US Immigration from Australia

Category: EB2 NIW

Current Status: l am DQed
Next Step: NVC will schedule interview at Sydney Embassy

Query: Can l ask NVC to not schedule interview for 2 years due to my professional commitments.

I had a very scary experience - I endorsed my green card in April 2024; we flew to Hawaii for the stamp, right before my 6-month IR1 initial/temporary immigrant visa, issued by the consulate, expired (expiry date:May 2024). We stayed a week in the USA and flew back to Australia to wrap things up with my American husband. So, there was no time for us to stick around for the actual physical green card to arrive in my hand.

We flew out again from Australia to USA on 7/10/24 (USA date format). No ESTA this time (I am an Aussie), just the immigrant passport sticker in my passport that the embassy gives you after the interview in the Sydney consulate AND the I-551 which got endorsed in Hawaii. My green card has not yet arrived, and is still processing. But my social security card number arrived to our address in America, in May. My Immigrant fee is paid. All of my ducks are in a row.

When we got to the Jetstar check in counter today, my husband hands them his American passport and I hand them my Aussie passport (with the immigrant visa sticker inside). The Jetstar lady replies this visa is expired and points at the date on the sticker: May 2024.

I respond This sticker/visa and the endorsement stamp beside it acts as a green card for 1 year until my physical green card arrives at my US address, because we flew to Hawaii before that initial 6-expiry date, and had the IR1 stamp physically placed beside it in the passport next to the sticker. If you read the fine print on the bottom, it says that Upon Endorsement (stamped beside it by the immigration officer in Hawaii on April 07, 2024) serves as a temporary I-551 evidencing permanent residence for 1 year (from the time of the aforementioned stamp placed beside it by the officer in Hawaii) .

My husband and I at this moment were in panic mode. She responded Do you have an ESTA? I respond I am a permanent resident, I am a green card holder, ESTA is a visa, Green card is residency . She then says I have never dealt with this situation before. I am going to have to hand you over to our service team .

Time for our flight was ticking.

Once we got hand balled to a different check-in counter, my husband intervened to explain to the new service representative (all three of them) how it worked and to read more carefully. The visa sticker in my passport showing the initial expiry date of May 2024 is simply based upon the six month window to enter the USA from the time of placement into the passport at the interview by the consulate. This sticker must be stamped by an officer on USA soil within that 6-month window, and indeed it had already been endorsed in April, when we flew there to do that. She must look beside the sticker at that stamp IR1 , dated April 07, 2024. The paper visa is now valid until April 06, 2025, one year from that date stamp.

The print disclaimer at the bottom clearly says UPON ENDORSEMENT which has been DONE .the visa is valid for 1 YEAR .. from that endorsement, pending receipt of the actual, physical green card in the mail.

She continued to refuse and said I still need to see a valid visa. All of them were absolutely obtuse and robotic. She said, I need to see a valid visa to clear you for this flight. I can t clear you, otherwise it comes back on me! (My husband and I thought: "over the top Aussie" by the book as usual, totally incapable of free thought or reason, and apparently also unable to read ).

I then had to open my laptop and try to track down past paperwork that proves I have my green card. But in fact the aforementioned proof in my passport is already there, as explained. I signed in to the NVC website at the counter on my laptop, searching for some help, and nothing appeared showing that I have a green card status, just that all the previous documents I uploaded for NVC were received. It was very stressful as time was ticking and we were about to forfeit our flights, accommodation, etc.

My husband was very stressed and tried several times to explain to them the immigration requirement s and encourage them to read the fine print .to these three clerks who had it in their power to ruin our trip. We tried to call the embassy but it was not taking calls.

So here I was, stuck at the Jetstar airport check-in counter at Melbourne airport, by now one hour before our flight. They kept yammering on about the now totally irrelevant ESTA, and the expired immigrant visa, (according to them). These clerks stubbornly, robotically, mindlessly still wanted to see a valid visa.

The representative finally made a phone call to someone in the USA thankfully, after nearly 30 minutes of refusal, and they ended up clearing me. We then made it just in time for our flight.

I hope in future that when I do fly out of Australia again, I will have my physical green card and will never have to go through such distress again!!

My only gripe with the USA is that they do not send a pdf or email letter showing some words that say my green card is granted and it s in the mail processing, to pacify these dim witted nabob gate keepers in the Ozzie airport.

Any comments, tips or advice would be greatly appreciated, and perhaps what you may have done differently. Also, does anyone know where I could get an official letter on the NVC site saying I am a green card holder?

I filed my n400 a few months ago based on 3 year rule, marriage to my US citizen husband. I officially became a LPR in late 2019 via K1 and AOS route, and simply didn t file for citizenship sooner because it wasn t on the top of my list of things to do at that time.

My questions are around the presence rule.

Right when Covid hit we had a baby, a week into the lockdown. Birth was traumatic, baby went to NICU. Child ended up in lots of therapies. I had postpartum depression. After not traveling for years, none of my family having met our child, I started traveling with our child in 2022 to meet family and spend time together. My husband never came on the trips with us because he couldn t get so much time off of work. We agreed that I was to travel with our child alone. So my travel outside of the US looks like:

- 124 day trip in 2022
- 29 day trip in early 2023
- 130 day trip in late 2023 to early 2024

Upcoming travel around 100 days in 2024, that I would fly back in-between, or cut the trip short for an interview if I get one during that period. I want to do this trip now before our child starts kindergarten.

I know they will ask about updated travel at the interview so I ve added all the days up with the upcoming travel, and I meet the 18 months out of 36 rule. I have never spent 180 or more consecutive days out of the US. I file US taxes as a resident jointly with my husband, we live together. I ve been studying online throughout this time.

I m starting to overthink. Will they think it s weird I travel without my husband? In reality I have a really supportive husband, but I m worried the fact I travel without him is going to raise concern. Is my spending more than 180 days out of the US in 2024 (not consecutively) a problem? Can my husband attend the interview with me? And my 50th question, should have I not filed n400 given my amount of trips taken?

Thank you for taking the time to read!

Hello all,

I am a recently naturalized US citizen & submitted my application for my first US passport this week. I just realized I have entered an error on the application regarding both of my parents birth location (both foreign born in Australia) - I entered Sydney on the application rather than entering the precise local town location ~1 hour away (this town is listed on their passports / birth certificates).

Is this a cause for concern and should/how do I correct this?

Thanks

did my interview today. The officer didn t ask for any of my documentation didn't ask for any new evidence because he said that uploaded more than enough when we filed didn't asked me any questions and said he need to speak to supervisor regarding our application so he couldn t give me an answer yet, just wondering how long after an interview before you get a decision