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Mike E

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Everything posted by Mike E

  1. You are arguing with yourself. I know of N-400 cases that got derailed because the applicants said they failed to file tax returns.
  2. This is a logic problem. Paying your taxes is required to show good moral character. Lack of good moral character is a barrier to naturalization.
  3. Congrats and I hope these trends continue. It wouldn’t be the worst thing if K-1 became viable. I do think spouse based AOS from single intent non immigrant status should be lower priority than from dual intent status like K-1.
  4. If you have achieved DQ I see only down side to your proposal. Bring the additional evidence to the interview
  5. Several will tell you it is not acceptable. imho it is acceptable * she didn’t ask for 10 year gc * the benefit she is seeking applies whether she has a 10 year card, 2 year card, or no card: she is an LPR * USCIS refuses to schedule appointments for I-551 stamps I think she should get full use from that card, whether using it showing evidence of authorized presence to attend school, in state tuition, get an unrestricted SS card, a job, a mortgage, REAL ID, travel, visa waiver to Canada, Mexico, DR, etc. I would not use the card to get global entry. I would use the card at a normal kiosk a US port of entry (and some kiosks just use facial recognition). What she should not do is pretend to be anything else than what she is: a conditional LPR. And so 90 days before the 2 year anniversary of her “resident since” date she should file I-751 to begin her Kafka-esque nightmare. So she should enjoy these 2 years of bliss while she can. My prediction is that I-90 will never be adjudicated. Hopefully because if they start off by forcing her to send in her 10 year green card, the nightmare begins.
  6. Legally yes. I don’t recommend absences that sum to more than 120 days in any rolling 365 days window because of this:
  7. The LPRs have been LPRs for more than 5 years so the 90 days early filing rile is not applicable. They can file when they have 5 years of continuous residency.
  8. I would report all of it to the irs and take the irs foreign tax credit. You likely won’t pay any tax to irs on it because in general irs taxes are lower than cra taxes.
  9. That is surprising. The passport agency in Gatineau that Canadians residing in the U.S. must use (via courier) is quite strict IME and I still have emotional scars. The regional passport offices in NS must be slack. As a Canadian residing in the U.S. she might find that future passport renewals will be difficult unless she corrects this.
  10. When she got her first passport, did she use a short form credit card sized BC and does it say Jennifer or Jenifer? For half her life, my mum (born in SK) spelled her first name differently from her BC name and didn’t even realize it until her late 30s when I pointed it out to her from her short form BC. Not sure about her first Canadian passport but her last passport used her BC name.
  11. Since it wasn’t an expedited removal you are fine if you don’t attempt to visit again. Wait for your K-1 visa. Marry within two weeks of POE. File I-485 before day 30.
  12. If you have a criminal record in the U.S., you might be asked to get records from the relevant police jurisdictions. Afaik you cannot get ahead of this issue until the consulate issues the RFE. If your case is complicated because of criminal history then lower your expectations.
  13. You likely won’t don’t need a police certificate for Illinois. The FBI will investigate you and provide the consulate a report.
  14. USCIS announced that they would extend green cards of I-751 cases to 4 years. If you don’t get your 4 year extension letter by June, I would visit https://egov.uscis.gov/e-request/Intro.do Click “did not receive notice by mail” and request your missing 4 year letter. If you file N-400 today, you will probably be a citizen in 5 months or less.
  15. Some countries are slower that the rest of the world. See the visa bulletin. When the case moves to NVC you will file I-864.
  16. call USCIS, say “info pass”, and request a tier 2 officer call you referring your case.
  17. 1. They require a federal judge to administer the oath. As there just 870 of these people (per a Google search), judicial oath ceremonies are rare and so the process will take longer. 2. You require a lawful change of name document. Whether it is USCIS or the court system, these documents are sometimes not provided at oath. Without this document you are U.S. citizen and and a non person.
  18. Consider the implications of following that instruction to the letter. I think that instruction was written assuming: * DoS and/or USCIS would not issue an immigration visa or green card with a name that did not match both her birth certificate (or marriage certificate) and foreign passport. * names in green cards are sometimes truncated or abbreviated due to lack of space. If she enters her birth name, then when she attends her interview and oath: * how will she prove she is the person listed on her birth certificate? * if she manages to get a naturalization certificate in her birth name, what legal change of name document will she present to SSA, DMV, and the passport agency? Clearly State and/or USCIS dropped the ball here, and that’s putting it mildly. Two choices: clean it up or accept that her green card name is her legal name.
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