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NY-Viking

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Everything posted by NY-Viking

  1. This is really important information. Check with the Mexican government to see what their requirements are. As I've stated in other topics, a US permanent resident card bestows on a foreigner certain travel, work, and other privileges for the USA only. It does not make the holder the equivalent of a US Citizen, and every country has its own rules. Some will treat a US green card holder the same as a US citizen for travel purposes; others will require the individual to obtain a visa when one is not ordinarily required for US citizens. With that said, my wife (when she was just my girlfriend) entered Tijuana without a problem on a bus from San Diego (not even a border stop), and on her return to the US had no problems with just her passport and B2 visa (which was for multiple entries ... just like as if she was coming directly from China). My understanding is that for entry to places like Tijuana, Cancun, Puerto Vallarta, etc. - popular tourist destinations with planned short stays that don't go inland - all that was previously required was a US drivers license or passport for foreigners. With the new laws, US citizens need passports too (I think ... they'll need them to reenter the US anyway), but there probably isn't an increased restriction on non-US foreigners for popular tourist destinations like that. But, be sure to check the Mexico consulate's website for its requirements for Chinese citizens and for US green card holders.
  2. Meanwhile, the California Service Center now states it's processing I-751s from September 17, 2007; Texas is about the same as Vermont, processing applications from February 15, 2007. I'm just glad we didn't have to go through Nebraska - it states it's processing them from July 5, 2006!
  3. New Timeline was posted for the Vermont Service Center today. https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=VSC It says posted March 15, 2008, but since I've been looking at it everyday, I know it was just posted today (yesterday it read posted February 15 .... I guess data is current as of March 15 .. but still ...) Anyway, the February 15, 2008 timeline stated they were then processing I-751 applications dated March 2007 .... the newly posted March 15, 2008 timeline states they are now posting I-751 applications dated February 2, 2007. I'm guessing applications were sent to VSC from other service centers, but this really sucks. I don't understand what the increased fees were for if they can't process things more quickly. Ridiculous.
  4. Randy's advice is correct; with no income, no need to file. While I know there were other factors involved (romance, picking the "perfect date", availability of locations, etc., etc.), from a tax standpoint, it really is too bad you didn't marry late in December 2007. That way, you could have filed jointly and had the benefit of bigger deductions, and since she didn't have any income, you wouldn't have had to add anything. Plus, with the stimulus package, you would be eligible for a bigger rebate; and now it doesn't seem that she'd be able to benefit from the rebate on her own since she didn't have any earned income, or ss benefits, etc. Oh well ... live and learn ... you can always plan for kids to be born at the end of the year.
  5. I didn't know Gerald well, but I do remember exchanging some information with him a few years ago when my SO and I first began the K1 process, and remember him being a good guy. Now that my SO has her 2 year green card and we've applied to remove conditions, I don't visit CFL as often as I used to, and just saw the sad news. I just wanted to post my condolences to the family. You're in my thoughts and prayers. I'm sure he's in a better place, and it looks like he was well looked after during his last days. God bless.
  6. AP let's your spouse back in the US - it doesn't permit her to travel to other countries; each country has its own rules. I believe Mexico and the Bahamas will allow green card holders to enter (basically treating them as US citizens) .. and if you're driving into Mexico, it shouldn't be a problem at all ... BUT make sure you check the visa rules for each country BEFORE you go. Just Google their US consulates to see how they treat US permanent residents, how they treat Chinese citizens, and, if you can, how they treat people who have applications pending. You may be required to get a visa before she gets the permanent residency card, and maybe even after. Again, AP and green cards only permit entry into the US and do not necessarily allow travel to any other country - but some countries DO treat US permanent residents like US citizens for travel purposes - so check with the country BEFORE you go. Edit: Just in case the question was will you have a problem entering the US from a country other than China - NO, that's fine. AP let's you re-enter the US from any foreign country, not just the country of citizenship.
  7. How likely is hard to say. The fact that your father-in-law is staying in China probably helps some, but the major thing will be showing she has a life (including him) to return to - i.e., a job, property, etc. etc. I've also found that having a detailed itinerary (even if it's not really completely followed during the visit) helps so the VO knows it's just a planned "visit" with an intent to return, rather than to immigrate. Whether you mention she's coming for the birth of her grandchildren is questionable. While it's certainly an event they'd understand she'd want to be here for, the thought that she'd be coming as a "nanny" is somewhat frowned upon because although she won't be paid anything, it could be viewed as "work," which she can't do on a visitor visa. So, again, I'd recommend a detailed itinerary with a plan as to where she will visit and how long she'll stay in each place. The first few pages in this thread have a lot of good information about the materials to prepare for the visa interview, so I'd recommend looking through them as well. Good luck!
