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  1. Confused
    Radkova got a reaction from junkmart in Apply before medical exam   
    No you cannot. You will get an RFE and if you cant send it on time then you will be deny and will have to reapply. You'd be wasting your money!
  2. Like
    Radkova reacted to geowrian in Interview after divorce   
    1) Limit unsupervised contact. You don't want him to even try to claim abuse. Somebody who deceives and lies like described is probably willing to do anything to get what they want.
    2) Contact USCIS to withdraw your I-864. No I-864 = AOS cannot be approved. This will need to be in written form, or you can schedule an InfoPass appointment to do so in person.
    3) No show at the interview = they won't approve AOS. You could appear, withdraw the I-864, and explain the situation there but it seems like an intense situation may develop.
    4) Material misrepresentation on an immigration form is a permanent bar. If you have evidence of any of the false information submitted, you can submit that as well. It won't hurt to submit evidence of the divorce as well.
    5) Bigamy is a crime.
  3. Like
    Radkova reacted to ChibiBeckyG in Abandon pending AOS consequences future visits US   
    Your marriage isn't so much the issue as is the fact you came into the US on a 90 day Visitors Visa and overstayed it. It might not be so much an issue if you had legally gotten a fiance visa. But the ESTA isn't going to take into consideration your failed marriage, because you were not supposed to use the ESTA that way in the first place. People will be less sympathetic here, because you effectively skipped the queue - you said your husband is 3 years away from retirement, so you were both old enough to have some idea that immigration isn't just a case of "oh I'll just stay here and get married"

    I was 19-20  when I first looked into what I would need to do to marry my partner 10 years ago. Really no excuse for using the visitor visa for getting married and then going "lol made a mistake!" and your husband really should of cared more about your legal status, rather than rushing things in such a careless and selfish fashion. 

    If you leave within 180 days of your overstay then you could avoid a ban, but you will always have issues applying for the ESTA in future and probably will have longer waits in passport control as I imagine they will be less keen to pass you though without question. When you entered the US you made a promise to stay only 90 days, you broke that trust and it will always be on your record. 

    I've had to do an interview once when I accidentally gave off the idea I might stay beyond the ESTA by calling my partner my fiance on entry. US Passport Officials will keep you long as they want till they are satisfied you are not overstaying and are not obligated to be nice about it. 

    Leave after 180 and you are absolutely getting a ban for at least 3 years. So personally I would make sure you leave before then if you are really that unhappy. If things are so bad that you had to go into counselling this quick, then he's absolutely not worth chancing a 3 to 10 year ban from travelling to the US and any future issues that would result from that. 

    Also please, please if you leave to go back home, review this relationship and take time for yourself. This does not sound like a good relationship, and yet you are giving this person chances when he's already saddled you with a host of issues that will always be on your record. Be with family, and if the topic of doing CR1 does come up then don't feel like you have to do it because you are married. 

