kenk3z

Well, that's their official word on the USCIS web site. And we know the official word is optimistic.

The Green Card extension is good for 12 months. Since we know that will be exceeded now in almost all cases, what do we have to do to protect our immigration status? And our right of travel out of the country status?

I presume the immigration status doesn't change after the 12 months is up, unless of course you have to "prove" you are here legally. But you certainly can't leave the country and expect to come back in on an expired extension NOA.

So what do we all do? We have to get an InfoPass appointment for a passport stamp? If so, how long do you think that stamp will be valid? Will there be problems getting an InfoPass appointment if we ALL have to go?

kenk3z

We can only make a guess.

My guess is that all USCIS wants to see is that the married couple file a tax return together as a joint return. That is what most married Americans do, and that is what they want to see from new residents too. It makes good evidence that the two people are working together as one family.

I do not think they look very deep into the tax return beyond the fact that you file together a joint return. They don't have time for that.

So, my recommendation is that you send in whatever tax returns that you have filed together as a joint return. Your case may take so long, that you will have filed a tax return for 2008 by the time they get to your case. Be sure to keep a copy of that future 2008 tax return, because you may need it if they send you an RFE (Request For Evidence) for more financial information.

If you feel the need to explain something about the tax return, you could say something on the cover letter that there was not much income in some time amount because you or spouse were traveling and on long vacation.

Good Luck to you both,

kenk3z

It is going to take a long time for them to even get to your case.

In the meantime, you may be filing this year's tax return while your application is pending.

Keep a copy of it handy if there is an RFE.

My personal theory is that USCIS is issuing blanket RFEs for current-year tax returns if they are not included, and if enough time has gone by that they may have been filed since the application was submitted. As someone else mentioned, I think it is a "checklist" thing that they just send an RFE without thinking.

So the stupid thing about this process is that the processing of our applications takes so long, that another tax filing date passes, and everyone gets an RFE for their latest tax return.

All you can do if you haven't filed current year taxes is just send in every past year's tax forms where you have filed together jointly. And don't forget to properly file 2007 tax returns before the end of 2008 (even if due a refund) because you have to file in 2008 to get the "stimulus" tax rebate check.

kenk3z

Since you can not be sure what they have in the file for your case, you may want to send everything again plus anything new that you can add to the pile of papers.

The reason I say this is because it is possible they have lost some of your evidence papers. You can't be sure if this is what happened or not, so just send everything over again, plus the new stuff.

When you do that, put a cover letter on top of the pile with a list of all the thngs you are including.

My real opinion on all the RFE issues is that USCIS has a policy to issue one if so much time has gone by that another tax return should be available. They just want to see everyone's latest tax return. Pretty sad really, they delay the process for so long and then delay it some more just to request another year's tax return.

I expect the same thing on my case, even though we have submitted plenty of evidence and have a child together. They are going to want our latest tax return.

It is also obvious that USCIS has dumped processing of I-751 in order to process more N-400 before the Presidential election. Not very fair really.

kenk3z

Also, it is my understanding that if you file your 2007 Federal tax forms ANY TIME before the end of the calendar year 2008, you will get a tax rebate. It was not necessary to have filed before April 15th. You will simply get your rebate check some appropriate amount of time after filing.

So by all means take care of this issue and get the SSNs done and then file taxes using the new SSNs.

kenk3z

My wife received the same thing on Saturday from Vermont Service Center. Looks like the common thing between us is the Vermont Center.

They must be messed up beyond belief.

Same thing as reported above - a big "Duplicate" watermark over the body of the document. And we received a bonus - they misspelled my wife's first name this time around. There is a different receipt number too.

My first thought was that my wife's biometrics were somehow not right, and a request to come back again for biometrics was on the way. Now that I see others posting the same thing, I think it is more a general condition of VSC being seriously disorganized.

At this point, it is speculation to try to state what they have done. Some kind of records problem I fear. About the least troublesome I can think of is that perhaps they have had a lot of people who have not received the NOA about status extension (1 year) and are send out a mass of duplicates.

kenk3z

Hello,

I remember previously for my wife's conditional green card there was an indication that biometrics had been received in the USCIS Case Status system.

This time around, my wife had her biometrics done three weeks ago, and the Case Status has never updated to show biometrics has been received. It just shows the original "application received" status.

Is this routinely happening to others here? I know the USCIS online case status is not completely trustworthy, but I wonder how long we should wait before inquiring more directly? Surely they don't "lose" or "misplace" biometrics?

You were never "out of status" because your I-751 application was received before your green card expired. The notice date is just an indication of how long it takes USCIS to get a letter out of their office.

