KayaEel

16 hours ago, yoda one for me said:

Ran through the form today and started uploading documents. Aiming to get everything finished, double checked, submitted and paid for tomorrow after I use an actual scanner to scan a couple of documents to a better quality than a phone photo 😂

 

This is a weird kind of stressful - this has been so easy and straightforward I feel like I've missed something important (though I'm sure I haven't!). Do you know what I mean? After all those massive forms and stacks of printouts for all the applications we've had to make along the way from K1 to AOS to ROC it's so weird being able to just... drag a file over and hit next. 

I agree! Filing online seems so much easier than preparing all those folders to file by hard copy.  In case the actual scanner does not work out, try the free TurboScan app by Piksoft.  It allows you to scan documents and/or create PDF’s from files and photos. It made this process even easier.  Good luck to you! 🫶🏻

We just filed online today and received the NOA receipt and biometrics re-use notices (same day). Hopefully, our interview will be scheduled at the San Antonio, TX, CIS office very soon. 🤞🏼😀

39 minutes ago, OldUser said:

Hi @KayaEel I am really sorry to hear your story, what a horrible experience! I hope you feel much better now and things are improving health wise.

 

As to Continuous Residence, I would think if he could prove ties to the US while he was away (bank accounts active, employment, lease active or real estate owned in the US) + Waiver + cover letter explaining circumstances, he may have a chance of getting approved. 

 

Waiting longer until he satisfies both requirements is also an option.

 

Yes, we can prove ties to the US, and we have plenty of proof of the boating incident. Thank you so much for your input! 😊

46 minutes ago, Mike E said:

There is a waiver for continuous absences of 181-365 days, and there is a reasonable chance he would qualify based on your description.

Thank you, thank you!! I will look into the waiver. 🫶 Is the waiver a specific form, or do we just need to make our case? 

We are about to file the N-400, Application for Naturalization, and this question is related to Continuous Residence.  I am a U.S. citizen (USC) since birth, and my husband is a Legal Permanent Resident (LPR). He meets the Physical Presence test and other requirements for U.S. citizenship, but we are concerned about Continuous Residence because he was outside of the U.S. for more than six months, but not more than a year, to take care of me.  Surely there is some type of exception for this situation.  I know, I know, we should have filed for the N-400 sooner, but we didn’t.

Background

While in my husband’s home country of Honduras, I was run over by a boat. I was snorkeling in the swimming area at a public beach when a speeding boat with a 85 horsepower motor ran over me.  I sustained significant injuries from the propeller blades, including severe lacerations and four broken bones: the iliac crest in my pelvis was shattered, my femur (thigh) which also caused injuries to the ligaments in my knee, and the radius & ulna bones in my forearm.  Right after the incident, I spent more than two weeks in the hospital. So far, I have had three surgeries, three pints of blood transfused, a bone graft, regular physical therapy so that I could walk again, multiple doctors’ appointments for wound cleanings, x-rays, and follow-ups.  My thigh was cut so deeply by the boat propeller that it took five months and multiple re-stitchings to fully close.

All of this medical care was completed in Honduras so that it would be paid for by the owner of the boat that hit me.  After nine months, the bones in my forearm have not healed due to the significant impact from the boat propeller & an additional surgery is likely.  I am also still suffering from PTSD. Needless to say, I really needed my husband with me to assist & support me during this very difficult time.

At the point when my husband had been outside the U.S. for almost six months, we decided that it would be beneficial for his citizenship application if he went back to the U.S. for a brief time.  We booked a flight and the night before, we could not locate his Green card.  We rescheduled his flight and postponed his departure for an additional day while we continued to search for his Green card, but it was not found.  The last time that we saw it was in the hospital just after the incident. He brought it to the hospital just in case I needed to go back to the U.S. for medical care.  This was before we hired a lawyer & learned that we could only compel the boat owner to pay the medical expenses if the treatments were provided in Honduras.  Thankfully, I was able to receive the necessary medical care in Honduras.  However, his Green card was misplaced.  So, we canceled his flight reservation and the six month mark passed while I continued to heal.  

After being outside of the U.S. for approx. ten months, we filed Form I-131A Application for Travel Document (a $575 fee) at the U.S. Embassy & received a boarding foil to get my husband back to the US, even though I still need him with me. He is leaving this week.  We also filed Form I-90 to replace his lost Green card (a $540 fee).

Question

I am grateful to be alive & fortunate that no amputations were required.  My husband & I are devoted to each other and he stayed for more than six months for my benefit.  In this situation, is there some type of exception to the Continuous Resident rule?  Does the USCIS have any discretion, or will our N-400 Application (a $725 fee) be automatically denied before it is reviewed by human eyes?

