T and M

Thanks for the extra information. The passport stamp was her Green Card. It is the same thing. The fact that she never received her physical Green Card doesn't matter. The I-551 stamp and extensions, along with her A number, is evidence that she was residing in the US as a legal permanent resident.

That doesn't really make sense though, because the stamp in her passport wasn't valid after Feb 09, 2002.

It was explained to us that the stamp was only temporary until the physical GC arrived. Why else would the stamp have an expiration date?

I'm not arguing, I'm just a bit confused

I think I found the source of your confusion. It doesn't matter that her LPR expired in February 2002....you left the US in January 2002. For this reason, you can prove to immigration authorities that she did not break immigration law or let her LPR run out without extending it.

You are now applying for a new immigrant visa. As far as USCIS is concered, your wife is a British citizen, nothing more.

By the way, you should definitely try to take advantage of dual citizenship in the future. Spouses who live together in Britain or the US for around 3 years have the right to apply for citizenship. This will avoid this messy problem every time you guys move between the two countries.

In the US, you have to be a LPR for 3 years if you are married to a US citizen. In the UK, I think you have to have settled status (indefinite leave to remain) for 3 or 5 years or something like that.

Thanks for the extra information. The passport stamp was her Green Card. It is the same thing. The fact that she never received her physical Green Card doesn't matter. The I-551 stamp and extensions, along with her A number, is evidence that she was residing in the US as a legal permanent resident.

That doesn't really make sense though, because the stamp in her passport wasn't valid after Feb 09, 2002.

It was explained to us that the stamp was only temporary until the physical GC arrived. Why else would the stamp have an expiration date?

I'm not arguing, I'm just a bit confused

You are correct that the Stamp expired, but your extension covered you guys until you left the US.

For this reason, you should include a copy of both, if you have it. That shows that she had "legal permanent residency" during your entire stay in the US. If you do not have copies of these documents, at least you have her A number and a good record of dates. When you are applying for an immigrant visa, they are mostly concerned that you did not previously break immigration laws. From what you have told us, your wife didn't...she is fine.

There are cases of people who don't receive their physical green card for years. They continue making Infopass appointments and getting one-year extensions. These extension letters serve as temporary Green Cards for re-entering the states, and - in your case - proving legal permanent residence during a previous period of living in the US.

essentially same day service is available. it all depends on what you are willing to pay for that service.

This is just an update for information as I was posted the original question!

I applied for US citizenship with a 319(B) - my interview/oath ceremony (same day in Newark) was in October and I wanted to return home as soon as possible so was curious about how quickly I could get my US passport.

I had my US passport the day after my interview/oath ceremony and was set to fly home by following these steps:

1. Based on the day of my interview/oath ceremony (ie. Oct 23) I wanted to get my passport on Oct 24th. I called the US passport agency 14 days prior to the 24th to schedule an appt. I took the first appt of the day which was 7:30am so that I wouldn't get caught in any backlog.

2. I passed my test/interview had my oath ceremony and received my certificate on the 23rd. Showed up at the US passport agency on the 24th at 7:30am. I was the first person through - filled out the application form, showed my proff of travel within the 14 day rqmt, paid $65 or $75, was given a receipt and was told to come back at 10am.

3. I arrived a little earlier and at 9:45am I had my passport. It was a very quick and painless process!!

Wow.

That's fantastic. Where can I find one of the "passport agencies"? I assume we are not talking about the post office, where we were planning on turning in my wife's forms.

Also, is this just for newly-naturalized individuals or do you think we get one that quickly for our newborn as well?

My husband's US Citizenship interview/test/Oath Ceremony was on Nov. 6. We sent his US passport application off the next day. His new US passport arrived in yesterday's mail. 6 working days. Amazing.

Our Visa Journey is now complete.

That's great news. There seem to be so many ways to get a passport, but 6 working days is fantastic. How did you do it? Did it take a visit to the post office? Did you pay expedited? Or the regular fee? Which forms did you include and to what address did you post it? I think we will follow you lead as we would like to travel a couple of weeks after my wife's oath ceremony.

thanks and congrats!!! I can't wait for our journey to be over!

Thanks Guys, thats a lot of very helpful information.

i believe the best course of action is to travel to the US before christmas, spend the holidays with the family and maybe i would receive my green card before having to leave!

