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Everything posted by OldUser
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Even with denied I-751 your husband is still considered a LPR until he signs I-407 or immigration judge rules out he abandoned the status. So your husband been out of the US for 3 years? I think he probably abandoned his permanent residency already. But if you apply for a immigrant visa, my understanding is, it will be denied. I wonder if I-131A is still applicable in this case, maybe more experienced forum members can explain.
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I - 751 January 2022 Filers
OldUser replied to Sarge2155's topic in Removing Conditions on Residency General Discussion
Do not apply for neutralization (scary to think what it might be!), rather for naturalization. Nothing special, but it helps including copy of I-751 receipt and cover letter explaining you still have ROC pending. -
Can you please give a link to the post? Did they explicitly say there was no I-751 interview on the same day as N-400 or I-751 hasn't been approved on the same day? If N-400 was somehow mistakenly approved without I-751 approval, it's not legal. There's a written procedure and IO could have broken it (I doubt it).
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Name correction on green card
OldUser replied to Seven's topic in General Immigration-Related Discussion
Are you planning naturalizing? You can definitely change your last name to your maiden name then for sure. -
@Ani_B do you guys have joint lease? ID / DL cards showing the same address? If phone account transactions only show your name and not his name, you may want to show statements from his account highlighting transactions. Are you on a "family plan" of any sort? Also, look into joint Amazon Prime membership etc. Do you have trip together? Flight tickets etc? You don't have to earn money to have a joint account. Should have opened one with your spouse for your joint expenses such as mobile plan etc.
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I-751 June 2021 filers?
OldUser replied to tiantian2's topic in Removing Conditions on Residency General Discussion
Filing N-400 to speed up I-751 does not always work, sometimes it does the opposite or has no effect. Suing USCIS for I-751 decision is an option. Though it looks your case is pending since June 2021. It's pretty normal nowadays for some.service centers. -
You mean processing times? Did you select the city where you're going to be naturalizing? Best case scenario you would have similar to the processing times to the field office of that city. More realistic scenario - you will have delays because of your previous divorce and remarrying situation. Add to that 319b and you complicated your case even more. You really should have hired a lawyer for your case, it's not a DIY.
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Better to be crucified by folks on the forum than by Immigration Officer during stokes interview! She could come to study, she just cannot be 100% sure she will be marrying and staying in the US. While I see your point, I do not agree with you fully. - AOS and CR1 take about the same time nowadays. - If AOS is from B1/B2 the beneficiary cannot work legally in the US for a while, and fully depends on the US spouse. At least the beneficiary usually can work back in their country while waiting for CR1 visa. - Beneficiary going through AOS usually cannot travel anywhere outside of the US for some time, even for emergency. Beneficiary waiting for CR1 visa can take trips anywhere other than US (and sometimes to US) freely. - AFAIK consular interviews are much shorter than AOS interviews at USCIS local field office. - CR1 applicants do not have to worry about immigrant intent, whereas some AOS applicants go through increased scrutiny and have to prove they did not plan to adjust. Of course, there's many downsides to CR1. But to suggest AOS is walk in the park and doesn't have any downside would be unfair.
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I-751 December 2022 Filers
OldUser replied to KAP2019's topic in Removing Conditions on Residency General Discussion
Which state are you in? Not sure why COVID is a problem? At least in California there are no issues renewing or changing driver's license. I updated mine in first half of 2021(more than a year ago) just fine. -
Couldn't agree more with @Mobius1, that was an excellent comprehensive answer. Obtain as much evidence of your marriage as you can right now. Make sure to store it in a safe place (you never know what hurt husband can do). Make hard copies as well as digital copies stored on laptop, USB drive and cloud (Google Drive and similar). Make sure your passwords are secure and not known to anybody but you. A lawyer can help you organizing the case and preparing you for the interview. A lawyer can also try reaching out to your husband to sign a sworn affidavit from him saying the marriage was real but didn't work out. You can also get statement from him yourself if he's cooperative as well as from friends and acquaitences. Good luck!
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Hi @RoyalBlue22 the intent is generally applicable to the immigrant. Scenario 1 Say she arrives on F1 to do her postgraduate degree with intention of going back home. If 3-4 months into during her studies you both realize that you don't want to separate any longer and get married - that's perfectly legal. You just cannot plan this proposal / marriage ahead. You guys marry and she completes her degree. This is perfectly fine. Scenario 2 Say she arrives on B1/B2 visit visa for a long summer vacation or gap between her studies. You spend some time together (few months), and you decide to propose to her, total surprise. She decides to stay in the US. That's acceptable. Scenario 3 Say she gets F1 or B1/B2 visa knowing she's gonna marry you. Or you discuss and plan ahead what your US wedding is going to be like, who's going to get invited, when and where. You plan how she's going to adjust status. All of this before she comes for a visit. That IS immigration intent. If she lies to CBP or consulate about her intentions during interview, that may result with her being inadmissible during AOS.
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Hello guys
OldUser replied to Tamoya30's topic in Effects of Major Family Changes on Immigration Benefits
Very sorry about your girlfriend. Based on what I read on this forum, it's not uncommon to wait 3-4 years to get decision on green card case based on WAVA. Also, the work cards take 8-10 months for married people (straightforward cases). So she may not see a work card for another 6 months easily. -
Hi @Key68 if you don't reply to RFE on time you will likely get your I-751 denied not rejected. You can always file a new one based on divorce in the future. You should definitely notify USCIS about the situation. Perhaps you could reply to RFE with more evidence that you can find. Also, it would be of a tremendeous value to: - Get sworn affidavit from your soon to be ex wife, saying marriage was legitimate and in good faith but didn't work out. - Affidavits from friends and acquaintances saying your relationship was real Include together with divorce decree and you have a better chance of approval. You may also want to hire a lawyer working with you on this case and attending I-751 interview. Good luck