Stella08

They just wanted to see my greencard (and keep it ) and the oath letter. That was it. I never had any special things like re-entry permit etc.

O.k., I re-read my first link one more time. Unfortunately it seems like you were supposed to file the I-360. I'm keeping my fingers crossed that you get approved anyways.

How did you receive your greencard/file for removal-of-conditions?

http://www.uscis.gov/files/pressrelease/PolMem89.pdf

Instructions Regarding the Expanded Meaning of Section 319(a)

Public Law 106-386 amended section 319(a) of the Immigration and Nationality Act

(INA) (8 U.S.C. 1430(a)) by extending the benefit of this section of law to persons who obtained

status as a lawful permanent resident by reason of being a spouse or child who was subjected to

battering or extreme cruelty by a United States citizen. This Memorandum is issued in order to

provide guidance in the adjudication of applications filed pursuant to the expanded language.

Section 319(a) of the INA now reads:

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

(a) Any person whose spouse is a citizen of the United States, 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 (added text), 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

Memorandum for Regional Directors Page 2

District Directors

Officers-in-Charge

Service Center Directors

Subject: Instructions Regarding the Expanded Meaning of Section 319(a)

union with the citizen spouse (except in the case of a person who has been battered or

subjected to extreme cruelty by a United States citizen spouse or parent) (added text),

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.

I. Qualified Applicants

In order to be eligible for Section 319(a) benefits as a battered spouse or as a battered

child, the applicant must have obtained lawful permanent residence status based on either an

approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant in a case in

which an abusive spouse or parent was a U.S. citizen or through cancellation of removal and

adjustment of status pursuant to INA 240A(B)(2)(A)(i)(I). If the applicant obtained lawful

permanent resident status based on an approved Form I-360 as the self-petitioning battered or

abused spouse or child of a U.S. citizen or pursuant to INA 240A(B)(2)(A)(i)(I), the special

requirements of demonstrating eligibility as a battered spouse or child pursuant to Section 319(a)

shall be considered as having been met.

Any applicant who claims eligibility for benefits under Section 319(a) of the INA as a

battered spouse or child must comply with all of the requirements of 8 C.F.R. § 319.1(a), except

clause (3).

II. Benefits Available

The amendments made to section 319(a) of the INA by Pub. L. 106-386 do not change

the usual requirements for section 319(a) applicants who acquired lawful permanent resident

status on any basis and are currently married to U. S. citizens. Any applicant who would have

been eligible to file an application under section 319(a) of the INA before it was amended is still

eligible to file under the amended law. A qualifying spouse must meet all of the general

requirements for naturalization except that the five years after lawful admission for permanent

residence requirement is reduced to three years after lawful admission for permanent residence.

Any person who obtained status as a lawful permanent resident by reason of the approval

of an I-360 based on being a spouse of a United States citizen who battered the applicant or

subjected the applicant to extreme cruelty or pursuant to INA 240A(B)(2)(A)(i)(I) is excused the

requirement of residing together with the citizen spouse. The ongoing validity or the termination

of the marriage to the U.S. citizen will not be determinative of eligibility under Section 319(a) of

a battered spouse or child. Once the applicant has established that he or she was properly

granted status as a lawful permanent resident based on an approved I-360 or pursuant to INA

240A(B)(2)(A)(i)(I), length or continuity of cohabitation with the United States citizen spouse is

not an issue in determining the applicant’s eligibility for naturalization. Also it is not required

Memorandum for Regional Directors Page 3

District Directors

Officers-in-Charge

Service Center Directors

Subject: Instructions Regarding the Expanded Meaning of Section 319(a)

that the United States citizen spouse still be alive or be a United States citizen at the time the

applicant who obtained status as a lawful permanent resident by reason of an approved I-360 or

pursuant to INA 240A(B)(2)(A)(i)(I) files an application for naturalization.

An application also can be filed under section 319(a) as amended by an applicant who

obtained lawful permanent resident status through the approval of a Form I-360 or cancellation of

removal and adjustment of status pursuant to INA 240A(B)(2)(A)(i)(I) as a child of a U.S. citizen

who battered the child or subjected the child to extreme cruelty. It is not required that the U.S.

citizen parent still be alive or be a U.S. citizen at the time the applicant files an application for

naturalization (Form N-400). Also, at the time of lawful admission for permanent residence,

whether through immigration or adjustment of status, the applicant would have to have met the

requirements of being a child of a U.S. citizen parent pursuant to section 101(B)(1) of the INA.

The applicant therefore is not required to meet the definition of child pursuant to sections

101(B)(1) or ©(1) at the time of filing the N-400.

All applicants under section 319(a) as amended are excused from the usual requirement of

residing in the United States for five years after being lawfully admitted for permanent residence

and are eligible to file an N-400 once they are within three months of completing the three years

of continuous residence after being lawfully admitted for permanent residence required by section

319(a) of the INA.

The amendments made to section 319(a) of the INA by Pub. L. 106-386 do not waive the

requirement of section 334(B) of the INA that no person shall file a valid application for

naturalization unless he shall have attained the age of eighteen years.

As long as your son is under 18 years old when you take the oath, he will automatically become a US citizen. You can apply for a citizenship certificate for him by filing the N-600.

Unfortunately there's nothing I can say to help. I can only imagine how frustrating this uncertainty and wait must be. I'm keeping my fingers crossed that you'll hear from USCIS soon. And hopefully with positive news.

Maybe this is helpful to you, since it specifically mentions the battered spouse requirements. If you provided sufficient proof about the abuse (which it sounds like you did), then they should approve your case:

http://www.uscis.gov/files/pressrelease/PolMem89.pdf

I just found this and I wonder if you were suppose to file this first to be classified as a battered spouse?

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Congratulations!!!

Is it standard that they tape the interview in Phoenix?

Here you can enter your ZIP code and find out which one is your field office:

https://egov.uscis.gov/crisgwi/go?action=of....office_type=LO

Which one is your DO in California? You can check timelines here:

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

Too bad you didn't find this forum any earlier because then you would have known that fingerprinting usually gets done about a month after mailing your application. And then the interview usually happens in the next couple of months after that. So your sister might have the opposite problem. She might be back in California already when she receives her invitation for the interview at the East Coast. Over all the easiest and probably right way would have been to file at the end of summer break with your California DO. But it's too late for that.

I would make an infopass appointment and explain that you just found out that fingerprinting usually happens about a month after mailing in your application, but that you won't be back at the West Coast for about two more (?) months. Don't mention your sister because technically she has to file with the DO where she had her residence the last three or four months. So technically the DO in Maryland is not responsible for her and they might deny her interview and transfer her to the West Coast and cause a delay. Did you receive a NOA that they received your application? That would be helpful because then you could provide the IO with a case number when you make an infopass.

Good luck!

Still waiting for my oath letter here. It has been a month since my interview, and the IO told me I'd receive the letter within a month. Does anyone know what number to call and what combination of keys to press to speak to a live person who knows what's going on?

I'm sorry to hear that. Unfortunately I can't help you. Maybe you want to start a new thread with that question and that way more people will see it. I'm keeping my fingers crossed that you get your oath letter soon.

On my invitation all the boxes were checked and I was confused since I never had anything like a Re-Entry Permit or Refugee Travel Document. But then I found out that this is a standard letter and you just have to bring whatever applies to you. When I took my oath, all they wanted to see was the invitation and my greencard (which they both kept).

As a Permanent Resident or U.S. citizen you are required by law to file taxes in the U.S. every year. No matter where you live. But some countries (e.g. Germany) have a treaty with the U.S. and that way the taxes you pay abroad are considered on your U.S. tax return and you don't have to pay taxes on your income twice. Check out the website of the U.S. Embassy or consulate in your country, usually you find a lot of information there.

I'm not sure where you applied for your wife's visa. I know you can apply for IR1/CR1 through the American consulate in Germany and receive a visa in the passport, but you have to travel to the U.S. to activate this visa. Otherwise it will expire within six (?) months. Is this what your wife has to do, too?

About the reentry permit. Your wife has to be physically present in the U.S. when she files it. So you have to wait until you are in country at the end of the month.

http://www.uscis.gov/files/form/I-131instr.pdf

You must be physically present in the United States when you file the Re-Entry Permit application. However, a Re-Entry Permit may be sent to a U.S. Embassy or consulate or Department of Homeland Security (DHS) office abroad for you to pick up, if you request it when you file your application.

http://www.dps.state.ms.us/dps/dps.nsf/div...us?OpenDocument

If you are a non-U.S. citizen, you must meet all other requirements for obtaining an operator's license or identification card except for providing a social security card. The license or identification card will be valid for one (1) year from date of issuance.

You must present valid immigration papers, including a birth certificate (translated by a state run university), passport, I-94, proof of domicile and alien resident card (if you have one).

I've heard more than once that employees have given applicants a hard time and that they didn't know all the laws and regulations when it comes to immigrants. For example, my friend had a hard time renewing her driver's license because all she had was her expired greecard plus a letter stating that she has applied for a new greencard and that this letter was her extension valid for a year or until she received the new greencard. The employee at DMV didn't want to accept this letter as a valid document that she was a legal alien. Well, that much said, a lot of times it helps to ask to speak to a supervisor (you might have to be persistent about this). Also, take the printout from the official website with you as proof what documents are required. Good luck!

If nothing works, contact your congressman.

At last I received my appointment for oath ceremony that is on June 26, 2009 in Los Angeles Sports Arena.

Yeah!!! Congratulations!!!

It was way too quiet in this thread.

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

shadow_dog........12/01/08....12/05/08...12/31/08...04/13/09....05/20/09...NBC....Chicago.........??/??/??

samsbs............12/01/08....12/23/08...01/14/09...03/20/09....05/05/09...CSC....San_Francisco...12/24/08

broma25...........12/01/08....12/15/08...01/03/09...04/10/09....04/24/09...VSC....Philadelphia....12/12/08

farah2005.........12/01/08....12/12/08...04/13/09. .06/19/09....xx/xx/xx...TSC....oakland park,FL..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...03/18/09....04/24/09...CSC....Phoenix.........12/12/08

sheepnfish........12/03/08....12/29/08...02/12/09...04/09/09....xx/xx/xx...VSC....St_Albans.......????????

maz...............12/03/08....12/13/08...12/30/08...04/09/09....04/21/09...NBC....Chicago.........12/11/08

Cargo.............12/06/08....12/22/08...01/20/09...04/06/09....05/21/09...CSC....San_Jose........12/23/08

Poppinslp.........12/10/08....12/22/08...01/23/09...04/06/09....04/29/09...TSC....Fort Lauderdale.12/23/08

blessings2us......12/10/08....12/22/08...01/21/09...03/12/09....03/16/09...NBC....Portland........12/22/08

Stella08..........12/10/08....12/19/08...01/13/09...03/17/09....04/24/09...NBC....Washington,DC...12/22/08

ChinaBabe.........12/12/08....12/23/08...01/14/09...04/27/09....04/30/09...TSC....Atlanta,GA......12/24/08

Coquette..........12/12/08....12/30/09...01/30/09...04/28/09....xx/xx/xx...VSC....Norfolk, VA.....01/08/09

Nigerla...........12/13/08....12/23/08...01/07/09...05/13/09....xx/xx/xx...VSC....NYC.............12/22/08

rilian............12/16/08....01/09/09...01/27/09...03/20/09....05/05/09...CSC....San_Francisco...01/08/09

Jackjack..........12/17/08....12/27/08...01/14/09...03/12/09....03/17/09...VSC....Boston..........12/26/08

ptrober...........12/17/08....12/31/08...01/22/09...03/10/09....04/16/09...NSC....Cincinnati......01/05/09

radacos...........12/17/08....12/30/08...02/23/09...05/05/09....xx/xx/xx...NSC....Seattle.........12/31/08

alwayswin.........12/18/08....12/31/08...01/23/09...04/15/09....06/17/09...VSC....Buffalo,NY......01/02/09

Debra&John........12/18/08....12/31/08...01/22/09...04/30/09....05/07/09...NSC....Seattle.........01/06/09

