VJ Immigration Information: Request for Help from Community

[TimandAna 37]

Also another idea is to add "like" and "dislike" buttons to people's comments.. Same thing yahoo news and ESPN does..

1. It helps you understand what are on the users mind

2. It helps the forum mods clean up any "unwanted" posts from users

[KayDeeCee 4,895]

"they shall attempt to send a notice" means that it is "current practice to send out one to everyone". Their "attempt to provide notice" consists of sending a first class letter to the last known address. A green card holder may or may not receive the notice, but a notice will certainly be sent. Quoting the Ombudsman's document you cited, "The Adjudicator's Field Manual (AFM) at Chapter 25.1(b) requires USCIS to attempt to notify a conditional permanent resident a second time regarding the need to timely file Form I-751."

I've received plenty of letters mailed to my neighbors rather than to me, so don't be so sure your notice wasn't lost in the mail. My neighbors would often lose mail if I didn't kindly hand-deliver their mail after it wrongly lands in my mailbox...

See also footnote 12 attached to that quoted sentence from page 3 of the Ombudsman's document, which says "AFM Chapter 25.1(b). USCIS affirmed that the agency 'must notify the CPR a second time of the requirement to petition to have the conditions removed at or about the beginning of the 90-day period before the second anniversary of his or her CPR status... [uSCIS] mails the notification, which the Marriage Fraud Amendment System (MFAS) produces automatically, to the CPR's last known address.' Information provided to the Ombudsman's office by USCIS (April 25, 2012). In this regard, USCIS as a matter of policy imposes a higher standard of notification than the regulation."

Yes, they are supposed to send notification to all, but they are not. Hence the problem, and why there was the need for the Ombudsman's recommendations to fix the system troubles. They are not mailing a notice to everyone, and there is no need to change the ROC guide here to state they do. Changing the wording to state you may or may not receive one and to make it your own personal responsibility to keep track of your own green card expiration date and 90 day filing window covers all the bases.

[lvriesling 11]

Yes, they are supposed to send notification to all, but they are not. Hence the problem, and why there was the need for the Ombudsman's recommendations to fix the system troubles. They are not mailing a notice to everyone, and there is no need to change the ROC guide here to state they do. Changing the wording to state you may or may not receive one and to make it your own personal responsibility to keep track of your own green card expiration date and 90 day filing window covers all the bases.

They absolutely ARE mailing a notice to everyone. That's exactly what the Ombudsman's footnote 12 is saying. Read it carefully: "AFM Chapter 25.1(b). USCIS affirmed that the agency 'must notify the CPR a second time of the requirement to petition to have the conditions removed at or about the beginning of the 90-day period before the second anniversary of his or her CPR status... [uSCIS] mails the notification, which the Marriage Fraud Amendment System (MFAS) produces automatically, to the CPR's last known address.' Information provided to the Ombudsman's office by USCIS (April 25, 2012). In this regard, USCIS as a matter of policy imposes a higher standard of notification than the regulation." Edited November 15, 2013 by lvriesling

[lvriesling 11]

As I said earlier, I personally received a 2nd CPR notice letter, so I know as a fact that the USCIS sends them. USCIS policy requires that the 2nd CPR notice letter be sent to the CPR's last known address, and the MFAS system generates that 2nd CPR notice letter automatically.

Sometimes USCIS fails to execute its own policies correctly. Some idiot might misplace a stack of letters. The US Postal Service might misplace letters as well. The CPR could also move without registering a forwarding address. But these are all delivery issues, which don't affect the hard fact that USCIS does indeed automatically generate 2nd CPR notice letters for literally everyone.

That's why this is the best wording to use: "A reminder letter will probably be sent, but such letters have certainly been known to get lost in the mail. Because the consequence of not acting at exactly the right time - regardless of the reason - is that you will be deported (kicked out of the United States), you should never bet your immigration status on the timely arrival of that reminder letter. Mark your calendar and very carefully track the 90-day Removal of Conditions window yourself!"

