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NorthByNorthwest

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Everything posted by NorthByNorthwest

  1. Also - to be clear - when you are applying under the 5-year rule you ignore paragraphs like this even if you became an LPR through marriage to a US citizen, it's not the most clear phrasing: If you are applying for naturalization on the basis of marriage to a U.S. citizen...
  2. Yep, the online system never asked for it. As far as I know it's not typically required for 5-year applications, in the document checklist for N-400 they only suggest including that if you've had trips longer than 6 months since that could otherwise be considered as breaking continuous residence: https://www.uscis.gov/sites/default/files/document/guides/M-477.pdf If you have taken any trip outside the United States that lasted 6 months or more since becoming a Lawful Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as: An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if you are applying on the basis of marriage to a U.S. citizen).
  3. Then definitely apply under the 5-year rule, less documents required. The online system will tell you exactly which documents to include and at least for me tax documents were not among them. I included scans of front and back of 10-year green card and marriage certificate, that was all they asked for and I did not include anything else.
  4. Same experience as the others, I returned my 10-year card, didn't bother to bring the old expired conditional card or EAD and they never even asked for those.
  5. The visa extension is more or less moot with a pending I-485, other than being a fallback if the I-485 should get rejected for whatever reason. It is also easier to travel while the L1 is still valid vs. traveling on AP which will frequently land you in secondary inspection when you enter the country. As mentioned in my earlier comment it may also affect your driver's license depending on state. The visa expiring will not affect your I-485 as long as it was valid when you applied.
  6. Is the USCIS account under his name? If not try making a new account for him from scratch.
  7. Your visa expiration is of no concern, your I-94 expiration determines your status. While you have an AOS application in progress, after your I-94 expires your status changes from lawful status to being in period of authorized stay, and your I-797 for the I-485 is your proof of this. As long as you have a valid EAD you can continue working, but you will require Advance Parole to be able to leave the country and reenter. Depending on your state of residence you may have issues with getting/renewing your driver's license during this time.
  8. I entered the US (for work) on ESTA the week before my K1 interview without issues. You may well face extra scrutiny for the 88 day stay, that's cutting it pretty close. You're pretty much one bad-weather-mass-flight-cancellation mess away from overstaying, which could cause you problems in other countries in the future (Think "Have you ever overstayed a visa in any country?" questions on landing cards... ) even if it doesn't necessarily mean an issue for your K1 application. Personally I would give myself more margin than two days, but I like to play it safe, there are other countries that will put you in detention for a one day overstay. Preclearance is no different than a regular CBP check really. As others have mentioned you need at a minimum an eTA for Canada, or actual visa, depending on your nationality.
  9. I can't see that would be a problem. In the off chance that your shipment actually gets inspected they might frown upon things if those shoes look unused or come in original boxes which might suggest that you plan to sell them. Other than that you should be fine, bringing clothes and shoes when you relocate is a pretty basic necessity.
  10. To add to this, even for online cases the documents will only be visible if you have confirmed your identity in the myUSCIS system and the account belongs to the petitioner.
  11. Then you have no issues, I misunderstood your question. You don't need to provide any documentation for your travel, for the application all you need to provide are the dates you left and came back and countries visited. No evidence is needed, FOIA is only useful if you don't know/remember when you travelled.
  12. Appeals will typically not consider documents submitted after the denial decision was made so it is essentially useless to appeal a denial due to failure to respond to RFE. As the others have said, your fastest option is for your sister to submit a new petition while discussing between the two of you why you missed the RFE. For example, did she move and failed to notify USCIS? You lost a few years in the queue, but since the total wait is likely to be 20+ years it will not have that big of an impact in the end.
