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misa

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Posts posted by misa

  1. Debbie, do your parents live in the U.S. at all?

    I was born overseas. One of my parents was a U.S. citizen but never lived in the U.S. One of my grandparents was also a U.S. citizen. Could I have derived U.S. citizenship?

    If your parent was a U.S. citizen when you were born but had not lived in the U.S. for the required amount of time before your birth, but one of your grandparents was also a U.S. citizen and had already met the residence requirements, then you may still have derived U.S. citizenship. For more information, please check our website, or the State Department website at www.state.gov.

    http://www.uscis.gov/files/article/A4.pdf (page 2)

  2. #6: Yes, your passport.

    #8: Many people only submit the most recent year's tax return and W2 since it's a requirement when filing the I-864. The 2 years prior to the most recent return as well as employment letter and paystubs are only supplementary. Birth certificate for USC, green card for LPR.

    #9: If based upon marriage, the marriage certificate and bona fide relationship evidence (already covered in other points).

    #11: It should be the passport used to enter the U.S. (unless it was lost). The officer will be looking at entry stamps, the visa (if applicable) and the I-94. If the person renewed their passport since entry they should bring both the old one used for entry and the new one (some offices still provide the I-551 stamp upon approval). If it expired after entry, I don't think it matters but hopefully someone can clarify.

    #13: Yes, BC if the person is a USC. Green card + BC for an LPR.

    #16: Yes, the more the better. Postmarked envelopes/mail addressed to both people can be used as "evidence" as well. To make the officer's life a little easier, bring originals and copies so they can keep all the copies in your file and don't have to photocopy it themselves.

    #17: Sometimes things get lost. I brought originals of everything I submitted and had a complete copy of my I-485 & I-864 package. I personally think it's a good idea to bring a complete copy of what was originally submitted.

    Some officers are pickier than others. Many don't need to see everything but I have read reviews where they requested to see everything on the list. Better to be over-prepared than under-prepared.

  3. You/they don't have to change the I-130 to reflect a U.S. location as you do not interview in the U.S. based on an I-130 alone. Your wife willl interview for permanent residency with a filed I-485. All an approved I-130 does is grant an immediately available visa number to be used for either consular processing for a CR-1/IR-1 (first processing through the NVC) or for adjustment of status (I-485). There is no visa pickup in the U.S.

    There are many people who put down a consular post in their I-130 petition only to change their mind by abandoning processing at the NVC, file for and enter on a K3 and file for AOS instead. The fact that they put down a consular post on their I-130 was of no consequence.

    If the lawyers are not answering your questions and explaining everything clearly, you may wish to seek different legal counsel.

    Hope this helps!

  4. If you move, you contact USCIS with your NEW address. As long as you update your address with them, the letters cannot get lost. You have to be responsible for that. Put your husbands address as your mailing address but make sure you put YOUR address where it says Place of Residence.

    In theory yes, but USCIS is notorious for sending out mail to old addresses despite filing AR-11 online with pending petitions. Some mail carriers also will not forward USCIS mail even if you also changed your address with USPS. Good old USCIS! :P

  5. I'm sure everything will be fine. Hopefully once they receive it they'll issue you an interview date so at least you have a date in sight! :)

    In the meantime, start gathering stuff showing bonafide relationship -- anything showing comingling of assets (joint bank accounts, joint bills) and anything else showing "joint" something. I posted a list of what I brought to my interview in my signature. I also ended up bringing postmarked envelopes that were addressed to both of us as additional evidence.

    You will also be required to bring in 3 years worth of tax returns along with W2s for the interview and 2 months of recent paystubs and employer letters. I would wait until closer to the date for the employer letters. The interview letter you get will list off what to bring and those (re: 3 years of tax returns, pay stubs, employer letter) were on it.

    Thanks re: the comment being thorough. I prefer that term over being ####### or neurotic like my husband says I am. I drive him crazy with this stuff. ;)

  6. Sounds good to me too. Get that checklist and DS-230 part one faxed off!

    And don't forget to follow-up by email the next business day... just to "check" if they got the fax okay and if an interview date was scheduled. :P

  7. Hubby's CR-1 was completed at the NVC on 8-30-07......

    not too shabby for the NVC overall

    8 months total and the delays were caused by us; we waited 3 months to send back the choice of agent and then took us 6 weeks to respond to the July RFE. They received the response in the system on 8-21 and completed review 9 days later ......Im moderately impressed.

    so whats the concensus on case complete to interview as of late?

    Glad to hear you got the case completed! :)

    I was just looking at your timeline... while I know that you both want to get the CR-1 over with, if you choose to interview after your 2nd wedding anniversary he'll be granted a 10 year greencard and not required to lift conditions. Just a thought if you feel like taking a break from this stuff for awhile and if he doesn't need to work right away. If he does need to work, he can also file for an EAD based on his K3.

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