I like the idea of the N-470 but i am not sure how long would that take to get approval and besides the fact that my wife doesnt work for USAID, she is not a government employee, she works for a private sector NGO that is a USAID contractor, 3 year project in Egypt. I believe she falls under the american company involved in foreign trade development ......

how long would i need to stay to make sure i recieve my green card? i already have a bank account in the US, i used to live there between 2002 and 2004 for Grad school, what else to prove residency? getting my drivers license? any other ideas?

cheers for now.

Mo

My wife and I just went through this. Basically, depending on the State, you may have to have a Social Security Number to get a drivers license. This should arrive at your US residence with a week or two if you checked the section on the DS-230 form asking that a SSN be automatically generated. If not, you can go by the local Social Security office and apply for a number, which should take a couple of weeks max. It's great that you have a US bank account, but it would be better if it were a joint account. This is optional. My wife's Green Card and Social Security Card arrived about 3-4 weeks after we entered the states. Since we left after only 10 days, however, my mother sent them to us. Remember, until the Green Card arrives (which can take months), you use your endorsed CR-1 visa as your Green Card. This includes getting a drivers license in most states, re-entering the US after short trips abroad, and - probably - applying for naturalization under 319b.

Now, your 319b application will need to include a letter from your wife's employer. If it is an Egyptian NGO that could cause a problem. The application requires information on the US state where the company is incorporated. It also has to be a company with over 50% US ownership (US citizen ownership). All this said, if she works for a local NGO that is on a USAID contract, you should get her to get a copy of the USAID contract and include that in your 319b application.

I tend to agree that N-470 might be more trouble that it is worth. The most important thing is that you do not stay gone too long and that you have available documentation demonstrating that your residence in Egypt is temporary in nature. Appropriate documentation would include a letter from your wife's employer stating that her assignment is temporary, that you guys are not looking to establish residence in any country other than the US, and that you will be moving back as soon as the assignment is over with.

Either way, you should probably file the 319b after you get back from Christmas, and plan to continue traveling back to the US every 160-170 days just in case. Come to think of it, the N-470 might be a good fallback in case your 319b application is delayed. It might be cheaper than continuing to fly back every 160-170 days.

There is also the possibility of obtaining a re-entry permit, which allows a US permanent resident to leave the US for up to 2 years without losing their PR status. The difference between this and the N-470 is that the latter allows you to count the time you spend abroad toward the residency requirement for US citizenship.

So complicated, but that's what we get for wanting to live and marry internationally.

P.S. Please check all of this. We might be making mistakes, and I would hate to drag someone else down with us!

Hi again!

my wife is US citizen. Now she lives with me in Italy, and she's getting her italian "green card", which btw is a requirement for filinf for dcf in italy.

next year she will start her master program here which lasts 2 years. 2009-2011. In 2010 then though, I will start my MBA in the US. She will accompany me to the US in order to validate my GC, but then she will leave the US right away to finish her studies; after another year, in 2011, she would join me back in the US to live together.

Assuming I enter the US in May 2010, I will have to renew my GC by May 2012. She will move back to the US by Nov. 2011 at max. Is that enough time?

It definitely does not matter if your wife is living in Italy while you are in the States. Just make sure you document everything...that she is there for a limited time, that she will be re-joining you in the summer/fall of 2011. You should also keep records of all your conversations. You don't actually have to live with your wife. You just have to show that you have a bona fide relationship....and that you continue living in a legitimate marriage....I mean, the longer you live apart the more problems this will cause for you, but these problems can be mitigated by careful bookkeeping.

I also recommend you make all property and bank accounts joint property of the two of you. That has been known in the past to mitigate against snooping questions by immigration officers. My PR wife and I (USC) travel all over the world with my work and research, and sometimes are out of the states for close to six months at the time. That's why we put everything...all our property and accounts in joint ownership, we renew her drivers license etc, and we hopefully (fingers crossed) will have no problems.

Bottom line, you have to stay in the US, she doesn't. If you leave the US, you have to document why and not be gone too long.

Unless of course your wife is abroad on orders from a US company, US government, or a US university or research institution. In which case you can join her and live abroad as long as she is doing business for a US entity. You might even be able to apply earlier. Will her host be a US institution? Or will her studies be funded by a US body? This is very important as it can make things even easier for you. Either way, you appear to be fine with what you are trying to do.

