ROC Extension Expired - Still No GC - Very Worried

[LynAndArt 2]

Guys,

Need your guidance and advice. My wife and I filed her ROC within the proper time frame and with the correct payment but apparently our evidence was weak. In Sept we got a REF. We mailed the additional documentation to the USCIS in Dec - it took some time to get her added to things like the deed to house, etc. Her 1 year extension expired Jan 5th of this year.

When I called uscis they said that she can goto the USCIS office and get an updated I-94 as an extension. When she called the guy said that she could file for an extension on their website.

As of this date no decision has been rendered, nor have we been told we need to go to an interview.

What are our risk now the the 1 year extension has expired? We have no travel plans and she does not work so no issues there. Is there a way to get some type of extension while we wait for the USCIS to process the additional evidence?

We are happily married, living in the same house for the last 4 years. I guess we got lazy with the evidence after her 2 year GC arrived. Hopefully we have enough now to pass.

[Deagle 508]

What did you and your wife submit as an evidence?

[Darnell 8,478]

regardless of what was said, prior,

she can get appointment at local uscis office via infopass appointment,

and

get new I-551 stamp , good for 1 year, stamped into her passport.

I suggest you go that route, nowish, next.

[LynAndArt 2]

regardless of what was said, prior,

she can get appointment at local uscis office via infopass appointment,

and

get new I-551 stamp , good for 1 year, stamped into her passport.

I suggest you go that route, nowish, next.

Oh, her passport is expired and for some reason the Philippines will not let you renew a Philippine pass port if you have applied for a GC.

[Darnell 8,478]

ok - you win the 'massively weird category' for this Tuesday. Yay !

[newacct 688]

Oh, her passport is expired and for some reason the Philippines will not let you renew a Philippine pass port if you have applied for a GC.

Umm.. that doesn't make any sense. And she *has* a GC, not "applied for" one. If you are saying Philippine citizens with a GC cannot renew their passport, what are Philippine citizens who want to live in the US long term as permanent residents going to do?

In any case, an I-551 stamp can be issued without a passport.

Also, she can apply for naturalization and that will help speed up the ROC.

Edited January 6, 2016 by newacct

[The Conqueror 47]

After marriage took place between a Filipina and USC, the marriage need to be reported to the Embassy of the Philippines. Please see link: http://www.philippineembassy-usa.org/philippines-dc/consular-services-dc/faq-dc/#marriage . This is required, thus we cannot renew our Passport without the ROM "Report of Marriage" certficate.

[The Conqueror 47]

Oh, her passport is expired and for some reason the Philippines will not let you renew a Philippine pass port if you have applied for a GC.

I think the reason for that is they want her to use the name that appear on the GC.

[LynAndArt 2]

Umm.. that doesn't make any sense. And she *has* a GC, not "applied for" one. If you are saying Philippine citizens with a GC cannot renew their passport, what are Philippine citizens who want to live in the US long term as permanent residents going to do?

In any case, an I-551 stamp can be issued without a passport.

Also, she can apply for naturalization and that will help speed up the ROC.

This is from the Philippines Embassy Website:

These are the requirements to renew a Philippine Passport:

REQUIREMENTS:

1. Duly-accomplished passport application form, typed or printed legibly in black or blue ink
2. Latest passport
3. One (1) photocopy of each of the data page/s of the passport; i.e. pages 1-3 for the brown passport or page 1 for the green passport
4. Photocopy of any valid identification card where the middle name is fully spelled out, such as state ID, driver’s license, Birth Certificate, Marriage Certificate, or Baptismal Certificate, if applicant’s last passport is the brown one.
5. Proof that applicant has not applied for foreign citizenship, e.g. resident alien card (green card)
6. Self-addressed return envelope, with appropriate stamps for express or priority mail with tracking numbers via US Postal Service, or with pre-paid mailing envelope from private courier of choice, if Passport is to be mailed back.
7. Passport fee of $60.00 (non-refundable), payable in cash or money order made payable to "Embassy of the Philippines" (or "Philippine Consulate General", if application is made at one of the Philippine Consulates General in the U.S.). Personal checks and credit cards are not accepted.