I was also late in the 90-day window with my wife's application and had similar dates to yours relative to the green card expiration.

kenk3z

My wife's case was in CRIS prior to biometrics. Then she had her biometrics done February 14th. I thought that I'd check CRIS to see if her status had been upgraded to reflect successful biometrics.

Instead, the system can't find her case. Anyone else having trouble? I thought they might be down for maintenance or some other reason.

kenk3z

I was browsing through the Virginia DMV requirements for proof of residency and found that they will accept an un-expired Conditional Green Card, and will accept an expired Permanent Green Card. They make a distinction between these two versions of Residency card. I guess the theory is that Conditional GC holders may be deported.

I was worried that we might have trouble identifying my wife when we apply for a US passport for our toddler son, but it turns out for a passport they will accept my wife's Thailand passport as her identification. I thought maybe they would require an unexpired Green Card, which she no longer has while waiting for her first 10-year card. But I suppose there are instances where an alien spouse gives birth to a child while visiting on a tourist or student visa, etc.

So what I would generally recommend to everyone is to try to get a driver's license while the 2-year Conditional Green Card is still valid. Ideally, you get this done while the card is still valid and you have the one-year I-797 extension notice. Or, if you already have a license using a 2-year card, you go to DMV and get it extended for one more year when you get the I-797 and while your Conditional card is still unexpired.

If you wait until your Conditional card is already expired, some state DMVs may not accept it as proof of valid residency.

kenk3z

If you were reviewing documents and something was blanked out, would that tend to make you suspicious? I can tell you that your bank information is NOT confidential to the US Government, so you might as well send it in voluntarily to the USCIS and let it be reviewed. Do not blank out ANY item of information on anything you send in to the USCIS.

You also may be filing taxes jointly as a married couple. If so, send in either transcripts or a copy of your last tax return forms. If you get a refund check addressed to you jointly, keep a photocopy of that to send in too.

So, do the best you can and the worst that can happen is you get called in for an interview. I think you probably got tagged for an RFE just because you blanked out the balances on your bank statements. It seems you have enough evidence, just don't try to be evasive in any way. If something about having your account numbers in a file at USCIS bothers you, then after the Green Card comes in just close those accounts and open new ones somewhere else. Personally, I would worry more about bank employees wiping out my account than someone at USCIS.

kenk3z

We have received the biometrics appointment letter. We get to go on February 14th. So, we get to spend Valentine's Day at a USCIS Application Support Center. How romantic!

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I had heard that only the person getting biometrics can enter, but our letter says that other people will be allowed in if their purpose is to assist with filling out the forms. So I expect to go in with my wife. Plus, we have a child 19 months old who needs to go in with her. I'm pretty sure my kid can scream louder than any cell phone ring tone ("no cell phones allowed") - hope they enjoy his visit.

kenk3z

OK - how about taking a shot at explaining why they need new biometrics at two years? Have your fingerprints changed that much in two years, and your physical appearance (on average)? Or are they just keeping people employed at $85 for 5 minutes of work?

My wife will probably be happy to get the new picture. She was about five months pregnant and sick for her last picture. But given the choice to just get the card without having to do biometrics again, I think she'd just take the card.

Since a K-1 can apply for citizenship after three years of residency, I'd like to see the conditional green card valid for three years. Upon filing the application for citizenship, an NOA would be issued extending the validity of the conditional green card for one year while the citizenship application is processed.

Is that too logical?

kenk3z

So, what do you think is the actual DENIAL percentage for people filing to remove the conditions on their permanent residency? I can't imagine it would be very high. Certainly no where near the denial percentages on the other steps in the residency process.

My guess - 0.05%

Having suggested a point - do you think all this "conditional permanent residency" stuff is really just all about collecting easy revenue for USCIS?

Why not just go ahead and issue a 10-year green card right at the start? If USCIS wants, they can have their little "evidence" review at the 2-year mark. If there is a reason for a denial, they can just pull the validity of the 10-year green card.

Same impact, just less revenue?

kenk3z

It may be something that you want to try getting corrected.

Not only because it is plainly incorrect, but also because it could impact future processing of her permanent residency and may have some impact on how long she has to wait to apply for citizenship.

I don't know anything about the actual impacts, but it would bother me enough to try getting it corrected. You should be able to just file the no-cost form people file to get green card mistakes corrected.

There was a rash a while back of people getting the wrong gender (sex) information on their green cards. To me this could cause a whole range of serious problems, from marriage legality issues to emergency medical care mistakes.

It is a disappointment, but you're dealing with Government employees, or worse yet, contractors who don't even have the experience the Government employees have.

kenk3z

We received the I-797 NOA for the application to remove conditions last week. It is interesting to note that the form has a "Receipt Date" and a "Notice Date". Fortunately the Receipt Date shows that they received it January 3, 2008 (before my wife's card expired on January 10th). The Notice Date is January 12, 2008. I guess that means she was never actually "out of status", although for a few days she had no I-797 letter to prove it.