Hi again,

just another question! If my wife leaves Italy AFTER filing for my green card through DCF. will it still be ok? I mean, she doesn't have to remain in Italy after filing, right?

thanks!

The only thing you should be careful about is that they might not give you a CR-1 if she is not there to be interviewed. Depending on your situation, they might want to see her. Or at the very least you will need to bring all your phone records and emails while you guys aren't living together. Remember the DCF process is proving you guys have a "bona fide" relationship. This can require serious documentation, especially if - like my wife and I - you were married recently, you married soon after meeting, or you lived in separate countries for some period of your engagement/marriage.

Come to think of it, not only did I have to appear at the US embassy in London with my wife to go through a rigorous interview process to ensure our relationship was "bona fide," but I had to accompany her to her visa interview, at which point I had to show that I was re-establishing residency in the US, show my drivers license and US bank accounts.

I think your wife could do most of this from the states, and apparently your English is good enough to go through the process alone, so maybe it will be fine.

No no no... I was asking something different (I think I didn't explain well, sorry).

AFTER we get my GC and we move to the US my wife (the US citizen) will move out the US to complete her studies. I (the petitioner) will have to stay in the US for about 1 year alone; is that ok? Will I have troubles when trying to remove condition on my CR-1 if we live only 2-3 months together before filing for removal of conditions?

thanks!

I am going to answer this on your other post.

Hi again,

just another question! If my wife leaves Italy AFTER filing for my green card through DCF. will it still be ok? I mean, she doesn't have to remain in Italy after filing, right?

thanks!

The only thing you should be careful about is that they might not give you a CR-1 if she is not there to be interviewed. Depending on your situation, they might want to see her. Or at the very least you will need to bring all your phone records and emails while you guys aren't living together. Remember the DCF process is proving you guys have a "bona fide" relationship. This can require serious documentation, especially if - like my wife and I - you were married recently, you married soon after meeting, or you lived in separate countries for some period of your engagement/marriage.

Come to think of it, not only did I have to appear at the US embassy in London with my wife to go through a rigorous interview process to ensure our relationship was "bona fide," but I had to accompany her to her visa interview, at which point I had to show that I was re-establishing residency in the US, show my drivers license and US bank accounts.

I think your wife could do most of this from the states, and apparently your English is good enough to go through the process alone, so maybe it will be fine.

But I (the immigrant) do not plan to leave the US after I ente! I'm onlh concerned that living only for 2-to-4 months (it depends on her schooling) together before applying for CR1 removal won't be enough.

Answers?

Is your wife in Italy with US institution or grant program? If so, many residency requirements can be waived.

Can you be more specific? You are moving to the US for an MBA with a US institution? What years? She is moving to Italy with US or Italian university? What years? Where do you live now with your wife? In Italy?

There is no requirement you live with your spouse. My wife and I lived in separate countries for several months. It is a good idea, though, to keep ALL of your phone records, emails, hotmail chats, gmail chats, etc. Make sure your gmail/hotmail account is set to keep records!!!!! I forgot to do this for one month, but they were merciful!

Do you mean that you never got her Green Card or that you never got her citizenship? You say she applied for her Green Card, but if she was on a fiancee visa, shouldn't she have applied for adjustment of status? Maybe that's what you mean.

After we got married in the states, we applied for her adjustment of status. After several years, my wife finally received a stamp in her passport "Processed for I-551 Temporary evidence of lawful admission for permanent residence valid until Feb 10 2001. Employment authorized." We were told that this would do until she received her physical GC.

However, her physical GC never arrived. After Feb 10, 2001 came and went, we went back to the INS office, where she received and got an extension of the I-551 stamp until Feb 09, 2002, and again we were told that a physical GC would be issued to us. That never arrived either.

At no time was my wife in the states illegally.

The more I review the I-130 and our own previous documents, I think that I will include her old Alien Registration number, from the file that was approved.

I mean, her application for permanent residency was approved once, that has to count for something, right?

Thanks for the extra information. The passport stamp was her Green Card. It is the same thing. The fact that she never received her physical Green Card doesn't matter. The I-551 stamp and extensions, along with her A number, is evidence that she was residing in the US as a legal permanent resident.

This means that in the application process, when you are asked to list your wife's trips to the US, you will include the 1995-2002 period, and explain that she was legally there as a permanent resident. Her stamp and extensions are proof of this, along with her A number.

