Jump to content

17 posts in this topic

Recommended Posts

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

Hey guys,

I need an advice. We filed for my husband's ROC in July. He is already done with his biometrics and now we are just waiting on his approval. The question which I had was that we were planning on moving in a month before our baby is born. If we do end up moving in middle of this ROC process would it raise any sort of red flags which could trigger an interview or a RFE.

Any suggestions would greatly be appreciated!!! :-)

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

would it raise any sort of red flags which could trigger an interview or a RFE.

No

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted

Just remember to file your change of address with the USCIS. I think its an AR-11 form. I also think you can do it online or by phone.

Thank you, goodnight and may your gods go with you",

Dave Allen.

Posted

Just want to chime in on this.

We filed for my ROC in April 2013 but we had to move by end of August 2013 because that is the end of our lease and we were in the process of buying a house. The timeframe cuts into the processing of my ROC so I had to do a change-of-address.

I did the change on 8/8/13 and received an RFE on 8/14/13 (dated 8/12/13). Whether or not the change request triggered the RFE I will never know as my RFE did not specify exactly what I am missing or not providing enough of.

If you have a choice not to move for another year, then I'd say don't. However, if you absolutely have to move, just be aware that the RFE has a 50/50 chance of happening and prepare any evidence you are still living together in the new residence in case you do get one. My theory is they want to make sure the change-of-address is because the couple is moving residence and not some other reason - but I could be wrong.

Also, I found out that my husband needed to submit a change of address via I-865 because he submitted an I-864 (which I assume applies to all Conditional GC holders), so just want to make you aware of that.

Good luck!

ROC Journey:

4/24/13 - Submitted I-751 application

4/26/13 - I-751 officially filed

6/11/13 - Biometrics done

8/14/13 - Rec'd RFE

9/21/13 - Submitted RFE response

9/23/13 - RFE response rec'd at VSC

(about 2 months later)

11/21/13 - Service request via Tier 1 submitted

12/11/13 - Response to service request rec'd - vague info about processing times

12/12/13 - Service request via Tier 2 submitted

12/10/13 - APPROVED!!! (letter rec'd 12/14/13)

12/16/13 - 2nd Service request response rec'd

12/17/13 - Card production email/text rec'd (online case updated)!

12/24/13 - Notification rec'd via email regarding card mailed on 12/23/13 (online case updated as well)

12/26/13 - 10-yr card rec'd!

One thing I have learned on this journey:

There is no such thing as an "overkill" evidence package. Submit anything and everything you can. Who knows what will prevent you from getting an RFE.

Posted

Just want to chime in on this.

We filed for my ROC in April 2013 but we had to move by end of August 2013 because that is the end of our lease and we were in the process of buying a house. The timeframe cuts into the processing of my ROC so I had to do a change-of-address.

I did the change on 8/8/13 and received an RFE on 8/14/13 (dated 8/12/13). Whether or not the change request triggered the RFE I will never know as my RFE did not specify exactly what I am missing or not providing enough of.

If you have a choice not to move for another year, then I'd say don't. However, if you absolutely have to move, just be aware that the RFE has a 50/50 chance of happening and prepare any evidence you are still living together in the new residence in case you do get one. My theory is they want to make sure the change-of-address is because the couple is moving residence and not some other reason - but I could be wrong.

Also, I found out that my husband needed to submit a change of address via I-865 because he submitted an I-864 (which I assume applies to all Conditional GC holders), so just want to make you aware of that.

Good luck!

I disagree with this entirely. Moving does not trigger a RFE. All RFEs for ROC are generic, because the only proof needed is proof of a "bona fide marriage." So if you get an RFE it just means you did not send them enough proof. The RFE just asks for more of it. Your moving had nothing to do with it. The 50/50 chance you quoted is made up.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: India
Timeline
Posted

I disagree with this entirely. Moving does not trigger a RFE. All RFEs for ROC are generic, because the only proof needed is proof of a "bona fide marriage." So if you get an RFE it just means you did not send them enough proof. The RFE just asks for more of it. Your moving had nothing to do with it. ian221b torThe 50/50 chance you quoted is made up.

Yes, the RFE in the case Victorian221b the generation of a RFE might me co-incidence.

Please go ahead and move as desired and then within 30 days of your move please file AR-11 online (for immigrant spouse) and if the USC spouse had filed I-864, then he or she needs to submit I-865 for change of his/her address by mail.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Posted

DNP07,

RFE for ROC has nothing to do with your place of resident. What USCIS is looking for is whether the marriage was entered into a good faith and is bpnafied or not. Not all the immigration officers follow same procedure to evaluate if the evidence provided during submission of I-175 are sufficient. As far as i know there is no such protocol to follow as per uscis adjudicator's field manual. Always keep in mind that each case is unique. So there are times people have received RFE after moving out to new place but this has nothing to do with just changing address. Lot of times people have to move out due to several reasons. So if you are planning to move to a new place, feel free to do so.

Posted

Let me make this clear, I am not trying to mislead anyone here, just trying to speak from my own experience. I am not quoting anything...the fact that you said that I "quoted" the 50/50 is incorrect because it is just based on my personal experience. I DID specifically say it is "my theory", but somehow that was disregarded. I never claimed that the change of address WILL trigger an RFE, I only said this "Whether or not the change request triggered the RFE I will never know".

As I have said, I do not know what is the reason for my RFE because unlike some of us here I did not get anything specific despite the fact that I had submit plenty of evidence ("plenty" is very subjective, let's not make conclusions). Some here get RFEs that said they need to submit extra tax transcripts (with a specific year!) - mine was lifted off the original I-751 instructions - I wish I had that specific detail!