  8. Just so you know, this is the norm, apparently. My spouse's EAD number on the check (and NOA for the receipt of funds that came shortly thereafter) and the EAD for the biometrics appointment were different; the one on the biometrics appointment is the one you need to track the case online.
  9. Geez that sucks. At least you have the case number now and hopefully they'll be able to arrange another biometrics appointment relatively soon. Did you keep a copy of your papers to show that it was definitely their fault for not including the apt #?
  10. ONE. Read the sentence. You're filing "an affidavit of support on behalf of the following ONE named intending immigrant." If there were two (like your spouse and her son from a previous marriage) there would be two intending immigrants; here it sounds like there's just your spouse.
  11. My wife had a layover in Canada about a year and a half ago on a trip back to China; she had the option of spending the night in B.C., and I have an aunt there, so she decided to enter Canada and spend the night. Beautiful area. Anyway, she had her green card and Chinese passport, but tells me she was given the third degree about why she was entering Canada, how long she intended to stay, etc., etc. They eventually let her in, but did give her a bit of a hassle. And of course, no visa required.
  12. Check this out: http://www.nytimes.com/2008/03/21/nyregion/21immigrant.html
  13. I'd wait a little longer. There are two weekends between 3/7 and 3/17, so it really hasn't been that many days that the package has been received. The check should clear within the week, I'd guess. When you say you confirmed online that it was received, I guess you mean by the usps, ups, fedex or some other carrier website? If so, they'll still need a few days to get it into their system. See our timeline below.
  14. I agree that the forms don't say "MUST" include two affidavits, but as with everything else, they're a good idea. What you want is the kitchen sink. When we had our AOS interview, the woman told us specifically that when we applied to remove conditions, include as much proof as possible - "more is better" were her specific words - and it's less likely we'd be called in for an interview. We included copies of our marriage license, copies of our daughter's birth certificate, passport, ss card and baptismal certificate, lots of pictures with family and friends, affidavit from a couple we know, affidavit from my father, bank statements, copies of insuance documents, copies of credit cards, joint tax returns .... probably some more stuff too that's not coming to mind at the moment, but even with proof of a child, I thought we should include as much as possible in addition.
  15. I believe what you said is right; it seems to me they could figure it out from your papers, and there's some question that says was this marriage the same one you originally came on ... something like that. And besides, it's him (as the immigrating spouse) that they're looking into for increased benefits, so will want to make sure they have the right name for him .... so I think what you said is right. Anyway, I also have an interesting anecdote about name changes that I'd like to add (that does nothing to address your question - sorry !) I'm friends with a couple that met in China and married, and like you the wife is the USC and the husband is the Chinese citizen (or was .. they're both USC now ...) Anyway, since it's not a common practice for Chinese women to change their names (mine didn't), but it is for a lot of a American women, the woman changed her name when they got married, by taking her husband's Chinese surname "Cai" (which we all know is pronounced "Tsai"). Anyway, when the husband took US citizenship, he thought his name was too difficult for Americans to say, so he took an English given name, and changed his last name to "Chai." So, now, despite her taking his name when they married, they have different last names. Go figure.
  16. Well, I can now confirm what I guessed above (and others stated too). When you mail in your I-751, you get a NOA with a receipt number (EACXXXXXXXXXX for Vermont, etc.), but that number is not searchable for USCIS case status purposes. We got the NOA with the biometrics appointment on it today, and it has a DIFFERENT receipt number than the one on the check and on the previous NOA. I just checked online and was able to check the status of our case. Of course, it doesn't actually say anything, other than our application was received and we should follow the instructions on the notice we receive, BUT at least we have something to search with now.
  17. My wife doesn't want to tell anyone until she sees the card. I feel a bit of the same. I have a white board on my fridge documenting our timeline and hope to update it soon. The first entry was made four years ago. Just hoping there's something good to come out of the long wait - i.e., not having to remove conditions.
  18. congrats - I guess you'll be getting the full 10 year card then?
  19. I think nieces and nephews have just as much of a chance as anyone else - they need to show they have strong China ties - they need to show they'll return - if they have a good job, own property, etc. - they stand an ok chance. If they have no money ... no chance at all.