Unfortunately, once you abandon US permanent residency, you become a foreigner just like everyone else. It's not a black mark, but it's not exactly like you get credit for time served. You will have to go through the immigrant visa process again; for you it will be IR-1 and should take between 5-6 months, Direct Consular Filing (DCF). But this time, you will not have to adjust her status after entering. Immediately upon entering, your wife will have US permanent residence. After three years, as long as she has been physically present in the US for 18 months, you guys should apply for her citizenship so that this unfortunate event doesn't happen again. Hope you got UK citizenship while you were over there.

I will not rest until my wife and I share each other's citizenship! Until then, we are not free!!!

Hello, I'm filling out the I-130 for my wife, we are looking to move back to the states next year!

Our full story is long and posted here, but here is a summary. I am a USC, my wife is British. We met in the UK in 1993, applied for a fiancee visa in June of 1994, got visa in Aug 1995 and got married in Sept 1995 in the US. We lived in the US (Los Angeles) from Aug 1995 to Jan 2002.

During that time my wife applied for her GC. As part of that process she received her SSN and her work permit.

After seven years, we made a decision to move back to the UK to help my wifes ailing father, the only person left alive in her family. We never did, however, receive her GC.

Now, after living in the UK for seven years, it's my parents who need our help, and we need to move back to the USA ASAP.

Now, regarding this I-130. There is a place where it asks "Has your relative ever been under immigration proceedings?" The answer is yes, however after that are only four boxes to tick afterwards; Removal, Exclusion/Deportion, Recission and Judicial Proceedings. None of those apply to our situation. Should we just leave it blank?

Also, should we include my wife's Alien Registration Number from that previous application onto this application, or would they supply a new one as this is a different application?

Many thanks in advance for your help!

Do you mean that you never got her Green Card or that you never got her citizenship? You say she applied for her Green Card, but if she was on a fiancee visa, shouldn't she have applied for adjustment of status? Maybe that's what you mean.

Anyway if you really mean that she never received her Green Card and that she was living illegally in the states all that time, you are likely to have trouble.

If you mean that she never applied for citizenship, then you are fine. She abandoned her permanent residency upon your move to the UK.

The question you are referring to appears to deal with immigration proceedings (ie, getting in trouble for breaking immigration law). From your story, it doesn't seem that your wife has ever been in trouble for breaking immigration law, in which case you would answer now.

Without knowing more info, however, it is tough to say.

Dear All,

I am very confused about filing in London as have been reading a loads of information floating online and some information is so contradictory that it is very scary - what to believe. I write this post to seek some help.

My situation:

US citizen, currently in the Uk on HSMP (highly skilled migration programme) visa since the Feb 2008 and my wife is an Indian citizen currently with me in the UK on HSMP dependant visa since the April 2008.

I working here since the March and my wife has started working in the Sept, we both live in a rented accomodation and have a joint bank account.

When I filed I-130 at the London office, it came back with a letter stating that as I have not been in the UK long enough, I will need to file the petition in the US.

How do I justify my residency status? I do not have any address in the US, as I was renting an appartment there.

Any help is much appreciated.

Cheers

That's weird. An HSMP visa is as long-term as you get! When did you file the I-130? Seems like after 6 months or so on a long-term visa like that would qualify.

I agree with Margot...did you send a copy of your UK visa with the entry stamp showing February 2008 (or even earlier if you have another visa from before)...when I applied I sent a copy of a newer visa, and the entry date was too recent. I had to send a copy of my old UK visa to show an earlier entry date.

Just out of curiosity, are you guys considering giving up your HSMP visa status? I was thinking of applying at some point, but I wasn't sure of the stipulations. If you leave the UK for a certain period of time, do you lose it? Or will it just not be renewed after the 2 year trail period is over?

Hi again, frali. I've noticed that you filed the I-130 in the US all the way back in early June this year. It would be unusual for a CR1 to take longer than a year from start to finish. Even if you file the I-130 in London before the end of this month and it only takes five months (which is pretty standard), you're only shaving off a month or a little more of time. Sometimes DCF in London can speed through in a little under four months, but that's only a couple months and a bit saved. I totally understand if that's worth it to you - just wanted to mention it.