[LynAndArt 2]

Umm.. that doesn't make any sense. And she *has* a GC, not "applied for" one. If you are saying Philippine citizens with a GC cannot renew their passport, what are Philippine citizens who want to live in the US long term as permanent residents going to do?

In any case, an I-551 stamp can be issued without a passport.

Also, she can apply for naturalization and that will help speed up the ROC.

Now, I didn't know you could start the naturalization process while waiting for the ROC. If this is true then we will start on that immediately, while at the same time getting the I-551 stamp.

[newacct 688]

This is from the Philippines Embassy Website:

These are the requirements to renew a Philippine Passport:

REQUIREMENTS:

1. Duly-accomplished passport application form, typed or printed legibly in black or blue ink
2. Latest passport
3. One (1) photocopy of each of the data page/s of the passport; i.e. pages 1-3 for the brown passport or page 1 for the green passport
4. Photocopy of any valid identification card where the middle name is fully spelled out, such as state ID, driver’s license, Birth Certificate, Marriage Certificate, or Baptismal Certificate, if applicant’s last passport is the brown one.
5. Proof that applicant has not applied for foreign citizenship, e.g. resident alien card (green card)
6. Self-addressed return envelope, with appropriate stamps for express or priority mail with tracking numbers via US Postal Service, or with pre-paid mailing envelope from private courier of choice, if Passport is to be mailed back.
7. Passport fee of $60.00 (non-refundable), payable in cash or money order made payable to "Embassy of the Philippines" (or "Philippine Consulate General", if application is made at one of the Philippine Consulates General in the U.S.). Personal checks and credit cards are not accepted.

The only way that that makes sense is that they're saying that a green card is the proof that she has not gotten foreign citizenship. Otherwise it would not make sense.

Now, I didn't know you could start the naturalization process while waiting for the ROC. If this is true then we will start on that immediately, while at the same time getting the I-551 stamp.

Yes, as long as she meets the conditions for naturalization (3 years continuous residence since the "resident since" date on her card minus 90 days, married to USC for 3 years, etc.). She does not need to wait for ROC to be approved. People do this all the time in cases when ROC is very slow.

[NickD 202]

Wife sure had to get that I-551 stamp when her one year extension expired, not only problems with the DMV, but her employer as well, could be fined $16,300 from our crazy state for employing an undocumented person.

Sure took a lot of explaining to our DMV, had to go all the way up to our governors office and explain to a newly appointed immigration officer how the USCIS works.

In desperation, finally called my senator's office very helpful, in just hours, they learned our application was sent to the Colorado office, by mistake as they no longer handle I-751 applications, where it should have been sent to the California office. Calling the USCIS was worthless on this issue.

They got their act together and finally issued the ten year card one week before my wife's oath ceremony only to give it back. But my stepdaughter sure needed that ten year card that was also on our application. She barely turned 18 and had to wait another two years to get her citizenship.

Can really appreciate your frustration, and its up to you to keep yourself legal, we had to drop everything for that I-551 stamp, stepdaughter was different, her passport was expired at the time and her biological father refused to sign for her. So took two passport photos and got an I-94 for her.

I strongly suggest you contact your senator's office, have two of them, may find one helpful and the other worthless. Hopefully not both of them are worthless.

I did have a very honest immigration attorney I contacted, said he couldn't do anything, was he that suggested I contact my senator's offices, fortunately we had one bad one and one good one.

Wife had a friend in Illinois, we offered her the same suggestion, but at the time she had two very unhelpful senators, kept on having to renew here I-94, and after waiting 17 months after her one year extension expired, finally got her ten year card. So much for trying to work with government employees, just killing time until that can retire at 55.

[Darnell 8,478]

heya Nick ! Nice to see ya checking in !

When yer editing yer template (soon), please remember to remove that 'renew I-94' and replace it with 'get new I-551 stamp'

[Villanelle 4,122]

Hmm I usually avoid threads where I dont have specific knowledge but this one is just too weird to ignore. Not being able to renew your PI passport with out having a GC?

