Old TSC cases transferred to VSC

[Cassie 8]

Correct me if I'm wrong but doesn't the foreign-born spouse retain all rights and privileges that he/she had before the 751 was filed while it is pending with USCIS? The couple doesn't get separated or lose the right to travel or work as far as I know. What is it exactly that you must endure until immigration gets to your particular case? If the relationship is legit, then why all the fuss? I guess I could empathize a little more if it were the initial I-130 that they were dragging their feet on because that keeps the couple separated in most cases. The 751 however, does not, so why all the anger?

The only thing I can think of that you may be losing out on is waiting a few extra months in filing for citizenship but again, that's really pushing it IMHO, and doesn't even become an issue until you've been waiting more than a year (which most have not, or at least not significantly more than a year anyway).

The 751, on the other hand, grants no particular benefit other than removing conditions on your residency status. Essentially, you are exactly what you were before you submitted the 751 upon approval of said case.

Tell that to the people on VJ that can't get their driver's license renewed because the DMV feels that the extension letter is not sufficient proof of legal residency status and reject evidence to the contrary.

Tell that to the people on VJ who have been rejected for jobs because prospective employers feel that the extension letter is not sufficient proof of legal residency/working status and reject evidence to the contrary.

Tell that to the people on VJ whose current employers are getting progressively nervous (without reason, but it's hard to convince them of it) that their employees aren't really legal and are considering letting them go so they don't have to "deal with it", like the ones in this thread:

http://www.visajourney.com/forums/index.ph...=124738&hl=.

It is very easy to say that we're the same status and nothing has changed. We as petitioners know that, but anyone else who is not dealing with this process does not, including other government agencies, employers, etc who don't know what's going on, who don't recognize the paperwork for what it is and who prefer to deny us or shove us to the side rather than to get educated and informed as to who is illegal and who is not.

You mistake my tone for anger. I am not angry with USCIS, just frustrated with the inconsistencies that I listed above, and frustrated with your lectures. You are preaching to the choir about patience -- you are not talking to people who are one week or one month into the process, trust me, we get it.

Edited May 5, 2008 by Cassie

[kc1974 0]

Hello to all!

This is a really great and informative website which I'm sorry I didn't find sooner.

I posted here in this section because I recently got my wife's I-751 approved after waiting about six months which I felt was fantastic.

Just an editorial comment here if you'll allow me...Have any of you who've been waiting for an extended period of time for this form to be processed considered that perhaps your rhetoric on this site might be contributing to the delay?

Seriously, I don't think mocking immigration employees and stomping your feet will get your application approved any sooner, and if anything, I would think it would delay it. I would guess that immigration officials are aware of this and other websites and probably check in from time to time.

No the system isn't perfect and I think the feds would be the first to admit it. But then again, there's something to be said for *respectfully* waiting your turn in line and not resorting to playground name-calling while so doing. I work hard in my line of work and certainly would resent being called a *loser* or some other disparaging insult by someone outside my organization who had no concept of how my company did business. These people are human beings, they make mistakes (as do all of us). Can we please show them a little respect perhaps?

I guess my suggestion is that you all tone down your rhetoric and keep yourselves occupied with other things while you're waiting. There are also seems to be a great deal of clock-watching here which likely just fuels the resentment and bitterness ever further. CHILL PEOPLE AND RELAX! It's gonna get done and will probably happen faster if you're not obsessing over it so much.

Good luck to all of you with your paperwork and thank you for the opportunity to participate in your site.

I also have to respectfully disagree, and I'm one of those fortunate enough to have been processed, (a full 8 months longer than your wife had to wait).

The term "losers" refers to us not USCIS. We who were unfortunate enough to apply to TSC during a 6 month window beginning Feb/March 2007. If anything, this forum and thread are all we legal immigrants have to use to get any kind of information or hope that our cases will be processed and the only time any of us are disrespectful of USCIS, it's usually due to the USCIS customer service line, not the service center.

I'm sure if you and your wife had to wait as long as we have, you too would be concerned at the time it's taking. Regardless of the meaningfulness of the I-751, the thoughts that race through our heads each and every day are: "Have they lost our application?", "How come CSC are processing these so quickly when TSC are not?", "Why has my application been transferred?", "How come the online processing dates have gone backwards this month?", "Have they lost our biometrics?", "Have they found something that could cause this to be denied?" etc, etc. Up until I found this thread, and a lot of people who were all in the same boat as me, these were the thoughts that were racing through my head, so forgive us if a little sarcasm comes across this site in the direction of USCIS.

I said good-day!

^(Some more sarcasm)

[Staashi 371]

Dear, Dear, Dear Speaking_Softly let’s not be so condescending to the TSC Losers. You say that people have the same rights and privileges that he/she had before…well, not exactly, because when you’re dealing with an expired green card people look at you with much suspicion, which in our case was devastating when we traveled. Here’s our story: Last May, I had to have emergency surgery when I was visiting my in-laws in Argentina. My husband immediately boarded a plane to Argentina a few days later when he could get a flight. Just to note - our I-751 had already been at TSC for more than 3+ months – enough time to make a decision…but no, all we had was the NOA, which my husband forgot at home.