You make a good point Margot. I know nothing about filing these things in the US, but our London DCF took almost six months. The I-130 petition usually takes 4 months, but you usually have to wait 6 weeks or so for the interview. I think DCF used to be MUCH quicker than filing in the US, but from what I have heard, the difference might have narrowed. If you filed 2-3 months back, it might do to wait. Do you think you will have to wait more than 5-6 months for your currently processing applications? If so, maybe it will be worth it. If not, I'm not sure.

As far as ILR and LLR, I applied for my wife from London with LLR...long term student visa....September 2006 until filing date in February 2008. They will definitely not charge you if you don't qualify. Its the first thing they check when you file the I-130. I actually had to send in more evidence that I had really been in the UK since September 2006.

Good luck!

Guys,

I just received my immigration visa (IR1) but have not yet entered the states to receive my green card. can i start the expedited 319b process now? my wife works for a contractor for USAID in Egypt and still has 2 more years to go. i believe it applies to us. I haven't found any info on whether i have to have my green card processed and received first or not!!

regards to all,

Mo

My first thought was of course you need to be a permanent resident. After reading through the legal documents, I'm not sure you have to. If you read the FAQ document on Section 319b, it says you have to follow the naturalization requirements of Section 316 and 319 of the INA, "except that no particular period of lawful permanent residence is required." It sounds like it's a question of terminology then. The word 'particular' indicates that you do need to be a permanent resident, but it doesn't matter how long. I'm not a lawyer. Anyone else have experience with legal terminology? I'd check with a lawyer if I were you because it seems vague to me. It makes me wonder if we could have skipped the time and money of applying for permanent residency.

Brilliant! You are exactly right. The A number is on my wife's CR-1 visa, although it isn't called an A number. It's called a "Registration number."

At POE, Atlanta, GA, July 2008, the officer endorsed my wife's CR-1 and wrote the registration number again, adding an A.

Still, the CR-1 visa says that it only serves as the temporary I-551 (temporary Green Card), once it is "endorsed." The trick would be, can you get it endorsed at the US embassy in Cairo given your spouse works for USAID? If you don't get it endorsed within 6 months, the CR-1 or IR-1 becomes invalid and you have to apply all over again to get US permanent residence. Since the N-400 naturalization process takes around 6 months, I wouldn't risk it.

Bottom line: if you fly to the US, you get the IR-1 endorsed which means you become a US permanent resident. NB: You don't begin your permanent residence period until you cross the POE.

I would bet that you have to enter the US before you begin the 319b process....but I also believe you don't have to stay for any set period of time. Theoretically, you could fly to the US, cross the POE, and then get on a plane back to Cairo an hour later. In practice, however, I would stay for a day or two just to keep from having flags raised. Remember, the IR-1/CR-1 process is only for spouses of US citizens who hold an intent to immigrant (ie establish permanent residence) in the US. If they find later that you did not have this intent, they could cause problems for your US permanent residence, without which you cannot apply US citizenship, according to all that I have read. Unfortunately it is a stepped process.

Also, after crossing a US point of entry, having your IR-1 endorsed, you may want to look into a form N-470, which allows you to leave the US again to join your spouse in Egypt, without risking the loss of your US permanent resident status that you have worked so hard to get and without which you can't apply for citizenship.

My wife and I did not do this, but we are also not planning on staying out of the US for more than 6 months. She got her PR in July 2008, we left in August 2008, and we are going back in January 2009.

As a USAID employee, I would definitely look into this Form N-470, just because it helps you maintain your PR status. Remember. PR status can be taken away! You aren't free to travel the world and take up employment wherever you want until you reach the next step!

Info on Form N-470

"Use Form N-470 to preserve your lawful permanent resident status for naturalization purposes.

Instructions

In certain limited situations, a person may be able to preserve residency, previously accumulated for naturalization purposes, even though he or she may be residing outside the United States for longer than one year. Thus the time spent abroad may be counted toward the residency requirement.

These cases involve persons employed in specific jobs in the United States government and private sector as well as religious organizations.

To obtain approval to preserve residency, such permanent residents must file a Form N-470 application before departing from the United States.

The regulations are different for religious workers proceeding abroad to perform religious duties. Religious workers may apply before or after departure, or after return to the United States. They are not required to have lived in the United States for a specific period of time prior to filing Form N-470.

