da95826
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Everything posted by da95826
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Interview Inconclusive
da95826 replied to Bigmeg's topic in US Citizenship Case Filing and Progress Reports
You can collect the 2021 transcripts from the IRS web site and upload it on the n400 document section at https://my.uscis.gov/. If you filed a paper n400 application, you have instructions on how to connect to your online account in the receipt notice for n400. Otherwise, you will need to wait for the RFE. It may be a while before they get back to you. -
You can totally remove the conditions on your legale permanent residency by filing an i751 divorce waiver case. You need a final divorce decree (So get your divorce as quickly as you can) Have proof of a bonified marriage before divorce Need proof from marriage until separation, that you lived together as a couple like be on the lease, copies IDs with common address in the past, mail sent to common address; also need proof of shared finances, joint tax returns, shared bank account statements, shared bills, pictures together, joint insurance, trips together, birth records of any children together, affidavit from spouse that marriage was real but did not work out if possible. Really you only need those two things to get the i751 divorce waver case approved, it does not matter who caused the divorce you just need to prove the marriage was bonified and was entered in good faith. That is why you need to gather as much bonified marriage proof as you can now and keep it safe to file with your i751 application.
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Hello guys
da95826 replied to Tamoya30's topic in Effects of Major Family Changes on Immigration Benefits
Was an adjustment of status filed with the i360? If not, then no work card until the i360 is approved which takes 3 years. She needs to file an adjustment of status packet i485, i765, and i131. If an adjustment of status was filed, which it sounds like it was, and a new i-765 application with category code of 09 was filed so they will get a work card in 4 to 6 months or so. A work card can take 6 to 10 months to be issued. Good luck -
Online vs Paper Application - N400
da95826 replied to Gapsie's topic in US Citizenship General Discussion
Filed online, quick easy, uploaded evidence with no issues, printed out receipt notice in minutes after filing, uploaded additional evidence shortly before interview, printed out appointment letter almost 2 weeks before arriving in the mail. I found the online system covenant and easy to navigate. Do not file online too soon, wait a few days after windows opens to file your n400 online. -
In our case we did not notice that our n400 interview was going to be a combo i751/n400 interview only a n400 invitation, but it was a combo interview. You should be prepared for the combo interview the green card holder and US spouse should both come to the n400 appointment being update bonified marriage evidence, updated joint income tax transcripts, USA spouse's birth certificate or citizenship certificate. Bring all the original documents used in the n400 application as indicated in the invitation letter. There is a chance the USCIS field office may not do the combo interview due to issues with your i751 file, or they may approve the i751 without an interview. Good luck.
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USCIS has 120 days to decide your case, so it is too early to do anything yet. Not sure why your case is delayed, perhaps a staffing issue with USCIS. You could make a case inquiry, but I doubt USCIS will do much until 120 days have passed. Good luck.
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Can't tell why you may have issues slowing your case, you don't have your timeline updated. How did your removal of conditions go? No chance you separated from your spouse before your i751 approval? Are you still with your spouse? Is Canada your original home county or did you immigrate to Canada? Did you have any legal issue arrests or convictions? Did you travel outside of the USA a lot? Sometime records get stuck in storage delaying processing. Every case is different, you would know best what may be slowing your case down.
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My Husband's Secret
da95826 replied to confusedsoul's topic in Effects of Major Family Changes on Immigration Benefits
As @Mike E indicates you have options to adjust your status as a K1 without the help of your spouse as long as the affidavit of support is in place. You will not need to file for VAWA which takes 3 years to adjudicate. Get assistance from an immigration lawyer to help with Matter Sesay legal prescience for k1 visa holders at the AOS interview. If needed you can file a VAWA later, but you won't need to if AOS goes through which it can. -
Your children can only become US citizens from you; when you become a citizen AND they have a green card, AND are in the USA in your custody and care, AND are under 18 years old. If you meet all those conditions they become citizens automatically by law. You will need to file i130 for them and obtain green cards when they arrive in the USA they become citizens.