    If your already in counselling within this short of time, it's really not worth it. Go home, detangle yourself and in future don't marry guys who propose on the first meeting. 
  4. Like
    Radkova reacted to geowrian in Abandon pending AOS consequences future visits US   
    You VWP/ESTA days are permanently gone due to even 1 day of overstay. You will need a visa to visit in the future.
    Whether or not you will be issued said visa depends on your circumstances at the time you apply. I would not expect anything in the near future.
  5. Like
    Radkova reacted to BritAbroad2015 in Discrimination EAD Card   
    Wow.... the worker hotline moves fast.
    A lady called me and said she spoke to my employer and they will be offering me the job. She said she told them they couldn't not hire me because it was an EAD. She also said importantly, if I were to receive any retaliation from the company once I start there then I should contact them and gave me her direct number.
    I have yet to receive the phone call from my employer to re-offer me the job.... hoping this comes soon. I'd hate to say that this process has left me a little skeptical. But here's hoping I receive a call from my future employer.
    Its nice to know that we do have some sort of protection when things like this happen.... we all play by the rules and sacrifice a lot to be with our spouses. I gave up a job I loved back home and whilst the process on getting a job here in the USA hasn't been hiccup free... I'm hoping this to be the end of the saga.
    I really appreciate everyone's feedback, it gave me the confidence to not roll over and accept this. I would encourage anyone who stumbles upon this thread if you are experiencing a similar situation then call the worker hotline and get them to help. I'm sure a call from Washington DC as opposed to me explaining an EAD definitely held more weight with the HR team.
    Thanks once again!
  6. Like
    Radkova reacted to arken in Renewing Expired EAD   
    Waaat!! Your wife already got a GC and you are worried about her EAD??? Just throw that out or forget.
  7. Like
    Radkova reacted to Qian in Expeditious Naturalization (INA319B)-A Complete Experience Report   
    319B category still seems to be rather unfamiliar by many, even by who are eligible for, especially non-military applicants.
    I had been looking for 319B (civilian) info on the internet with very little luck. Few posts I found was from years ago, so I decided to share my experience with up-to-date info, document list, procedure, and even quote of T2 officers' email,  to contribute my part in return of the great support I have got from VisaJourney. As well as for the future 319B applicants’ references.
    I was a 6 months conditional LPR when I applied for citizenship, and I became a US citizen in 3.5 months. I applied for both of my Green Card and citizenship from overseas. A few attorneys I had consulted with didn't want to take my case because “I don’t live in the States”. Thanks to USCIS website and Visa Journey, I managed to do it myself without any glitches.
    If you are a spouse of a US citizen employed abroad, you might be eligible for the expeditious naturalization under INA319B too.
    So, here’s the information and I hope it helps.
    My category, 319B is for the spouse of USC employed aboard in qualifying employments.
    First, timelines
    Married: Jan 07 2017
    I-130 NOA1: Apr 19 2017
    GC date: Jun 23 2018
    N-400 NOA: Dec 24 2018 (Day 1)
    Interview scheduled: Mar 5 2019  (Day 71)
    Interview scheduled for: Mar 26 2019 (Day 92)
    Oath scheduled: Mar 29 2019
    Oath: Apr 11 2019  (Day 108)
    Second, a few key points when filing:
    -      LPR at the time of filing N-400
    -      Married more than one year when filing, and remain in a bona fide marital reunion with the USC spouse up until the Oath
    -      The USC spouse works for an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof (* Note #1)
    -      The qualifying employment is scheduled for at least one year at the time of filing 
    -      No pending I-751
    -      Free to choose the location for interview within the U.S.
    -      No requirements in terms of continuous residence and physical presence within the U.S.
    -      No need to file I-751 if the Oath happens before the 90 days window of  lifting of conditions (if you have reached 90 days, or have pending i751, you will have to do ROC first)
    -      Be present in the U.S. for the interview and oath
    -      Depart the U.S. and live with the USC spouse within 45 days after naturalization
    -      Do NOT forget TWO photos and TWO sets of fingerprint cards in a sealed envelop
    NOTE #1: “engaged in whole or in part in the development of foreign trade and commerce of the United States” is the trickiest part. Translation: Not all US companies’ overseas assignment posts are qualified. The key factor is that whether the nature of the overseas assignment benefits the US or not.
    For example, if a US company with thousands employees is manufacturing generators in Asia and sells them to the world, and the revenue goes back to the Asia entity, that might not qualify. Whereas if the US manufacturing company makes high-end audio components in the States, and the employee in Asia is to develop the Asian market, that would qualify. Also, if a US engineer consultancy firm only with 5 employees to provide consultancy services in Asia and send the production work back to the States, it would qualify.
    Third, my document list
    -      Forms: N400, I551, etc.
    -      Supporting documents (general, all photocopies): cover letter (* NOTE #2), Passports (both parties), birth certificates, marriage certificates, divorce decree, police clearance cert
    -      Supporting documents(employment): company letter(*NOTE #3), business license, offer of employment(*NOTE #4)
    -      Supporting documents(overseas residency): lease, bills, tax returns, local bank accounts, etc.
    -      Supporting documents (intention of re-establishment of US residency (*NOTE #5)): property deed, bills, US bank account statements, etc.
    NOTE #2 Cover letter contains: why you qualify for 319B and proof, your intention of residing with you USC spouse and proof,  your intention of re-establishing residency in the US after your spouse’s oversea assignment
    NOTE #3 Company letter contains: the nature of the company, if the company is wholly or partially owned by the US, the nature of the employee’s employment and overseas assignment, anticipated period of the overseas assignment, a mention of the name of the spouse to be naturalized
    NOTE #4 Offer of Employment, focus on the job description (how the employee’s job is benefiting the US economy), the duration of the overseas post (must be over a year from the time of N-400 filing)
    NOTE #5 To show your intention of re-establishing your US residency, you need to write up a statement stating so. Ideally accompanied by supporting documents, such as, US saving accounts, property purchase, pension savings, etc.
    Forth, the procedure
    (This is mine-applying from overseas. Cases may vary)
    1.    Submit your application- N400 along with supporting documents