Filing a Form N-470 does not relieve a permanent resident from obtaining a reentry permit, in advance of trips outside the United States for a year or more, nor does it relieve the applicant from the naturalization law's physical presence requirement."

Guys,

I just received my immigration visa (IR1) but have not yet entered the states to receive my green card. can i start the expedited 319b process now? my wife works for a contractor for USAID in Egypt and still has 2 more years to go. i believe it applies to us. I haven't found any info on whether i have to have my green card processed and received first or not!!

regards to all,

Mo

My first thought was of course you need to be a permanent resident. After reading through the legal documents, I'm not sure you have to. If you read the FAQ document on Section 319b, it says you have to follow the naturalization requirements of Section 316 and 319 of the INA, "except that no particular period of lawful permanent residence is required." It sounds like it's a question of terminology then. The word 'particular' indicates that you do need to be a permanent resident, but it doesn't matter how long. I'm not a lawyer. Anyone else have experience with legal terminology? I'd check with a lawyer if I were you because it seems vague to me. It makes me wonder if we could have skipped the time and money of applying for permanent residency.

Brilliant! You are exactly right. The A number is on my wife's CR-1 visa, although it isn't called an A number. It's called a "Registration number."

At POE, Atlanta, GA, July 2008, the officer endorsed my wife's CR-1 and wrote the registration number again, adding an A.

Still, the CR-1 visa says that it only serves as the temporary I-551 (temporary Green Card), once it is "endorsed." The trick would be, can you get it endorsed at the US embassy in Cairo given your spouse works for USAID? If you don't get it endorsed within 6 months, the CR-1 or IR-1 becomes invalid and you have to apply all over again to get US permanent residence. Since the N-400 naturalization process takes around 6 months, I wouldn't risk it.

Bottom line: if you fly to the US, you get the IR-1 endorsed which means you become a US permanent resident. NB: You don't begin your permanent residence period until you cross the POE.

I would bet that you have to enter the US before you begin the 319b process....but I also believe you don't have to stay for any set period of time. Theoretically, you could fly to the US, cross the POE, and then get on a plane back to Cairo an hour later. In practice, however, I would stay for a day or two just to keep from having flags raised. Remember, the IR-1/CR-1 process is only for spouses of US citizens who hold an intent to immigrant (ie establish permanent residence) in the US. If they find later that you did not have this intent, they could cause problems for your US permanent residence, without which you cannot apply US citizenship, according to all that I have read. Unfortunately it is a stepped process.

Guys,

I just received my immigration visa (IR1) but have not yet entered the states to receive my green card. can i start the expedited 319b process now? my wife works for a contractor for USAID in Egypt and still has 2 more years to go. i believe it applies to us. I haven't found any info on whether i have to have my green card processed and received first or not!!

regards to all,

Mo

Unfortunately, no. You have to be a US permanent resident to file for expedited naturalization. At present, you merely hold an immigrant visa. You have to now immigrate before the expiration date on your IR-1 (usually 6 months). I don't think there is any way to do this without physically entering US territory. At that point, you should probably set up residency in the states, which means establish a permanent US address (your wife's family home perhaps?), and maybe do a few administrative things like setting up a bank account or something. This last bit is optional, but it helps prove that you are really establishing a US "permanent residence."

Since your wife works for USAID, however, you will be well on your way to expedited citizenship, and will probably not be bothered about your residence. US immigration law is good to spouses of US govt employees. But you have to wait until after you receive your A number (immigrant number) to file under 319b. You will get your A number upon your entry on your US immigrant visa (IR-1). It will be on your I-551 stamp which serves are your temporary Green Card. You will then be able to file from Egypt, but you will have to fly back to US territory (including Hawaii or Guam, but I think NY would be closer to Egypt than either of those) for the interview and oath.

If you are trying to minimize your time in the states, I would fly to the region that will be your "permanent residence," return to Egypt, file for expedited naturalization, have someone send you your Green Card and Social Security Card when they arrive, and then return to the US for your interview.

One thing, expedited naturalization takes around 5-6 months, and you have to show that your spouse is on a contract that will last at least 12 months after that. This means you will have to show that she is on a contract with USAID for approximately 18 months past the date that you file.

If you fly to the US now, you could be filing for citizenship within the next couple of weeks! Ma-Salaama...