  20. Received the I-797 Notice of Action today for the I-751 Application to remove conditional residence status. It has my wife's information correct, and notes that $545 was received in the form of a personal check (which has been cashed already). Turns out I had the Receipt Number correct from the check image; even though it was blurry, I was basically able to make it out (a couple of guesses ...) and the one listed on this NOA is what I guessed from the check; but when I go to USCIS's website for checking status online and enter the number I get: Validation Error(s) You must correct the following error(s) before proceeding: * Case Status Retrieval Failed * This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center. I don't think I've seen the text of other removal of conditions NOA's posted on here, so I'll type it out. **************The above receipt number MUST accompany all inquiries!************** Your conditional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel. In order to further process your petition, you will be receiving an Application Support Center (ASC) appointment notice with a specific time, date, and location to capture your fingerprints, photo, and signature. You MUST wait for your appointment notice before going to the ASC for biometric processing. NOTE: Conditional resident applicants, including conditional resident dependents residing overseas pursuant to military or government orders WILL NOT RECEIVE an ASC appointment notice. To complete biometric processing, these applicants must submit the required items listed on the I-751 form instructions. If you have not already done so, provide supporting documents to assist USCIS in processing your petition and to establish eligibility to remove the conditional basis of your permanent residence. PLEASE INCLUDE A COPY OF THIS RECEIPT NOTICE WITH ANY SUPPORTING DOCUMENTS YOU SUBMIT. Such evidence may include, but is not limited to, he following items: - Lease of joint tenancy or joint ownership of assets - Joint mortgage agreement and/or property deed - Tax returns - Birth certificate(s) of any child(ren) born from the marriage - Joint policies of life, medical and/or car insurance Upon receipt of your ASC appointment notice, you can find the status of your case on-line at www.uscis.gov. To view the status of your cse, enter the application number found at the top of the ASC apointment notice. NOTE: The I-751 form type will be listed as "CRI89" under application type in our case status on-line tool.Based on what it says at the end of the notice, I think we won't be able to actually track the status of the case on-line until we get the NOA that includes the biometrics appointment. Makes things a bit confusing since if we wanted to include any additional info, we'd be using this receipt number ... not sure why there's two ... makes things more confusing IMHO.
  21. That's a pretty good description of advantages. Of course, the biggest one being you get to be a citizen of the USA, but I digress. My wife and I have been discussing this lately, and while she understands some of those advantages, she also is worried about losing the benefits she's earned in China. True, she might not have to tell China she's a US citizen, but since China doesn't recognize dual citizenship, not sure what would happen if it found out (e.g., when she went to renew a China passport). Anyone have this discussion with your spouse?
  22. It doesn't have to just be US government or military; there's something about working for a US company overseas that furthers US trade. I think that can be just about any US company; I'm not sure what happens if you're working for a non-US company. On the other hand, if you're just "living" overseas (e.g., retired to Thailand or Costa Rica or something) - that doesn't seem to cut it. But, I'm willing to bet that if you maintained a US residence and came back to the US TOGETHER each time and went through the Citizens line TOGETHER, you probably wouldn't have much of a problem. The issue is a lot more likely to come up if the green card holding spouse is travelling back to the US alone, IMHO. But there's no law/provision for this opinion.
  23. Correct. Correct that they could do it ... as with so many things in this process, it all depends on the discretion of the person at the time; like I said above, I know several people who had the "intent" to stay permanent residents, but were working overseas, and only made annual visits to the US. But their status was in jeopard, of course. And, also, that was before 9/11 ... so rules/inspections may be more enforced now as well. I don't have time to do a search on the USCIS pages at the moment, but as I alluded to above, there is an exception if the US citizen spouse is working overseas for longer than a year in certain listed situations. In this case, the residency requirements for maintaining the green card and applying for naturalization are not affected if the green card holding spouse is accompanying the US citizen spouse, which makes sense.
  24. Fill it out and return it by March 16, 2008!!! Man, we were on a similar time line before .. haven't been by CFL a lot in recent months, but we're doing removal of conditions now and thought I'd have a look recently. I'm really sorry to hear things are going so slowly. At least you'll get the full 10 years when it finally comes I guess?
  25. Hmmmm... maybe that's the problem then ... there are a few numbers that could be a 5 or 8 (something like that), but I can make up most of it and tried 2 or 50 times, and it kept saying not recognized; maybe I had it right ... lol. Oh well, NOA shouldn't be much longer, and at least I know it's in the system.
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