We received our approval letter today. woohoo! I am updating for J AND T and ourselves.

California Service Center (31 applicants, 15 approved 48%)

VJName............Date of I-751.....NOA1 Date.....Biometrics.....Approved.....GC Received

SCHWARTZE...........??/??/12........07/02/12......07/27/12.......01/16/13.....01/23/13...(Early Bio 07/10)

KAYLALINN...........07/02/12........07/03/12......07/24/12.......01/18/13.....--/--/--...(Early Bio 07/13)

SEAN JOHN...........07/02/12........07/06/12......08/06/12.......--/--/13.....--/--/--...

SOM2199.............07/02/12........07/06/12......08/10/12.......01/22/13.....--/--/--...

MARIO&CATH..........07/03/12........07/14/12......08/02/12.......--/--/13.....--/--/--...

LEOLALIT............07/06/12........07/09/12......08/07/12.......03/01/13.....--/--/--...(Resched Bio 08/20)

NEVY................07/06/12........07/09/12......08/07/12.......--/--/13.....--/--/--...

FRAFRI..............07/09/12........07/10/12......08/03/12.......??/??/13.....03/08/13...

BRIT_LA.............07/09/12........07/11/12......--/--/12.......--/--/13.....--/--/--...

APP-GIRL............07/09/12........07/12/12......08/24/12.......--/--/13.....--/--/--...(Resched Bio 9/4 RFE rcvd 3/2 resent 3/7)

CHAZ AND RIGGS......07/11/12........07/11/12......08/03/12.......--/--/13.....--/--/--...(RFE received 03/08)

SSS8380.............07/11/12........07/12/12......08/15/12.......--/--/13.....--/--/--...

BARON555............07/11/12........07/14/12......08/06/12.......02/27/13.....03/07/13...(Resched Bio 08/22)

KWEENBEE............07/12/12........07/13/12......08/30/12.......--/--/13.....--/--/--...(Never received NOA and got it on 8/22 by service request)

ROLICHIN............07/13/12........--/--/12......08/20/12.......--/--/13.....--/--/--...(No NOA yet)

DEEPDAWG............07/13/12........--/--/12......--/--/12.......--/--/13.....--/--/--...

LIVESTRANGE.........07/16/12........07/18/12......08/16/12.......03/01/13.....--/--/--...(Early Bio 8/6)

IMMIBIE.............07/18/12........07/20/12......08/15/12.......02/26/13.....--/--/--...

KRAUTLAUS...........07/19/12........07/23/12......08/30/12.......--/--/13.....--/--/--...

KJMEL38.............07/20/12........07/23/12......08/27/12.......--/--/13.....--/--/--...

AMYKATHLEEN2005.....07/21/12........07/23/12......08/24/12.......03/06/13.....--/--/--...

LUKE AND AMBER......07/21/12........07/24/12......08/09/12.......03/04/13.....--/--/--...

KRISTINAKIKO........07/21/12........??/??/12......08/23/12.......03/07/13.....--/--/--...

FAHAD86.............07/23/12........07/30/12......08/30/12.......01/29/13.....--/--/--...(RFE received 12/17, responded 01/24)

RICKY1..............07/23/12........07/24/12......08/30/12.......--/--/13.....--/--/--...

ASAD1984............07/25/12........07/29/12......08/29/12.......--/--/13.....--/--/--...

LILACVIOLETIRIS.....07/27/12........07/31/12......09/07/12.......12/10/12.....12/12/12...

SOULJAH4CHRIST......07/27/12........07/30/12......08/31/12.......--/--/13.....--/--/--...

RANDYROB............07/27/12........07/30/12......08/23/12.......03/07/13.....--/--/--...

LIVIU&LARISA........07/27/12........07/30/12......08/17/12.......--/--/13.....--/--/--...

SAN DIEGO UTC ......07/20/12........07/30/12......08/17/12.......01/26/12.....--/--/--...

Vermont Service Center (27 applicants, 7 approved 26%)

VJName............Date of I-751.....NOA1 Date.....Biometrics.....Approved.....GC Received

MSHEESHA............06/??/12........07/02/12......??/??/12.......03/06/13.....--/--/--...

SENNIX..............07/02/12........07/05/12......07/31/12.......--/--/--.....--/--/--... [Early Biometrics 07/20]

KRYS & NOVA.........07/02/12........07/06/12......08/13/12.......--/--/--.....--/--/--...

JMD77...............07/02/12........07/??/12......08/21/12.......02/27/13.....--/--/--...

Nnnickusa...........07/02/12........07/11/12......--/--/--.......--/--/--.....--/--/--...

WWRIGHT.............07/03/12........07/09/12......08/08/12.......02/28/13.....--/--/--...