It may be that the data of the application is the date you send it via the mail, if you can prove it with a postal receipt.

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In our case we did not send in tax transcripts. I just sent in a copy of the one joint tax return we have filed together so far, along with W-2 statements showing "Married" status. In addition, I made a scan of our tax refund check, made out to us jointly and addressed to our home, and sent that in. I think the joint tax refund check, being a government document, has some weight to it.

So, I mention the jointly filed tax refund check as good evidence. I have not seen this mentioned here before.

kenk3z

My wife and I are in the process of removing conditions on her residency.

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I'm expecting the NOA soon because the check we sent for payment has cleared the bank.

In our situation we cut the submission of the I-751 quite close to her green card expiration. Her card expired on 1/10/2008. The way the timing is working out, I expect that she was "out of status" for a few days. But I do have a USPS delivery confirmation of the application being received at VSC on 1/2/2008. All in all a little too close for total comfort.

kenk3z

You are in a fortunate position to the extent that you are close enough to drive to the Thai Embassy and take care of things in person.

There is a Thai Embassy web site with the forms necessary to apply for a new Thai passport while residing in the USA. Download this form, get the passport photos taken, and prepare things for another visit to the Embassy during their service hours. www.thaiembdc.org and go to "Consular Services"

Additionally, there is a form on the Thai Embassy website to report "Registration of Marriage". This is under the "Registrations" subsection of the "Consular Services" area. Essentially, this form reports the marriage, who the Thai citizen married, and any resulting name change.

Prepare to pay the fees associated with filing these forms.

Now, when you take all this to the embassy, I can see how it may go one of two ways. They may issue a new passport. Or, as in the case of my wife, the Embassy stamped in a three-year extension of validity. Her passport had already been expired for nearly a year. So essentially she has two more years.

There is also a section of the Thai passport for something like "Endorsements" or some such title. I don't have her passport in front of me. Anyway, there is a nearly full page stamp that goes here in both Thai and English language that states the passport holder has married, and now goes by her married name which is plainly stated.

So, with this my wife has a valid passport. We expect to be able to get tickets in her married name. No doubt this will fail the initial tickets vs. passport check, at which time we will point out the name change endorsement and hopefully be on our way.

You may find it beneficial for your wife to be there at the Embassy with you. In fact, my wife went in by herself and handled the whole thing. I expect there could be some difference in treatment accorded to the Thai citizen compared to the foreign husband.

Your results may vary, as does everything else associated with official Thai business.

kenk3z

Considering current events in Thailand with the coup situation - I hope everyone in the queue for visa processing stays safe and sound, and the delay (if any) is minimal.

kenk3z

I recommend you wait the extra few days until the Social Security Card shows up, and enter the SSN on the AOS form. It probably doesn't make any difference.

On the other hand, the official at the Social Security Administration verified the K-1's Passport, Visa, AND (in many cases) Marriage Certificate in the process of approving the applicant for a SSN. That "may" carry some weight with USCIS as far as getting your case transferred to CSC so you don't have to go in for an interview.

We did the original SSN card under the K-1 fiance's maiden name, then got married, then applied for a new card with her married name. No problems provided you have about 14 days of validity remaining on the I-94 in the passport.

kenk3z

When he comes back, after being in Tennessee, he's going to appreciate that not all Americans and all of America are rich. You should drive him through some of the richest neighborhoods in Birmingham, and ask him, what do you want your life to be like?

I'll bet if you can control the anger when he returns, you might get some interesting stories.

Tell him he's going to turn out just like what he saw in Tennessee if he doesn't get himself together and work for a better life. Have him smile in the mirror and tell him that if he goes the Tennessee route, most of those teeth will be gone by age 35. He will have seen that for himself.

kenk3z

You may be getting worked up over something that is just a short-term mood you wife is in. After all, you're dealing with an illogical woman here.

In fact it might be something else entirely that is bothering her and she is using the religion thing as an excuse.

Some of what you do depends on your goals. You have already sent the AOS package off, and your case might be transferred to CSC and your Green Card may arrive without much further effort, no interview. So, you may want to tolerate the wife, even though you are not 100% happy, until you reach the goal of permanent residency. Until you reach that point, your wife has a lot of power in the relationship.

Perhaps your best plan is to be extremely tolerant of her and cooperate a bit with her desires - but I think many here would agree she is being unreasonable.

I feel your pain though. I got trapped by Jehova's Witnesses on my front porch one day. They really like to talk a lot. I thought they were just lost and needed directions. A long conversation developed. And they keep coming back - but now I don't answer the door.

She picked a very bad time to decide that she MUST have a Jehova's Witness as a husband, didn't she?

kenk3z