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No income requirements for ROC. You must show bona fide marriage proof for i751 application. Show you share income and expenses, joint bank account statements with deposits and expenses paid from are best to submit each month of marriage. Joint Tax returns transcripts for each year of marriage is best to submit Show both the green card holder and spouse are on the lease or mortgage for each home during marriage. Show proof of children together, large purchases together (car - home), travel together, photos together, insurance together, state IDs with common address and joint bills.
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No need to work during the 3 years of residency before filing for naturalization. Assuming you file a 3 year n400 application… You need to show that LPR has filed and paid taxes so joint tax filing for each year no matter how much income, joint tax returns with spouse would be best. You will need to show that the green card holder resides with the US citizen spouse for the whole three years after getting the green card, you must live together for the whole three years. You will need to show the US citizen spouse has been a US citizen for the whole 3 years before filing. You will need to not be out of the USA for more than 180 days on any one trip out of the USA. You will need to show that the green card holder has been in the USA for more than 18 months over the past 36 months (more than 50% of the time over the last 3 years). You will need to live at the home address 90 days before filing your n400
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Evidence Commonly Sent?
da95826 replied to kec523's topic in Removing Conditions on Residency General Discussion
Scan or photograph with phone the photos, invites, wedding program, and so on. Then you can submit printed out letter sized pages with pictures plus captions and other documents you scaned. Only submit one sided pages of pictures and other documents letter sized pages, the lockbox will not accept anything in a photo album or are in folders. USCIS scans everything submitted and they do not take things out of the folders or albums to run through their scanners. Submit shared bank account statements showing bills are being paid and wages are being deposited month to month if you have it. Copies of State issue IDs with shared address for both of you (Driver's license) W2/1099 tax documents for each of you as they have your shared address on them Submit some letters address to each of you at your common home address Affidavits are okay to submit but are not required, you have a lot of good evidence already. Affidavits are secondary evidence and are most helpful if you are lacking evidence in some way. -
You have only been out of the US since February so you should return to the USA sooner rather than later. I would get back to the USA before you are out for more than a year to preserve your LPR status. I don’t know about the limitations of the boarding foil but I would get back to the USA and get your i551 stamp ASAP. Then you can return to your county if needed for up to a year. Also, there is a good chance your ROC interview may be happening in the near future so you need to be able to get back to the US quickly. If you stay out of the USA for more than a year then the SB1 visa may be your only option. Not sure if SB1 works with conditional green cards so you may want to check if you need to spend a lot more time out of the US.
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I think you need to get a Boarding Foil from the US embassy is your best option to fly back to the US. If you can get to the US border I think you will be admitted to the USA as you are still a LPR. The problem you have is flying back to the US, airlines won’t let you board without the needed documentation. I guess your i751 could get approved without an interview and your 10 year green card would be sent to your USA address and you could use it. You may get an i751 interview notice, you need to get back to the USA for that however otherwise your ROC would be denied. Your other option may be an SB1 visa if needed. Permanent resident aliens, who were unable to return to the United States for reasons beyond their control within the travel validity period of the Permanent Resident Card (Green Card), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB1) visa.
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Looks like you will have an issue with getting a reentry permit…. From Page 3 of the instructions for the I-131... (2) A Reentry Permit issued to a conditional permanent resident is valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever date comes first. You can not have a re-entry permit issued after your conditional green card has expired. I don't think you will be able to get a valid re-entry permit. Not sure how you are going to be able to board the airplane to come to the USA. You may need to go to the US embassy and get a Boarding Foil. You are out of the USA with both an expired green card and expired extension letter so that is a problem unless you have an unexpired i551 stamp in your passport.
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Wait until the office reopens, go back with your appointment letter there is a good chance they will allow you to get your fingerprints done. Especially if the office is not too busy, so go back when the office is not busy. USICIS can be a bit flexible with biometric appointments. They got more strict during Covid.