ANCKUTZA............07/03/12........07/10/12......08/07/12.......03/08/13.....--/--/--...

MOMOV31.............07/05/12........07/10/12......08/15/12.......--/--/--.....--/--/--...

RYANNTANYA..........07/06/12........07/09/12......--/--/12.......--/--/--.....--/--/--...

DES LOVES CINDY.....07/08/12........07/10/12......08/10/12.......--/--/--.....--/--/--...

KAYAEEL.............07/09/12........07/11/12......08/16/12.......03/07/13.....--/--/--...

DEB+STEVE...........07/10/12........07/13/12......08/10/12.......--/--/--.....--/--/--...(Early Bio 08/03)

J AND T.............07/10/12........07/13/12......08/06/12.......03/04/13.....03/08/13...

CHRIS_Жанна.........07/11/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

DCVA................07/11/12........07/13/12......08/13/12.......--/--/--.....--/--/--...

AJIGGLIN............07/11/12........07/16/12......08/27/12.......--/--/--.....--/--/--...

EASY_PEOPLE.........07/12/12........07/16/12......08/30/12.......--/--/--.....--/--/--...(Early Bio 08/18)

JOHNANWESHA.........07/13/12........07/17/12......08/16/12.......--/--/--.....--/--/--...

NAKSOWAH............07/16/12........07/19/12......08/24/12.......--/--/--.....--/--/--...

L&S.................07/17/12........07/20/12......08/20/12.......--/--/--.....--/--/--...(Early Bio 08/13)

CHURAWAN............07/19/12........07/23/12......08/29/12.......--/--/--.....--/--/--...

MARRIED2009.........07/20/12........07/23/12......08/24/12.......--/--/--.....--/--/--...

KABHATTI............07/20/12........07/24/12......08/24/12.......--/--/--.....--/--/--...

MSD.................07/24/12........07/26/12......08/28/12.......12/21/12.....--/--/--...(Military expedited)

HARSH_77............07/25/12........07/30/12......08/30/12.......--/--/--.....--/--/--...

W8N4U...............07/27/12........07/31/12......08/31/12.......--/--/--.....--/--/--...

MARK_SI_DEEA........07/30/12........08/11/12......09/07/12.......--/--/--.....--/--/--...

IMPORTANT!

* Make sure that your VJ Text Editor setting is set to Rich Text Editor. This can be located in the Settings of your VJ profile.

* Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.

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* Please PREVIEW before posting to make sure it is properly formatted.

* Please check that you have not deleted anyone's NAME & DATA.

Date of I-751 = The Date you sent your application

NOA Date = The Receipt Date on your original NOA letter

Biometrics = The Date of your biometrics appointment

Approved = The Date your case was approved

GC Received = The Receipt Date of your Green Card

* Please Capitalize your VJ Name when adding it to the list.

* Remember to update/recalculate the total counts, including number of applicants, number of approvals, and percentage approved, as needed.

* When you're on this list, please come back to update your information accordingly.

* If you cannot add your information yourself, please ask another VJ member to help you do so.

For clarification....All documents do need to be translated into English:

Any foreignlanguage document must be accompanied by a full English translation that thetranslator has certified as complete and correct, and by the translator'scertification that he or she is competent to translate the foreign languageinto English.

When we were at the US Embassy in Teguc, they did not care to see the translations, but you must first make it through all of the processing in the US, like the VSC and the NVC, before your documents are ever sent to the US Embassy. So, English translations must be included.

As usual this is a case of TSA not having a clue. The extension letter is all they are allowed to require. They have a culture of being unwilling to admit when they're wrong. Legal action or intervention by your senator or congressman might help. Under the Equal Opportunity act, your husband has a right to work without discrimination due to his permanent resident status. Good luck, you'll need it.

HMH33, you are so right. This is simply a lack of education about the law, and people not wanting to admit when they are wrong. We will take all of the luck that we can get.

Is there a reason why he couldn't just provide his driver's license and SSN? That fully covers you as long as the driver's license is valid, no need to provide a green card. And employer can't pick which evidence you're allowed to work YOU provide.

I never provided my GC for employment purposes - DL and SSN was perfectly ok. I just updated them upon getting my citizenship and they re-did my e-Verify - again, SSN and DL only.

Yes, my husband did provide his Texas Driver's license and "unrestricted" Social Security card, and we agree that this should have been enough. Still, the SIDA badge ID office insisted on seeing his Permanent Resident "green" card with a future expiration date.

When employers and other companies affecting the employment of work authorized individuals require more documentation than is necessary, or different documentation, such as specifically requiring to see a "green" card, this is against the law and is known as "Document Abuse". When they threatened to never issue his badge ID for asserting his rights, this was "Retaliation or Intimidation", and this is where the US Department of Justice (DOJ) will get involved.

