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Mike E

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Everything posted by Mike E

  1. I am reminded about one other advantage to naturalization: being a U.S. citizen gives you standing to sue the government for relief when your family based immigration petition is denied
  2. If you don’t have the money for an expedite fee then how is it you have the money to sue? Anyway as this is a K-1 petition, and thus the petitioner is a U.S. citizen, the 9th circuit ruled that the petitioner in you case does indeed have standing to sue the government. See my topic post:
  3. That’s because they didn’t know you had a visa waiver for Canada / Mexico. Citizenship and current physical location matter. I’m one of the few aware that citizens of two handfuls of countries can fly to Guam without visa and esta. It is a rather obscure provision, but then again Guam and CNMI are obscure territories. You aren’t legally entitled to esta and the terms and conditions of Visajourney’s website prevent me from advising you to do that. what is “everything”? Not Legally. And there is a decent chance esta will be denied. And if so you will possibly foreclose the option of the paper visa waiver I gave you: when the airline sends its passenger manifest to CBP before takeoff, CBP might say: “oh Ositaki was denied esta and now is trying the back door. Nope, remove that passenger from the flight” LPRs cannot be denied entry into the USA once they arrive at a port of entry. LPRs and for that matter U.S. citizens can be denied boarding. A Boarding foil is absolutely a waste of time and money because of your citizenship. And as I’ve written, even though the process (I-131a) starts with USCIS, it needs with a U.S. consulate and I think the consulate will deny.
  4. Our lawyer wanted affidavits. Based on visajourney conventional wisdom I was skeptical, but we are paying for legal advice so we complied. Surprisingly we find ourselves in a position I didn’t not expect 2 years ago: a pending N-400 with a 10 year gc in hand. So no dreaded combo interview I would get 2 affidavits from U.S. citizens who have known the married couple since the date of marriage and who can assert their believe that the couple is living together in a marital union and the basis for that belief. Your list is good. Some suggestions: If one of you owns a car, consider adding the other to title. We did before we filed. Like your situation, our home was solely in my name and I did not add my wife to title for various reasons, one of which is there is annual limit of gifts to foreign spouses that is far less than half the value of our home at the time. Your list should have joint bank/brokerage statements for the past 2 years, one statement per quarter. Same with bills of joint accounts such as utilities. If any of you have 401ks or IRAs, list the other as the primary beneficiary. Depending on your state of residence, a marriage certificate trumps any primary beneficiary designation anyway, so might as well make it official. We have AAA and Costco and the annual renewals list both our names.
  5. This is why you fill out your time line. Knowing that would have shortened this thread. S Koreans have a non ESTA visa waiver for Guam. https://www.dhs.gov/guam-cnmi-visa-waiver-program https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html My understanding is you fill out some forms at the airport (or print and fill out https://www.cbp.gov/sites/default/files/assets/documents/2022-Oct/CBP Form I-736(English).pdf ahead of time) and board your flight. When you arrive in Guam, identify yourself as an LPR, expect to be required to fill out I-193 and pay the fee. If CBP is nice to you, you might even get an I-551 stamp at the port of entry. I doubt you will get a boarding foil or SB-1 from the consulate. Since you are South Korean your other option is to fly to Canada or Mexico and walk into the USA, again identifying yourself as an LPR. You will need eTA for Canada. I believe since your I-551 has expired, that makes you legally eligible for eTA (as of April 2022, LPRs are exempt from eTA and technically not permitted to get eTA).
  6. Yes my then fiancée was in the same situation in Burma and I had her do just that. I sent her a photo by text message or email of the unsigned statement of intent to marry. She then wrote it out by hand and signed and dated it and sent me back a photo of what she had written, signed, and dated. I converted the photo into a scan (iPhone’s notes app lets you do this now … back then I used an app called ScannerPro) so it looked like a photo copy. Holographic documents are legally more powerful anyway. No need mail back anything. USCIS policy on acceptable signatures: https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2 An original signature on the benefit request that is later photocopied, scanned, faxed, or similarly reproduced, unless otherwise required by form instructions No need to get it notarized. Also notarization isn’t a thing in some countries.
  7. Few data points but https://www.visajourney.com/timeline/citlist.php?op6=All&op7=Greer+SC&op1=6&op2=&op4=1&op5=5%2C10%2C11&cfl= https://www.visajourney.com/timeline/citlist.php?op6=All&op7=Greer+SC&op1=3&op2=&op4=1&op5=5%2C10%2C11&cfl= each suggest it will be under a year
  8. Why not? The plan is resume life in USA as an LPR. The sooner OP starts the process to get a new green card the better. While USCIS is processing I-90, get on a plane. So: * book the flight. * file I-90 a day before the flight leaves
  9. 1. Yes. Present only your re-entry permit to the airline. See https://archive.org/details/2019carrierinformationguide-english/page/n4/mode/1up?view=theater&q=Entry 2. I don’t know. 3. Most people are approved for the re-entry permit. Eventually. These days I think most return before it is approved. 4. Use your new green card to travel to the U.S., ideally before you have 24 months of continuous absence
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