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Stella08

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Posts posted by Stella08

  1. I just wish they would hurry up and send my flash cards so I can start learning before my interview!

    Maybe you'll get them in the mail today. :thumbs: I started using them for studying today and I put only 8 out of 100 aside because I wasn't sure about the answer. So it's not that bad. Have you started studying with the booklet you got when you got your fingerprints done? Don't worry, you should get your invitation for the interview at least four weeks ahead of time. That leaves plenty of time to study. :star:

  2. my local office has not updated since January 2008 and I am sure that is not correct!

    Oh, if I check the official USCIS website, I will have to wait much longer for my interview. :blush::unsure: I don't know how often they update the website. :unsure:

    But if you compare cases here in the forum you get a pretty good idea what the actual timelines are. Just read through the threads of the people who filed last year and check their timelines. Or look here:

    http://www.visajourney.com/timeline/citlist.php?op5=5,10,11

  3. I hope so.......when do you think they will be around March/April

    I think that depends on which office is responsible for your case. I kept an eye on the Washington D.C. office and what I've seen so far, it seems to take about 3 to 4 months from the time you file your application until you have you interview (unless there is any holdup because of the name check etc.). But of course with all the changes going on (Lockbox Centers etc.), who knows... With USCIS you never can be certain... :unsure: Let's hope for the best.

  4. Name..............SentDate....NOA1.......Biodate....Interview...Oath..... Center..LocalOffice.....CheckCashed

    samsbs............12/01/08....12/23/08...01/14/09...xx/xx/xx....xx/xx/xx...CSC....San_Francisco...12/24/08

    broma25...........12/01/08....12/15/08...01/03/09...xx/xx/xx....xx/xx/xx...VSC....Philadelphia....12/12/08

    farah2005.........12/01/08....12/12/08...xx/xx/xx...xx/xx/xx....xx/xx/xx...TSC....?????...........12/09/08

    so2008............12/02/08....12/16/08...01/03/09...xx/xx/xx....xx/xx/xx...TSC....Tampa...........12/15/08

    maimai............12/02/08....12/08/08...12/31/08...xx/xx/xx....xx/xx/xx...CSC....Phoenix.........12/12/08

    Cargo.............12/06/08....12/22/08...01/20/09...xx/xx/xx....xx/xx/xx...CSC....San_Jose........12/23/08

    Poppinslp.........12/10/08....12/22/08...01/23/09...xx/xx/xx....xx/xx/xx...TSC....????????........12/23/08

    blessings2us......12/10/08....12/22/08...01/21/09...xx/xx/xx....xx/xx/xx...NBC....Portland........12/22/08

    Stella08..........12/10/08....12/19/08...01/13/09...xx/xx/xx....xx/xx/xx...NBC....Washington,DC...12/22/08

    ChinaBabe.........12/12/08....12/23/08...01/14/09...xx/xx/xx....xx/xx/xx...TSC....Birmingham......12/24/08

    Nigerla...........12/13/08....12/23/08...01/07/09...xx/xx/xx....xx/xx/xx...VSC....NYC.............12/22/08

    rilian............12/16/08....01/09/09...01/27/09...xx/xx/xx....xx/xx/xx...CSC....San_Francisco...01/08/09

    Jackjack..........12/17/08....12/27/08...01/14/09...xx/xx/xx....xx/xx/xx...VSC....Boston..........12/26/08

    ptrober...........12/17/08....12/31/08...01/22/09...xx/xx/xx....xx/xx/xx...NSC....Cincinnati......01/05/09

    radacos...........12/17/08....12/30/08...xx/xx/xx...xx/xx/xx....xx/xx/xx...NSC....Seattle.........12/31/08

    alwayswin.........12/18/08....12/31/08...01/23/09...xx/xx/xx....xx/xx/xx...VSC....Buffalo,NY......01/02/09

    Debra&John........12/18/08....12/31/08...01/22/09...xx/xx/xx....xx/xx/xx...NSC....Seattle.........01/06/09

    DoxATL............12/23/08....12/29/08...xx/xx/xx...xx/xx/xx....xx/xx/xx...TSC....Atlanta.........01/06/09

    skoopie...........12/24/08....12/29/08...01/24/09...xx/xx/xx....xx/xx/xx...VSC....Newark,NJ.......01/06/09

    den_y2005.........12/24/08....01/05/09...xx/xx/xx...xx/xx/xx....xx/xx/xx...CSC....Santa Ana.......01/05/09

    edandying.........12/27/08....01/07/09...xx/xx/xx...xx/xx/xx....xx/xx/xx...NSC....Chicago.........01/08/09

    jamieswith........12/29/08....01/02/09...xx/xx/xx...xx/xx/xx....xx/xx/xx...TSC....Houston.........01/06/09

    Kunjal27..........12/29/08....01/02/09...01/30/09...xx/xx/xx....xx/xx/xx...TSC....Atlanta.........01/06/09

    I guess in about two weeks members might start getting the first interview letters... :thumbs:

  5. O.k., I just ordered my transcripts. It was options #2, #2 and #4. I got account and return transcripts for the last three years. I also ordered account transcripts for the two years prior to that (return transcripts for that period were not available for free, I would have had to file form 4506).

