my niece married a US citizen in June 2000 and left with him to his parents' country in
September after receiving her AP. Her AOS was filed in New York in June 2000 but she has not heard anything about her application (no case number, no date for first interview) - is this abnormal? Is there any way to get this information? She's written to the DOJ but there has been no reply. Another question: she doesn't plan to return to the US until the interview. She and her husband were renting an apartment in New York which they are now subletting so they could argue that the husband was 'normally resident' in the US. Are there any problems with this approach? Would she and he be given a hard time for having spent a year outside the US while their AOS was being processed? Kovan |
in message
> my niece married a US citizen in June 2000 and left with him to his parents' > country in September after receiving her AP. Her AOS was filed in New York in June 2000 > but she has not heard anything about her application (no case number, no date for first > interview) - is this abnormal? Is there any way to > get this information? She's written to the DOJ but there has been no reply. > > Another question: she doesn't plan to return to the US until the interview. > She and her husband were renting an apartment in New York which they are now > subletting so they could argue that the husband was 'normally resident' in the US. Are > there any problems with this approach? Would she and he be given > a hard time for having spent a year outside the US while their AOS was being > processed? > > Kovan > > |
When you said wrote to the DOJ I assume you mean you wrote to the INS. You should direct
letters of inquiry to the local INS office that is handling the processing. Since she received A/P then she must know what her alien ID number is for it is on the A/P. Also NYC is taking 14 to 18 months for interviewing. She is only allowed by virtue of the A/P to be away for 12 months as that is how long it is good for. But yes she can encounter problems with being away for that length of time. The act of AOS means you wish to make the US your permanent place of residency. Being away from it for a year it is not showing the INS that you have this thought in mind. She will also need to return to the US for fingerprinting before the AOS interview. Normally you are advised of this in NYC a month or two before the interview. Rita In article <[email protected]>, > my niece married a US citizen in June 2000 and left with him to his parents' > country in September after receiving her AP. Her AOS was filed in New York > in June 2000 but she has not heard anything about her application (no case > number, no date for first interview) - is this abnormal? Is there any way to > get this information? She's written to the DOJ but there has been no reply. > > Another question: she doesn't plan to return to the US until the interview. > She and her husband were renting an apartment in New York which they are now > subletting so they could argue that the husband was 'normally resident' in > the US. Are there any problems with this approach? Would she and he be given > a hard time for having spent a year outside the US while their AOS was being > processed? > > Kovan > > -- &&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!! The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes |
in message
> > my niece married a US citizen in June 2000 and left with him to his > parents' > > country in September after receiving her AP. Her AOS was filed in New York > > in June 2000 but she has not heard anything about her application (no case > > number, no date for first interview) - is this abnormal? Is there any way > to > > get this information? She's written to the DOJ but there has been no > reply. > > > > Another question: she doesn't plan to return to the US until the > interview. > > She and her husband were renting an apartment in New York which they are > now > > subletting so they could argue that the husband was 'normally resident' in > > the US. Are there any problems with this approach? Would she and he be > given > > a hard time for having spent a year outside the US while their AOS was > being > > processed? > > > > Kovan > > > > > > > > > > -- &&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!! The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes |
Rita wrote:
: She probably just wants to become a citizen to bring the rest of her family into the US. the rest of what you wrote was good information, but i'm not sure what you're basing this on. she went with her husband to his parents' country, not her own. there's no mention at all of bringing anyone over or even of getting citizenship. although i agree it's a bit odd to get ap and then leave for months at a time, it sounds as though her husband had *something* to do with the decision. there've been legit couples residing abroad who've enquired on here about getting a cr-1/ir-1 visa for the foreign spouse because they had the idea it was a "once you get it, you can keep it til you need it" thing. maybe this couple falls into that category. who knows? -- sine | deb benefit of the doubt? |
my niece married a US citizen in June 2000 and left with him to his
> parents' country in September after receiving her AP. Her AOS was filed in New York in > June 2000 but she has not heard anything about her application (no case number, no date > for first interview) - is this abnormal? > Another question: she doesn't plan to return to the US until the interview. She and her > husband were renting an apartment in New York which they are now subletting so they > could argue that the husband was 'normally resident' in the US. Are there any problems > with this approach? I think (and this is only me and my thinking) the act of turning in your I-94 when departing your AOS constitutes an abandonment of that AOS application. However, if you had an AP active at the time of the departure, they will 'suspend' the AOS processing instead (so that you won't miss an INS appointment for fingerprints, interview, etc. while you are abroad). When you re-enter using the AP, they will 'resume' your AOS processing. Staying abroad just delays the AOS, I would think. Therefore, she will never get her AOS interview appointment issued while she is abroad. She needs to stay in the USA to complete AOS (or somehow depart without surrendering the I-94, and give a good reason at the interview why she did not surrender it, if they notice this happened). CP |
It is not a good idea to be out of the US that long on advance parole...INS will
undoubtedly question the absence and wonder why they chose to live in the US...her I-94 upon return and the tax returns will indicate to the INS that they were gone, quite sufficiently, as another astute poster pointed out. Rete indicated she thought maybe the girl only wanted US citizenship in order to bring the rest of her famiy to the US, since obviously she does not want to live here...I have to wonder also... My take: INS will not take the extended absence lightly and the AOS may be difficult or denied. alvena kovan wrote: > > my niece married a US citizen in June 2000 and left with him to his parents' country in > September after receiving her AP. Her AOS was filed in New York in June 2000 but she has > not heard anything about her application (no case number, no date for first interview) - > is this abnormal? Is there any way to get this information? She's written to the DOJ but > there has been no reply. > > Another question: she doesn't plan to return to the US until the interview. She and her > husband were renting an apartment in New York which they are now subletting so they > could argue that the husband was 'normally resident' in the US. Are there any problems > with this approach? Would she and he be given a hard time for having spent a year > outside the US while their AOS was being processed? > > Kovan |
--
> sine | deb benefit of the doubt? > Nope they won't benefit from my doubts! They file for AOS and leave the country semi-permanently subletting an apartment with the hopes of defrauding the INS as to their living residence. He could have just married her, taken her to his parent's country and when they were ready to reassume US residency done a DCF there. Why else get AOS if you have no intention whatsoever of living in the country you plan on becoming a resident of? The comment re USC was off the mark mainly because her time clock for citizenship doesn't start until she is a PR and then it can be interrupted with a long stay out of the country. Rita -- &&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!! The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes |
All times are GMT. The time now is 4:21 pm. |
Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.