The Office of Special Counsel forImmigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b. This federal law prohibits: 1) citizenshipstatus discrimination in hiring, firing, or recruitment or referral for a fee, 2) national origin discrimination in hiring, firing, or recruitment or referral for a fee, 3) document abuse (unfair documentary practices during the employment eligibility verification, Form I-9, process, and 4) retaliation or intimidation.

Here is a bit more from the DOJ about unfair documentary practices related to verifying the employment eligibility of employees. Employers may not request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating on the basis of citizenship status or national origin. U.S. citizens and all work authorized individuals are protected from document abuse.

If immigrants who are authorized to work in the US think that they may have been discriminated against on the basis of citizenship status or national origin, they can file a 2-1/2 page charge form with the US DOJ within 180 days of the alleged incident. Forms are available is several languages, and can be found online at http://www.justice.gov/crt/about/osc/htm/charge.php. There is no fee for filing this form. Upon receipt of a charge of discrimination, OSC investigations typically take no longer than 7 months. Victims may obtainvarious types of relief, including job relief (returning to work) and back pay. More information about this, including other cases that have been settled,can be found on the DOJ website at http://www.justice.gov/crt/about/osc/ Their Worker Hotline phone number is 1-800-255-7688.

I hope that this information helps someone else. Thanks again for all of the comments and suggestions. Please keep them coming.

Yeah, but also importantly, are the airline staff in some foreign airport going to be familiar with it? Because it is they who will decide whether to even allow you to fly to the U.S. in the first place.

Great point! This should also be considered.

Have you tried an expedaite of the 10 year card under that class of severe financial loss ?

Thanks for the suggestion. Filing under severe financial hardship is not really an option for us. My husband's job did not pay that much, and I am the USC and the I-864 financial supporter for my husband and stepson. This is really more of a personal hardship, because my husband wants to work soooo bad, and immigrants already have so many barriers to employment. This has really hurt his self-esteem.

KaashParinda,

since you guys applied at the CSC, you may receive the approval and green card before the trip to Germany in May 2013. The CSC is processing I-751 ROC about 3 months faster than the VSC. However, feel free to travel with the expired green card and NOA - extension letter. The Customs and Border Patrol (CBP) officers are familar with the extension letter and will allow re-enty into the US.

You can get an I-551 stamp in the Permanent Resident's foreign passport at the Local USCIS office for a couple of reasons, including if it is for a child / stepchild (CR-2) that is included as a rider on the Spouse's petition and the child needs an extension letter to travel separately, or to apply for a job or driver's license (because children are not given a separate extension letter, unless specifically requested after the first extension letter is received); if the extension letter of the CR-1 were lost or damaged, then the Local USCIS office would consider placing an I-551 stamp in the passport. However, please be aware that if the Local USCIS office provides an I-551 stamp, then they will take the expired green card. This is not negotiable. For some, this could make things more complicated. I hope this helps.

Hello fellow VJ'ers. My husband is a Permanent Resident (CR-1), and we timely filed our petition to remove conditions (I-751). Due to going through the VSC, we understand that we will have approx. 9-months to wait for approval of his 10-year green card (less than two months to go now). In the meantime, the DHS provided us the official extension letter (I-797 Notice of Action) to 'extend' his 2-year Permanent Resident green card for one year.

My husband acquired a job as a Wheelchair attendant at an airport. His employer is a service company at the airport, and to complete the job, my hubby needed a Secure Identification Display Area (SIDA) badge to assist and escort passengers. SIDA badges allow individuals to enter secure areas within an airport, and the Transportation Security Administration (TSA) requires US airports to screen individuals for security threats before issuing SIDA badges. My husband met all of the TSA requirements for the badging process, including a detailed background check, fingerprinting,criminal history, and passing a security knowledge test after taking a SIDA course. So, he was issued a SIDA badge and was able to start working, but only for a few months due to the badge's short-term expiration date.

Typically, SIDA badges are issued for one year periods. Representatives at the Airport badge ID office stated that a short-term approval was issued, as a courtesy, until my husband's new Permanent Resident "green" card arrived, which they stated, typically "takes six months". They went on to explain that this is their policy for permanent residents who are in the process of renewing a green card, because the extension letter is not acceptable for employment authorization. When we asked for a list of documents that is acceptable for TSA purposes, we were given a copy of the Form I-9 and its instructions.

