JKLSemicolon
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Everything posted by JKLSemicolon
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We created my wife’s myUSCIS account to pay the immigrant fee before entering on her CR-1. No online access code at any point that I can recall. Interesting how things are happening in a different order though. We also submitted the G-1145 and nothing there, although there was an email notification that came from myUSCIS today about a case update (just the same update I already saw last night).
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Have you read this page? https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp @mindthegap and others will have more experience with the ADIT stamp process, but if you spoke to a Tier 1 officer on the phone they likely did not give you accurate information. Edit: did you receive an extension letter for the new filing?
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Was the green card that has the maiden name issued after marriage? If that’s the case (and someone else can correct me if I’m wrong), my understanding was that you would need to go through the court-ordered name change process in order to use the married name on a permanent resident card. The reason is that the proof of name change has to be from after the original GC was issued, so the marriage certificate would not count. The other option is to wait until citizenship to do the name change.
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Can you elaborate on what you see as the part requiring legal advice? I have read the USCIS chapter related to continuous residence as it relates to naturalization (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3) and, as mentioned, we will take that into account when the time comes. As far as conditional permanent residence, the USCIS policy manual (https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5) states: In order for USCIS to approve the petition to remove conditions, the CPR must establish that: The marriage upon which the CPR admitted to the United States was valid; The marriage has not been terminated; and The marriage was not entered into for purposes of evading the immigration laws of the United States None of those points explicitly has to do with the question of time spent outside of the country, although if anyone has another reference to look through I will gladly do it.
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Hi all, We are getting ready to file for removal of conditions and I would like others' opinions on the best way to answer Part 2, Question 22 on Form I-751. The question reads: My wife got her conditional permanent residency in September 2021. However, during the past two years she has spent a significant amount of time in her home country due to a complicated situation that was only finally resolved last month (July 2023). The situation had to do with being able to leave her former employer (a university) without them clawing back a large sum of money that was given in financial aid during an arrangement made years earlier. We of course did not anticipate this taking as long as it did, otherwise we might have opted to let the case sit at NVC for longer during the spousal visa process. So for much of the time since she became a permanent resident, she was still working in Ecuador and returning to the U.S. as frequently as possible until coming back full-time in July. Throughout, she has maintained significant ties to the U.S. including being on our shared lease, shared insurance plans, shared bank and credit card accounts, joint tax returns, etc. Given all this, my inclination in answering the question above is to say "Yes", list the family address in Ecuador in the Additional Information section along with a brief explanation, and find ways in the rest of the package to put this into greater context. That could be through a cover letter, timeline, and perhaps even relevant translated documents/correspondence related to the employer situation. From this group I am trying to get a sense of whether this sounds like a good approach and how much of this information is truly relevant for USCIS. We have been together for 13 years now and I don't doubt our ability to demonstrate that this is a bona fide marriage, but at the same time these circumstances are different from a lot of cases out there and I want to be able to present them in an appropriate way.
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I751 N400 combo interview
JKLSemicolon replied to Kervin jo's topic in Removing Conditions on Residency General Discussion
Congratulations! If you could take a few minutes to fill out your VisaJourney timeline, that will help many other users on this site. -
I would add that I-751 interviews are often waived if the beneficiary previously completed an interview with USCIS - for example, during the AOS process as would have happened with the OP of this thread. By contrast, those who enter on a CR1 after having done only a consular interview will most likely have to complete an interview with USCIS during the ROC process (unless things have changed?).
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If the ITIN is issued, that is a positive sign since the return can be filed by the IRS after that. In my experience we got no further notification after receiving the ITIN letter and returned original documents in the mail. Although we were owed a refund, the "Where's my Refund?" page did not show anything until right before the refund arrived, ˜9 months after getting the ITIN. However, the IRS was working through a significant backlog at the time that may (?) be slightly better now. There may be a way to call to check the status of the return, but the only call I made at the time was to check the status of the ITIN once it was past the published processing time from the IRS website (currently 7 weeks).
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For your first question, when submitting the paper 1040 with form W-7, I left my wife's SSN blank as the IRS will fill in the ITIN once assigned. Edited to add: I would certainly not put "NRA" instead of her first name. