Mike E

Has an investigator from U.S. DoJ contacted you?

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Is there a single documented case of this? I started a thread and takers.

If you send I-751 on February 10 or February 11, AR-11 not needed. Given USCIS messes up address changes, I would not send AR-11 this situation.

I am sorry this is happening. However she doesn’t need your permission * If you filed on the 5 year rule, no effect. * If you filed on the 3 year rule and if she files divorce before oath, attend oath and inform USCIS before surrendering your gc. Bring a copy of the divorce filing. Do not change your residence before oath. Indeed, N-400 or not, you should never move out of your home until the divorce is final

Your other thread says to remarried your first wife after a divorce. It’s surprising that you forgot the year you married the first time. It’s suspicious but maybe explained by you having 1990 in your mind as the year you met and created a false memory of that being the year you married. I’m not seeing a material misrepresentation.

The data says otherwise.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Philippines.html See the section on birth certificates. If it gets recorded as a late registration of birth, “affidavits from two disinterested persons who have personal knowledge of the birth” might be required.

What’s the point of this thread? I am out.

Correct the birth certificate.

Canada is tougher on domicile than Mexico. Your plan won’t work.

This is futile. If there was an immigration visa, submit a copy of the immigration with N-400. If there was an I-485 approval, submit a copy of the I-485 approval with N-400. In either case, also include a copy of the I-90 receipt. I am out.

What will your wife say when the CO asks her what do you do for income?

Yes we did. I suggest a Hail Mary to try to save your application. Today, without fail, you and your fiancé do the following: * each of you edit (or hand write out) https://www.visajourney.com/examples/Fiance_Letter_of_Intent.doc and print (or hand write out). Then sign and date. * the alien sends an electronic copy of the letter of intent to the citizen. * the citizen prints the electronic copy * the citizen goes to usps.com and prints a 2 day priority mail flat rate envelope label addressed to USCIS at the address listed in the I-129F receipt. * the citizen writes, prints, signs, dates a cover letter, citing the case number and stating that the package includes as unsolicited evidence, letters of intent from the alien and citizen. * include a copy of the I-129F receipt. * make a complete copy for your records of everything that goes into the flat rate envelope: cover letter, letters of intent, copy of I-129F. * send it. Today. Without fail. Most post offices will have flat rate envelopes in the unlocked lobby. If I-129F is denied/rejected turn lemons into lemonade. Get married online this week, meet up and file I-130,

Nolo, which is generally good with immigration stuff, doesn’t mention any of that: https://www.nolo.com/legal-encyclopedia/filing-form-i-751-as-conditional-resident-child-of-divorcing-parents.html

Good lord. An alien parent with derivatives should think twice about conditional permanent residence and then just say no.

At the removal trial the judge should rip USCIS’s lawyer a new orifice. The appeal should not have been denied. Check your new case’s status daily. Download an app like lawfully to ease this.

You should consider the possibility that most removal hearings are for people who have committed crimes, entered illegally, or over stayed their visa (though that was in the past - this is no longer Biden policy) Removing LPR status of people who were denied I-751 isn’t even a rounding error. If I knew or believed I-751 based removal cases usually end in deportation I would have told you. But understand this: the USA doesn’t have infinite patience. You need to attend to this problem. It was denied because you didn’t show up for an interview. Most likely because you moved because your step father blew up his marriage and he tossed the notices in the trash. Your lawyer didn’t get notices and there is a 10 percent or higher chance it was because G-28 was not submitted or if it was not filled out correctly. We’ve seen G-28 botches by lawyers before. The fact your lawyer didn’t inform you that your I-751 wasn’t filed because the legal fees weren’t paid is evidence your lawyer is not competent. So I am upgrading my 10 percent estimate to 50 percent. Or your lawyer is lying. Or isn’t actually a lawyer. While your previous case was in progress how often did you check your case status?

Did I say otherwise in this thread? Suffice to say I am not happy with your insinuations. I pay foreign income taxes every year. I take foreign income tax credits every year. I don’t care about paying foreign income taxes because I know I am not double taxes. Too many mole hills being turned into mountains. Too many attacks on my character. I am out.

Yes. yes. Share your data that says removal hearings where the conditional green card holder presents a divorce decree have low success rates. I am keen to learn. Why would it be denied? What are you not telling us? Let’s assume you are denied and exhaust all appeals. Assuming you are over age 21, your option to stay in the U.S. requires your U.S. citizen spouse petitioning your green card.

No need to exclude a month’s income. You either paid Greece tax on your Greek income or you didn’t. If you did, you won’t be double taxed. If you didn’t you will be taxed by the IRS. How many dollars of taxes are you trying to save really? More or less than what you would pay a CPA? I am so glad that the embassy issued my wife’s K-1 in January (after she stopped working in December) versus December. And I had already told her that if the visa is issued in December, she’s not coming until January.

I would: * lease a post office box from usps or a private mail facility. The latter might have the option to let you forward physical mail to your current location. * file a new I-751 listing the PO Box as the mailing address. Use a different lawyer Or no lawyer at all. 4 year extension letter coming your way. * do not use the PO Box for anything but USCIS communications * once a week check if I am in removal proceedings due to the old I-751 being denied. https://acis.eoir.justice.gov/en/ If your trial is scheduled, hire a lawyer to defend you. The trial is where you will win your 10 year gc. So welcome it versus fear it. * file AR-11 online listing the old case to use the PO Box as the mailing address * once you get your 10 year green card, hire a lawyer to cancel removal proceedings from the old I-751 * keep the PO Box until you naturalize.

People under age 18 cannot file N-400. If you can provide original evidence of legal and physical custody, then your daughter will immediately become a U.S. citizen once either of her parents becomes a U.S. citizen, provided she is still under age 18 at time her parent naturalizes. Each parent should make copies, front and back of their green cards now. The green cards are expected to be taken at naturalization. After a parent naturalizes, that parent can apply for the daughter’s passport and passport card by including the following with the passport application: * marriage certificate of parents (evidence of legal custody in traditional nuclear families) * birth certificate of daughter listing the parents as the same people in the marriage certificate * naturalization certificate of parent * proof the daughter and parent live at the same address (evidence of physical custody). Start gathering this now. It is harder than it looks. * green card of daughter Provide an original (except for drivers licenses and State id cards) and photo copy of each piece of evidence Make a complete copy of everything you send, front and back. Do not expect the green card to come back. If it goes not, preserve any note the passport agency provides that says it kept the green card. Alternatively, you might get the green card back with a demand that you return the green card to USCIS. Ignore that demand for the moment. Expect the other original evidence to come back. Depending on how long your daughter is without her green card and passport or passport card, you might need to get an ADIT stamp on her foreign passport from USCIS as an alternative I-551. Once her passport or passport card comes back, file N-600 to get your daughter an original certificate of citizenship. This is gold standard evidence of U.S. citizenship that will be accepted in situations where a passport or passport card are not: * your daughter is denied a passport or passport card renewal in the future. Causes can include failure to pay child support, criminal record, a history of losing passports, etc. * the passport agency processing times for renewals go crazy as they did when WHTI was implemented, or when travel bans started to end after year 1 of the pandemic emergency. A certificate of citizenship never expires. * security clearance for sensitive work for the federal government * certain roles in the U.S. armed forces and federal civil service * state DL (when a dmv cannot verify her citizenship with SAVE, some states will bypass SAVE with a certificate of citizenship) * social security card (there is a classified portion of the SSA policy manual that sometimes requires citizens to produce a certificate of citizenship) * petitioning a family member for a green card * registering to vote online in some states There are examples of the above where a passport or passport card sufficed. And there are counter examples where it didn’t. Regardless as you can imagine, providing the evidence decades after the fact can be hard. It is best to address this while the evidence is hot. The evidence needed to apply for N-600 is a copy of everything you sent to get a passport and passport card plus: * a copy of the note saying the passport agency kept the gc * copy of the daughter’s passport or passport card N-600 should be filed online so that originals are not mistakenly sent At the N-600 interview, bring all original evidence. At that time, you can expect to surrender your daughter’s green card. Or USCIS might request it separately. I would not surrender her green card until the certificate of citizenship is in hand.

In vain I think. I used to be a believer in filing I-90 at any time to fix problems with conditional green cards. Then someone on VJ pointed this out: https://www.uscis.gov/sites/default/files/document/forms/i-90instr.pdf Conditional permanent residents may not use this application to replace, for any reason, an existing Permanent Resident Card that is expired or will expire within 90 days. I’d, * give USCIS a second crack at this with an improved cover letter * after the reject, call USCIS, say “info pass”, and request a tier 2 officer call. * if filing N-400 and the tier 2 doesn’t get it, file I-751 a third time if the second attempt is rejected, this time including all USCIS communications on the I-751s. * then include all of the above with the n-400. Usually the N-400 ISO catches it. But OP might luck out like neonred

Simplest is to take the foreign income tax credit. besides which: https://www.irs.gov/instructions/i2555 “ Note. If you did not live 330 full days in a foreign country, or countries, during a 12-month period, you are not entitled to claim the foreign earned income exclusion. The 330 qualifying days do not have to be consecutive.” I just let TurboTax figure this stuff out.