After 3 months of being in Argentina, we finally got a flight to come home. We were in the Buenos Aires airport, in the middle of the night, and the manager of Aerolineas Argentinas would not let my husband on the plane because his green card was expired. I had a major job interview scheduled in two days - so we made the executive decision that I would travel home alone. What made it very difficult was because of my surgery, I still needed his attention - I couldn't lift anything heavy. Also, we hadn't been separated any time in those 3 months so it was major separation anxiety. He took a flight home to his province and I flew to Miami, and then had to drive 400 miles to Tallahassee. It really was just nuts. I got home and fedex-ed the document immediately and he came home a week later. Oddly enough, immigration didn’t even look at his letter, they just swiped his green card and let him pass.

We were one of the original TSC losers that got approved in December – we still don’t know how it happened, but we paid as high a price as anyone for having an expired green card.

Furthermore, you speak about everyone has the right to apply for citizenship. Well, that is all well and good, if you want to apply, but not everyone does. Many people don’t want to apply because they want to keep their national status, or they don’t particularly feel like forking over $675 so soon. Applying for citizenship is a personal choice, and one shouldn’t feel forced into it just because the removal of conditions is still pending.

[BBAN 0]

I just want to add that I had the same experiance with traveling, and after my I-551 stamp in my passport, imigration have to verify my I-551 stamp every singel time I'm entering USA, it takes between 1 to 2 hours, and that isen't nice when I have a connetion flight. And try to purhase a new home and apply for morage with a expired GC,,, not easy.

So life is not the same with a pending GC and an approved GC.

[James 2]

Kind of odd that someone would register on VJ just to post this kind of thing. And s/he didn't even get the fact that we were calling ourselves Losers. Smells like a troll to me.

[kmineo 0]

Oh speaking softly, how you want to start a rant.

Yes I think you are right, it is because we are a part of this forum for the reason we are delayed. That makes perfect sense. I guess USCIS is spending all their time during the day on this forum, since they don't have anything better to do. Maybe that is why it is taking so long to process. Doesn't that make perfect since. Not really if you can't hear my sarcasm Funny that because I have been waiting almost 11 months and I didn't start posting on here, untill a month or so ago. And when I post, it isn't insulting the USCIS, yet we still haven't been approved.

And as other people have said I think the Loser TSC/VSC refers to ourselves and not the actual office.

[maunzebaer 0]

At first I thought the post of "speaking softly" doesn't deserve a reply. But I just have to say one thing....

I am sure the USCIS knows exactly who I am. The only information most of us post on this website is our username and our timeline dates. So I am pretty sure the people at USCIS spend all their time investigating who I am, so they can put my case on hold. That would explain why my case is still pending after 12 months. Sure...... Too bad I haven't thought of that myself earlier.

And by the way....speaking softly.....what's your business giving us advice? Walk in our shoes and then come back and talk to us.

[imailin 0]

I just got to the website and I was expecting some good news… well I guess all I found was an ignorant writing non-sense which made everyone upset, counting myself. Let him try to get a SS Card and have the SS department employee tell you that for "them" the NOA is not valid…(arent they part os the United States too?). Let him go trough that and fell out of status when you are not!!!!

And then…. WHAT IS GOING ON??/ IS MONDAY AND NOTHING YET??? This is driving me nuts I was expecting to get my approval by May!!! I have to move and I don’t really want to do the address change!!!

[BBAN 0]

I have a question about the I-551 stamp in my passport which expire May 28, do I need to have my passport re-stamped to be legal?

[imailin 0]

I have a question about the I-551 stamp in my passport which expire May 28, do I need to have my passport re-stamped to be legal?

I dont know if is to BE LEGAL, but for peace of mind, I would.

[kalstravels 0]

Dear Speaking_softly

As a United States citizen, and whose spouse applied for removal of conditions (approved 13 months later) I find it unacceptable that you ask people to tone it down. Many of us have legitimate concerns. I take issue with USCIS policy which states

"to be fair, we process cases in the order we receive them"

If that were the case, why are CSC people being approved barely 4 months after applying? Do Californians have more rights than Floridians or Texans? The USCIS has failed to apply the law equally.

I'd like to remind you that Texans have the right to fly our state flag at the same height as the US Flag (condition for entering the Union) so its quite clear to me that under USCIS policy, not all resdients have the same rights.

We are legitimate tax paying, legal, law abiding persons of the United States. We paid exhorbitant fees to get my wife's status processed, a process in many other developed countries is free or just the cost of the actual physical documents.

Why do H1-B applicants, who are not married to US Citizens or have no connection to this country except the desire to work for a United States company have their cases adjudicated in a shorter timespan than us?

The vast majority of us are taking issue with USCIS policy, not the employees of USCIS.

