Dave&Roza

There is no such thing. Emergency AP would only have been an option if they've filed for AOS first.

You cannot get AP aboard. You have to be in the US to apply for it and you have to receive it before you can leave.

I know that. What I said was go to the Consulate and see if they would grant the OP a travel document to enter the US. Maybe the Consulate would consider the circumstances and issue the travel document as if they qualified for emergency AP by the USCIS. The only option for the OP besides filing for a spousal visa is to see if the Consulate will grant them a travel document so she can re-enter the US. Once in the US she could file for AOS.

OP: Just remember that the Consulate and the USCIS are two separate departments under the DHS and they have different rules which means you may have qualified for emergency AP under the USCIS, but you may not qualify for being granted a travel document by the Department of State. I would still try. Otherwise it is a wait of approximately one year before your wife can re-enter the US.

Dave

Unfortunately, since they're married now, she won't be eligible to have the K1 re-instated.

True, but maybe, just maybe the US Consulate will issue a travel document--i.e. in effect issuing the wife emergency AP but not an official AP--to allow the wife to travel back to the US and then they can apply for AOS based on the original K-1 visa and also apply for the EAD/AP. If not, then they must begin again with the spousal visa, but in this case it might be worth the effort.

Dave

She will also need to fill out the CBP Customs Declaration Form given out on the airplane so having a pen is a good idea; go to the people with Visas line; and have patience as they may take her to a secondary area to interview her--maybe, maybe not. She will need plenty of time if she has a connecting flight. Once thru the CBP check point she will get her luggage and go thru Customs. Most of the time my wife ends up having to have her luggage scanned when she travels by herself and this takes a bit of time.

I would also recommend that she bring official copies of any documents like birth certificates, divorce decrees, etc that would be very difficult to obtain from the US. Make certain the sealed envelop is easy to get to, but in a safe location among her carry on items.

I hope she has a good trip.

Dave

My wife and I are in a special case, although I suspect that it is not that unusual in the larger picture. I am hoping that someone from the community can share a similar experience...

My wife has been a greencard holder for about 10 years now, however due to my work situation, we have spent most of that time abroad. We return to the US for about 30-60 days total a year, although she has had i-131's consistently throughout the entire time.

We are now looking to pursue her citizenship, with the expectation and hopes to return to the US on a more permanent basis. Has anyone been in a similar situation who can share their experiences in the citizenship process?

A few more details:

• We have maintained a permanent address in FL.
• Banks, Credit Cards, Drivers Licenses and IDs in FL.
• 132 days in the USA in the past 3 years. 229 days in the past 5 years.
• Plans to return in January 2017 for a period of 6 months to a year.

Thanks in advance.

You have done everything to maintain her LPR status, however; Citizenship has a completely different set of rules. The first big one is any trip outside the US more than 1 year resets your continuous residence clock. You could be a LPR for 20 years and eligible for USC and spend 366 days outside the US and loss all but 364 days towards the continuous residency requirement for citizenship.

Since your wife is still married to a USC, she can use the 3 year rule to apply for citizenship. She will need to remain in the US for more than half of that 3 year period--548 days. She does get credit for all her time as a LPR and married to you, but she only get 364 towards the residency requirement for citizenship. So she cannot take a trip outside the US for more than 6 months (to be safe as there is debate on if this resets the clock, but you can proved that you maintained ties to the US and therefore not break the continuous residency, but why chance it?) in the next two years and must be in the US for a total of 185 days at a minimum to qualify for citizenship--but I would expect the USCIS to require more time in the US before they approve her application. I am sure they will want her to prove that she is actually a LPR with the key word being RESIDENT. They may determine she has been using her GC as a tourist visa as she has not actually been residing in the US.

Assuming she has no trips outside the US for a period greater than 180 days she can apply for USC once she has been in the more than she has been out of the US in the counting back the previous 3 years. She also must be a resident of the USCIS district that has jurisdiction over her application for at least the previous 3 months before she applies. Now if she has any trip outside the US for more than 182 days the USCIS will use that to reset her continuous residency clock and she will need two years plus one day before she can file and she must be in the more than she is outside the US within those 2 years. I would worry about maintaining her LPR status and keeping her GC and when the two of you decide to live IN the US than she can file for USC.

Dave

Grand Canyon

I have gone through the checklist and prepared the following documents and am ready to submit it all..

That said I must be blind or illiterate because I can't see where the fee amounts are listed and or where to send this AOS packet to?

I have the following documents:

g-1145

I-864

I-485

I-131

I-94

I-765

And all supporting documents etc.