    (Read the N400 instructions on USCIS website to determine where to send)
    2.    If you send TWO sets of fingerprint cards, you might be OK (depending on countries where you send from)
    3.    USCIS might send you a RFE to request FD258 (FBI specified fingerprint cards with an envelop to seal the cards) with instructions on where to send back
    4.    Go to a USCIS international field office, or embassy, or a police station where directed by the embassy, to get fingerprints taken. Enclose the cards in an envelop with signature and seal on the flap
    5.    Wait…
    6.    USCIS would contact you, and ask you to pick a date and time for interview
    In my case, I got an email from a Tier 2 officer asking me to indicate a date and time that I’m available for interview (*NOTE#6)
    7.    Get on the plane for your interview
    8.    They might give you the result after interview or not (depending on if your interviewer has the authority to approve your case)
    Mine didn’t get a result after the interview because “you case is uncomment, we need more review”
    9.    Three days later, I got a call from USCIS (Dallas) that they have date and time for me 
    10.I changed my ticket and attended my Oath Ceremony. The officer was still a little confused at the check-in seeing my conditional Green Card and without a ROC. 
    So, I was asked to sit aside while other candidates were seated for the ceremony, when the officer went back to the office to search my case in the computer. But she came back in time and let me in for the ceremony. 
    NOTE #6, document check list from the T2 officer 
    Once the interview was scheduled, the officer kindly sent me an additional document check list- addition to the general list on the interview letter. See below:
    (Luckily, nothing was new than I had already submitted, so I just brought the originals with me. At the interview, the interviewer didn't even go through the documents, simply checked if everything was there, and scanned them (I guess) for the supervisor to review.)
    US spouse birth certificate
    Marriage certificate
    Statement from employer that includes the following:
    ·         Name and nature of employer
    ·         Employing entity is owned in whole or in part by the United States
    ·         Employing entity is engaged in whole or in part in the development of the foreign trade and commerce of the United States
    ·         Nature of the activity/duties of the US citizen and spouse
    ·         Anticipated period of employment abroad
    Category of Qualifying employment abroad
    Last, now you are a citizen but you have to leave the US right away
    We booked the tickets back to Singapore for the interview and had to change it for the Oath. 
    Our departure date was 2 days after the ceremony, and my tickets were booked under my old passport and name.
    So, I made an appointment for passport with the embassy as soon as I got the oath date, and I decided to leave the US using my old passport.
    At the airline check-in, they DID ask about my green card, which never happened before when I left the US. I think there must be some sort of remarks on my documents that the airline can see, like “the traveller’ s GC has been cancelled”.  Luckily, they were understanding enough to let me go with my old passport.
    I applied my passport in the US embassy in Singapore yesterday.
    The officer there was also confused that why I didn’t apply in the US, and how comes I got my citizenship while living in Singapore. But when I explained the 319B category, everything just came together.
    So, there you have it, the complete guide/experience of 319B for non-military applicants.
    My package has travelled to many places and managed to get to where and whom it needed to go. My biggest conclusion/take-away from this immigration process is that the system is quite established, reasonable, and fair, and if you follow the rules and the instructions, you will get there.
    Please, my fellow applicants, have confidence and faith in the process, and be patient. 
    If anyone has any questions, I would love to help wherever I can.
    Best luck to you all! God bless. 
  8. Like
    Radkova reacted to yuna628 in School Paper - Should illegal immigrants (documented and undocumented) be given pathway to US Citizenship?   
    Personally I believe that children brought here through no fault of their own and identify as American should be given a pathway. There are some Libertarians that go further, but that's what I'm currently limited to.
  9. Like
    Radkova got a reaction from Butterfly83 in N-400 October 2018 Filers   
    I wore a black skinny jeans, floral shirt with a blazer and a black flat. Tomorrow is my oath and i have no idea what I'm wearing. Hmm whatever lol
  10. Like
    Radkova got a reaction from NeedMoreCoffee in N-400 October 2018 Filers   
    I did wait over 3 weeks before they could schedule me. Have patience my friend!!
  11. Like
    Radkova reacted to jkstark in Certified copy of naturalisation certificate   
    While I understand that there are times where a certified copy is needed, and this account of how to get one is appreciated, I am both surprised and concerned that an employer may be asking for any copy of the certificate.  Obviously, I have no idea what other documents you already may have, but assuming that you already have a passport, there should be no requirement for any copy of the certificate. 
    Employers are not permitted to pick and chose what documents you use to provide proof of eligibility of employment - so for instance if you have a passport, that is legally all you need.
    There may obviously be certain specific employers who have requirements for citizenship that is not tied to employment eligibility, so in those cases having some kind of documentation might be potentially acceptable.  However, the US passport is considered prima facie proof of citizenship, making the requirement for a copy of the naturalization certificate seem *very* odd to me.
    Each case may be different, but in general, an employer should not ever have to see your naturalization certificate from all that I can tell...
  12. Thanks
    Radkova got a reaction from MK108 in I-751 and N-400 simultaneous decision?   
    In your case they wouldnt because you literally sent in your application. You have Biometrics, background check. Are you even prepared for your civic?
  13. Like
    Radkova reacted to NeedMoreCoffee in N-400 October 2018 Filers   
    I can feel your excitement all the way in California congratz man! so jealous!
  14. Like
    Radkova reacted to Nikolas2017 in N-400 October 2018 Filers   
    N-445, Notice of Naturalization Oath Ceremony on april 12)))))))
    same time and same city)))))
  15. Like
    Radkova reacted to a.t.j24 in N-400 October 2018 Filers   
    Just got my Oath Ceremony notice! Friday April 12th! The end is SOOOOOO close!
  16. Like
    Radkova got a reaction from GoodbyeGirl in N-400 October 2018 Filers   
    10-24-18 Receive N400 application
    11-05-18 Biometrics 
    03-05-19 Interview- Approved
    03-25-19 Oath letter was mailed
    San Diego.
    I'm assuming my oath ceremony will be for the month of May! Aaaaaah so excited!