My husband had already provided his Honduran passport, his expired I-551 green card with the extension letter, an original "unrestricted" Social Security card, and his Texas driver's license. We followed up with polite and professional correspondence explaining that the "unrestricted" Social Security card and the extension letter are both "List C" documents for the Form I-9 that supports employment eligibility, and we also provided an original copy of the Handbook for Employers – Instructions for Completing Form I-9 (M-274) published by the USCIS. My husband's employer agreed that he had provided all of the necessary documentation and also went to the badge ID office to plead his case. In a response, the representative at the badge ID office stated that he would renew the SIDA badge as soon as my husband was able to provide his new green card or some other List A document.

So, we went to the Local USCIS office to request an I-551 stamp in his Honduran passport. Since we had the extension letter, the Local USCIS office refused to give us the stamp, and told us to get the request from the Airport badge ID office in writing. We got it in writing, made another appointment at the Local USCIS, and requested the I-551 stamp again. They again refused, stating that we had everything that we needed to prove my husband's right to work in the US, which we already knew.

So, since the SIDA badge expired, my husband is no longer allowed to work. Therefore, we escalated our correspondence by going up the chain of command at the airport. We even suggested that they check with any of the Customs & Border Patrol (CBP) agents at the airport who could validate that the extension letter issued by DHS was legitimate or that they use e-Verify to confirm my husband's employment eligibility. This additional correspondence was not received well, and they threatened that if our correspondence did not stop, that my husband would never receive renewal of his SIDA badge.

We called the Civil Rights Division of the US Dept. of Justice, and after saying " ", they suggested that we file a claim so that an official investigation

could occur because they are keeping him from working. The options that we are currently considering include hiring an attorney, filing a claim with the Dept. of Justice Civil Rights Division, calling news stations, writing Congressmen, etc. However, my husband liked his job, and really wants to return to work. Does anyone have a similar experience, or any ideas on what to do?

California Service Center (29 applicants, 5 approved 17%)

VJName............Date of I-751.....NOA1 Date.....Biometrics.....Approved.....GC Received

SCHWARTZE...........??/??/12........07/02/12......07/27/12.......01/16/13.....01/23/13...(Early Bio 07/10)

KAYLALINN...........07/02/12........07/03/12......07/24/12.......01/18/13.....--/--/--...(Early Bio 07/13)

SEAN JOHN...........07/02/12........07/06/12......08/06/12.......--/--/--.....--/--/--...

SOM2199.............07/02/12........07/06/12......08/10/12.......01/22/13.....--/--/--...

MARIO&CATH..........07/03/12........07/14/12......08/02/12.......--/--/--.....--/--/--...

LEOLALIT............07/06/12........07/09/12......08/07/12.......--/--/--.....--/--/--...(Resched Bio 08/20)

NEVY................07/06/12........07/09/12......08/07/12.......--/--/--.....--/--/--...

FRAFRI..............07/09/12........07/10/12......08/03/12.......--/--/--.....--/--/--...

BRIT_LA.............07/09/12........07/11/12......--/--/12.......--/--/--.....--/--/--...

APP-GIRL............07/09/12........07/12/12......08/24/12.......--/--/--.....--/--/--...(Resched Bio 09/04)

CHAZ AND RIGGS......07/11/12........07/11/12......08/03/12.......--/--/--.....--/--/--...

SSS8380.............07/11/12........07/12/12......08/15/12.......--/--/--.....--/--/--...

BARON555............07/11/12........07/14/12......08/06/12.......--/--/--.....--/--/--...(Resched Bio 08/22)

KWEENBEE............07/12/12........07/13/12......08/30/12.......--/--/--.....--/--/--...(Never received NOA and got it on 8/22 by service request)

ROLICHIN............07/13/12........--/--/12......08/20/12.......--/--/--.....--/--/--...(No NOA yet)

DEEPDAWG............07/13/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

LIVESTRANGE.........07/16/12........07/18/12......08/16/12.......--/--/--.....--/--/--...(Early Bio 8/6)

IMMIBIE.............07/18/12........07/20/12......08/15/12.......--/--/--.....--/--/--...

KRAUTLAUS...........07/19/12........07/23/12......08/30/12.......--/--/--.....--/--/--...

KJMEL38.............07/20/12........07/23/12......08/27/12.......--/--/--.....--/--/--...

AMYKATHLEEN2005.....07/21/12........07/23/12......08/24/12.......--/--/--.....--/--/--...

KRISTINAKIKO........07/21/12........??/??/12......08/23/12.......--/--/--.....--/--/--...

FAHAD86.............07/23/12........07/30/12......08/30/12.......--/--/--.....--/--/--...(RFE received 12/17)

RICKY1..............07/23/12........07/24/12......08/30/12.......--/--/--.....--/--/--...

