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Mike E

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Everything posted by Mike E

  1. The good news is that it is probable OP will get to keep the erroneous 10 year GC until I-751 and/or N-400 are adjudicated. Buckle up for the ride … if I-90 is filed now; the probability of USCIS * sending an RFE for the 10 year GC before I-751 is filed, or * sending an RFE for the 10 year GC with a deadline before I-751 is filed are, IMO, below 5 percent. Regardless, every LPR is entitled to proof of status at all times, and I would refuse to comply with an RFE for the 10 year GC until USCIS granted my request for an ADIT. And IMO the odds of USCIS delivering an ADIT between now and the 2 year anniversary of OP’s GC are under 1 percent: Sure USCIS talks a good game with its mail in ADIT process, but in fact USCIS is back to its dirty tricks denying LPRs their I-551s. Making it all but possible to get USCIS to answer the phone makes the mail in ADIT process a nothing burger. And once I-751 is filed, * IMO pending I-90s are canceled, with prejudice * USCIS says I-90 cannot be filed. By all means, play the I-90 game. But OP will win the game because USCIS won’t even show up to play. The wild card here is if OP travels internationally after I-751 is filed, and presents the extension letter with GC (as OP should, to avoid an I-193 fee) CBP might take the 10 year GC and replace it with an ADIT. This is a good outcome.
  2. Freetaxusa.com If you claim the foreign income exclusion in 2018, you might run afoul of the continuous residence requirement: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 Other examples that may raise a rebuttable presumption that an applicant has abandoned his or her LPR status include cases where there is evidence that the applicant voluntarily claimed "nonresident alien" status to qualify for special exemptions from income tax liability or fails to file either federal or state income tax returns because he or she considers himself or herself to be a "nonresident alien So instead of filing N-400 90 days before 2023-12-18, I would file 90 days before 2024-01-01. Or better yet, not file until you filed your 2023 taxes. That way only your 2019, 2020, 2021, 2022, 2023 tax returns need to be submitted as evidence.
  3. Not helpful. So I cannot help you. I’ve contributed all I can, and I don’t wish to argue or bicker, so I won’t post more in this thread.
  4. It has always been an article of faith for me that it is 100 percent of what I-864p lists. And yet, I cannot find a source within .gov that says that. Yes. It has to be what your income will be in the next 365-366 days.
  5. Isn’t the Thai Elite visa 600k THB (about $17K) all in? It is hard to believe any expedited solutions for the U.S. are going to be cheaper. She could park in Thailand long enough to wait out her IR-1 visa interview.
  6. That’s a first one for me. I do not have an answer. waste of time. You need to file I-751 90 days before June 28, 2024.
  7. We know that is not true. New ISOs start off on N-400s. At some field offices, N-400s with pending I-751s can only be handled by select ISOs. It is at these such field offices that filing N-400 while I-751 is pending slows down both cases. This is true even if every ISO is trained on both I-751 and N-400; the FO director has dictated the division of labor.
  8. Since you withdrew from the family based visa process versus being denied, it should not have an impact unless USCIS has been trying to get your records of that from DoS, and DoS has not delivered.
  9. Generally police do not force a man out of his home just because his spouse demands it. It would perhaps pad his vawa case if she attempted this. As an LPR who divorced his U.S. citizen wife, I was amused when she demanded I leave the house. That wasn’t going to happen and it did not happen until the divorce was final.
  10. Based on the topic history, I am not surprised. What happened with your step father’s petition of you? Seems you ultimately immigrated on an EB-3 from L-1B.
  11. Have you looked into countries that sell residency permits or even citizenships? For example the 5 year Thai Elite residency permit.
  12. Legally impossible. It seems like I have to repeat this in every one of these threads. Sigh. I’ve contributed all I can, and I don’t wish to argue or bicker, so I won’t post more in this thread.
  13. Your proposal is to not file for U.S. citizenship and instead make babies. If you are not a U.S. citizen before they are born, they will not be born U.S. citizens. If you are not a U.S. citizen when they enter the U.S. on their immigration visas, they will not automatically become U.S. citizens.
  14. Is the alien fiance(e) living in the U.S.? DS-160 needs to have correct information.
  15. Seems like you are wasting precious days by not filing I-130.
  16. She does not need I-130 to be approved to file I-485. Therefore, the “something unplanned” rationalization for why this is not fraud does not apply. Ask yourself this question: if at the port of entry, when asked how long she plans to stay, she says “forever if I-130 is approved”, what do you expect will happen?
  17. I have know of no success stories for IAD. Nor failures. Whereas there is plenty of data for JFK and SFO.
  18. Entering the U.S. with pre-conceived conditional intent to adjust status is still intent to adjust status. So this is fraud
  19. And bring the paper marriage certificate with you to Dubai: 1. in case their are issues with checking in to a hotel with your spouse 2. to take a with a selfie of the two of you.
  20. If the record is expunged, mere mortals like OP will not be able to obtain the record. USCIS, being an agency of DHS, of course has access to the real records. For reasons that defy all logic, USCIS feigns that it cannot see the records.
  21. 1. What is a provisional waiver? 2. Are talking about you or your friend? 3. is subject we are discussing married, or not married?
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