  17. Sad
    Radkova reacted to Amhara in N-400 DECEMBER 2018 filers   
    For just the interview.  The oath ceremony adds more time for Dallas
  18. Like
    Radkova reacted to afrocraft in Disaster in Today's Citizenship Interview   
    Wow. So sorry for your ordeal. Once you've received your naturalization certificate, I urge you to continue to press your complaint against this USCIS officer as far as legally possible. I realize the easy thing to do is to just let it go and get on with your life as a citizen, but you'd be doing a great service to others like you who get mistreated because of some pre-existing bias.
    It's the American way: making sacrifices for a better future, bending the arc of the moral universe toward justice one complaint at a time, and helping to forge a more perfect Union.
  19. Like
    Radkova reacted to dburnt in N-400 June 2018 Filers   
    Could someone please update my information?  I received my interview letter on Jan 9.  My interview was on Feb 27.  My approval notice was issued on Feb 28.  On March 2, I received notification of my ceremony, and today, March 8, I had my oath ceremony.  I am officially an American!!! 
    Good luck to everyone on their journey.
  20. Like
    Radkova got a reaction from GoodbyeGirl in N-400 October 2018 Filers   
    Can't wait to close this chapter. I'm in San Diego.

  21. Like
    Radkova got a reaction from Knockturn Alley in N-400 October 2018 Filers   
    Can't wait to close this chapter. I'm in San Diego.

  22. Like
    Radkova got a reaction from Kathryn41 in We had so many suspicious looking fact but interviewer just didnt care. alla botu chemistry when they meet you!!!   
    you people are so freaking judgmental!! do you know how many have used a made up SSN and still got their GC. PLENTY!! he didn't claim to be a US citizen, the made up SSN might belong to someone or it might not. I'm not saying it was the right thing to do but it is what is.. Move on!!
  23. Like
    Radkova got a reaction from Stuart and Thea in We had so many suspicious looking fact but interviewer just didnt care. alla botu chemistry when they meet you!!!   
    you people are so freaking judgmental!! do you know how many have used a made up SSN and still got their GC. PLENTY!! he didn't claim to be a US citizen, the made up SSN might belong to someone or it might not. I'm not saying it was the right thing to do but it is what is.. Move on!!
  24. Like
    Radkova got a reaction from isa30 in We had so many suspicious looking fact but interviewer just didnt care. alla botu chemistry when they meet you!!!   
    you people are so freaking judgmental!! do you know how many have used a made up SSN and still got their GC. PLENTY!! he didn't claim to be a US citizen, the made up SSN might belong to someone or it might not. I'm not saying it was the right thing to do but it is what is.. Move on!!
  25. Like
    Radkova got a reaction from kabug in AP Denied; EAD on process; AOS Approved   
    if your AOS was approved then your good. No need to freak out. Now all you have to do is wait. If you're traveling outside the US, all you need is a valid passport and your GC. for work all you need is the GC... Congrats!!!
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