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Everything posted by Mike E
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If I-751 is approved without an interview, he will be exposed to a finding of material misrepresentation. He needs to file AR-11, online, today, to update his physical address. When you move abroad, you will need to file I-865. Did he download his tax return transcripts?
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Manila Embassy K3 Interview Question(s)
Mike E replied to Jason and May's topic in US Embassy and Consulate Discussion
Vitachek cheated me for $100, and all it delivered was a FedEx’d letter saying the State of Colorado did not have a divorce decree on record. You got off cheaply and you got results. You have just one copy, for a divorce that was 13 years ago. That is amazing. I have read horror stories of people divorced for decades whose county clerk of the court no longer had a record of divorce. You were fortunate. Protect that $32 document with extreme measures. Better yet skip lunch at work or any other discretionary expenditure for a while, and get more copies. -
Efficient time between medical exam and interview.
Mike E replied to TheKT's topic in K-1 Fiance(e) Visa Process & Procedures
Is it Montreal or not? Actually no it would not, IMHO. This is because it varies by embassy and consulate. In our case, the embassy would not schedule an interview until we could prove beyond a shadow of a doubt that the sealed medical result was in hand. You will get a better answer if you: 1. identify the consulate 2. request the moderator move your topic to a country specific forum. -
1. Credit card. It should be obvious when you get to the end of the online filing process. 2. yes 3. not a common problem. I have never heard of .gov being blocked by a foreign country. I suggest a side trip to Greece or Bulgaria where .gov is known to be accessible. How the heck does Turkey function as a NATO ally if it blocks .gov? The mind boggles.
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Did you file I-751?
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The same chapter that discusses the 4 year one day rule discusses the rule I described: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 An applicant who is subject to a 5-year statutory period for naturalization is absent from the United States for 8 months, returning on August 1, 2018. The applicant has been absent from the United States for more than 6 months (180 days) but less than 1 year (365 days). As such, the applicant must be able to rebut the presumption of a break in the continuity of residence in order to meet the continuous residence requirement for naturalization. If the applicant is unable to rebut the presumption, he or she must wait until at least 6 months from reaching the 5-year anniversary of the newly established statutory period following the applicant’s return to the United States. In this example, the newly established statutory period began on August 1, 2018, when the applicant returned to the United States. Therefore, the earliest the applicant may re-apply for naturalization is February 1, 2023, which is at least 6 months from the 5-year anniversary of the pertinent statutory period.[18] Ignore the nonsense about 6 calendar months. Every ISO I have encountered uses 180 days, and even Jim Hacking says it is 182.5 days, and even then only if he is appealing a case. I do not advise you to try this rule. Any LPR that draws attention to an absence of more than 180 days is at risk. You were not paying rent; you clearly abandoned LPR status.
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Marriage Ceremonies By Remote Appearance https://www.utahcounty.gov/dept/clerk/marriage/ceremony.html it works. It is simple. Get your marriage license now. Get married ASAP:
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IR-1 Spouse Visa Processing
Mike E replied to aromero1995's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Why wait 9 months to file I-130? OTOH you will avoid I-751. 1. Yes 2. It is an odd message. You are well within expected times 3. File for WoM on 2023-10-17. Look for the topic posted by @igoyougoduke 5. Yes. * Verify your birth certificate, marriage certificate, and other civil documents against https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html * Verify the petitioners current and past U.S. based income * gather originals of required civil documents * renew your passport once there are fewer than 6 months validity -
Bring a Lawyer to N400 Interview: Yes or No?
Mike E replied to *FishF00D*'s topic in US Citizenship General Discussion
Tell it to my wife’s lawyer In my own N-400 interview, the ISO started my English test. Me: “nope, it is after 5pm, you and I want to go home, and I am exempt.”- 36 replies
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You were an LPR, not a visitor. You became an LPR when you entered on your CR-1. You need to file a tax return. Should re-amended to MFJ. This is the weakest case for a 3 year rule N-400 I have ever seen. You returned to the U.S. Feb 22, 2022. 180 days before Feb 22, 2022 is August 26, 2021. So you legally you could apply August 26, 2024, without a waiver of the assumption of breaking continuous residency, because August 26, 2021 to Feb 2022, 2022 is an absence of just 180 days prior to Feb 22, 2022. Or better yet file August 27, 2024, which yields an absence of just 179 days prior to Feb 22, 2022.
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My kids birth certificate so worried
Mike E replied to totta's topic in US Embassy and Consulate Discussion
Expect an RFE, hope for no RFE. -
IMHO, you have no case for the 2 years, 1 day rule. You have a case for the 3 years, less 180 days rule (I prefer 3 years less, 179 days as the lesser evil due to how badly N-400 words this issue). If you did not file tax returns with the IRS during your absence, address that now.
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Maybe. What is your evidence that you did not break continuous residence?
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IOW, ”Something must be done. This is something. Therefore, this must be done.” — said by nearly every U.S. secretary of state and POTUS since April 2017 except for April 26, 2018 – January 20, 2021 and January 20, 2017 – January 20, 2021, respectively. Over a century of bad foreign policy leading to a world war, a nuclear war, countless proxy wars with Russia, China, and with Saudi Arabian gentry, 100s of millions of lives lost, and tens of trillions of dollars spent.
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Bring a Lawyer to N400 Interview: Yes or No?
Mike E replied to *FishF00D*'s topic in US Citizenship General Discussion
My wife’s N-400 interview appointment letter said: Your attorney or authorized representative may come with you to the appointment or be available via phone. What does your letter say? My wife’s lawyer called from San Jose to my wife’s interview Tucson. It worked pretty well except that the ISO did ask my wife a material question before calling the lawyer to join the call. Remember to stay mute until your lawyer is present in person or on the phone.- 36 replies
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Remove Conditions after Naturalization
Mike E replied to zachp's topic in Military Immigration-Related Discussion
I would * carry my U.S. passport card with me at all times. I think every citizen born abroad should do this. * write to the USCIS address on that letter with a copy of the letter, a copy of the naturalization certificate, and a cover letter requesting USCIS to update its records. USPS priority mail should suffice, but if you want certainty, send it registered mail. * a year after USCIS receives the above, do an FOIA to verify that the above was recorded in the A file * 2 years after the GC was due to expire, check https://acis.eoir.justice.gov/en/ for any removal (deportation) cases. -
VA disability and SSDI on I 864
Mike E replied to william l's topic in Bringing Family Members of US Citizens to America
Title of topic says SSDI. SSDI is valid income for I-864 as I have referenced. SSI is not valid income for I-864. Too many posts on VJ conflate SSI, SsDI, and SS retirement income. They are all different. -
Bring a Lawyer to N400 Interview: Yes or No?
Mike E replied to *FishF00D*'s topic in US Citizenship General Discussion
An (apparently) recently hired ISO this month asked a VJ member 10 questions on the civics test despite getting 9 of 10 correct. A lawyer would have stopped the examination at 6 correct answers. Imagine getting the first 6 correct, and then being asked 5 more and getting those 5 wrong. “You failed, you got 5 wrong”. If it were me, I probably would get those 5 wrong because I would be furious. (I went 6 for 6 IRL.)- 36 replies
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VA disability and SSDI on I 864
Mike E replied to william l's topic in Bringing Family Members of US Citizens to America
VA reference: SSDI reference: