Nahathai_Ike

Can anyone assist me in providing the checklist on filing the I-130 for siblings?

These are what I have:

1. I-130 petition

2. My birth certificate (translated), same parents

3. My name change certificate at the US naturalization

4. My brother's birth certificate (translated)

5. His passport (bio page) photocopy

6. My unexpired US passport

7. My brother's citizen identification card (copy)

8. My brother's house registration (copy)

9. Money order for $355

If I miss anything, please let me know.

Do I need to fill in the G-325A (biographic information form) and also send them the passport photos of myself and my brother?

Thank you for your time.

p.s. Could not locate the information in all of the searches. Perhaps the pundits here will know the answers. Thanks.

I do appreciate your time and response. I realize that it will take a long time. I would like to ensure that we put everything into the system.

You should also check the vaccine whether it has the side-effect with the pregnancy.

When my wife had the vaccination shot done prior to the interview, the doctor informed us that, not trying to get pregnant because the vaccine might become a problem for the fetus.

Ask the doctor again regarding what type of vaccination you will be getting.

Congratulations on your pregnancy.

She can petition the children as an LPR but that will take at least 5 years. They would be in the F2a category until they turn 21 years old. Once they reach that age, they will be placed in the F2b category.

The quickest way for the children to get immigration visas is for her US citizen husband to petition the kids as his step-children. So long as the marriage occurred before the kids' 18th birthdays and they are not married, it should only take about a year. The husband needs to file an I-130 petition for each child. File the petition before the oldest one turns 21 years old. If the application is received after his 21st birthday, he will not qualify as an Immediate Relative and have to wait about 5 years for a visa.

Good luck to your friend and her family.

P.S. If the marriage occurred after the oldest son turned 18, then his stepfather cannot petition for him.

Thank you for your response.

I come up with some additional questions:

1. So, do you mean that her first child, who is currently 20 years old, will not be possible to qualify for an Immediate Relative if the USCIS receives the I-130 application after his 21st birthday? (Their marriage occurred after his 18th birthday.)

2. I heard that the US Citizen could not petition more than two (2) Immediate Relatives toward his/her lifetime. Is it true? If it is, in this case, the husband who is a US citizen, cannot petition more than one stepson because he had already petitioned his wife.

3. Does it make any different if she does not work in the US? Can her husband co-sign or sign the affadavit of support for the children, in case she has to file the I-130 petition herself?

Thank you for your response.

Good afternoon,

I have questions for one of my good friends. I could not locate any answers anywhere. Perhaps the pundits on this board can assist.

A friend of us, also from Thailand, is currently carrying a 2-year green card. Her conditional status will be removed by next year. She marries with a US citizen. She has two children from her previous marriage.

She informed us that she would like to bring her children to the US. I did some researches on the web page and found some information that I could not clearly understand.

Her oldest son has just turned 20 last month. He is still a student at the university, unmarried. Her youngest one has just turned 12 this month.

She travels back and forth from the US to Thailand to see her sons and her aging parents. She does not work in the US. Her husband can support her with his current income.

My questions are the following:

1. Can she, herself, petition her children or she needs to ask her husband to petition them? I looked into I-130, the form did not indicate anything regarding stepchildren. The parents were married two years ago. During the time that they were married, the eldest son was 18 when the relationship was established.

2. Can she, herself, petition her children while she is still under Conditional Status? I told her that she could not because she needs to have the condition removed first. I might be wrong on this one. Please comment or confirm.

3. If she can file the petition herself, this year or after she has her condition removed, in what Preferencial categories that her children will fall into? Category 2, Preference A/B or something? Please assist.

Thank you for your time and response. I do appreciate your contributions toward these questions.

If you feel that this question belongs to another forum, please move it for me.

Just a quick question.

DS-230 indicated that the system will apply the SSN on behalf of the recipient upon receiving visa approval. We plan to travel soon.

Do we need to go to the Social Security Office again in order to apply the SSN or the SSA will send the card to my wife automatically, because we listed the information in DS-230?

For the persons who arrived with CR1/IR1, please let us know by posting here. Thank you.

I have another friend whose conditional status will be ended soon.

Her USC husband filed the divorce due to inreconcilable differences. (Look like the 2-year GC holder is abandoning him.) Apparently, the GC holder is OK with it. She said that, as long as she gets the divorce decree, she will be pursuing the separate I-751 filing.

The GC holder told me that, she could save a lot of money hiring an attorney because her soon-to-be ex husband filed the decree for her to move out separate way.

She said that she had enough evidences that the marriage was real. For example, wedding photos, receptions, pictures with her ex, etc.

She said that the immigration lawyer needs only her divorce decree to pursue the I-751. However, I argued that the divorce decree might fill with something that indicated her faults....

I am very curious, especially when she said that, it was no need to hire the divorce lawyer. When the paper came back to her, she needs only sign and that's it. (I realize that the legal wordings are very confusing and difficult to interpret.)

If the decree said something that she was neglecting to perform the duties as a wife, how could the USCIS grant her the 10-year GC? Or, the lawyer did not care, as long as they had a divorce decree, regardless whose faults will be in the divorce....????

By the way, what is the different between "Void of Marriage" and "Dissolution of Marriage"? Her USC husband tended to file the one called, "Void of Marriage". (I am thinking like an annulment.)

Thanks all for comments or replies.

So Ike, I would like to know if you had to see the interviewer (CO) again, or did the thai lady just take them then came back with a decision?

I'm curious to know,

1- does my wife have to see this moron CO again?

2- will they tell her then and there if the documents were enough?

3- will they take the passports at that time and hve her come back in a few days to get thier vise?

thanks

Hello,

For us, we came back on Wednesday, the 22nd, and did not see any Consulate officer again. The purpose was to submit the additional required evidences. There were only a Thai lady who was at Window # 5 to collect the documents. She was the one that prejudged our documents without even looked at the letter from our attorney.

Regarding your questions,

1. You might or might not see the counsulate officer, depending on the arguments that you had. We did not see the CO again. I do not wish to speculate the reason he did not show up the second time. I believe that he showed up on DABOYZ' case.

2. The weaknesses that I observed from the people who came back, were all related to Evidence of Relationship. I had over 1,200 pictures taken and printed in the contact sheet, 35 pictures per page. We printed all phone logs, chat logs, letters, etc. I used over two reams of papers and printed everything. I separated my tax documents, my wife as beneficiaries as well. We were very organized and put them in the folders.

I organized our documents and color-coded with three folders. My folder (tax, proof that my wife is a primary beneficiary), my wife's folder (birth certificate, house registration, name changes...) and Evidence of Relationship folder. All of them were labeled and we put descriptions regarding each one. We spent time creating this piece for around two weeks. I knew that it was overboard. However, we would like to ensure that we passed. For us, the more the better.

3. They returned my US passport after finished reviewing the additional documents. My wife's passport will be returned within one week. They gave her a notice with a red stamp. I think it will take between 2-4 days, depending on the day of the week.

I suggested that you printed the Codes of Federal Regulations, just in case, the CO asked for some other documents.

We felt that our documents were too perfect. I am an IT engineer and it is not necessary to discuss anything regarding taxation, W2 or income. My wife is also a faculty member of the State subsidized institution.

So, the consulate officer tried to locate the weaknesses and he knew that I was a naturalized US citizen. So, he pulled out this one out of the thin air regarding petitioner's evidence. Copies of US Passport can be used as a proof, no matter the petitioner is a natural born or naturalized citizen. My attorney wrote a very strong letter. The laws must be abided by the embassy regarding the primary evidence to prove the citizenship, with one of these documents -> birth certificate in the US territory, naturalization certificate, unexpired US passport, proof of birth abroad by US parents.

I do wonder what would happen, if I were not in Thailand. How could my wife find the certificate of naturalization or even original US passport? My attorney stated that the additional documents should be more related toward the recipient rather than from the petitioner. This was because the documents from petitioner were already approved by USCIS and also by NVC. NOA2 was described that, your petition had been APPROVED and forwarded to NVC. When this branch of the government approved your application, petitioner's documents submitted should be all sufficient. Petitioner should not be required to submit any other documents, aside from tax paper or the proof of income to be above 125% of the poverty guidelines.

P. Ike Congrats on the visa ka.

Thank you very much for your thoughtful words. We hope that you will find less obstracles on your May 4th interview with this famous CO.

Take care.

At 9:30 a.m. yesterday, I contacted my attorney who was responsible for our case in St. Louis, Missouri. Before I left for Thailand, I informed her to stand-by to our case. We would contact her if there were any problems.

We wrote an email to her by 9:45 a.m. At 10:00 a.m. or 10:00 p.m. St. Louis time, 15 minutes later, she called us from overseas and we explained our situation to her regarding the evidence of citizenship. I told her that I would send her an e-mail with the G221 after we scanned it.

We sent the email by 10:30 a.m. At 12:30 p.m. or 12:30 a.m. night time in St. Louis, we received the letter from her indicating the error on interpretation of immigration laws and requested the embassy to reverse its decision. The email was also sent to the embassy's email as well.

The tones of the letter was strong and to the point, with an option to use legal matter. (My attorney is a Harvard Law School graduate and practiced immigration law for a few years now. She is young and energetic and is very easy to deal with, not also mentioned about the very reasonable fees.)

She pointed out the facts regarding Federal Regulation Code 8 CFR & 204.1. The US passport (unexpired) is sufficient evident to prove the citizenship, without having to use the certificate of naturalization. She also requested the embassy to accept the original passport as a proof of US citizenship.

In an addition, she also made photocopies of the Codes of Federal Regulations that the embassy must follow all over the world. This also includes the back of I-130 that stated the required documents include US unexpired passport. She also pointed in the letter that when the USCIS accepted and approved the petitions, regarding the nationality status, it means that the unexpired US passport is sufficient toward this matter. (She attached the NOA #1 and NOA#2 with the letter as well.)

Her letter made me sleep well last night. This afternoon, we went to the embassy and submitted the additional documents. The Thai lady at the window refused to take the attorney's letter and said that, she could not take anything else, beside what appeared in the G221. We informed her that, we had an attorney presented our case and by refusing to accept our appeal, she was in violation of our US constitution right to an attorney and I was standing on the US soil. She was reluctantly taking the letter of our attorney plus other evidences. She rudely told us to sit and waited.

We waited until 2:30 p.m. and we got a call from the Thai lady. The lady said that, the Consulate Officer reviewed our case and decided to grant us the CR1. I told her that, there were several documents that accepted as proof of citizenship. Even the counselor said one thing, you would be able to use the equal substitutions because the laws said so. I contacted my lawyer at 3:00 p.m. She said that, by rejecting the substitutions of these documents listed in the CFR, the embassy would be considered in clearly violation of the treatment of US citizen.

We walked out from the embassy with happy feelings. At least, our wait is finally over. We will go to get the visa next week.

Thank you for all suggestions. I do appreciate your helps and comments posted. Have a great week.

yea, BKK are being real PITA's lately.

for once, I Concur with pushbrk, your wife should have had your passport on top of everything so they know you were out there waiting.

I'm going through the same 221g BS with them now......jumping through ridiculous friggin' hoops.

As daboyz mentioned, on your 221g form, it says you can only go there to return the documents

on Monday and wednesday from 1-3pm. But at least you can go in with her. Show them your passport and make a copy of it to give to them. Explain to them you are here not there and maybe they'll go with your passport.

I dont know if they can make those documents for you there or not.

Worst case scenario, you'll have to return to the states, get the document and send to her.

We scanned and printed my US passport for the application this morning. I still do not know why they did not accept it. I realize that I should have given her my passport.

However, I plan to contact the ACS in the morning regarding the lost certificate of naturalization and the G221. I do not know what else I should do at this moment. So, I will be waiting for some thoughts here.

Do you think I should write an email to Visa center why the certificate of Naturalization is necessary and explain tow, them that it had been lost for a long time? Or should I ask the reason that the Certificate of Naturalization is required in this application?

Right now, there were several things in my head that I tried to sort through of what to do. I do appreciate your comments and advices. Thanks.

When you go back in, please let me know if she goes to the same interviewer

or another member of the staff takes the papers.

Thanks

i'm just wondering if i have to friggin' go back there for this 221g or not.

maybe if they give her more sheit......and has to go the 3rd time

In our case we didn't see the consular again just the girl took our paperwork into the back. They wouldn't let me in to sit with her when we went back for our 221g.

As part of your packet 3 you should have included a copy of your biographical page of your passport. They should have already seen this. Another important item in providing your US Passport as proof you are a US Citizen, is it must still have a validity period of 5 Years on it. If it is less then 5 years you are most likely going to need your Certificate of Naturalization. I just looked this up in the instructions on filling out the forms. I had less then 5 years on mine, and I had included my birth certificate with my application.

Hello,

We are not submitting packet 3. We are on the CR1.

I also had the photocopy of the name change certificate during my naturalization with me. It was granted by the immigration court in 1994. I got my first US passport in 1994. After 10 years, this is my second book, which will be expired in 2014. My current passport was issued in 2004. I believe that my court order of name changes by Immigration Court in 1994 was a proof that I had been the US citizen since 1994. The letter itself came from USCIS.

My lawyer was also drafting the letter indiciating that, as a part of I-130 for submission, unexpired US Passport is sufficient. There were the options to use the birth certificate, Naturalization Certificate or unexpired US Passport. Everything had been approved in the USCIS and NVC levels.

I did not know that this bald headed guy pulled us another surprise. He said that everything was a OK in the financial information, evidence of relationship and everything else. The thing that he argued was that, the petitioner needed to submit the certificate of Naturalization. I was totally amazed that, how could a non-US citizen could pass all of the paperwork level from the USCIS up to NVC and now, going to the consulate level.

i do agree with AaronLV, make the appointment with the American Service Unit or you can just go there and tell the guard that you need to contact with American Service Unit. Asking them about what you should do if you lost your Naturalization Certificate which they asked for that at your wife's interview. That way you will be able to get inside the embassy with your wife and you will be able to submit whatever they requested for about the visa.

Additionally,

I will bring the following:

1. Our I-130, with instructions to demonstrate what are the requirements;

2. My original US Passport

3. Letter from my attorney explaining submitting the documentation and explain the legality of all documents submitted.

4. G221 form

5. My wife's passport and photograph required

I do not think we should carry any heavy stuffs that we brought to the embassy today. We have a lot of documentations. We hate to bring them back again.

I will keep you posted. I believe that we do not have to make the appointment online, just go in there with my wife with the G221. If I have to make the appointment on-line, please post it as well. Thanks.

yea, BKK are being real PITA's lately.

for once, I Concur with pushbrk, your wife should have had your passport on top of everything so they know you were out there waiting.

I'm going through the same 221g BS with them now......jumping through ridiculous friggin' hoops.

As daboyz mentioned, on your 221g form, it says you can only go there to return the documents

on Monday and wednesday from 1-3pm. But at least you can go in with her. Show them your passport and make a copy of it to give to them. Explain to them you are here not there and maybe they'll go with your passport.

I dont know if they can make those documents for you there or not.

Worst case scenario, you'll have to return to the states, get the document and send to her.

Thank you for your comments.

Certificate of Naturalization will take approximately eight months to get the replacement. It will cost over $500 to get a replacement. I do not believe that this certificate will block the visa path for my wife.

Right now, I also contacted my attorney in the States to send a letter addressing the US embassy regarding this surprise documentation that was not called in the first place. She informed me that the instructions in I-130 is very clear and specific regarding substitution in order to prove of the citizenship.

(I assumed that the reason that the Consular Officer asked for the certificate of Naturalization is to proof that I am the US Citizen. I do not know what reason that he asked for it. However, if I am not a US Citizen, how can the application go through and get approved by USCIS and NVC?)

We will go back tomorrow, since it is Wednesday in BKK. I do not know whether we need to make the appointment with the Embassy or not. We have the G221 with us.

Thanks again.

Good morning to all,

We went to interview this morning and everything was OK, except there was a surprise turn on one piece of documentation that I did not have, which is the Certificate of Naturalization. My certificate was lost for a long time and I did not use it when submitting the request on the I-130. (I used an unexpired US passport instead.) Everything was approved by the USCIS and NVC levels.

I knew that it was no way that I could get a US passport without first submitting the Naturalization Certificate.

Since I am with my wife right now in Bangkok, what are my options? We plan to go back to the embassy tomorrow. (When my wife went to interview, she did not have my passport with her.) I am thinking about surrendering my original US passport to her tomorrow. I am not sure whether it makes any differences. (I will tell the reason based on the previous paragraph.)

I also contacted my lawyer and she was also surprised to hear that the approval was done by at least two agencies. I hate to have this one document blocked our marriage relationship here.

Any recommendations so far. We have around 24 hours to think it through. Thanks.

The sad part regarding the story was that the husband would like to get rid of his wife when the adjustment of status was near and during the time that she could not be there on a face-to-face basis.

He intends to send the "Petition for Dissolution of Marriage" to Cambodia and have her signed something like "Entry of General Apperance, Waiver of Personal Service of Summons". He hopes that she will be confusing with the legal terminology and signs these forms and mails back to him.

This is because her GC is already expired and it will be no chance for her to come back and fight for her right in the court of laws. He can say anything that he wants in the petition, including the agreement in his terms.

The lesson learned from this case, is that -> the recipient should wait as long as possible for the NOA to arrive before traveling out of the country. This is an assurance that he/she will have more time to consider on the case. The second thing that we learned, was that, sometimes the predator had evil plans created long before and the situation warranted these plans to be implemented.

Poh did not know anything that these things were coming while she was out of the country. She had a good faith that her husband and his daughter would come to visit her on their vacations while she had been waiting, with the confident that they would be traveling back to the States together.

The husband continues to avoid talking about the case. No tracking number nor specific information on the case of her life. (Sent out these I-751 without any tracking information or could not remember what evidences were enclosed within the package.) He stated that he put the package in the US post office box with enough postage for delivery.

We were glad that Poh started to think that something was wrong that she had not yet received the news regarding NOA. When asking her husband to contact DHS, he continued to avoid and said that he was too busy to check with them. We told Poh that how come the husband did not even have 15 minutes to follow-up with "THEIR" case, (both had to sign). He lied by telling her not to worry that the GC should be in the mail. Now, he had already started the divorce procedures.

We encouraged Poh to go back and fight. This will be her decision to make. We hope that she will be traveling to the States soon.

Thank you all for your wonderful contribution to this topic. We know that Poh owes a lot of gratitudes toward your comments and encouragements that you all have been giving to her. Thanks again.

Another update,

Poh received an email from her husband today while she is still in Cambodia. The husband stated that he will be filing for the divorce this week. He will use the address in Cambodia as her address for the paperwork to come here.

She also found out that he filed the tax return (married file jointly just less than a month ago -> March 9, 2009) by using her signature that she signed in February before leaving the States. He stated that he mailed the I-751 package WITHOUT any tracking number to DHS in the middle of February in Texas.

A strange thing that happened was that, if they mailed the package in Texas, why did the husband send her an AR 11 form (change of address) to Cambodia? They were no longer in Missouri during that time when they filed the paperwork.

The sad part was that, he decided to divorce her by writing an email, instead of going face to face.

Poh believed that the reason that he was rush into filing was because she informed him that she will go back to the States. He will try to do his best from preventing her from entering his apartment. He said that he had already packed her belongings and ready to ship the boxes to Cambodia.

He was in a hurry, which we were very surprised. He told her in the email that he was sorry that their marriage did not work out.

If we have any more updates, we will post in this section, just for your information.

I will wear the attire as if I go to the professional job interview, conservative types. If you have the suite, wear them. Neck-tie or bow-tie is optional.

My wife and I thought of the following:

1. The reason that he did something like this is to allow himself to file a divorce without any fight or contest and can create some stories that the wife left him. We thought that it had been carefully planned.

a. The wife bought a one-way ticket back to Cambodia, with the promise from the husband that he and his daughter will join her over there and come back together to the States with the NOA in hands.

b. With that reason, the divorce will be very easy because he could prove to the judge that the wife left him with a one way ticket and no chance for him to make any compromise.

2. When the husband files for a divorce with a no show or no contest, there will be no argument for any additional alimony. The lawyer's fees could be made at a minimum.

3. The couples had never gone to any counseling session and the wife even signed the joint tax return to allow the husband to file as married in February. The wife had not perceive anything that the entire plan had been carefully crafted.

We suggested her to come to the States as soon as possible. Right now, we heard that she had already purchased the ticket to come back within 10 days. We will keep updating the situation. (In a mean time, the friends had already contacted the immigration and divorce lawyer regarding to this case.)

What we felt regarding the deception was that -> the husband continues to insist that he sent the package (I-751) through the US mail WITHOUT tracking information (trying to save $.65 for delivery confirmation) and did not remember what else that he put into the package. He sent an email to the wife that she should not worry because everything would be alright and the approval letter should come into the mail. Instead, he did not even file the paper on the behalf of himself and his wife.

Later, he sent email to his wife yesterday that, if he helped her, he would be getting in trouble with the DHS. So, he said good bye to her via email. We felt that it was very odd for the situation to turn out this way. I believe that he would like to file for a divorce and the wife will not not show up. So, it would be considered as no contest and he could minimize all of the lawyer's expenses. The court will grant him anything under his terms.

We felt very glad to hear that she is coming back to fight in this case.

Thank you for all of your comments. We are trying to help her fighting toward this situation.

After talking to my wife, the lady told her additional information:

1. Since she left the United States, the husband continued assuring her that the 10-year green card would be there in the mail. She still believed him because there was no indication that the marriage termination would occur.

2. Poh signed the 1040 paper in order to allow her husband to file the joint tax return this year, before she left. That would be one of the deceptions.

3. He informed her via email that it was useless for her to come back to the United States because he would not allow her entry into their apartment.

4. We felt that the husband would later file the divorce without allowing the wife to be presented for a fighting chance.

5. The husband said that he would mail and send all of the belongings back to Cambodia. He continues to depress her situation by instilling more fears and intimidation toward her, if she comes back to the States.

6. He also sent an email that this is not related to any other women. I think he might try to cover his rear on the issues.

7. Poh told my wife that she was desperate and right now, will definitely come back to the States and file for the divorce. She said that her mistake was -> she had not waited long enough for the NOA to arrive before she left the country. She put all the trusts to her husband.

8. We told her that she should come back to the States for a fighting chance. She is concerned that the divorce might be granted long after she could file for her own I-751. Her time is limited.

Based on your opinion, these are questions:

I. what do you think why the husband continues refusing her to come back to the States? Or it is because he would be in trouble as well because he lied that the I-751 had been sent through the mail and felt guilty? So, he would like to get rid of her.

II. Since she might not be allowed to enter her husband's apartment in San Antonio, Texas, she thought about change her flight plan to stay with some of her friends in other States to save the money. If there is a local USCIS over there, can she make an appointment via Infopass find out whether USCIS received her petition? Or she has to go to San Antonio to find out regarding the status of her petition? (This is to ensure that the husband was lying.) I told her that she might be able to contact the attorney over there to find out of what to do.

Thank you for your time and comments. We hope that we could be able to help this poor soul who got loss in these circumstances. Take care.

I have not visited this site before. Look like there are a lot of information regarding Thailand. It is good that I do not have to create another thread or topic.

Quick question about the medical at Bamroongrad hospital ---> my wife went to do the medical last month for her first shot and received a brown envelope. Everything looks fine.

I chatted with her an hour ago to review all of the documents. She said that the hospital did not give her the vaccination book, (to be signed or recorded by the doctors who performed such action.) My wife said that all of the vaccination records were in the OPD folder at the hospital.

My wife said that she did not ask for one because she did not know that it was necessary and the hospital did not give her anything back that day, except the brown envelope. Does she need to have the vaccination book as well in order to show at the US embassy regarding what type of shots had been put inside? (I am not even sure whether the vaccination records (book) is available in English.)

She plans to go back to the hospital this coming Tuesday, April 7, 2009 for the second shot, which will be approximately 30 days apart from the first one.

Please advise. Thank you.

The vaccination record should be in the brown envelope. We got a separate envelope with a copy of the DS2035 in it, just so we had a record of which shots she had, this was at BNH and they automatically gave that to us. We have no needed to give it to anyone else.

When my wife goes to have the second shot done, where it will be recorded since the book is already in the sealed brown envelope? Should she ask for another one to demonstrate that the second shot has been made? Or will the hospital give her another type of paperwork certified that she has the second shot completed?

Please advise. Thank you.

I have not visited this site before. Look like there are a lot of information regarding Thailand. It is good that I do not have to create another thread or topic.

Quick question about the medical at Bamroongrad hospital ---> my wife went to do the medical last month for her first shot and received a brown envelope. Everything looks fine.

I chatted with her an hour ago to review all of the documents. She said that the hospital did not give her the vaccination book, (to be signed or recorded by the doctors who performed such action.) My wife said that all of the vaccination records were in the OPD folder at the hospital.

My wife said that she did not ask for one because she did not know that it was necessary and the hospital did not give her anything back that day, except the brown envelope. Does she need to have the vaccination book as well in order to show at the US embassy regarding what type of shots had been put inside? (I am not even sure whether the vaccination records (book) is available in English.)

She plans to go back to the hospital this coming Tuesday, April 7, 2009 for the second shot, which will be approximately 30 days apart from the first one.

Please advise. Thank you.

I would like to assist one of my Cambodian friends who has some major problems regarding the two years CR1. We have just heard about her story last night. We decided to write on this board, whether we could find any solutions for her, in an addition for her to visit the attorney's office. (If the attorney's visit is useless, please provide your comments as well.)

My friend Poh, is currently visiting her family in Cambodia. Her green card will be expiring in early June, 2009.

A few months ago, she signed the form to remove the conditional status, I-751 while she lived in Missouri – sometimes in February. When she moved to Texas, a few weeks later, she flew back to Cambodia due to her mother’s sudden illness in order to take care of her in the hospital. Her husband indicated that the package had been mailed to the appropriate office.

She received an AR11 from her husband while staying in Cambodia. She signed and sent the form back to Texas. Her husband indicated that he would send the AR11 form to the DHS. She continues asking her husband regarding the NOA.

Before leaving Texas, she planned in having her husband and his daughter visited her in Cambodia in June for vacation and travel back to the States together. Hopefully, she will receive either the approval letter or the request for interview letter. She has a good faith that her husband will take care of all the tasks for her while she is taking care of her family.

Last week, she called the DHS office regarding her case. Since she did not have the receipt number, she could not talk to any live individual. She contacted her husband and asked whether he had received the NOA regarding I-751. He said that he still did not receive it yet.

A few nights ago, she received an email from her husband stating that he would like to terminate the relationship and will not follow-up anything regarding the I-751 with DHS. He also said that if she comes back to the States, likelihood, she will have to go back to Cambodia because the green card will be expired. She will not be eligible to live over here. (She still has several of her possessions and belongings over here.) She was in shock and crying non stop. She reviewed overall situations and felt that her husband might not even send the I-751 petition to the DHS as he previously stated at all. This is because her husband could not even provide any tracking evident regarding the case. He said that he had just dropped the package into the regular mail, without having making any photocopies. Her husband only said that he spent over $500 for the fees, nothing much had been provided in details.

Afterward, she talked to my wife and my wife relayed me the message. We believe that the husband lied to her in the filing of I-751. The email that the husband sent was an evident to support that claim.

We recommended her to come back to the States as soon as possible before the green card expires. I said that by staying over there she would lose her fighting chance. I said that she should be able to contact the lawyer and present all of this information.

The questions that I have:

1. Husband did not file for any divorce and made a surprise termination, would this be considered as a deception and can be prosecuted? He used the situations toward his advantages because he realized that his wife’s green card is expiring. (He did not file the divorce but waited like a cold-blood killer.)

2. What will be the wife’s fighting chance? She believes in good faith that the husband acted honestly by sending all of the I-751 required paperwork to the DHS. That’s why she left for Cambodia and faithfully waited for him to come to visit and go back together, after receiving an NOA.

3. I believe that coming back to the States at this moment, she will have a better fighting chance because her green card is not expiring yet. However, her husband stated that if was useless for her to come over here because she would have to go back in June, after her green card has been expired. Do you think it will be a wasteful trip for her?

4. I do not know her husband’s motive. If there would be a divorce, he should be filing long time ago. I felt that this is a cold-blood execution practice. By lying that the paperwork had been sent and continues to procrastinate to make her believe that everything is still a OK, I believe that was like a criminal activity of deception. She told me that she would not go to Cambodia, if the situation had been turning out like this. Did the husband’s conduct be considered any types of deception and could be prosecuted in the court of law?

5. Even though the husband’s email stated that he did not involve with another woman, we believe that he was performing a “CYA” act, just in case his email will be used in the court of law. I had never heard that the husband would like to divorce his wife by sending out an email, just in time before her conditional green card is expiring. He expects that she would not be able to do anything in a short period of time. Would you provide some comments on this one?

I do appreciate all of your expertise inputs. I will assist her by assembling them together. We encourage her to go back and brave herself in any situations. There will be severe headaches but she will have a great fighting chance with the justice system available to her. We even think about prosecuting the husband of the act of deception as well.

Thank you for sharing your comments and I do apologize if this message is too long. I would like to provide as much details as possible. My wife in Thailand will visit Panom Penth and her next week. Hopefully, we will have some great inputs from the great people from this board. Thank you again.

Thank you all for the postings. This is very helpful. You guys are great. Thanks again.

Good morning,

This posting is for my friend because there are several people who can provide some directions.

* My friend is currently staying in Thailand to take care of her parents. Her 2-year green card will expire at the end of May, 2009.

* Her husband is in the United States and had already submitted I-751 in order to remove the conditional status in February, 2009.

* After filing, the husband got the job and moved to another state. Instead of going to California service center, the new state belongs to Vermont's jurisdiction, from Illinois to Texas.

* The husband said that she could stay in Thailand for the Green Card to be mailed to his address. He will bring the green card to her when he visits her family in the late month of May.

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I told her that I disagreed with the last statement because of the following:

1. Her current passport is still having a 2-year conditional status stamped on it

2. Both husband and wife have not yet received the letter from USCIS whether the case is approved or denied. I told her that approval can be done via US mail. However, there will be the chance that they will be receiving the letter to request a face-to-face interview with the inspector as well.

3. I told her that she has to come back into the US before green card expired. Otherwise, she will have the big problem at the port of entry.

4. I believe that when the USCIS officially received their case or put their case into the system, they will receive some type of confirmation receipt, such as I-797C, notice of action. This one, will allow her to stay legally within the US, until she knows the results whether her case is approved or denied or be requested for face-to-face interview. (I told her that this receipt is a life support but she cannot travel outside the country because she will have to face problems when coming back to the States.)

5. I suggest that she should be traveling back as soon as possible. I also informed her that, one way or the other, she will need to submit her passport to be stamped that her condition has been removed. In both scenarios, whether she gets approved via US mail or via the interview, she still needs to be in the US.

6. I told her that once she gets the stamped on the passport that her condition has been removed, she will be free to travel outside and come back again. The 10 year green card should come later.

7. I told her that I was uncertain regarding the biometrics. I think, she will need to get it done over here in the US.

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Questions:

1. Did my suggestions valid or I missed anything? If I was wrong, please provide some explanations as well. I would like to know as well.

2. Will the 10-year green card come to the house automatically like her husband believes?

Please kindly contribute your knowledge and wisdom toward this subject. After having receiving several responses, I will send her an email to read this link. Thank you.

SHE PASSED!!!!!!!!!!!!!!!!!!!!

Thank you everyone for your good wishes and Support!

And good luck to everyone else thats waiting!

Congratulations. We are really happy for you.

We have 2005, 2006, 2007, as well as bank statements, a letter form his bank, a letter form his employer, and 3 recent bank deposits from work.

BUT, I was reading that because my interview is April 17th (2 days after Tax season ends), I am to have the latest tax receipts, 2008.

Is this correct??

Yes, that is correct.

I am filing an extension this year. So, I will send my wife the W2 and the receipt to show that the extension has been filed.