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NorthByNorthwest

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Everything posted by NorthByNorthwest

  1. NorthByNorthwest
    If you fail the English part or the Civics part you will be retested on the part you failed. Not quite sure what you mean by failing the N-400 form part - if you provide answers to questions about your application that are inconsistent with what you provided on the N-400 form you may run into issues. You should be intimately familiar with all information on that form, and if your English is not good enough to answer questions about it you may need to study a bit more.
  2. NorthByNorthwest
    You can point your wife to these information pages for more details: https://skatteverket.se/privat/folkbokforing/flyttafransverige.4.18e1b10334ebe8bc80001591.html https://skatteverket.se/privat/folkbokforing/attvarafolkbokford.4.3810a01c150939e893ffc27.html https://www.1177.se/sa-fungerar-varden/vard-om-du-kommer-fran-ett-annat-land/vard-i-sverige-om-du-ar-utlandssvensk/
  3. NorthByNorthwest
    She will not be able to keep Swedish benefits for treatment of existing conditions (=planned healthcare). Swedish citizens living outside the EU have access to free healthcare in Sweden for emergencies only. It is a crime to claim that you live in Sweden if you don't (brott mot folkbokföringslagen), especially if the incorrect information is used to obtain benefits you're not entitled to. Since she's been away less than a year she can probably obtain care without raising red flags, but she needs to sort her status out properly since this will have tax implications as well.
  4. NorthByNorthwest
    Yes, anyone can pay. If the payment doesn't clear they know where to find you or which application to deny. I'd suggest putting the A-number of the applicant + the name of the form it applies to in the memo field if the check were to get separated from the application for whatever reason.
  5. NorthByNorthwest
    It is worth noting that processing time for I-131 (for re-entry permit) is well over a year, but as long as it is filed and applicant attends biometrics while still in the US it is fine to travel while the application is pending.
  6. NorthByNorthwest
    Here's a bit of initial reading material: https://www.dol.gov/general/topic/hiring/foreign https://www.uscis.gov/sites/default/files/document/forms/i-129instr.pdf https://www.uscis.gov/sites/default/files/document/forms/i-140instr.pdf
  7. NorthByNorthwest
    NVC inquiry page is here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html?wcmmode=disabled
  8. NorthByNorthwest
    Just to clarify, are you saying that the I-130 petition has been approved but you're stuck at the NVC stage? Did you or the beneficiary get any communications from NVC?
  9. NorthByNorthwest
    No, refiling I-485 requires filing for EAD again as well as the original EAD is tied to the denied AOS application.
  10. NorthByNorthwest
    Courthouse wedding with superior court commissioner officiating and two clerks as witnesses. The court staff was only too happy to accommodate since they typically didn't see many nice outcomes in that room.
  11. NorthByNorthwest
    As long as you have a receipt notice for I-485, what will happen is that the day your I-94 expires your status changes from lawfully present to authorized stay, which is not the same thing. In many states you will for example not be able to get a driver’s license while in authorized stay status. Make sure you always carry both passport and receipt notice until your AOS is approved.
  12. NorthByNorthwest
    Exactly the same process, you use form I-130. Length of marriage when visa is issued (or at POE depending on who you ask) determines if you get a conditional GC or not. Just to reinforce earlier comments, given your marriage and demonstrated immigration intent your chances of reentering the US on either ESTA or a visitor visa are pretty much zero, you'll be meeting somewhere else until you have IR1/CR1 in hand.
  13. NorthByNorthwest
    The way I read the regulations there has been no unlawful presence this case. Even if OP's AOS had been denied she would typically have 30 days to depart before any unlawful presence accrues, and I can't imagine abandonment of a bona-fide AOS application would be treated worse than an outright denial. I would think you'll face a LOT of scrutiny traveling on ESTA in your current situation.
  14. NorthByNorthwest
    True, but abandoned at the same time as leaving the country, is there a regulation somewhere noting that unlawful presence can accrue retroactively in this case? Looking around a bit I see some folks thinking that may be the case, but I'm not finding any real reference?
  15. NorthByNorthwest
    Is this really the case? I was always under the impression that as long as AOS is filed while the K-1 I-94 is active the beneficiary transitions to authorized stay where unlawful presence does _not_ accrue for as long as the application is active?
  16. NorthByNorthwest
    Like the others said, should be no issue, just be aware that you will very likely end up in secondary inspection at the land border + having to pay $6 or so for the I-94, but that's pretty standard when entering by land without an active I-94.
  17. NorthByNorthwest
    Some info is missing and your timeline is not complete. Did you marry within 90 days of entering on K-1? 8 CFR sections 103.2(b)(11) and (12) deal specifically with responding to RFE or NOID, so you must have received at least an RFE for this?
  18. NorthByNorthwest
    Tell the truth. Chances are they already have all the information in front of them, USCIS frequently works with data providers like LexisNexis so if a certain address appears on your regular credit reports it is safe to assume USCIS has it too.
  19. NorthByNorthwest
    Driver's license requirements are highly state-specific, chances are he will not be able to get a driver's license until he at least has EAD approved. Irrespective of driver's license he should carry passport and I-485 receipt note at all times, especially once his I-94 has expired.
  20. NorthByNorthwest
    At the most basic, filing jointly is very advantageous if one person has no or little income. There are also child tax credits that are only available if filing jointly. There are corner cases where filing jointly pushes you into a higher tax bracket but in almost all common scenarios filing jointly is better.
  21. NorthByNorthwest
    Assuming you file online the system will tell you exactly what to include. This section only applies if you have taken trips outside the US longer than 6 months, otherwise ignore: Continuous Residence and physical presence documentation for the last 3 years if you have taken any trips outside the United States during the last 3 years that lasted more than 6 months but less than 1 year.
  22. NorthByNorthwest
    Are you saying she has to relinquish her existing passport while the new one is being processed? Either way just a valid green card is sufficient for entering the US by land, I did that well over 100 times while LPR and was never once asked for a passport.
  23. NorthByNorthwest
    Assuming she arrived on a B-2 visa? How many days total did she spend in the US in the last 12 months? It is always a good rule of thumb to stay out of the US at least twice as long as recent stays, but admission is still at the officer's discretion. Nothing in all of this poses any issues for I-129F approval, but there's certainly a chance of her not being able to visit the US during the wait time if her visa were to be canceled/not renewed for whatever reason. There are no firm rules to go by, I'd just make sure she keeps her visits short from now on, certainly no longer than 3 weeks.
  24. NorthByNorthwest
    Look as far out as you can and keep at it, the last update from the State Department shows 327 days wait time for B1/B2 visa appointments in Karachi: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html However note that UStraveldocs is implementing a new system - once the new system goes live on Feb 8 the scheduling process might be smoother. Just don't expect that your parents will be able to travel in the next few months if you were hoping for that.
  25. NorthByNorthwest
    I included 2-3 pictures for AOS, zero for the rest of the process with no issues. I was even joking around with the interviewing officer about it saying "I'm not part of the selfie generation - if I end up in any of the pictures I take I'm doing something wrong". The officer agreed completely.
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