I do not want to go into the details of my situation but I don't believe that anyone of us here is very certain as to how USCIS review our cases.

If we're all so sure, we won't need this forum.

I disagree with this entirely. Moving does not trigger a RFE. All RFEs for ROC are generic, because the only proof needed is proof of a "bona fide marriage." So if you get an RFE it just means you did not send them enough proof. The RFE just asks for more of it. Your moving had nothing to do with it. The 50/50 chance you quoted is made up.

ROC Journey:

4/24/13 - Submitted I-751 application

4/26/13 - I-751 officially filed

6/11/13 - Biometrics done

8/14/13 - Rec'd RFE

9/21/13 - Submitted RFE response

9/23/13 - RFE response rec'd at VSC

(about 2 months later)

11/21/13 - Service request via Tier 1 submitted

12/11/13 - Response to service request rec'd - vague info about processing times

12/12/13 - Service request via Tier 2 submitted

12/10/13 - APPROVED!!! (letter rec'd 12/14/13)

12/16/13 - 2nd Service request response rec'd

12/17/13 - Card production email/text rec'd (online case updated)!

12/24/13 - Notification rec'd via email regarding card mailed on 12/23/13 (online case updated as well)

12/26/13 - 10-yr card rec'd!

One thing I have learned on this journey:

There is no such thing as an "overkill" evidence package. Submit anything and everything you can. Who knows what will prevent you from getting an RFE.

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

Just want to chime in on this.

We filed for my ROC in April 2013 but we had to move by end of August 2013 because that is the end of our lease and we were in the process of buying a house. The timeframe cuts into the processing of my ROC so I had to do a change-of-address.

I did the change on 8/8/13 and received an RFE on 8/14/13 (dated 8/12/13). Whether or not the change request triggered the RFE I will never know as my RFE did not specify exactly what I am missing or not providing enough of.

If you have a choice not to move for another year, then I'd say don't. However, if you absolutely have to move, just be aware that the RFE has a 50/50 chance of happening and prepare any evidence you are still living together in the new residence in case you do get one. My theory is they want to make sure the change-of-address is because the couple is moving residence and not some other reason - but I could be wrong.

Also, I found out that my husband needed to submit a change of address via I-865 because he submitted an I-864 (which I assume applies to all Conditional GC holders), so just want to make you aware of that.

Good luck!

Thanks you for your suggestion Victorian221b :-)

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

I disagree with this entirely. Moving does not trigger a RFE. All RFEs for ROC are generic, because the only proof needed is proof of a "bona fide marriage." So if you get an RFE it just means you did not send them enough proof. The RFE just asks for more of it. Your moving had nothing to do with it. The 50/50 chance you quoted is made up.

Thank you Harpa Himsah :-)

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

Yes, the RFE in the case Victorian221b the generation of a RFE might me co-incidence.

Please go ahead and move as desired and then within 30 days of your move please file AR-11 online (for immigrant spouse) and if the USC spouse had filed I-864, then he or she needs to submit I-865 for change of his/her address by mail.

Thank you Navyk for your advice. Does USC spouse have to file for I-864 to ROC for immigrant spouse?

DNP07,

RFE for ROC has nothing to do with your place of resident. What USCIS is looking for is whether the marriage was entered into a good faith and is bpnafied or not. Not all the immigration officers follow same procedure to evaluate if the evidence provided during submission of I-175 are sufficient. As far as i know there is no such protocol to follow as per uscis adjudicator's field manual. Always keep in mind that each case is unique. So there are times people have received RFE after moving out to new place but this has nothing to do with just changing address. Lot of times people have to move out due to several reasons. So if you are planning to move to a new place, feel free to do so.

Thank you so much for your advice olaru_steve.

Posted

Let me make this clear, I am not trying to mislead anyone here, just trying to speak from my own experience. I am not quoting anything...the fact that you said that I "quoted" the 50/50 is incorrect because it is just based on my personal experience. I DID specifically say it is "my theory", but somehow that was disregarded. I never claimed that the change of address WILL trigger an RFE, I only said this "Whether or not the change request triggered the RFE I will never know".

As I have said, I do not know what is the reason for my RFE because unlike some of us here I did not get anything specific despite the fact that I had submit plenty of evidence ("plenty" is very subjective, let's not make conclusions). Some here get RFEs that said they need to submit extra tax transcripts (with a specific year!) - mine was lifted off the original I-751 instructions - I wish I had that specific detail!

I do not want to go into the details of my situation but I don't believe that anyone of us here is very certain as to how USCIS review our cases.

If we're all so sure, we won't need this forum.

Victorian,

All ROC RFEs are generic. That is what you are missing here. They all say something like "please submit more evidence of a bona fide marriage" and then they list possible things you can send. For ROC, there is never a request to submit a specific thing, like a tax transcript, because no single item is strictly required. A person does not have to submit a joint lease, or joint taxes, or any specific thing. They have to prove that they have a bona fide marriage, which is purposely a fluid thing. So your RFE wasn't unusual, don't worry. All very normal.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: India
Timeline
Posted (edited)

Thank you Navyk for your advice. Does USC spouse have to file for I-864 to ROC for immigrant spouse?

Thank you so much for your advice olaru_steve.

I-864 - Affidavit of support provided to the immigrant spouse and we filed it along with DS-230 (Application for Immigrant Visa) during the CR1 approval time. In our case I and my father both filed I-864s for my immigrant wife, so when either of us move, we have an obligation to report change of address using I-865 with 30 days of such move. So if you USC had filed I-864, then you will have to file I-865 now.

The immigrant spouse also has obligation to inform change in address and is done using AR-11.

Hope this is clear else let me know.

Edited by Navyk

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...