I have heard that it was $1050 but can't seem to find that on any of the paperwork I am submitting... sigh... I am seeing double now and truth to be told need to get some reading glasses for the small print

With luck a kind soul will reply and I can send this off via fedex tonight!

Best Wishes and thanks!

Randall

Go here: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf look on page 5 "What is the Filing Fee?" See page 6 for the link for where to file the form. Also, please, please note the information for who to make the check payable to.

Dave

DVK = Stuart Powell Field (Danville, Kentucky)

I see you have moved from Kansas to Kentucky

TSE--Astana, Kazakhstan.

Minor correction, the wife likely has either no licence or an expired licence. Most states will not issue a licence beyond the period of authorized stay (with the exception being on a 2 year GC)

Unless you live in the wonderful state of Colorado where anybody can get a DL and smoke pot. And yes, that includes undocumented people. She just cannot legally work in the US and she cannot return to the US if she should need to go back to the PI. Also, she cannot apply for USC until the clock of becoming a LPR starts ticking. She is in limbo and IMHO this is not much of a life.

Dave

Yes. He will use his foreign passport to get thru the TSA security check point. My wife travelled within the US after we got married and before receiving her GC and my MIL travelled within the US while here on a B2 visa. All TSA cares about is that the name on the government issued ID matches the name on the boarding pass.

Dave

I would only send the first page or two with both of your names. The house and mortgage was in my name so I did not send any of that information. Just be certain to include from the date of marriage to the date of submittal. I included bank statements and credit card statements for each quarter. I showed that she is a beneficiary on my IRAs, life insurance, employer benefits, and retirement accounts. I also included the Quit Claim Deed I completed turning the house over to her. She knows to file it at the county courthouse upon my death. I did not want to over whelm them with just paper--I did that for the petition . We did not have an interview.

Dave

No where in the CFR does it state that once the GC is approved the AP is null and void. AP is useless to a GC holder once you have the GC in your hot little hands so which would you use?

Here is your Scenario:

You go to the airport and check in at the ticket counter. The ask to see your passport and visa to enter the US. You show them and unexpired AP and they issue you your boarding pass. The AP will most likely remain in your pocket--unless you are flying thru Frankfurt where they check your boarding pass, passport, and US entry documents about three separate times if you change terminals. You enter the US and come to a CBP person. They may or may not even see if you have a GC issued. If they ask, you just tell them the GC arrived while you were out of the country. You travelled on AP. Not an issue. They may send you to secondary for a few additional questions but that seems to happen to most that use AP to enter the US.

Dave

Her biggest issue will be if the airlines accepts the extension letter. I am assuming she took the original with her. If not, she may have more trouble getting on the airplane then she would like. The old card and new card have the same A# as that is hers for life. The only difference between the 2 year GC and a 10 year GC is that your LPR status expires with the 2 year GC and why you must file ROC 90 BEFORE it expires. The 10 year GC now has an expiration date, but your LPR status does not expire with the card. That is also why you file the I-90 to renew it.

Dave

While I understand your sentiment and advice, the OP did say it was a family emergency. It isn't as if they're splurging on some trip to Disneyland or the like.

True. If you were to spread out the $1070 over 24 months and manage to save $50 per month, you will have $130 towards the medical that will be required. It is a matter of priorities. I personally would borrow, beg, take a loan out to file the AOS. By not filing the AOS the OP's wife is a prisoner. What if she has a family emergency back home and needs to leave the US. Drive instead of flying and put the money saved towards the AOS.

OP: She can fly using her PI passport without to much scrutiny. I have seen a few CBP hang around the security check point at DIA, they seemed to be talking to the TSA, but I bet they were checking IDs in a very casual way.

Dave

Hey my wonderful forum ladies and gents.

So my case status told me my EAD card could

Not be delivered. We have a forwarding address in force which has not been a problem for all other USCIS Mail. Anyway, UPS says it's now in Montana. But my case status updates today saying it was delivered to the address I gave them - clearly not!

To make matters worse, we are literally on a road trip from Arizona to Ohio (where we will be living as of tomorrow). What's the best thing to do, as I know I need to change the address tonogio but should I wait for my EAD? Appreciate any help I'm so confused and I really don't want to cause further confusion.

