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Everything posted by OldUser
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@IandI100 why AR-11 is not included in FOIA? Did you send it by certified mail and have a proof of notifying USCIS about address change? If not, then USCIS sent the denial letter to old address, but the right address on file. Forget about Tier 1 and Tier 2 officers, don't get fixated on it, you got FOIA clearly saying the case was denied. IMHO (not a legal advice) you could've had another I-751 pending for 3 months now, instead you lost 3 months already waiting for something that's unlikely going to get resolved without lawyer's help.
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@IandI100 I think your case is moving towards your wife being placed in removal proceedings. Hire a lawyer to challenge the decision (which the FOIA letter says it's impossible) or file new I-751 with help of a good lawyer. Even if you guys file new I-751, the gap between May 7th 2021 (the date I-751 denied) and today (December 20th, 2022) already can cause a lot of confusion in the future at I-751 and new N-400 stages. E.g. I wouldn't be surprised if USCIS will reset the wife's clock for naturalization. This is not a DIY in my opinion.
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No, shouldn't have any effect on her being a sponsor. However, you need to have a clear answer to question: "Why you decided to file taxes Married Filed Separately?" during the interview.
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Birth Certificate RFE for I-485
OldUser replied to dmath's topic in Adjustment of Status from Work, Student, & Tourist Visas
Birth certificate is also issued after child's birth, not before. I see why USCIS is puzzled. Essentially, they cannot trace your identity back to birth and confim you are who you say you are. Furthermore, in many countries, to get a passport, one shows birth certificate to prove their name, date and place of birth. How did you get the passport without proof of your name? You definitely need to sort this out with Indian authorities and get proper paperwork for USCIS. -
Why do you think K-1 is easier or more preferable route than CR1? That's what USCIS are trying to achieve. Is this case important to you? What is the documentation that's missing?
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N400 Experience
OldUser replied to Vegas i-751's topic in US Citizenship Case Filing and Progress Reports
Congratulations and thank you for sharing your experience! -
Hi @VINHIVY, USCIS does not extend the extension letters. Extension letters only extend green cards, and only up to 2 years. If your wife's case is not decided in 2024, and extension letter is expiring, she would have to contact USCIS to get InfoPass appointment. She will have to show up at local field office to receive I-551 stamp in passport, which will be valid for 1 year. And keep doing it until case is decided.
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Traveling on Extension Letter?
OldUser replied to Derwood's topic in Removing Conditions on Residency General Discussion
This thread is about expired greencard and extension letter for I-751. I-551 stamp is another beast, but thank you for your input. -
If by stability you mean 10 year card, it's a big no, and it may bite you in the future. If I was you I'd divorce him, get 10 year GC, get naturalized, work on my career etc and if by the age of 25-26 you're still together and your relationship matures - just remarry. That way you have less problems with USCIS and your husband doesn't have any control over your life, at least when it comes to immigration. That would equalize any imbalance of power in relationship too. Of course, you're the only one who knows what's best for you.
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Do you realize the plan of staying together so you can get immigration benefit can be perceived as fraud by USCIS? Also, what are you gonna do if you're called for an interivew, and he changes his mind the evening before or day of the interview, he's not going to go there with you? What if he controls your finances, makes you meet any demands he may have. And if you're not doing what he wants, he threatens to not help you with I-751 or citizenship. Are you ready living with him for another 3-4 years potentially before and while your I-751 is pending?
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ROC Evidence Review
OldUser replied to M&Y_2019's topic in Removing Conditions on Residency General Discussion
@chancecody congrats with AOS approval! You're setting yourself up for success by planning ahead and learning the process. After I-751, you will have a choice of applying on 3 or 5 year rule (if eligible at the time). 3 year rule N-400 is pretty much lightweight I-751. Also, if you haven't got your unrestricted social security card (if you had other status and SSN card prior to AOS), it's also advisable to get it. -
ROC Evidence Review
OldUser replied to M&Y_2019's topic in Removing Conditions on Residency General Discussion
It's all up to you, people did all sorts of things and got approved in the past. I included all docs, from the start of marriage to the date of filing, because I-751 instructions tell to do so. Selected photos (1-2 per month) from the wedding to date of filing too. -
Agreed, it's sad. It's kind of general, almost universal knowledge in many countries of the world. I cannot go as a tourist to Australia and expect to vote in General Elections there, since I am not a citizen there. Even if I lived there since I was 5, but wasn't born or naturalized there... It's like having to explain you cannot legally drive a car in the US without getting a driver license first. One would think it's common sense. Oh well... I guess US could do more effort explaining to everybody who can vote and who cannot.
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