You only have to check the web comments on Emilio Gonzalez's rebuke of the NY Times article, on the USCIS website to show you how out of touch you are with persons of the United States. The web comments by far are negative. Enough said.

Edited May 5, 2008 by kalstravels

[kmineo 0]

I have a question about the I-551 stamp in my passport which expire May 28, do I need to have my passport re-stamped to be legal?

Stamp really doesn't make you any more legal or less legal. It is helpful if your employer needs to see it, leaving the country and trying to return. But as far as i have been able to tell. Not having the stamp doesn't mean you are not legal, that lies in the computers of USCIS, but if you need to prove your legality, it will definitely help. It is like driving if you left your license at home. You are legally able to drive, but if you get stopped you are going to have to go to court and show that you have a vaild license.

[BBAN 0]

I have a question about the I-551 stamp in my passport which expire May 28, do I need to have my passport re-stamped to be legal?

Stamp really doesn't make you any more legal or less legal. It is helpful if your employer needs to see it, leaving the country and trying to return. But as far as i have been able to tell. Not having the stamp doesn't mean you are not legal, that lies in the computers of USCIS, but if you need to prove your legality, it will definitely help. It is like driving if you left your license at home. You are legally able to drive, but if you get stopped you are going to have to go to court and show that you have a vaild license.

Thanks, I become in doubt because the I-551 says: Employment Authorized Valid Until: May 28 2008. (I got the stamp back in November last year and its: 180 days validity only). So if not my conditions is lifted (I-751) within end May I should have my Passport I-551 re-stamped then.

[jethro 0]

Dear Speaking_softly

As a United States citizen, and whose spouse applied for removal of conditions (approved 13 months later) I find it unacceptable that you ask people to tone it down. Many of us have legitimate concerns. I take issue with USCIS policy which states

...[snip]

Why do H1-B applicants, who are not married to US Citizens or have no connection to this country except the desire to work for a United States company have their cases adjudicated in a shorter timespan than us?

I have to say that so far, the marriage route is substantially faster than H1-B employment. I suppose it might depend on "when" you applied. I-140 (labor certification) took 2 years, AOS took another 2 years before receiving RFE. Circumstances changed and I ended up AOS based on marriage, which completed in 6 months. Of course the 140/485 (before concurrently filing was allowed) hit against the 9/11 changes.

[speaking_softly 0]

Good Grief!

I post a thoughtful comment on delays in processing and I'm met with juvenile name-calling terms such as "troll" and "ignorant." Gee, thanks so much for the warm welcome!

Sorry if many of you took it as lecturing, it wasn't. In the toneless Internet, I could very much say the same of many of your responses towards me.

My guess is that many of the "problems" some of you are encountering are isolated and not typical. My wife was never questioned by her employer when her green card expired, nor was she shaken down by officials at the border (she entered on three separate occasions at separate entry points) when she crossed after the initial card expired.

If your employer has questions about the validity of your status, calmly and coolly explain your situation and have hard documentation handy to explain the law (which is always on your side in cases like this). If the employer still doesn't buy into it, then I have to say he's probably not worth working for nor does he likely value you as an employee.

If an official at the border hassles you notwithstanding proper documentation of your status, then ask to see some rank (supervisor)! I've done it before and it works! The long and the short of it is that virtually every foreign spouse will have to undergo expiration of their green card (unless somehow it gets processed before the two year anniversary) but there are rules in place to avoid all the aforementioned nastiness.

Now...a previous poster commented about exorbitant costs and how many other developed countries process immigrants at little or no cost. Well thats just grand! But the real question is, why isn't the U.S. citizen spouse emigrating to the foreign spouse's country? Seems like it would be easier and lot less stressful given that the developed country's is so immigration-friendly, no? The fact is that your spouses all wanted to come here to live and not the other way around. I think that says a lot about the good ol' U.S.A. Yes, things take longer, but here in the States we run a lot more security checks on any prospective immigrant (and rightly so) than any other country. Personally, I didn't enjoy dealing with the bureaucracy of petitioning to get my wife here but I'm all for it if it means avoiding another 9/11.

And yes Jethro, employment immigration certainly does take longer in most cases than marriage petitions, which is why I offered the example of my Indian friend who has been waiting longer than most of you ever will. Thank you for that Jethro and for not piling on like the others.

There seems to be odd sense of entitlement among a lot of those who post here (i.e. expecting USCIS to handle the 751 inside of three months). Most of those of you who are griping have cases that are still inside the posted processing times. To me, that means it's not your turn yet so just chill and relax. If I could I'd give up my wife's approval and go back in line and wait for a few more months just to accommodate one of you. It's really not a concern to me or my wife because we know it will eventually get done and she keeps all the rights of privileges of any other permanent resident.

I'll stop now. This "troll" will walk away by way of the high road wishing all of you all the best and hoping that your cases are processed soon. Feel free to fire away and flame as much as you wish.