LILACVIOLETIRIS.....07/27/12........07/31/12......09/07/12.......12/10/12.....12/12/12...

SOULJAH4CHRIST......07/27/12........07/30/12......08/31/12.......--/--/--.....--/--/--...

RANDYROB............07/27/12........07/30/12......08/23/12.......--/--/--.....--/--/--...

LIVIU&LARISA........07/27/12........07/30/12......08/17/12.......--/--/--.....--/--/--...

SAN DIEGO UTC ......07/20/12........07/30/12......08/17/12.......01/26/12......--/--/--

Vermont Service Center (21 applicants, 1 approved 5%)

VJName............Date of I-751.....NOA1 Date.....Biometrics.....Approved.....GC Received

SENNIX..............07/02/12........07/05/12......07/31/12.......--/--/--.....--/--/--... [Early Biometrics 07/20]

KRYS & NOVA.........07/02/12........07/06/12......08/13/12.......--/--/--.....--/--/--...

Nnnickusa...........07/02/12........07/11/12......--/--/--.......--/--/--.....--/--/--...

ANCKUTZA............07/03/12........07/10/12......08/07/12.......--/--/--.....--/--/--...

MOMOV31.............07/05/12........07/10/12......08/15/12.......--/--/--.....--/--/--...

RYANNTANYA..........07/06/12........07/09/12......--/--/12.......--/--/--.....--/--/--...

DES LOVES CINDY.....07/08/12........07/10/12......08/10/12.......--/--/--.....--/--/--...

KAYAEEL.............07/09/12........07/11/12......08/16/12.......--/--/--.....--/--/--...

DEB+STEVE...........07/10/12........07/13/12......08/10/12.......--/--/--.....--/--/--...(Early Bio 08/03)

CHRIS_Жанна.........07/11/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

DCVA................07/11/12........07/13/12......08/13/12.......--/--/--.....--/--/--...

AJIGGLIN............07/11/12........07/16/12......08/27/12.......--/--/--.....--/--/--...

JOHNANWESHA.........07/13/12........07/17/12......08/16/12.......--/--/--.....--/--/--...

NAKSOWAH............07/16/12........07/19/12......08/24/12.......--/--/--.....--/--/--...

L&S.................07/17/12........07/20/12......08/20/12.......--/--/--.....--/--/--...(Early Bio 08/13)

CHURAWAN............07/19/12........07/23/12......08/29/12.......--/--/--.....--/--/--...

MARRIED2009.........07/20/12........07/23/12......08/24/12.......--/--/--.....--/--/--...

KABHATTI............07/20/12........07/24/12......08/24/12.......--/--/--.....--/--/--...

MSD.................07/24/12........07/26/12......08/28/12.......12/21/12.....--/--/--...(Military expedited)

HARSH_77............07/25/12........07/30/12......08/30/12.......--/--/--.....--/--/--...

W8N4U...............07/27/12........07/31/12......08/31/12.......--/--/--.....--/--/--...

MARK_SI_DEEA........07/30/12........08/11/12......09/07/12.......--/--/--.....--/--/--...

IMPORTANT!

* Make sure that your VJ Text Editor setting is set to Rich Text Editor.

* Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.

* Please DO NOT change the font, font size, add colors, stuff like that.

* Please PREVIEW before posting to make sure it is properly formatted.

* Please check that you have not deleted anyone's NAME & DATA.

Date of I-751 = The Date you sent your application

NOA Date = The Receipt Date on your original NOA letter

Biometrics = The Date of your biometrics appointment

Approved = The Date your case was approved

* Please Capitalize your VJ Name when adding it to the list.

* When you're on this list, please come back to update your information accordingly.

* If you cannot add your information yourself, please ask another VJ member to help you do so.

In case this helps….the combination of the expired Green Card (I-551) and the Form I-797 Notice of Action that extends the validity of your Green Card for another year (extension letter) is an acceptable List C document that is evidence of employment authorization. In other words, within the List of Acceptable Documents in the Form I-9 Instructions, this is item #8 - Employment Authorization document issued by the Department of Homeland Security under column C.

The Hanbook for Employers – Instructions for Completing Form I-9's Employment Eligibility Verification Form (M-274) provides guidance on how to properly complete Form I-9, answers frequently asked questions about the law as it relates to Form I-9, and includes illustrations of Acceptable Documentsfor verifying Employment Authorization and Identity (pages 53-63).

Go to this link for an electronic copy of the Handbook for Employers. To order a print copy ofthis Handbook by telephone, call the USCIS Forms Request Line toll-free at1-800-870-3676.

