is YOU!
    Note: If you have been married for less than 2 years when you enter the US, your Permanent Resident status has “conditions”. A CR-1 PR is no less a PR than anyone else, but they do have an additional step to take 2 years after they enter the US. Please see the Guides for Removal of Conditions (form I-751) and the pinned thread at the top of the Removing Conditions Forum here at VJ: http://www.visajourney.com/forums/index.php?showtopic=310.
    I recommend the following reads to anyone who is becoming a Permanent Resident, so you can better understand your rights and responsibilities.
    Now That You Are A Permanent Resident
    How Do I Remove the Conditions on Permanent Residence Based on Marriage?
    Welcome to the United States: A Guide for New Immigrants
  7. Like
    meauxna got a reaction from lmatos1978 in Green card extension letter not enough for new job   
    It's not clear if the NOA would fall under the reciept rule. An argument could probably be made either way. However, there is this, which supports them not accepting the unexpired card (even though the form instructions do not stipulate an unexpired I-551 card).
    About Form I-9, Employment Eligibility Verification
    "“GREEN CARDS”
    The terms Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card, and Form I-551 all refer to documentation issued to an alien who has been granted permanent residence in the U.S.. Once granted, this status is permanent. However, the document that an alien carries as proof of this status may expire. Starting with the “pink” version of the Resident Alien Card (the “white” version does not bear an expiration date), and including the new technology Permanent Resident Cards, these documents are valid for either two years (conditional residents) or ten years (permanent residents). When these cards expire, the alien cardholders must obtain new cards. An expired card cannot be used to satisfy Form I-9 requirements for new employment. Expiration dates do not affect current employment, since employers are neither required nor permitted to re-verify the employment authorization of aliens who have presented one of these cards to satisfy I-9 requirements (this is true for conditional residents as well as permanent residents). Note: Even if unexpired, “green cards” must appear genuine and establish identity of the cardholder."
    Form I-9 does make clear (and the regs support this)
    Employers are not permitted to request more or different documents than are required or to refuse that reasonably appear to be genuine and to relate to the individual presenting the document.
    If you feel wronged, you may contact this group:
    Office of Special Counsel for Immigration Related Unfair Employment Practices
    http://www.usdoj.gov/crt/osc/
    http://www.usdoj.gov/crt/osc/htm/facts.htm#docs
    Q. How can employers get up-to-date and accurate information?
    A. OSC has a toll-free automated telephone hotline for employers: 1-800-255-8155 (1-800-362-2735 (TDD). Information is available 24 hours a day and features easy-to-follow prompts to receive prerecorded answers to common questions asked by employers.
    The hotline offers callers taped information on four key subjects:
    Tips on avoiding immigration-related discrimination when completing the I-9 Form;
    Information on how to avoid immigration-related discrimination in hiring practices;
    The penalties for employment discrimination; and
    The acceptable documents that establish identity and work eligibility.
    Callers who need additional information will be able to speak with an OSC representative from 9 a.m. to 5 p.m., Eastern Standard Time/Eastern Daylight Time. The hotline's Fax-Back option provides callers with helpful written information. Callers can key in their fax machine number, and within minutes will receive by fax a copy of the list of documents acceptable for establishing identity and work eligibility and information on the INA's anti-discrimination provisions. OSC updates the telephone system's recorded and Fax-Back information to reflect changes to the list of acceptable documents.
    For more information, please contact:
    U.S. Department of Justice
    Civil Rights Division
    Office of Special Counsel for
    Immigration-Related Unfair Employment Practices
    950 Pennsylvania Avenue, N.W.
    Washington, D.C. 20530
    General Information: 1-800-255-7688
    1-800-237-2515 (TDD for hearing impaired)
    Automated Employer Hotline: 1-800-255-8155
    1-800-362-2735 (TDD for hearing impaired)
  8. Like
    meauxna got a reaction from finalempress in The RFE Master List   
    Awesome thread idea!
    Maybe we can put solutions in here as well? For example, instead of getting your forms and information from the Consulate sites, or VJ, or anywhere else, always check the uscis.gov site for the most up to date version of the form AND instructions, including fee amounts.
    This is one that has caught many people out. Forms take years to get changed (literally) but webpages can be updated quickly. Always double check at uscis.gov before sending any payment or form.
  9. Like
    meauxna got a reaction from car123 in General FAQ's for Removing Conditions   
    They changed.
    apparently now *some* people get a second NOA receipt number that can be individually tracked online. It's the one with a header CRI89 , CONDITIONAL RESIDENCE I-89 CARD RECEIVED AT SERVICE CENTER which leads ME to believe that that is the card order form, and this is a new entry in the process--we didn't get to hear about the card order before. Some folks are asked to send in their biometric info *before* approval, and they are the ones who get this email.
    You still can't check your initial submission number.
    Too much information, if you ask me.
  10. Like
    meauxna got a reaction from TracyTN in Death of USC spouse...I'm lost   
    My condolances for your loss, especially so early in your marriage.
    NO. You are a Permanent Resident until a judge says otherwise.
    NO, you do not have to (nor should you) wait until your normal 90 day window. See below.
    http://www.uscis.gov/files/form/i-751instr.pdf
    On page one of the instructions for I-751, the waiver of the joint filing provision covers your situation.