  6. automated person!! Took a little over a week to get, and I got the last 3 years worth. Was free.

    Question...why we have to order that papers, can I use copy of my tax return what I have?

    If I have to order which phone ## I should call?

    Thank you

    The phone number is in the link I posted. But there are ten million (well, maybe some less :blush: ) options to pick. At the end they give you so many options that I wasn't sure which one was the right one for me. All I know is that I don't want the Form 4607 for $57. :unsure: I have to call and listen to the options again. :unsure:

  7. Update: Our attorney spoke with the immigration officer this morning. The IO says that 319b waives 3 years of residency but does not waive 3 years of marriage. Our attorney gets to present her case to the director of the local office and he's going to make the final decision. I don't know when that will be. The IO is fairly new and she says this is her first 319 case so hopefully the director knows his stuff. :wacko:

    Oh man, I'm sorry to hear that. :wacko: But at least you get a chance to represent your case to the director. I'll keep my fingers crossed.

  8. I agree with NigerLA and johndecka.

    Plus, nobody cares as much about your case as you do and nobody puts as much effort into it. Not even a high-paid lawyer. And so far I've never seen a case where a lawyer could speed up the process. But I've read about cases where a lawyer gave the wrong advice and screwed things up. :unsure: So, unless your case has some special circumstances where legal advice and representation are needed, I would save the money for a lawyer.

  9. I received my greencard in 1999, never got a Welcome letter. I didn't even know I had to file an AR-11 and my sponsor had to inform USCIS of address changes also, until I started reading in immigration forums a few years ago. And a lot of people who received their greencards in the '80s and '90s never heard of the fact that they have to report address changes. I think this regulation had been neclegted for many years until 9/11 happened and the government became more strict about the country's immigrants and immigration laws. I know people who have renewed their greencards several times without any problems even though they never had filed an AR-11 after they had moved (several times). But of course, if you do know the law, you definitely should follow the rules.

  10. It sounds to me like the physical presence/residence and the marital union could be two separate things and it only waives one of the two requirements (the residence part). But I'm not a lawyer and I think in this case it's a good thing to have a pro representing your case.

    That's the exact issue the IO brought up and I did my best in my non-legal background to explain that it's really left to interpretation. Our attorney thinks she found something better though so I'll let you know what that is if and/or when it works.

    I keep my fingers crossed. I think Thomas&Milena is right and 319(a) and 319(B) are two separate items.

  11. Thomas and Milena,

    You're right. If I would pay big bucks for a lawyer, I would hope he/she would prepare my case and all my grounds are covered and I would avoid obstacles like this one. That's why I'm paying lots of money.

    Otherwise I can prepare the case myself, prepare everything as much as possible and hope for the best. Actually, that's what I'm doing. My husband is military and we were stationed overseas for 4 years. So we should be covered under Section 319 (e), but I know of at least one case where the applicant had problems because she had moved back to the States (on orders) already. She was told that she could have applied while they were still living overseas, but since she's back, they would have to count the time overseas as break in residence. To me this doesn't make any sense, so I'll go to the interview with all the laws, regulations and memorandums I can find about this at hand.

  12. I'm not sure if you have to list your travel to Puerto Rico because it seems to me like this time would count as time in the U.S. But if those 4 days don't make a big difference in the time you count for your physical presence, I would probably list them, just to be on the safe side. Of course, if those 4 days make the difference if you are eligible to become a citizen or not, I would doublecheck if you have to list them at all.

    Here are two links which might be helpful:

    https://www.cia.gov/library/publications/th...ok/geos/rq.html

    http://en.wikipedia.org/wiki/Commonwealth_...s_insular_area)

  13. Update: I could never get a hold of our attorney on Friday for an update other than an e-mail requiring more money to proceed. :bonk:

    Talk about insult to injury. *sigh* If it works its all worth it though.

    That's ridiculous. Your attorney must have screwed up somewhere along the line, as far as I can tell. Section 319b of the Immigration and Naturalization Act clearly states that those PRs who are living with their USC spouses abroad (assuming the USC is working for a US company or government) are not tied to any of the time restrictions for naturalization.

    Also, if you look at the requirements for naturalization, no where does it say you have to be married for 3 years. It just says you have to be married and living in the US with your spouse for 3 years. Since the 3 years is exempted in your case, this should have been no problem. I am very interested to hear how your case gets sorted out.

    For the rest of us, it would be interesting to hear about the appeal process. How do you make an appeal?

    I think it depends on which way you interpret the law:

    http://www.uscis.gov/propub/ProPubVAP.jsp?...758650d6d39638a

    There are the general requirements:

    Sec. 319. [8 U.S.C. 1430]

    (a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

    And then there is the exemption:

    (B) Any person,

    (1) whose spouse is

    (A) a citizen of the United States,

    (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomin ation having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and

    © regularly stationed abroad in such employment, and

    (2) who is in the United States at the time of naturalization, and

    (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

    It sounds to me like the physical presence/residence and the marital union could be two separate things and it only waives one of the two requirements (the residence part). But I'm not a lawyer and I think in this case it's a good thing to have a pro representing your case.

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