The issue is that the USPS is not allowed to forward the GC or EAD/AP card issued by the USCIS. I am surprised that you received other mail forwarded because in the past it has be reported here on VJ that the USPS was not forwarding any mail from the USCIS. I think it is because the USCIS uses priority mail for the cards and it is not allowed to be forwarded. I would call the USCIS and ask for a Tier 2 Human that can actually do something about your situation. If that does not work make an INFOpass appointment once you get settled into your new place and see if you can get another card issued and mailed to your new address.

Dave

Thanks Dave for such a big help

Do I have to sign up twice for me and for daughter to update our address online?

Where can I print that form I-865 for my husband to fill up for? sorry for too much asking

Go here:

https://egov.uscis.gov/coa/displayCOAForm.do

and complete one for your self and one for your daughter.

Go here:

https://egov.uscis.gov/coa/displayCOAForm.do

for the I-865 form for your husband to fill out.

Dave

If holding another country's passport undoubtedly has nothing to do with allegiance to the U.S., then why can't we run for the President then?

Because the US Constitution states that only a Natural born US citizen can run for President. The founding fathers did not want someone from another country to be able to come to the US, Naturalize, and then become President as they saw this as a potential for another country to influence the US. Of course now the issue of what is a Natural born citizen has come up in the last few elections. At some point the SCOTUS will have to render a decision as to the definition of the term. If you are born of two USC but not in the US--i.e John McCain--are you a Natural born US citizen? If you are born of a foreign spouse and a USC mother, but not in the US, are you a Natural born USC--i.e. like the claims about Obama not being born in Hawaii? Even if your parents are not USC, if you are born on US soil, you are a Natural born USC and can run for POTUS.

Also remember the founding Fathers did not have airplanes where pregnant women could travel from one country to another like today. A trip to the US was 3-4 months of sailing that was not very easy so international travel was not a common everyday event like it is now.

If you would like to change this, all it will take is an amendment to the US Constitution.

Dave

It's been a while since the last time I've posted my questions here and I appreciated y'all of all the answered I've gotten from here. The problem I have is I didn't know until today that we have to update our address to USCIS even if you got green card to make my story short Me and daughter got our green card last year of July we moved twice in same zip code what my understanding on my research today that u could get in trouble possible losing residency when you failed to update the address! Pls help me if I'm too late to update our address and would I get in trouble for updating our address too late it's been almost a year since.. I'm so worried cuz next year is our time to file for 10 year green card

I appreciate y'all

Go here https://www.uscis.gov/ar-11 and complete the on-line submittal for yourself and your daughter. Also be aware that the USC sponsor for the I-864 must also file the I-865 change of address form should he move. Since you are still waiting for the 2 years minus 90 days to file the ROC, I am going to assume you are still married to your USC husband and he has moved with you so he needs to file the I-865 form--it has to be mailed in.

Make certain you print out the confirmation page as proof you filed your last change of address. Your husband should get an NOA1 form from USCIS indicating they received his change of address. The USCIS sent my wife's ROC notice to our old address and included a bad photo copy about the change of address rules. I included that photo copy along with my confirmation receipt and the confirmation page for my wife to show them that I had indeed filed our change of address.

Do not worry about the other move. Just complete the form with your current address and use your actual previous address as you will need to put all places lived since arriving in the US. I would not omit anything just because you forgot to file a change of address form. It happens all the time.

Dave

US Mint for a little change.

Can anyone share how to process any easy Schengen visa please.

I'm a LPR my I-751 Removing Conditions on Residency still in pending with USCIS at my local field office my extension letter valid till January 2017 and i also have a stamp on my passport which valid till May 2017.

I would like to plan a trip to Europe with my USC wife but i totally don't have any idea on how to start the process and which Schengen visa i should process. I would really appreciate someone with experience to enlighten on how to begin the process and which ebassy i should apply to. I live in Louisiana.

If you are travelling to one specific country in Europe then you get a visa for that country. If you are say flying into Germany, but you will be staying in Italy then it is recommended you get a visa for the country you will spend most of your time in--i.e. Italy, the main destination. If you are doing a multi-country visa then the first country you enter the Schengen zone is the visa you should get. I have looked at this for my wife as we are planning to go to Europe next year--arrive in Frankfurt and go to France. I would determine which Consulate is closer as they typically require you to do this in person and you must go to the Consulate that has jurisdiction over your state of residence. For us our choices are San Francisco or LA--Germany closed its Denver Consulate a few years back, but France would be our main destination. You most likely will want a "D" visa as it allows unrestricted travel for a period of 90 days.

Once you determine which country's visa you need, go to that country's website about getting a tourist visa in the US and which Consulate serves Louisiana. You might want to check with your health insurance provider to make certain your coverage is enough per the requirements of the country you are trying to get a visa to. That seems to be the biggest sticking point. You can purchase temporary insurance for travel to satisfy the visa requirements.

