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Everything posted by Mike E
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Travelling with I-551 Stamp in Passport
Mike E replied to HopefulAus's topic in Working & Traveling During US Immigration
For reasons that have nothing to do with this thread, a couple days ago, I looked at the I-551 stamp I got from INS years ago, and for the first time ever noticed that the ISO wrote the wrong year of expiration on the stamp. She stamped me in July and meant to give me a 6 month stamp expiring in January. Instead the expiration said January, but same year. So the stamp was already expired when she stamped me. And yet I traveled with that stamp just fine. -
Do I have to close my political asylum case?
Mike E replied to Ira19's topic in General Immigration-Related Discussion
I hope each lawyer is aware of the other case. What do your lawyers say? -
Thai fiance living in Europe (non EU)
Mike E replied to Frediom's topic in What Visa Do I Need - Family Based Immigration
I agree. The (small) risk of an expedited removal relative to the large magnitude of punishment versus the small benefit makes my suggestion a no brainer. Which is: do not attempt this. -
Which forum do i file for stimulus money
Mike E replied to mgul's topic in Tax & Finances During US Immigration
I come from a parallel universe where the federal government paid out stimulus money to most tax filers during the pandemic. I imagined OP did too. -
It’s going to complicate the process but what you are trying to do is legally possible and I believe some embassies for some cases have allowed. However some quick sleuthing didn’t find a specific example. Why this is complex: * Use your beneficiary as your co-sponsor. Note that I didn’t write “joint sponsor”. Too many times people confuse the two. To add to the confusion a joint sponsor is also allowed (and sometimes required) to have a co-sponsor. Your co-sponsor (your spouse) would file I-864a. * your co-sponsor’s income will continue after moving to the U.S. So for example is the employer going to pay in Euros or USD? If Euros you have to get past any problems with NVC or the embassy complaint that it needs a stable foreign exchange number to verify the income exceeds the poverty level. Do you have assets? @ROK2USA successfully immigrated in 2022 based on assets. I recommend that if you have assets.
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Did it really ask if your were an LPR? What was the specific term it used? I filed joint taxes for tax year 2019, and don’t recall TurboTax.com asking me if my wife was an LPR. Perhaps you were asked if you were a “resident alien”. That’s now a different thing from an LPR. To the IRS and USCIS “resident alien” mean different things.
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Which forum do i file for stimulus money
Mike E replied to mgul's topic in Tax & Finances During US Immigration
You do file 1040 to claim stimulus money. You tax software or tax website will walk you through it. -
Valid Reasons to Expedite? (merged)
Mike E replied to arowana's topic in K-1 Fiance(e) Visa Process & Procedures
Indeed. As the child is out wedlock, if the child was born a U.S. citizen, being born out of wedlock makes the path to claiming U.S. citizenship more difficult. -
I-864 joint sponsor
Mike E replied to UnusualHoney's topic in K-1 Fiance(e) Visa Process & Procedures
The joint sponsor is required to provide financial support until: * the beneficiary can be credited with 40 social security credits. Normally this requires working 10 years, each year paying social security or SE tax on 4 * 1640 = $6560 of annual earnings. Each $1640 that is taxed earns a social security credit, up to 4 per year. There are other ways to satisfy “can be credited with”, if the beneficiary is married, - during marriage the couple earns a combined 40 credits. Hence the this could happen as soon as 5 years - the couple is married 10 years and the other spouse has at least 40 lifetime credits. I believe these credits can be earned before, during, and after the marriage. * the joint sponsor passes away * the beneficiary becomes a U.S. citizen * the beneficiary’s LPR status is terminated * the beneficiary passes away Note that the level of support is the for poverty level for a one person, which is about $1500 a month. If the beneficiary has other income such as from a job, alimony, pension benefit, or another sponsor such as the primary sponsor, the joint sponsor is in the hook to make up the remainder of the roughly $1500. If this other confine meets or exceeds the roughly $1500, the joint sponsor is off the hook for that month. https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines 2023 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA Persons in family/household Poverty guideline 1 $14,580 14,580 * 1.25 / 12 = $1,518.75 per month aka roughly $1500’/ month If the beneficiary seeks government public charge benefits, the government is free to go after the joint sponsor for reimbursement. I don’t know of this happening. If the beneficiary doesn’t seek public charge, the beneficiary can sue the joint sponsor. See my link below for how absurd this can get. There are lawyers who specialize in I-864 enforcement cases and one posted on Reddit about it several times last year. Note that a criminal conviction on the beneficiary does not end the obligation. Literally the beneficiary can rape a child and the obligation won’t end. This actually happened. https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf and while the court apologized to the joint sponsors the court ordered the joint sponsors to pay the rapists (instead of, and I know I am spitballing here, deporting the rapist). Note that when the primary sponsor is a spouse, the federal government has ruled that state ordered divorce settlement orders take primacy so the primary sponsor can be let off the hook (https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf Do NOT read this and say “but that is just Ohio”. Read it more closely to see the reference to a federal ruling). I don’t believe this lets the joint sponsor off the hook. -
Do I have to close my political asylum case?
Mike E replied to Ira19's topic in General Immigration-Related Discussion
Did you use a lawyer to file for naturalization? Did you use that same lawyer to file to adjust status? -
Because the people who say you don’t filed naturalize before the policy was changed. But the policy was changed. https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants “USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.” and ”The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension” I don’t know why people are saying this isn’t policy. OP will get an extension. If N-400 is filed, then because OP has a pending I-751 this extension is useless.
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Only Nixon could go to China; The Biden administration on Tuesday unveiled a policy to limit asylum claims at the southern border -- a policy already receiving fierce pushback from Democrats and immigration activists -- as it prepares to allow Title 42 expulsions to expire in a few months. The Department of Homeland Security and Department of Justice announced the new proposed rule which makes migrants automatically presumed to be ineligible for asylum if they have crossed into the U.S. illegally and have failed to claim asylum in a country through which they have already traveled … https://news.yahoo.com/biden-admin-announces-policy-limit-213547929.html
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Valid Reasons to Expedite? (merged)
Mike E replied to arowana's topic in K-1 Fiance(e) Visa Process & Procedures
No I don’t see it. -
K1 visa at Honduras US consulate
Mike E replied to williammearle's topic in US Embassy and Consulate Discussion
https://www.visajourney.com/timeline/stats.php?history=90 200 days. -
He will. It will extend his gc 24 months from the date of expiration of the gc. He is owed his 48 month extension letter and I cannot, for the life of me, understand why people are not more aggressive in forcing USCIS to produce it. If my wife’s extension letter expired without a 10 year gc in hand, I’d be lighting up the phone and chat every day.
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Sounds like you did file jointly.
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When I can apply for citizenship
Mike E replied to drchirag's topic in US Citizenship General Discussion
1. When did you become an LPR? 2. Are you married to a U.S. citizen? -
No effect.