We live in Atlanta Ga and just received our first NOA after filing N-400 for my husband. I'm just wondering if anyone else here has any idea how long it takes in Georgia. When I checked the processing times it doesn't look too bad but also from experience realize that might not be accurate.

Debra

I just looked through the June and July filers and the two from Atlanta have the following timelines:

Filed NOA FP Interview Oath

royjmcclymont.....06/12........06/16......07/10.......10/29......10/29...Atlanta, GA (TSC)

atlanta123............07/10........07/14......08/08.......11/25..... ....xx/xx...Atlanta, GA (TSC)

So four and a half months looks like the norm at the moment.

Since we filed in late October, that puts us in early/mid March! Woo-hoo! (Fingers crossed, fingers crossed).

We live in Atlanta Ga and just received our first NOA after filing N-400 for my husband. I'm just wondering if anyone else here has any idea how long it takes in Georgia. When I checked the processing times it doesn't look too bad but also from experience realize that might not be accurate.

Debra

We just filed as well through Atlanta. What was your filing date?

I would ignore the website, since it is supposed to be wildly off the mark. It is probably better to look back through the monthly threads, "July filers," "June filers," etc, to see how other Atlanta filers have done. You should probably also join your month's thread so that you can keep up with progress of others who have filed at the same time!

I have heard something about 5-6 months. Not sure if there is any truth to that.

Did your NOA say your case had been transferred to the NBC and that they would contact you within 450 days or something like that? That's what we got.

another thing, is it possible foe me to become a dual citizen of the US and the UK?

It's not just possible; it's recommended. By obtaining the citizenship of your spouse's country, you have full rights to live with each other in the country of your choice. Your husband should work towards UK citizenship as well.

Very few countries will take away your citizenship when you obtain a new one. And the number is dropping rapidly. The rule is that you must present yourself as a citizen of that country if, indeed, you are. No entering the US on your UK passport after you obtain US citizenship and no entering the UK on your US passport once your husband obtains his UK citizenship.

You can have as many citizenships as you want, assuming you meet the requirement of that country and stay out of the armed services of every country!

Bio appointment letter rec'd!

UserName........ Sent.............NOA1........Biometrics....Interview....Oath....Office

Avvypudge.......10/10/08.....10/30/08....11/21/08...........................VSC/Newark

bgbirl..........10/10/08..........10/20/08....11/13/08...........................CSC (NBC transfer)/

thea............10/11/08.........10/24/08....11/28/08....................VSC (NBC transfer)/Washington DC

TX101...........10/15/08........10/24/08....11/03/08...........................TSC/

AJ................10/15/08.........10/30/08....12/09/08...........................VSC (NBC transfer)

Dima............10/23/08.........11/7/08....................................

Thomas F........10/23/08......11/3/08......xx/xx/08....................TSC (NBC transfer)/Atlanta

tmman...........10/23/08.......11/12/08....11/29/08...........................

kokobearus......10/27/08..................................................

Congrats AJ! Moving right along! Let's get those interview letters now!!!!

thanks for the replys, do you know if filing the spousal visa is as long a process as the i29f? plus what is the official name of the spousal visa form? and you can file that from the UK?

Actually,if you file from the UK (using a process known on VJ as Direct Consular Filing or DCF) the timeline is generally about 4-6 months. You will need to file an I-130 and G-325a's at first instance with London. It is fairly straightforward, and as said above will result in an IR-1 visa, and eventually another 10-year GC.

Info is on the London Embassy website: http://london.usembassy.gov/dhs/uscis/i130filing.html.

thankyou for the info, out of intrest do i have to turn in my greencard when we decide to leave? plus say if hubby and i come visit on vacation will i have problems with US customs?

Yes, DCF from London currently takes around 5-6 months. 4 months to have the I-130 petition approved and a month or two of waiting for the IR-1 or CR-1 interview. The main thing is the cost. The I-130 is $355 to file and the IR-1 visa costs another $400 or so.

Speaking as someone who has Bolivian permanent residence, I can't leave for more than 90 days without permission. So other countries have similar rules. You aren't "free" until you get citizenship, which I firmly recommend that you file for now.

You don't actually have to be in the US when you file for citizenship, you just have to come back for your interview, and show that you haven't abandoned your residency. Why not file as soon as possible (how long do you lack before the 3 years?) and when your husband moves to the UK, you go with him, but maintain all your US accounts, an address in the US, continue filing taxes, renewing your drivers license etc. Don't sell your property or do ANYTHING. Continue coming back to the US every 5 and a half months, never buy fights originating in the UK....basically, maintain your residence in the US while your citizenship is processed. You will be glad you did.