This VJ guide should be updated accordingly: http://www.visajourney.com/content/751guide

Edited November 15, 2013 by lvriesling

[Captain Ewok 1,900]

Since the recent changes with the I-94 becoming automatic, some slight changes to the guides may help. The AOS from K-1 guide states to provide a front and back copy of your I-94, which has confused some folks since they did not receive an I-94 in their passports.

6. Copy of the non US Citizen Spouses valid I-94 (front and back copies) <-- Could be worded something like, "Printout of I-94 information from CBP I-94 Retrieval website, found here: https://i94.cbp.dhs.gov/I94/request.html"

A similar change could be made to the SSN guide for a K-1 that currently states > "3. your valid I-94"

Also, the first 2 questions on the FAQ about entering the US with the K-1/K-2 needs to also be changed to reflect the fact that the I-94 is now automated and no paper I-94 will be given out.

Edited to Add > Can you please add onto the AOS from K-1 guide, in a FAQ or someplace/anywhere that tells people that if they are changing their name when they get married, then to YES, use their new married name on all the AOS forms? This gets asked about constantly. If people would simply search they would find the answer over and over again from how many times it is asked and answered around here. But as we all know, people tend to ask instead of research so it might be helpful to have that info in the K-1 AOS guide so they can see it first, or just be pointed to the guide.

Updates complete. Also added the following to the K1K3AOS Guide Checklist:

Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names)

Great suggestions. Thank you tons!

[Captain Ewok 1,900]

Perhaps the K-1 guide could also have a small tweak in the section about photos for proof of meeting/ongoing relationship.

Some people are taking that as an absolute and not a suggestion, and thinking they or others will receive an RFE if they do not get actual photos printed out from a store. Photos printed out at home on regular or photo paper work just fine without having to purchase and send loose photos in a bag. Printed on paper seems the better choice even because it fits in with the rest of their paperwork and it gets transferred into USCIS folders with no problems.

Updated per your request!!

[Captain Ewok 1,900]

Agree with Jay-Kay.

http://www.visajourney.com/forums/topic/439835-updating-the-aos-k-1-guide/

Thanks Captain for eliciting comments.

This should be updated, but please check and let me know!

Just checked the K-1 guide and found that the 129-F is not properly displayed as a pdf file. It is probably just a temporary glitch but thought you should know.

Otherwise, everything seems to be okay.

USCIS has an error on their side with the old link but there is a new link available. I have revised the link and it should work now.

[Captain Ewok 1,900]

My husband was denied entry/"given the opportunity to withdraw his application for admission" years ago, before we filed for the K1. After a lot of searching and asking around, it became evident that this experience was common enough and would have "no impact" on our visa process. However, it would have been nice if there had been a thread or an FAQ specifically devoted to people who had been denied entry for whatever reason in order to gather anecdotal data about their experiences. It was a really scary thing at the time.

That is a good suggestion! If possible, can you post a topic (in the correct forum) about your situation and what you experienced. I would be happy to pin it. Include as many details and references to other related posts and government links as possible. When you are complete, copy a link back in this topic and I can pin the topic.

[Captain Ewok 1,900]

Perhaps the ROC guide could have a footnote pointing out that the case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter. I know that even with this number, the case status site is unreliable but I frequently see people posting that they cannot access their case status with the NOA1 number.

And this is the pedant in me commenting - there is a typo in this sentence in the ROC guide: "Local Offices will not give an I-551 stamp is you have another type of evidence of status (ie, expired Green Card + extension letter)." It should be if you have another type of evidence of status.

Updated both in the guide! Thanks!!

[Captain Ewok 1,900]

In the K-1 guide, 3.2)…How does the whole I-129f petition process work and…..

# 6, the link for “click here for examples”, “here” does not have a viable link to anything

6.

Proof of having met in past two years. (click here for examples)

This seems to work in my browser. Can anyone else confirm?

[Captain Ewok 1,900]

Completely agree with this. Also, the VJ Guide to Removal of Conditions (http://www.visajourney.com/content/751guide) incorrectly states:

-----

You will NOT be sent any reminder to file this petition from USCIS. Per the USCIS,

"At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition."

-----

This appears to have changed!! I got a letter from USCIS, "Notice of Requirement To File Joint Petition To Remove The Conditional Basis Of An Alien's Permanent Resident Status", saying...

