US Immigration from Hong Kong

Hello VJ members,

I should be filing under the 3-year rule in the next month or so. My spouse and I filed tax jointly since I became LPR. However, we filed for extension for 2022 since we were both busy early this year. That said, we have the 2020 and 2021 income tax returns (MFJ). We never owed taxes and we even have credit with IRS.

My window for filing under the 3-year rule will open in a few weeks and let's say I file at the end of July. By the time I have my interview, we should have already filed tax for 2022. I can then either upload that 2022 tax document or bring to interview. I understand the key point is that "evidence that you have paid your income taxes to the IRS for the past 3 years".

Should I wait until we DID file the 2022 tax returns before submitting my N-400 application?

@Mike E mentioned that it's best to use the Employer address on the W-2. I'm also a remote worker and my working location is my home address. On the W-2, my company uses a PO box, but on the Form 1095-C, they use the street address of my company. Can I use the street address instead?

Hi VJ members,

I'm trying to start completing the N-400 Form online to see what info I need to gather. I came across some queries and hope to get advice from you.

Part 2. Information about You

Q1. What is your current legal name?

"Your current legal name is the name on your birth certificate, unless it changed after birth by a legal action such as marriage or court order. Do not provide any nicknames here."

In my case:

- During the IR1 visa application, the legal name I used was the legal name used in my birth country (let's say, DOE, Mary-Ann Jane)

- When my IR1 visa was approved, and because I'm also a Canadian by naturalization, the IO at US Consulate allowed me to choose which passport to use for my IR1 visa. I chose to use my Canadian passport. My name on my Canadian passport is, say, DOE, Jane).

- My name on my Green Card is "DOE, Jane"

Based on how I followed the questions asked in the online form, it looks like that I should

- put "DOE, Mary-Ann Jane" as my current legal name

- put "DOE, Jane" when answering "What is your name exactly as it appears on your Permanent Resident Card?" and uncheck the box "The name on my Permanent Resident Card matches my current legal name."

- put "Canada" as the country of my citizenship or nationality

(A note for the question reads, "If you are a citizen or national of more than one country, provide the name of the foreign country that issued your last passport.")

Am I correct on the above?

And, when asked "Would you like to legally change your name?" Do I put "Yes" if I want to use the name appeared on my Green Card?

Hi there,

I'm in a bit of a weird situation here. I would have completed 3 years out of my 4-year Bachelor's degree after the Spring 2023 semester. I'm transferring to a community college for a year starting Fall 2023, and will return in Fall 2024 to complete the 4-year Bachelor's degree afterwards. Say if I complete a certificate of achievement at the CC at the end of the Spring 2024 semester, will I be eligible for OPT for Summer of 2024? One factor that's complicating things a little is that I'm also doing CPT this summer based on my Bachelor's degree. I believe there is a rule against using OPT at a lower degree after having used it at a higher degree level, but I can't find any information about using CPT at a higher level, and the OPT at a lower level. Any advice would be much appreciated! Thanks!

Hi VJ members,

In a few months, I'll be eligible for applying under the 3-year rule. I have a question as I started to do my research.

After I became LPR, I worked remotely under a contract with a company in Hong Kong for a few months. When I filed taxes here (MFJ), the income was treated as self-employment income. So when I list my employment history, should I just put those few months as self-employment and not putting the name of that Hong Kong company?