Mike E

I’ve since learned that Obama signed an EO that allowed VPs to have authority to classify materials. So while this is still on Trump, a portion is on Obama for creating this Pandora’s Box.

I deposited this comment in that thread and has yet to be answered:

You are violating the narrative

To give her more flexibility in case she has difficulties at the end of her planned stay: illness, flight delays, world disaster, etc. A B visa is not for living in the USA. Her pattern of travel and her romantic relationship with a U.S. citizen can easily lead a CBP officer to conclude she is living in USA. CBP generally admits one general class of aliens for 6 months at a time (and expects them to stay out for 6 months before returning): financially independent people, including: * retirees, especially Canadians (aka snow birds) who like birds, fly south for winter and return to Canada for the summer. So October 1 - March 31 in USA and the rest outside the USA. CBP also understands the pattern of retirees from developing countries who come to USA 6 months out of year to be with an adult child who has an H1-B / green card / citizenship * younger, yet wealthy people. They are a low risk for over stay because if they wanted to stay for a long time they have means to do so legally and the means to expedite their applications. What it has trouble understanding are younger people with non visible means of support or those who are self employed come to stay for months at time, staying in the USA.”What are they doing while in the USA” CBP asks? The answer is likely: “working without authorization”. And not paying U.S. income taxes either. . Sometimes this pattern leads to an over stay, such as that described in Why isn’t she spending more time in those countries versus the U.S. now? She’s never been to Africa for instance. Plenty of stuff to see there. Has she spent the same percentage of her time in those countries as she does in the USA? I’ve been to over 50 countries. Aside from Canada (where I am from) and the U.S., I’ve never spent more than a month at a time in any other country besides Australia. My job didn’t afford me that kind of time. Besides what is there to see in USA really that is unique? NYC, Niagara, central FL theme parks and space port, New Orleans, Grand Canyon, Las Vegas, southern. CA theme parks and the film studios, and maybe DC, Chicago, Yellow Stone, and Yosemite. She’s surely been to Nepal; our mountains are just little hills so she can skip the National Parks. So 45 days should do it. The rest is fly over country: called that because we fly over it and don’t stop there

How do parents of an LPR get sponsored by someone who is neither a U.S. citizen nor an LPR?

When the embassy has another clinic for you to use, you get type medical done there. So reload the embassy web page each day. I would do it from a private window so that you’re less likely to get a stale web page. It’s sad the embassy can’t update its web page instead of letting people spin their wheels.

I’ve seen 5 year cases delayed because the LPR thinks they didn’t need to file tax returns or they did but made the mistake of not having tax return transcripts or tax returns in time for the interview. From the N-400 instructions: D. Tax Returns and Overdue Taxes. Bring photocopies of income tax returns that you filed with the IRS for the past 5 years, or 3 years if filing for naturalization on the basis of marriage to a U.S. citizen. Tax returns are not required for every case. However, USCIS strongly encourages you to bring your tax returns; especially if you are filing based on marriage to a U.S. citizen or have traveled outside the United States for a period that lasted 6 months or more. You can request copies of Federal tax documents at your local IRS office or www.irs.gov. You may also bring an original IRS tax transcript listing tax information for the past 5 years (3 years if filing on the basis of marriage to a U.S. citizen). To obtain a free IRS tax transcript, visit www.irs.gov. Select “Tools” and then select “Order a Return or Account Transcript.” For assistance, you can also call the IRS at 1-800-908-9946. If you have any Federal, state, or local taxes that are overdue, bring: (1) A signed agreement from the IRS, state, or local tax office showing you have filed a tax return and arranged to pay the taxes you owe; and (2) Documentation from the IRS, state, or local tax office showing the current status of your repayment program.

And for four months how did you feed yourself? Drive? People are literally unable to work, travel, drive despite being issued a gc You would not use your erroneous 10 year gc to get a DL, unrestricted SS card, travel to see a relative who needs you? Even after filing I-751? Would refuse to use a gc with the wrong birth date, resident since date, finger print, code? I’m out.

Seems clear to me. Your appointment is canceled.

“Just go get a stamp” 😂

Your timeline says you’ve been an LPR for over 7 years. So file under the 5 year rule. So no evidence of bonafide marriage (such as joint accounts) with a U.S. citizen required. You need your 2021, 2020, 2019, 2018, and 2017 tax return transcripts. It best to upload them when you file but you can upload later or them to the interview.

She requires 5 continuous years of being a gc holder residing in the USA. She broke continuity when she signed I-407.

All birth certificates of all children of the person being interviewed for an immigration visa Bring a photo copy of each so that she doesn’t surrender originals that can be hard to replace depending on the vital records authority.

I googled this for you:

I don’t know who the petitioner and who the beneficiary are in this case but yes either or both can renew their passports. If it is the petitioner, the petitioner should ideally have some other evidence of being a U.S. citizen at the file I-129F was filed instead of a canceled passport.

I had over 500 days of absence across over 50 trips. I wasn’t asked these questions and it would been hilarious to been asked anything. That’s an easy appeal to win.

When the FY2023 Q1 numbers are out I will either crow or eat crow. I think it will be the former. The I-751 backlog could be easily extinguished if USCIS wanted it gone. There is a great novella called Candide by Voltaire that I was required to read in university. I kept it. The risk based approach + 4 year extension lets the service centers adjudicate all the low risk cases and defer the cases that require an interview. The 4 year letters also allow USCIS to wait for the new coin from the I-751 fee hikes to pay for the older high risk cases. If the courts approve the fee hikes then I believe USCIS will risk access new I-751 cases and “quickly” approve them. The savings from those will then be applied to pay for interviews of the back logged high risk cases. They have sped up to 3 months. As I wrote even at SF. It is so fast that i fear USCIS will hold interviews during the 90 day early filing window which is illegal. The data is shocking. Most of USCIS’s resources are being put on N-400s now. While conspiracy theorists say it is so that the ruling party can get more voters for 2024 I think it is because * new hires at USCIS get trained / assigned N-400s first and * allegedly employee turnover at USCIS is high compared to rest of the country’s work force. Thus a certain point for USCIS, most of the ISO1s are trained only for N-400. We appear to be there now. So if USCIS has a high backlog of N-400s, it makes sense to prioritize those. What happens after those newbies finish the N-400 backlog in 2023 is anyone’s guess. Will they process I-751s? Or asylum and refugee cases? Or something else? If the fee hikes go through, they could work on I-129Fs, since that will generate extra coin for I-485 and I-751 down the road.

There have been two major policy changes. The second to most recent policy change said that since you had an interview before (even if it was consular) you were eligible for an interview waiver of RoC (yet could still be randomly selected). The most recent policy change seems to dispense with the “at least one interview rule” and go with a risk based approach. This your evidence is good and normal, it is even more likely your interview will be waived. Most I-751s seem to be following into 3 major categories these days: * “quick” approval with interview waived * death march with no pending N-400. There is a reason why 48 month extension letters were issued. * death march terminated when N-400 filed If your I-751 is picked for an interview, woe unto you if it is at a FO like SF that seems to be dedicated to N-400s these days. It is a remarkable turn around. SF used to be place where N-400s went to die. Earlier this month, I figured at the rate things were going, the N-400 back log was going to end in FY2023 and then maybe I-751s would get attention. But with the advent of the 4 year extension letter, I am not seeing it now. It appears USCIS is going to let the backlog of those who don’t want to naturalize continue to grow exponentially. I still believe the N-400 backlog will still end in FY2023. But now it seems USCIS will then prioritize cases other than I-751. Given the history of growth in extension. letter validity, the math says 8 year extension letters are coming in 2023: 37.35 years after the November 6, 1986 IRCA which introduced RoC.

Congrats! Given the inclusivity of the thread title I’ll chime in: One of the reasons we picked Arizona to move to was that the two main field offices were known for fast processing. If anything that was more true than we could have dreamed. My wife has her interview in Tucson on January 31. This is 4 days after her 3 year anniversary of her approval date as an LPR. If we had filed 90 days before her 3 year anniversary of her “resident since date”, given professing times here, I think she would have been interviewed too soon and case denied (knowing that we would have rescheduled). We are hoping she takes oath next week (Tucson doesn’t do same day, but they seem to do same week oath) so that we can do a trip to Europe before ETIAS is required in November.

Given current processing times, 2 months might be the difference between your step son getting to USA in 2 years versus 10 years.

Why not get married now?

Not unusual. Well done. I expect a notice of oath. The should be within 30 days. Congratulations.

The last one you can see is “case was reopened after approval” 😂

ISOs can ask pretty much whatever they want. Had @ImmigrantKrish answered “yes” the next question might have been, “in the past 5 years”? * If the answer was “yes” well bad stuff happens. * If the answer was “no”, the ISO might have delayed approval to verify that CBP admitted Krish as a returning resident, versus letting an NTA drop on the floor. Even if you are concerned about the question, one applicant’s question is not a guarantee others will get the same question. For example, I had over 500 days of absence in the statutory 5 year period. The question asked of Krish (a LPR for 9 years) wasn’t asked of me (an LPR for 32 years). As a famous immigrant once said (who I am sure had more days of absence than you): you miss 100 percent of the shots you don’t take. The longer you pine over this decision the more likely something will happen that makes it harder to naturalize.

That hand writing was on the wall after the Trump court legalized vouchers. Had Roe not been overturned, that would have received all the hype from the media. This was a more consequential decision than the repeal of Roe. Woke is gonna die in K-12 in half the states. After Washington, and Lincoln, Best President Ever.