-----

"The records of this Service indicate that you entered the United States as a conditional permanent resident on 10/06/2011. In accordance with Section 216 of the Immigration and Nationality Act you must file Form I-751, Petition to Remove Conditions on Residence. Failure to do so may result in the automatic termination of your Status. You can obtain Form I-751, as well as filing information and fees, from www.uscis.gov or call 1-800-375-5283."

The guide is updated per your recommendation however we kept the suggestion that people do not rely on this reminder. I linked to your above post as well.

[Captain Ewok 1,900]

In the VisaJourney Member Immigration Timeline, the is no Processing/Estimating Stats field for AOS (although there is one for the K1 visa, AP and EAD). Can it be added? Thanks!

Each local office may have specific times. This stats page should help give some guidance:

http://www.visajourney.com/timeline/aosstats.php?cfl=

[Captain Ewok 1,900]

http://www.visajourney.com/content/k1guide

Most of the process seems good.

Some is not:

What to send to your fiance(e) once the I-129F is approved (Receive NOA2):

1.

A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one).

I DON'T KNOW OF A SINGLE EMBASSY THAT ASKS TO SEE A COPY! (Seriously, they have the original)

2.

Send all originals of the documentary proof that you submitted for the I-129F to your fiance(e) for their interview at the embassy.

I AM MISSING THE LOGIC OF THIS ONE. I PERSONALLY THINK THIS IS BAD ADVICE AND WOULD NEVER SUGGEST SENDING THE ORIGINALS OF ANYTHING UNLESS IT'S REQUIRED. AND AGAIN - THE EMBASSY HAS THE ORIGINAL PETITION.

3. Send an original letter affirming your desire to marry your fiance(e) and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F).

4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

5. You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II* -Supporting Evidence of the I-134. See this FAQfor more tips and ueful information on the Affidavit of Support Form.

* EMBASSY REQUIRES A COPY OF THE MOST RECENT TAX RETURN (or tax transcribes) AND W-2, PAY STUBS & EMPLOYER LETTER ARE "MAY" INCLUDE ITEMS. YET THERE IS NO MENTION OF TAX RETURN OR W-2 IN ITEM #5 WHICH IS THE ACTUAL IMPORTANT REQUIRED DOCUMENTS.

6.

A copy of the NOA2 that you received in the mail.

EMBASSY DOES NOT ASK FOR A COPY OF THE NOA2. ANOTHER OVER-KILL FUELED BY PARANOIA.

7.

Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, etc from between the time you filed and present (NOA1 date-now).

Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

In "Examples" add - COPIES OF CHAT LOGS (PICK A COUPLE FROM EACH MONTH)

Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and the I-94 form issued upon entry becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

I-94 IS NOT ISSUED UPON ENTRY, INFO ON THE PROCESS FOR RETRIEVING IT FROM THE CBP WEBSITE SHOULD BE NOTED.

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/

All your updates have been made. This is a huge help thank you!!

[Captain Ewok 1,900]

I have read the law on this which states something like "USCIS may send a reminder, but they are not required to. Filing is mandatory, reminder or not."

I agree that the wording should be changed, but we shouldn't say everyone will get a reminder, because not all do. Furthermore, the change of address isn't updated so any reminder letter that is sent goes to the address on record for the AOS/address for CR/IR-1. A lot of people panic that their change of address didn't take when they get the reminder letter to the old address.

I would change it to say that a reminder letter may or may not be sent, and if it is sent, it will be sent to the address of AOS/CR/IR-1. It is nothing to panic about, either way.

I saw this the same way. The guide should note exactly what you said .

[Captain Ewok 1,900]

A few ideas.... I'm always traveling or working so I'm a heavy mobile user so some things I always miss..

#1. Make the mobile version more user friendly by letting you skip to the last page of a topic in a forum (138 pages clicking next sucks!)

#2. Have locked topic links at the top of each forum so easy questions can be answered. Some forums has got them and some don't.

#3. Be able to edit profile from the mobile version.

This is just a few things that always frustrates me when trying to do something from my phone..

Click on the folder /topic icon to jump to the last post you have not read . I can maybe make this more clear on the mobile site but the feature is there.