Excerpt from page 9 of the Handbook for Employers:

Lawful permanent residents and conditional residents may be issued temporary I-551 documents. These documents are acceptable for Form I-9 as follows:

1. If an employee presents an expired Permanent Resident Cardalong with a Form I-797, Notice ofAction, that indicates that the card is valid for an additional year, this combination is acceptable List C evidence of employment authorization for one year as indicated on Form I-797. At the end of the one-year period, you must reverify.

2. If an employee presents a foreign passport with either a temporary I-551 stamp or I-551 printed notation on a machine-readable immigrant visa (MRIV), you must reverify when the stamp or MRIV expires, or one year after the issuance date if the stamp or MRIV does not contain an expiration date.

3. If an employee presents the arrival portion of Form I-94/I-94A containing an unexpired temporary I-551 stamp and a photograph of the individual, this combination of documents is an acceptable List A receipt for the Permanent Resident Card. The employee must present his or her PermanentResident Card to the employer no later than when the stamp expires, or one year after the issuance date of the Form I-94 if the stamp does not contain an expiration date.

Hey Chris and Joy, the Biometrics appointment letter (ASC Appointment Notice - Form I-797C) is important for a couple of reasons. It has the receipt number in order to check your case status. (I know, it is frustrating that the initial NOA letter, that extends your green card, has a different receipt number on it.) The Biometrics appointment letter is also important, because it will be useful if you try to 'walk-in' at the local ASC so that your biometrics can be taken early, and the letter also includes instructions on how to reschedule a Biometrics appointment, including a mailing address (which could be different than your local ASC). Since my husband and step-son were traveling outside of the US during our first appointment date, I followed the instructions on the ASC Appointment Notice to request that our appointment be re-scheduled. Since there was no place to request a specific date on the Notice, I explained our situation and asked for a specific date range in my cover letter. To my surprise, this worked! Within one week of my request, I received an updated Biometrics appointment letter with a new date during the timeframe that I requested. Hang in there, and good luck to you!

- KayaEel

Divina24,

go ahead and get your medical done now, but take your interview letter with you. Good luck!

Hey BigJohn,

I think that there may be a mis-communication here. I am the US citizen (USC), and I was referring to my boarding passes for my multiple trips to visit my husband in his home country before, and after, we were married. This was just another way for us to prove that we have a real (bonafide) relationship, since he could not visit me in the US. Thanks for the question though, because it reminded me that I also sent in a photocopy of my complete US passport with the stamps from my husband's home country with our original I-130 petition. (just another form of proof)

I hope that this is helpful.

I have experience similar to yours, including government forms and representing myself. I did everything myself after an initial consultation with an attorney. After doing some research on VJ, I felt like I knew more than the attorney, especially when he had to look up some answers. If you have a difficult case, like the applicant has ever been in the U.S. illegally or has a criminal record, then an attorney is totally necessary. However, if your case is typical, then you can do everything yourself with the help of the VJ guides, FAQ's, and other members. It is NOT easy, but you may actually be able to speed up your process because you will stay on top of it more than an attorney might. IMHO

Good luck!

I agree with the above responses. You could also complete a spousal affidavit, from yourself. Another form of proof of bonafide marriage (to be presented at the Consulate interview) will be copies of your original boarding passes for flights and any other receipts for your trips to visit each other, or trips that you took together. I had an entire binder at our interview with a divider tab listing the trip dates and support for each trip behind the divider, like original boarding passes, travel itineraries, lodging and food receipts, photographs, etc. The folks at the Consulate may several comments on how impressed they were with it. It was actually so big, that it barely fit through the slot under the glass window.

Have a wonderful wedding!

Hello again Divina24,

You are correct. Many of the original documents required at the Consulate interview were already sent to the NVC, so the Consulate should have them with your package. I wanted to be extra safe, so I did collect additional original copies of several documents like the long forms (forma literal) of our marriage certificate and my husband’s and (step)son’s birth certificates. I did not bring another original police certificate, but I did have photocopies of everything. Since you are a DCF filer, I think that the NVC does not review the documents as closely, but I am not sure. This could speed up your process, but it could also slow things down later if you do not have the correct and complete documents at the initial (and hopefully, only) interview at the U.S. Consulate.

Please make a note to have original copies of the petitioner’s documents with you at the interview as these were not requested by the NVC. This would include the petitioner’s original birth certificate (if they are NOT attending the interview), the petitioner’s passport (if they are attending the interview), and a copy of the petitioner’s latest tax return if it was not sent in with the I-864. Copies of their latest pay stubs may also be helpful.

Our Packet 3 included a cover letter stating that the immigrant visa processing payments had been received, and it gave instructions to continue applicant processing by sending in the DS-230 form, I-864 form, and all required documents.

Our Packet 4 included our appointment letter which listed the interview date, a checklist of items to bring to the interview, a listing of the documents received for applicant processing and the status of each document.

