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i-90 Removal Proceedings question

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Hi all, my wife is filling out an i-90 as she received the incorrect green card (CR-1 when she should have received IR-1 due to entering USA after the 2nd anniversary).

 

 

I have 3 questions about the form:

 

Question 1: Part 3, item 4: "Have you ever been in exclusion, deportation, o removal proceedings or ordered removed from the United States?

 

This question is icky as she has to bring up a rocky past:

- 10 years ago, she was denied entry in USA when she was 18 years old, then had her asylum case denied and put into removal proceedings. 

- We don’t want to open up this can of worms since it was acknowledged and forgiven by the US Consulate interviewing officer who told her that the 3 year ban was over.  What would you guys suggest on how to approach this explanation?

 

Question 2: In Part 1, Item 14, Class of Admission - do we put CR1 or IR1? She was incorrectly given a CR1 when she was supposed to get an IR1.

 

Question 3: My wife changed her first name after we got married (made her middle name her first). She a name change certificate thats also in English from the German Government. Would a photocopy or apostilled copy be ok or do we have to send in the original certified document? 

 

Really appreciate the community's help thank you.

Edited by xzsca10
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Filed: Citizen (apr) Country: Ecuador
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As perhaps our wisest VJ member says, "Read carefully, interpret literally, and answer completely & honestly."  USCIS (and CBP) thrives on the truth, always.

 

You'll get this all straightened out.  Be sure to let us know.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Myanmar
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3 minutes ago, xzsca10 said:

This is not “Do it yourself”? 

Again: no it is not.

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48 minutes ago, xzsca10 said:

This is not “Do it yourself”? 

The complexity of immigration history likely requires a decent lawyer who can help preparing all the forms; more importantly, prepare the petitioner and beneficiary for potentionally tough interview; and step in during the interview if IO is not following the Policy Manual.

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1 hour ago, OldUser said:

The complexity of immigration history likely requires a decent lawyer who can help preparing all the forms; more importantly, prepare the petitioner and beneficiary for potentionally tough interview; and step in during the interview if IO is not following the Policy Manual.

Got it! I don’t think there will be an interview since it’s about simply fixing a DHS error on her green card.

 

But would greatly appreciate any attorney recommendations for the I-90. 
 

we are definitely ready to hire an attorney

 

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Filed: Citizen (apr) Country: Taiwan
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11 hours ago, xzsca10 said:

Hi all, my wife is filling out an i-90 as she received the incorrect green card (CR-1 when she should have received IR-1 due to entering USA after the 2nd anniversary).

 

 

I have 3 questions about the form:

 

Question 1: Part 3, item 4: "Have you ever been in exclusion, deportation, o removal proceedings or ordered removed from the United States?

 

This question is icky as she has to bring up a rocky past:

- 10 years ago, she was denied entry in USA when she was 18 years old, then had her asylum case denied and put into removal proceedings. 

- We don’t want to open up this can of worms since it was acknowledged and forgiven by the US Consulate interviewing officer who told her that the 3 year ban was over.  What would you guys suggest on how to approach this explanation?

 

Question 2: In Part 1, Item 14, Class of Admission - do we put CR1 or IR1? She was incorrectly given a CR1 when she was supposed to get an IR1.

 

Question 3: My wife changed her first name after we got married (made her middle name her first). She a name change certificate thats also in English from the German Government. Would a photocopy or apostilled copy be ok or do we have to send in the original certified document? 

 

Really appreciate the community's help thank you.

1.  Of course, the answer is yes.

2.  What was listed on the spousal visa? (although it doesn't matter, imo)

3.  Don't send originals.

 

 

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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13 hours ago, xzsca10 said:

Hi all, my wife is filling out an i-90 as she received the incorrect green card (CR-1 when she should have received IR-1 due to entering USA after the 2nd anniversary).

 

 

I have 3 questions about the form:

 

Question 1: Part 3, item 4: "Have you ever been in exclusion, deportation, o removal proceedings or ordered removed from the United States?

 

This question is icky as she has to bring up a rocky past:

- 10 years ago, she was denied entry in USA when she was 18 years old, then had her asylum case denied and put into removal proceedings. 

- We don’t want to open up this can of worms since it was acknowledged and forgiven by the US Consulate interviewing officer who told her that the 3 year ban was over.  What would you guys suggest on how to approach this explanation?

 

Question 2: In Part 1, Item 14, Class of Admission - do we put CR1 or IR1? She was incorrectly given a CR1 when she was supposed to get an IR1.

 

Question 3: My wife changed her first name after we got married (made her middle name her first). She a name change certificate thats also in English from the German Government. Would a photocopy or apostilled copy be ok or do we have to send in the original certified document? 

 

Really appreciate the community's help thank you.

They know about your wife’s history so you aren’t “opening up a can of worms” you’re just confirming information they already know..

 so, whatever she wrote in her DS260- write that. Then you can include the fact the 3 year ban is over and she was given an immigrant visa. If you want to consult with a lawyer to be safe I would do that… 

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Filed: Citizen (apr) Country: Hungary
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12 hours ago, OldUser said:

The complexity of immigration history likely requires a decent lawyer who can help preparing all the forms; more importantly, prepare the petitioner and beneficiary for potentionally tough interview; and step in during the interview if IO is not following the Policy Manual.

no interview involved, we're talking about an I-90....

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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18 hours ago, xzsca10 said:

 

- 10 years ago, she was denied entry in USA when she was 18 years old, then had her asylum case denied and put into removal proceedings.be honest because indeed she was in proceeding. they know anyway, so no point to hide it. 

 

 

 

Edited by Misscloud
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