I suggest you call or email them for clarification.

From the PI consulate in NY:

DOES IMMIGRATION STATUS IN THE US MATTER WHEN I AM APPLYING FOR A PASSPORT?

No matter what your status is here in the US, you can apply for a Philippine Passport, provided that you can show us that:

You are who you say you are – Proof of Identity

You are still a Filipino citizen – Proof of Citizenship

What the Consulate verifies is the truth of the Oath signed by all passport applicants:

“I solemnly swear under penalty of law that I am a Filipino; I am the person in the attached photograph; the thumbprints on this form are mine, I have never made false representations in any of my passport applications; the statements made on this Application Form are true and correct; and the attached supporting documents are authentic.”

WHAT DO I NEED TO SHOW WHEN APPLYING FOR A PHILIPPINE EPASSPORT?

(Procedures for First-Time, Renewal, Replacement of Lost Passport, etc. follow below)

Proof of Current Philippine citizenship - Since only Filipino citizens are eligible for a Passport, we need to know that you are still a Filipino and that you have not yet become naturalized as an American citizen.

What can you show us to prove your Philippine citizenship (bring original and a photocopy)?

ARC (Permanent Resident Card)

US Temporary Visa (tourist – B1/B2, students – F, J)

Working Visa (H1B and Dependents)

Fiancé/Fiancée Visa

Seaman’s Book, etc.

Notice of a Pending Application from the U.S. Citizenship and Immigration Services (US CIS) (conversion from Tourist to Working Visa; Working Visa to Immigrant Status; Replacement of Lost Green Card) -

BTW "ARC" is a never used (at least on here) acronym for Alien Registration Card- also known as Greencard. So you should be able to use the fiance visa/i94 and or NOAs as proof of not having naturalized.

-

Regardless of whether you move forward on the passport issue or not- typically after an RFE things move fast. You just sent in your response in Dec. So they will either be satisfied with it after its reviewed and approve you- OR not be satisfied and set you for an interview. They say you should allow for 30-60 days after you send something in for them to have time review.

[LynAndArt 2]

Wife sure had to get that I-551 stamp when her one year extension expired, not only problems with the DMV, but her employer as well, could be fined $16,300 from our crazy state for employing an undocumented person.

Sure took a lot of explaining to our DMV, had to go all the way up to our governors office and explain to a newly appointed immigration officer how the USCIS works.

In desperation, finally called my senator's office very helpful, in just hours, they learned our application was sent to the Colorado office, by mistake as they no longer handle I-751 applications, where it should have been sent to the California office. Calling the USCIS was worthless on this issue.

They got their act together and finally issued the ten year card one week before my wife's oath ceremony only to give it back. But my stepdaughter sure needed that ten year card that was also on our application. She barely turned 18 and had to wait another two years to get her citizenship.

Can really appreciate your frustration, and its up to you to keep yourself legal, we had to drop everything for that I-551 stamp, stepdaughter was different, her passport was expired at the time and her biological father refused to sign for her. So took two passport photos and got an I-94 for her.

I strongly suggest you contact your senator's office, have two of them, may find one helpful and the other worthless. Hopefully not both of them are worthless.

I did have a very honest immigration attorney I contacted, said he couldn't do anything, was he that suggested I contact my senator's offices, fortunately we had one bad one and one good one.

Wife had a friend in Illinois, we offered her the same suggestion, but at the time she had two very unhelpful senators, kept on having to renew here I-94, and after waiting 17 months after her one year extension expired, finally got her ten year card. So much for trying to work with government employees, just killing time until that can retire at 55.

We have an appointment with USCIS to get an I-94 extension for my wife and her daughters. A couple of questions:

• What do we need to bring? - her Id's Passport, GC, state id have expired - we have the original extension letter
• Are passport pictures necessary?
• I assume I need to bring the girls too, along with passport pics for them as well?
• Another advice?

Thanks,

Art