Dave

Hi Everyone,

As usual, I have read many topics regarding the green card being delivered and not actually being delivered. My spouse came here on a K-1 Visa in Denver, Colorado. The green card was approved and produced as well as "sent" to our address and was never received. I spoke to the supervisor in person at the post office twice - he can't find it anywhere but shows it as delivered. I spoke to the postman in person in my apartment building - asked him if he remembers delivering an envelope to our apartment box. He does not remember anything and said people make mistakes. I said mistakes are not acceptable especially if it shows as "delivered" when it really was not. I asked him to check every single mail box in our building on Saturday (green card was "delivered" on Wednesday) - the green card was not in any of them. I have left signs on everyone's door in my building with the hope that maybe someone had the envelope in their mailbox and will contact me. So far no response. I have read in certain forums that people have had the same issue of green cards being "delivered" per the tracking number provided and they arrive a few days later. I also hope this might be the case. I have been waiting for a call from an immigration officer all day after requesting this 10 times in the last week. USCIS claims we need to file this I-90 bla bla bla all that nonsense again plus $450 plus wait 6-7 months. If anyone has an idea about anything on how to go about this smoother, better, smarter. I feel like nothing will be done since government agencies don't care about their customer service and quality of services regarding tracking/signatures being required on such important documents since they make the money and it is their way to get more money. In addition, it seems weird that we received every correspondence necessary up until even the "Welcome" letter stating the green card will arrive soon. Well we got a tracking number saying it was delivered and it is not. Apologize if the post is direct but this is not acceptable in the year of 2016!!!!!!! Almost want to give up everything here in the USA and move back to my spouse's home country instead of the USA.

Go back to the post office with the tracking number and lots of patience. Ask for a supervisor and keep going up the chain of command. I agree that the USCIS should use a secure delivery method that requires a signature and proof of ID. Once you exhaust the post office, make an INFOpass appointment to talk to someone about not receiving the GC. I would mention to them that the GC may state delivered, but would you be there complaining if it had been delivered to the correct person? See if you can force them to prove that the item was delivered to you. You might also want to get your Senator involved--my first choice would be Cory Gardner as he is not running for re-election.

I hope it works out for you.

Dave

I would start by asking the baker if a non-USC or a non-LPR can open a bank account with their bank and what the ID requirements are. Use the Marriage Certificate to show you are both married and then open the joint account and give them your SSN and use your passport or some other ID with the name you want to use.

People that work at banks are almost as clueless as those that work at the SSA. When I was dealing with my Father's and then my Mother's estate, the bankers kept telling me I needed a probate document from the court. My lawyer told my that was complete BS as my parents had set up Trusts and the succession of their assets was properly laid out in the Trust documents. If they allow someone from another country to establish a bank account then they will have procedures to do so. The US government has made it so difficult with all the reporting requirements that most banks will only deal with USC and properly documented LPR--i.e. GC holders. Anything else is too risky as it requires knowledge of immigration.

Dave

Blue Bell Ice Cream Plant

My wife and I just came back from Kazakhstan via Frankfurt into Denver. At Denver, they herd you to the APC kiosks. I had issues with scanning my passport, but finally got it scanned, but my wife's GC would not scan. So I had the print out for myself, but not for my wife. A note to everybody here: if you do not complete the electronic Customs Declaration form you MUST do the paper version even if the other family member has already done the electronic version. We had to go back and do the paper form which added about 5 minutes to our wait. Other than that little issue it was very easy--my wife's GC and passport are in her surname as she is not going to change her last name. They had my wife do the whole finger print scan again--right hand all index fingers, right thumb, left hand all index fingers, left thumb--stamped passport and we were off to wait for our luggage. Entire process took about an hour.

Dave

You had a couple of options, but due to the fact you are leaving for the US in two days I would say you are down to one option. Use the GC to board the aircraft and get to the US. Once in the US and upon reaching the CBP person, explain that you have been outside the US for more than 1 year, want to just visit on this trip and would like to surrender your GC at this time.

If you had more time before your trip, you could have gone to the US Embassy in France and surrendered your GC. Then you could see if you are still eligible for ESTA. If so, you can travel using the ESTA. If not, you will need to apply and be approved for a tourist visa--this will take more than the 2 days you have and if you can not travel on ESTA will cannot make this trip.

Dave

KJWA=John Wayne Airport (Orange, County, CA)