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Posted (edited)

As you can see in our signature, we filed our I-751 back in Feb 2019 from NJ. Sat at VSC for an year before case got transferred to NBC. Moved to NC in Aug 2020 and interview got schedule for Charlotte field office for Sept 17th. Have a few questions regarding the interview:

 

1.) Will it be an issue that we have not been in NC for 90 days? (We were definitely over 90 days in in NJ before filing the I-751 in Feb 2019).

2.) Our local DMV doesn't have any appointments for the foreseeable future and frankly I am uncomfortable going to the DMV in NC because of COVID. Will it be an issue that our DLs from from NJ? We are taking our current lease + utility bill to prove our NC residency -- hopefully that is enough.

3.) Do we need to take bank statements right from the beginning of our marriage or AFTER what we sent with the I-751 application?

 

Edited by TheKingmaker
Posted (edited)

1) No. There's no 90 day residency requirement related to ROC (there is prior to filing for naturalization).

 

2) If you are referring to using the DL as evidence of where you lived together prior to moving, I guess that's fine.

If you are concerned about showing residency in NC, the lease and utilities would be fine IMO.

In terms of what's legal in your new state, check your DMV. Typically when you have an out of state license and move, you have x days (often 30-90) to get an in-state license. After that, technically you do not have a valid license to drive (although likely a cop would just give you a warning, or a judge would just say get it fixed).

 

Actually, I did a search myself for NC....you have 60 days. It's possible they have extended this or suspended this due to COVID...check with them to confirm.

https://www.ncdot.gov/dmv/help/moving/Pages/new-residents.aspx

Quote

Within 60 days of establishing a permanent residence in North Carolina, new residents who plan to operate a motor vehicle must get a North Carolina driver license and title and register their vehicles with the N.C. Division of Motor Vehicles.

 

3) IMHO, it's best to have a copy of what you sent with the I-751 originally, along with any new evidence you want them to consider.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

Hi. Did you apply for N400 also? 
i read i think on Facebook that someone had this kind of situation ( but with n400 filed), and during the combo interview IO made sure that she lived 90 days in new state also...it’s just that I remember...
Better to call uscis or ask immigration attorney who is based  in new state... 

and- did you have interview in US for first GC ( 2 years one)?

good luck and keep us posted please.

Posted
3 hours ago, TheKingmaker said:

@geowrian - We sold our cars and don't really need a car for anything here given the WFH situation. The ONLY reason we would get a NC DL is for the ROC Interview.

 

Why not just get a NC state ID?  That will show both of you with the same address. 

Posted
9 hours ago, Phoenix777 said:

Hi. Did you apply for N400 also? 
i read i think on Facebook that someone had this kind of situation ( but with n400 filed), and during the combo interview IO made sure that she lived 90 days in new state also...it’s just that I remember...
Better to call uscis or ask immigration attorney who is based  in new state... 

and- did you have interview in US for first GC ( 2 years one)?

good luck and keep us posted please.

No N400. Will keep you all posted. Have been through the entire process without an attorney, so will do this one without one as well. 

Posted
7 hours ago, Diane and Chris said:

Why not just get a NC state ID?  That will show both of you with the same address. 

I really don't like the idea of going to the DMV during COVID times. USCIS you can't avoid, but I would rather avoid the DMV anywhere south of Pennsylvania right now.

Posted
3 hours ago, TheKingmaker said:

I really don't like the idea of going to the DMV during COVID times. USCIS you can't avoid, but I would rather avoid the DMV anywhere south of Pennsylvania right now.

FYI, your spouse will have to go with you to the interview.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Posted
Just now, TheKingmaker said:

Yup...that we know. We're both going.

It will be fast, make sure you got all evidences. It is pretty much rechecking so you don’t have to worry.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Posted
7 minutes ago, NancyNguyen said:

It will be fast, make sure you got all evidences. It is pretty much rechecking so you don’t have to worry.

Yup...we have pretty solid financial evidence. 4 years of Married/Filing Jointly IRS Transcripts + almost 4 years of Savings + Checking Account statements. The only thing we don't have is a NC DL or ID - but will take plenty of other evidence to prove that we actually reside in NC.

 

 

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

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