Read the VJ guides, as they are life savers. Hang in there. The waiting was the toughest part for me.

Jess and Daniel,

After our interview date was set by the NVC, I e-mailed the U.S. Consulate to request an earlier interview date once a week for two weeks. They were responsive, but told me that they couldn’t accelerate my date, but to try back the following week. I understand that some folks have tried calling the Consulate in Honduras, but they were unsuccessful at getting through to a live person. Then, I took a BIG risk and booked a flight to go to the U.S. Consulate in person several weeks before our interview date was scheduled.

Since I am a U.S. citizen, they had to let me in the building, and I used my U.S. passport as identification. In Honduras, the immigrant visa section opens their processing windows to U.S. citizens for questions or to drop off additional documents related to their case. This occurs only once a day at 11am on Monday – Thursday, and no other time. This schedule was published on their website. So, I went there at 10am, and politely waited in the waiting area until 11am. When I approached the window, I gave them copies of our appointment letter, held photos of my (step)son up to the glass, and begged for an earlier appointment due to the Fall school session is the U.S. starting on the same day as our originally scheduled interview date. The lady looked up our case and the interview schedule, and after a few minutes that seemed like forever, she offered to re-schedule us for 2 business days later. I accepted, and she made a handwritten note on each appointment letter with her initials and then updated the system. We then used the appointment letters with her notes when we arrived at the Consulate for our interview.

This was certainly a risk, and it cost a lot of money to book the flight, and pay for the hotel stay, even when they could have easily denied my request. In that case, I would have just flown home, and returned for our originally scheduled appointment. Since we didn’t have the medical exam done yet, we had to get that done immediately. One more thing, the acceleration of our interview date could have been a problem if our documents had not arrived yet from the NVC. On the day of our interview, they initially told us that our documents had not arrived yet, but they later found them after we begged them to keep looking. It was also helpful that I had a copy of the DHL shipping information, therefore, I also knew who signed for our package there. Thank you VJ!

I am not familiar with the Consulate in England, but it may be worth a try if you can afford the additional cost and time away from work. Good luck to you.

Hello Divina24,

take a look at my timeline below. I understand that the NVC has been backed up with mail recently, so it takes awhile for them to even open your package. I sent our last paperwork to the NVC on May 15th, and our case was closed on June 4th. Also, from watching the interview schedules at the US Consulate in Honduras (go to http://honduras.usembassy.gov/iv.html to preview), they are getting busier and busier as the number of cases listed per day is increasing every month. Our interview date was assigned on July 13th, but our file was not sent out from the NVC to the Consulate until July 23rd.

This should give you a sense of how to forecast your own timeline. However, I was able to change (accelerate) our interview to 3 weeks earlier by going to the US Consulate in person (I am a USC and the Petitioner). Our original interview date was Aug 23rd, but we were able to get an interview on Aug 2nd instead. The medical appointment will only take one day as long as you start early in the morning, and there are no problems. I recommend going to Dra. Elisa Carrasco at The Honduras Medical Center.

As long as your paperwork at the NVC is all good and complete, they will close your case, and your interview date will likely be in mid-November 2010. Be sure that the Honduran documents (birth & marriage certificates) that you take to the interview are in forma literal (the long form). Best wishes to you.

Hey Catracho,

my heart goes out to you and your whole family. I do not remember where I read or picked up on it, but I have copies of my (Petitioner's) certified divorce decree and my original birth certificate already placed in my papers to take to the interview with me. I understand that things usually go smoother when the Petitioner is at the interview. Maybe additional documents were requested because you were not there in person? but, hey man, do NOT feel guilty. You are in school, and trying to make a better life for your family's future.

I am actually here in Teguc (Honduras) right now, and I was at the U.S. Embassy today. Talk about taking a gamble...I came down to request an earlier interview date in person, and they gave it to us. This was after several pleas and denials by e-mail over the past two weeks. Our interview is next week now, and my husband and step-son are joining me here from their island tomorrow. I have gotten this far due, in part, to your counsel, advice, and trials and tribulations. Hang in there, and let me know if there is anything that I can do to help you.

Whenever I have gotten down about this process, my husband always reminds me that things that are worthwhile do not come easy, like immigrant VISA's, medical school, etc. This is why everyone does not make it through it. If it's worth having, then it's worth the hard work. I am just not sure that this accounts for the stress and frustration, so I like the saying about 'carrying all of this weight will make me and us stronger.' Best of luck!

Hello there, attached is a copy of my spousal affidavit (in sample form), and our journey seems to be moving along. I hope this helps you, and others. Good luck!

Sample Spousal Affidavit.doc