  13. How many trips are we talking about? Keep in mind you only need to list trips taken in the past 5 (or 3) years which for most people applying now includes a sizable gap of no travel during the pandemic. I had close to 100 land border crossings to Canada with very spotty records, I did both a FOIA request on the US side and an ATIP request in Canada for entry/exit records - for land travel to Canada I found the Canadian records to be of better quality. Chances are that at your naturalization interview the officer will have the same info that's in your FOIA request so you don't want to be too far off, definitely don't leave it blank. At the end of the day, the main purpose of these records is to show that you meet the residency requirements, as long as you don't have long absences or come close to the limits the records won't be scrutinized that closely.
  14. Either someone is scamming your fiancé or he's not telling you the truth. Like the others have said there is zero chance he'd get an H1B visa without an existing job offer. If he applied for a visa through some sort of agency or other middleman chances are high they're simply scamming him with promises of a visa if he just pays "one more urgent handling fee" or something along those lines.
  15. The paragraph quoted by @JeanneAdil is for standard visitors and does not apply to people relocating to the US, that's covered under CBP form 3299: https://www.cbp.gov/sites/default/files/2024-05/cbp_form_3299_0.pdf. I had half a container of stuff including a 70" TV and some very expensive bikes - no issues, didn't pay a cent, but my mover handled all the paperwork. All descriptions were on a per-box basis, not per-item, for example "Clothes", "Shoes", "PC items", "Toys", "Kitchen Machines". They did caution me to not include alcohol since that could delay clearance, so my coworkers got 25 bottles of very nice Scotch, not worth the potential hassle though they were worth a few thousand dollars.
  16. This seems mainly like an issue with your agent rather than anything else. There is no 850 GBP limitation for used household goods that you are bringing with you - technically you could be required to prove that you have owned the items at least a year, but that's pretty much it. Is your agent treating this like a general shipment of goods rather than household goods for a relocation? They are supposed to know how to handle the paperwork but it sounds like their online system is limited. I wouldn't worry about not finding exact matches to all your stuff, just go with the closest match.
  17. Not sure where you saw numbers starting with IOE09 - my case from over a year ago started with IOE922 so yours seem to fit the pattern just fine.
  18. I'm not sure what your "engagement party online" looked like, but if you end up applying for K-1 do avoid including any mention or pictures of that party since USCIS may well consider you too married for K-1 and deny the application if the party had even a remote resemblance to a wedding ceremony.
  19. Never rely on ChatGPT for providing factually correct answers, that's not what it's for. Like you already discovered, Israel and Portugal are from different regions and unfortunately your entry will most likely be disqualified: 9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability (CT:VISA-1478; 08-26-2010) If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application. You can certainly try to continue the process while clearly stating your mistake, but you will probably be wasting your time.
  20. Last I read about it Spain does not permit dual citizenship in general, but if you are born in Spain you can keep your Spanish citizenship after acquiring US citizenship _if_ you declare your intent to do so within three years of acquiring it.
  21. Zero need to show that you're talking to each other on the phone a lot, after all you're supposed to be living together. One page to show that you have the same billing address is the only relevant bit.
  22. I see, unfortunately neither me nor the lawyer missus has any experience with military law enforcement so I'll have to pass on this. Hopefully someone else can give better insights, good luck!
  23. What did the petitioner state in the I-129F? For Part 3 section 2 only arrests or convictions are covered, so I assume he answered No there? Even item 4.a states "arrested, cited, charged, indicted, convicted, fined or imprisoned". It is unclear what you mean by "falsely accused". If there was a formal charge I believe a prosecutor would have filed those charges and there would be a record. If it was just a matter of someone stating to police that "Person X did Y" and there was no charge filed I don't believe you have to answer yes to that question.
  24. Were you born in the UK? For US immigration purposes your citizenship at birth is what decides the timeline, but as long as you were not born in India or China your PD should be current.
  25. I would not reschedule anything given how unpredictable USCIS can be. Your nearest passport agency is Seattle - with proof of travel within 14 days you can get a passport there in 0-2 days, so if you have the time/ability to do 1-2 trips to Seattle that's the best way by far.
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