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Is Form i751 needed or not?
Scandi replied to HF & HB's topic in Removing Conditions on Residency General Discussion
Well that's good then, they have records of the i-90 and that you sent it in good time. It does unfortunately take "forever" for something that should be easy and quick to fix. -
Is Form i751 needed or not?
Scandi replied to HF & HB's topic in Removing Conditions on Residency General Discussion
The reason you got the letter is because in USCIS system you're a conditional greencard holder and should file for ROC. This is why it's important to file the i-90 for correction the second you receive the card with the wrong info on it, so it's corrected before the system thinks you should file your ROC. So at this point, since it doesn't appear that you have had it corrected, you will be "flagged" in the system if you don't file for ROC, and since you're technically not a conditional greencard holder you can't file for ROC. It's a catch 22. While many applicants file their ROC too late and are just fine, even by several years, others receive letters about their status being terminated and a notice to appear in immigration court. So be prepared that this COULD potentially happen. In the end you will be fine as it's not your error, but not having your status corrected at day 1 could lead to some extra work and headaches. -
Ah, I thought you meant everyone - as in EVERYONE - gets the review letter, which I figured must've been a new-ish thing if so since I didn't get one "back in the day" (how old am I). Either way, yes just like with any other application I guess it's either approval, review or denial. My approval notice was certainly nothing fancy, I received the official approval letter in the mail a week later. OP: Held for review is perfectly normal and nobody can tell you how long it will take, unfortunately. Like powerpuff said, sometimes the person interviewing you isn't even allowed to make the final decision and will have to go to a supervisor to get that done, and if that supervisor is very busy you may have to wait a while. Since the person who interviewed you talked about your greencard it seems he didn't see any issues with your case - so I wouldn't worry about that if I were you. Like with everything else USCIS related, it's just a waiting game.
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Mistake in green card
Scandi replied to Mansoorjan's topic in General Immigration-Related Discussion
Yes, you probably need to show the letter that you have filed an i-90 in order to get the stamp. -
N400 based on three years- looking for feedback!
Scandi replied to Rocio0010's topic in US Citizenship General Discussion
Nope, not a criminal matter at all. -
Post-AOS optional To-Do's?
Scandi replied to EatBulaga's topic in Moving to the US and Your New Life In America
Like someone else mentioned, start preparing for ROC by collecting evidence. They will want to see evidence from the entire marriage. You can't start preparing for ROC too early, in fact, you have probably already started since the day you got married. Regarding SSA, yes you definitely should update your status with SSA to get an unrestricted SS card. This because if you were to lose your greencard you will have a hard time getting a new job with a restricted SSN. A SS card that says "valid for work only with DHS authorization" means the employer will want to see this authorization - something you can't if you have lost your greencard. With an unrestricted SSN you don't need to show your greencard (SS card and drivers license/ID is enough), so it won't matter if you have lost it, for job seeking purposes. -
N-400 Name change during interview
Scandi replied to rosegirl2002's topic in US Citizenship Case Filing and Progress Reports
Because it's so simple, easy and for free when you do it during the N-400 process. At several field offices you don't need to wait any extra time for an oath ceremony when you have a name change, I personally only waited 4 business days (had interview on a Thursday, the field office's next oath was the following Tuesday). We are many who had name changes without having to go through a judicial ceremony, we just had a regular ceremony at the local field office and it took 10 minutes. Had I waited to have my name changed until afterwards, I would've had to go through court myself and pay for it, and I have no idea how long that process would've been. Instead, now USCIS did the work for me and for free. Super easy, super smooth, no extra work on my part other than filling out my new name on the form. EDIT, I looked up what a name change AFTER the naturalization would've been like for me: "You pay a $435-$450 filing fee. If you can’t afford the fee, you can ask the court to waive it. The clerk will give you a date when a judge will make a decision. A judge will make a decision in about 2 to 3 months after you complete a few more steps." So, pretty much super expensive, more work AND would've taken A LOT longer than the 4 days I had to wait.- 4 replies
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I 751 pending
Scandi replied to Revanth's topic in Removing Conditions on Residency General Discussion
Correct, even if the form also has the US spouse's signature on it, it is the immigrant's petition. A US citizen cannot withdraw the immigrants petition (and the i-864 has nothing to do with ROC, that's an AOS thing). Maybe the US citizen pretended to be the immigrant and wrote USICS a letter about withdrawal? Possibly, as USCIS doesn't verify who sends the letter, as long as all the info in the letter is correct. -
Did you have an interview for your AOS? If yes, then your ROC interview is likely to be waived. EDIT to add: It's never too early to start preparing for ROC since USCIS wants to see evidence from your entire marriage. So for ROC you will want to start collecting evidence from the day you get married, pretty much.
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1. Correct. Because with the K-1, you (the US citizen), were the one who had to file the i-129f petition, making you the petitioner. The i-751 on the other hand is not your petition, it's the immigrant's petition, hence the immigrant is the petitioner. The immigrant is also the one receiving the benefit of that petition, meaning she is also the beneficiary at the same time. For the i-751, the only thing the US citizen is, is "the spouse". 2. Both fees are sent at the same time. One check with the total amount is fine (that's how I always prefer to do it myself), if you prefer two you can do that too.
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Receipt number and case number are two different things. USCIS hands out receipt numbers, NVC case numbers. A receipt number starts with three letters of the USCIS service center that has handles your petition. You are absolutely correct that the receipt number can be found on the i-797 document. That's what OP needs if he wants to get in contact with USCIS about his petition. A case number also starts with three letters but they are the letters of the consulate/city where your interview will be conducted. For Sweden for instance, that's STK for Stockholm.
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Possible N-400 Name Change Issues
Scandi replied to IAmKhaye's topic in US Citizenship General Discussion
When you get married and you choose to use your spouse’s last name, then it's an automatic name change (ie you do not go to court to have your name changed, the marrige to your spouse is enough to change to his/her last name). Your marriage certificate is the proof of that name change. If your married name is the name on you immigration documents (greencard etc) and that's the name you want to keep, then you don't ask for a name change when you naturalize, that is already the name USCIS has on file for you. Seems like you ended up asking for a name change at the interview, so your certificate will be in the name you chose to change to (ie your maiden name). And no, you absolutely do NOT need to have your maiden name on your certificate. You choose whatever name you want. -
How does custom work for LPR?
Scandi replied to customques's topic in Working & Traveling During US Immigration
CBP is asking about your travel to the US, not to your home country. If you live in the US then your travel to the US isn't about business, so the answer is no. -
How does custom work for LPR?
Scandi replied to customques's topic in Working & Traveling During US Immigration
Personally I never declare anything. Not food, not jewelry, nothing. I never bring anything that I plan on selling, it's all just gifts for hubby and myself. You SHOULD, I just never do and never have. Neither as a tourist, LPR or citizen. I also never leave the US on my US passport when I travel to EU, which apparently you SHOULD. I only ever use my EU passport. I guess I'm just a rebel. 🤷♀️ Last time I flew a few months ago I brought back several VIPP pieces for our bathroom, they are so hard to come by here. That was goods for a few thousand dollars all in all. -
This happened to me at CBP... is that normal?
Scandi replied to kpelo's topic in Working & Traveling During US Immigration
On my second trip ever on an ESTA, I was checked for explosives before boarding the plane to the US. That was fun too. Had to get a lot of stuff out of my bags, get the laptop up and they swabbed everything and put it into that machine that can detect explosives. Not a big deal or anything, but a little surprising at the time I guess. -
This happened to me at CBP... is that normal?
Scandi replied to kpelo's topic in Working & Traveling During US Immigration
It's normal, just not common. They can do this to anyone, you just happened to be picked that day. It happens. -
Personally I wouldn't get a new medical exam unless asked for it. Just include a copy of the DS-3025 that she received at her medical that shows her vaccines as "complete". USCIS may in some cases request a new medical, but in many cases they don't as it's not needed when you file for AOS within a year of the overseas medical. For me it would be wasted money. I did receive an interview for my AOS which I welcomed, this was back when most K-1s were waived - that's not the case anymore. Most K-1s are getting interviewed for AOS these days (since 2018 I believe), but then you're much more likely to get your ROC interview waived instead. Typically it's "one or the other" with AOS and ROC.
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Naturalization N-400 Interview Questions:
Scandi replied to ambica65's topic in US Citizenship General Discussion
Public charge issues would be for the greencard application. You're already a greencard holder since many years, so that doesn't apply to you.