    It is not what the widow penalty is about (or the I-360, that post is incorrect). The I-360 would be in lieu of the I-130, which you've already had approved with your AOS. You need to document the bona fide nature of your marriage (ie that you entered the marriage in good faith, see instructions) and provide the death certificate as evidence of its conclusion.
    You may find it a good investment to have a lawyer guide you through this part if you plan on staying in the US and have so many other things on your mind right now. The fee should be fairly reasonable.
  11. Like
    meauxna got a reaction from elmcitymaven in Death of USC spouse...I'm lost   
    My condolances for your loss, especially so early in your marriage.
    NO. You are a Permanent Resident until a judge says otherwise.
    NO, you do not have to (nor should you) wait until your normal 90 day window. See below.
    http://www.uscis.gov/files/form/i-751instr.pdf
    On page one of the instructions for I-751, the waiver of the joint filing provision covers your situation.
    It is not what the widow penalty is about (or the I-360, that post is incorrect). The I-360 would be in lieu of the I-130, which you've already had approved with your AOS. You need to document the bona fide nature of your marriage (ie that you entered the marriage in good faith, see instructions) and provide the death certificate as evidence of its conclusion.
    You may find it a good investment to have a lawyer guide you through this part if you plan on staying in the US and have so many other things on your mind right now. The fee should be fairly reasonable.
  12. Downvote
    meauxna reacted to mark_12 in Absolutely Ridiculous..happended to anybody else?   
    11/4/09 - package arrive in vermont
    11/11/09 - received I 797C in mail (extension for a year)
    11/19/09 received letter for fingerprinting
    12/04/09 - FP appointment Done
    marriage certificate
    joint bank account statements
    rent leases
    pictures
    baby birthcertificate
    car insurance
    blue cross insurance
    tax return
    water, power , cable , phone & internet bill .
    ALL FILED JOINT AND NO UPDATE YET
  13. Like
    meauxna got a reaction from TracyTN in Absolutely Ridiculous..happended to anybody else?   
    Do you have any evidence for this theory? I've just never heard it put quite so vehemently before.
    Adding each other to accounts at this point doesn't really overcome any predjudice about comingling finances, does it?
    However, they can both send in copies of their bank statements, showing that they have the same permanent address. There are lots of other types of evidence that show they reside in the same place etc, share social ties together (we sent copies of our Costco cards) and have other kinds of commitments to each other.
    If they don't have the financial evidence, manufacturing it at this time might have the opposite effect as intended. However, there's a lot more they could show that people who do NOT live in relationship together wouldn't be able to pull together.
    OP, you should probably also re-send everything you've already sent. There was a post recently from someone with the same RFE here: http://britishexpats.com/forum/showthread.php?t=660678
  14. Like
    meauxna got a reaction from elmcitymaven in Absolutely Ridiculous..happended to anybody else?   
    Do you have any evidence for this theory? I've just never heard it put quite so vehemently before.
    Adding each other to accounts at this point doesn't really overcome any predjudice about comingling finances, does it?
    However, they can both send in copies of their bank statements, showing that they have the same permanent address. There are lots of other types of evidence that show they reside in the same place etc, share social ties together (we sent copies of our Costco cards) and have other kinds of commitments to each other.
    If they don't have the financial evidence, manufacturing it at this time might have the opposite effect as intended. However, there's a lot more they could show that people who do NOT live in relationship together wouldn't be able to pull together.
    OP, you should probably also re-send everything you've already sent. There was a post recently from someone with the same RFE here: http://britishexpats.com/forum/showthread.php?t=660678
  15. Downvote
    meauxna reacted to Sc0tt28 in AOS from a B2 Tourist Visa   
    Go ahead and keep living where you feel comfortable as long as it isn't here.
  16. Like
    meauxna reacted to DaniG in AOS from a B2 Tourist Visa   
    Ms. Dawn, maybe you should consult with a lawyer who would weigh the particular evidence in your case that shows your initial intent to return to HK when you entered the US on a tourist visa (such as hubby adjusting to a resident there, still paying rent or having property there, still having a job there, etc.) against the possibility of denial for supposedly misrepresenting your non-immigrant intent.
    I think a lawyer would be better able to judge how convincing it appears that you were intending to live permanently in HK but suddenly changed your mind when you came here than a forum full of people who know only that you got married before you came to the States. Still, what the others have pointed out is a real possibility, so act carefully.
  17. Like
    meauxna reacted to john_and_marlene in Help-Fiance had to returm Home   
    Will your fiancee be able to resolve her family emergency, return to the U.S. and get married before May 24?
    If so, she can ask the consulate to revalidate the K-1 for another entry. However, you will not get an new 90 day period to get married. You will have 90 days from the original entry and the new I-94 will reflect the balance of that original 90 days. She will need to request the revalidation in time to travel back to the U.S. before May 24.
  18. Downvote
    meauxna reacted to Neonred in Help-Fiance had to returm Home   
    Start another K-1. Should be easy now that you have copies of all the paperwork.
  19. Like
    meauxna reacted to Otto in Help-Fiance had to returm Home   
    There may be the possibility of her visa being reaffirmed/revalidated by the Embassy/Consulate. It is at their discretion of course but is possible (documentation of the emergency would be pretty important I would think).
    ** Topic may be better suited in "US Embassy/Consulate Discussion" (rather than K-1); moving thread there.
  20. Like
    meauxna reacted to I'm Gone in The new reputation system   
    So far it's a bust, I'm still waiting for my first attaboy positive point.
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