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Everything posted by Mike E
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Love some feedback
Mike E replied to Biscuit2020's topic in Bringing Family Members of US Citizens to America
Who filed the child’s I-130? The U.S. citizen step parent, or the LPR biological father? -
Meeting requirements I-129 Nigeria
Mike E replied to Victoria O's topic in K-1 Fiance(e) Visa Process & Procedures
good enough for I-129F Dunno if one more meeting will be enough for the K-1 visa. With high fraud countries, we often higher rates of K-1 denial and the couple ends up marrying and going the CR-1 route. -
https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization; The child is under 18 years of age; The child is a lawful permanent resident (LPR); and The child is residing in the United States in the legal and physical custody of the U.S. citizen parent. For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens.
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Given you entered on a K-1, a visa that is dual intent, I estimate less than 1 in 1000 odds that USCIS contacts your previous spouse. fwiw, my ex was not contacted when I naturalized nor when my second wife naturalized. Even if was probable USCIS contacted your ex, that should not dissuade you from naturalizing.
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Taxes During K-1 AOS - MFJ when USC is Student?
Mike E replied to slavaskii's topic in Tax & Finances During US Immigration
I’ve been a turbotax man since 1996 and I will die a turbotax man. All I can say is that tax preparers who operate out of grocery stores, strip malls, etc. are notorious for cajoling tax filers who need to file MFS into filing as single. I have heard good things about freetaxusa as well. -
Taxes During K-1 AOS - MFJ when USC is Student?
Mike E replied to slavaskii's topic in Tax & Finances During US Immigration
yes just like any other K-1 couple. Including my wife and me. yes. There is no financial benefit to claiming dual status. And even if there was, I would advise against it. Implicates you how? Yes it would. I went down this rabbit hole already in Pls read through that thread since you are not convinced. -
no effect, because: 27 days < 181 days 27 days < (2 * 366 + 3 * 365) / 2, and 2019 is more than 3 months before April 1. 2023. Yes.
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Taxes During K-1 AOS - MFJ when USC is Student?
Mike E replied to slavaskii's topic in Tax & Finances During US Immigration
Keep it simple. Treat her as a resident alien for all of tax year 2022. This is a simple tax return. -
Taxes During K-1 AOS - MFJ when USC is Student?
Mike E replied to slavaskii's topic in Tax & Finances During US Immigration
1. Did she have income outside the U.S. in 2022? 2. Did it exceed $25,900? 3. Did she pay foreign income taxes on it in 2022? -
CRBA - evidence of biological relationship?
Mike E replied to Ronald P's topic in Consular Reports of Birth Abroad (CRBA)
Clearly, since it says: I am the child's biological father through whom he/she is claiming U.S. citizenship, and was not married to the child's biological mother at the time of birth. I agree to provide financial support for this child until he/she reaches the age of eighteen. Assuming the child is born, and you cannot get in front of a CO tomorrow, if you are in the U.S., draft a statement of the above today, and get it notarized today. Otherwise if a bus takes you out before you file for the CRBA, your fiancee or child will be posting here years from now how to get a CRBA or US passport, and the answer will be: “sorry”. Marrying would have been easier. -
This is key. As soon as (same business day) divorce is filed, send a letter to USCIS with a notice that you wish to amend your petition to a divorce waiver. Send this first class mail, certified, return receipt requested. Priority mail is too fast because you get 87 days to respond to the RFE for the divorce decree, whereas your decree takes 3 months. Denial inevitably leads to deportation, but depending on the reason for denial, you can refile. Do not focus improbabilities.
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This is unusual and normally I would have expected USCIS to have rejected the case and returned the money. I concur with both statements. Moreover, that it was not rejected, and instead was RFE’d tells me that USCIS is all but admitting it made the error. So, now that I am up to speed, I change my answer to: and suggest you ignore: No change to that answer needed. The answer stays as no. This way there is no issue getting Global Entry and NEXUS down the road.
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Lost my greencard while abroad.
Mike E replied to mocha0221's topic in General Immigration-Related Discussion
Why did you ask for an appointment? From the link I provided “When lawful permanent residents call the USCIS Contact Center to request temporary evidence of status, an immigration services officer will verify their identity, their physical mailing address, and whether that address can receive UPS or FedEx express mail. They will then either schedule an in-person appointment for the lawful permanent resident, if needed, or submit a request to the USCIS field office to issue the ADIT stamp. If an in-person appointment is not needed, the USCIS field office will review the request for temporary evidence and mail the applicant a Form I-94 with ADIT stamp, DHS seal, and a printed photo of the lawful permanent resident obtained from USCIS systems.” -
CRBA - evidence of biological relationship?
Mike E replied to Ronald P's topic in Consular Reports of Birth Abroad (CRBA)
Generally a child, born out of wedlock outside the USA to a father who is a U.S. citizen, becomes legitimized when two things happen before the child reaches age 18: 1. The father, in writing, acknowledges the child as his own. 2. The father, * in writing, agrees to provide financial support, OR * dies