The other option involves what your husband is doing in the UK. Will he be working for a US company or the US goverment? If this is the case, you can file for citizenship from abroad.

Not sure about surrendering your green card. I would check with an attorney about that. Technically, I think you can try to re-enter as a US permanent residence, but will probably be denied entry, especially if it has been over 6 months and you can't prove that you maintain US residency. At that point, you would probably have to enter on the VWP as a tourist, giving you 90 days in the country.

Unless your husband will be working for a US company in the UK, I say maintain your US residence at all costs and apply for citizenship as soon as you can. Fly back and forth as much as possible. You will thank yourself when you get your US passport and you and hubby will never be separated again due to your nationalities.

N-400 sent on 10/15, rec'd at VSC on 10/16. NOA rec'd on 10/30. Notice date 10/25. The NOA says the app has been sent to the NBC.

Online status works but appears to be wrong (says app is still at VSC).

Thomas, here are my details.

And yes, I realize you're right about the wait not being too long just yet. We've all been at this long enough to knwo that. And yet, the irrational side of me can't help but be pissed. I want this done now. All of it!

Being shuffled backwards in the line is definitely something that justifies a bit of anger. Which is why none of us will be truly "free" until we/our spouses get citizenship. We are all in the final stretch though, which is hard to believe!

Hopefully you will hear something very soon and be back on track! Hope you don't mind me adding you to the list. Seems like a small group, which may be a good thing....and it also looks like the VSC ones are coming in a bit slower at the moment. Thea, who filed on 10/11, just got her Biometrics notice yesterday (November 14th), so maybe yours will come in the next 4 or 5 days.

UserName........ Sent.............NOA1........Biometrics....Interview....Oath....Office

Avvypudge.......10/10/08.....10/30/08....11/21/08...........................VSC/Newark

bgbirl..........10/10/08..........10/20/08....11/13/08...........................CSC (NBC transfer)/

thea............10/11/08.........10/24/08....11/28/08...........................VSC (NBC transfer)/Washington DC

TX101...........10/15/08........10/24/08....11/03/08...........................TSC/

AJ................10/15/08.........10/30/08............................................VSC (NBC transfer)

Dima............10/23/08.........11/7/08....................................

Thomas F........10/23/08......11/3/08......xx/xx/08...........................TSC (NBC transfer)/Atlanta

tmman...........10/23/08.......11/12/08....11/29/08...........................

kokobearus......10/27/08..................................................

What about making an infopass appointment and asking them about it?

Yeah, that's a thought. Taking time off for a possibly wasted day sucks, but what has to be done has to be done.

Thanks

What was your filing date exactly? Let's add you to the list. By the way, there are still some others who haven't received theirs and most have come in the past 4 or 5 days. Maybe yours will come in the next day or two. When did you receive NOA2 and what did it say?

Dammit I didn't even think about this.... I have savings in the UK that I was planning to leave there for as long as possible since the interest rates are way better, but it seems like it would have been better to just bring them over when the exchange rate was 2-1.

Looks like I've lost about $10,000 and I didn't even realize. DAMMIT.

If you had converted it to dollars, the dollar would have crashed again and you would have gotten transferred back to the UK.

Murphy's Law.

Keeping your cash diversified is the only way a traveler can avoid getting pummeled by erratic exchange rates. Unless your name is George Soros in which case you should gamble big.

Congrats TX101, on your biometrics! Moving right along...

UserName........ Sent...........NOA1......... Biometrics..... Interview......Oath........ Office

Avvypudge.......10/10/08.....10/30/08......11/21/08........................................VSC/Newark

bgbirl...............10/10/08.....10/20/08.............................................................CSC

thea.................10/11/08.....10/24/08........................................................VSC/Washington DC

TX101...............10/15/08....10/24/08......11/03/08.......................................TSC

Dima................10/23/08.....11/7/08.................................................................

Thomas F..........10/23/08.....11/3/08.......xx/xx/08........................................TSC/Atlanta

tmman..............10/23/08.....11/12/08.....11/29/08.............................................

kokobearus.......10/27/08.........................................................................