DoxATL............12/23/08....12/29/08...04/30/09...06/22/09....xx/xx/xx...TSC....Atlanta.........01/06/09

skoopie...........12/24/08....12/29/08...01/24/09...04/21/09....04/21/09...VSC....Newark,NJ.......01/06/09

den_y2005.........12/24/08....01/05/09...xx/xx/xx...04/27/09....06/26/09...CSC....Santa_Ana.......01/05/09

edandying.........12/27/08....01/07/09...01/29/09...04/20/09....xx/xx/xx...NSC....Chicago.........01/08/09

jamieswith........12/29/08....01/02/09...xx/xx/xx...04/06/09....04/22/09...TSC....Houston.........01/06/09

Kunjal27..........12/29/08....01/02/09...01/30/09...04/28/09....04/28/09...TSC....Atlanta.........01/06/09

Aizi..............12/29/08....01/05/09...02/03/09...04/23/09....04/23/09...VSC....Newark,NJ.......01/12/09

Fill out the form but wait until you get to the place for the oath ceremony to sign it in front of an immigration officer.

That's what I did. When I arrived there and the IO checked my letter, he told me that it was incomplete because it had to be signed. I told him I had waited to do so because I wasn't sure if I was supposed to sign it in front of an IO. He said that didn't matter and sent me off to sign the letter and have it ready when it was time to turn it in.

Yes, answer them the day of the ceremony. Just in case you do get a speeding ticket the day before the oath, then you still can list that. You can complete the sheet at home, but if you live in XY, but take the oath in AB, make sure you put down AB as place.

The AR-11 and I-865 are sent to different places (cities) and the sponsor usually receives a NOA after receipt. So I'm not sure if the person you talked to about your AR-11 could have also taken care of the I-865. But go ahead and call and then you'll see. I'm sure it's not big deal.

The person who interview me could not notice that I have difficulty to communicate in English language. I have to think and translate before I speak. I think IO thought that what why I am taking time to speak. English is my fifth lananguage.

Thank you Nick D, you guys really awesome giving me good advise and hope. Let us see what gonna happen.

Wow!!! Your fifth language!?!?! I'm jealous!!!

You don't have to send the passport with your application. But I had to show mine at the interview. Sometimes they compare the stamps with the travel dates on your application.

Hi Everyone,

I just realized I may have made a mistake. My husband and I moved to California from New York almost a year ago. I had filed the AR-11 as soon as we got here but I forgot to file the I-865. I remember asking the national customer service people if there was anything else I needed to file and they said no but now that I have read some posts, I think I should have. I have no idea how this is going to affect my n-400 papers. I didn't do it on purpose, it just didn't occur for me to do it. Completely slipped my mind!!!! We filed one the first time we moved in NYC.... should I just file it now? I won't get any answers from the customer service people till tuesday seeing how it's a holiday weekend.

Please help!

That's not your problem but your husband's, since he's your sponsor and required to file a change of address, too.

Just wanted to give an update, say hi and good luck to those still waiting...

I had my oath ceremony this last Wednesday in Chicago (around noon).

Approx 147 folks there from 44 (?) countries.

Rather quick - but the journey is over for me now. Applied for the passport same day (I was left feeling naked without one !)......

Good luck everyone.

Congratulations!!!

When the passport is delivered does it have to be signed for or did they just leave it in the mailbox??

Everything arrives as regular mail in your mailbox: passport book, passport card, naturalization certificate and Social Security card... A feast for a thief

I contacted these people before I was called in for the interview. I am just getting results from my inquiries as to why my initial interview was cancelled and why my file has not been sent to the NYC office.

The file is now in transit and should be there this week.

Thanks for the explanation. I had totally forgot that you had trouble getting your interview letter. I'm keeping my fingers crossed that you'll receive your oath letter soon.

Sorry Stella!!!

Hey, no need to apologize. I was just kidding.

@doxATL

Thanks.

As part of my campaign to move my case forward, I sent emails to the NYC District Director, Senator Schumer's office and to the CIS Ombudsman.

There has been progress from District office and today someone from the Ombudsman office called me to say my file let yesterday and is in transit to NYC office.

Hopefully my oath letter should be here in the next few weeks. I cannot wait to join the rest of the December crew who have completed this process.

I hope it ends soon for all of us, and for those waiting, please be very aggressive in pursuing your interests.

Your interview was last week, right? Why did you contact all these people? Is your case moving slower than most other cases in your DO?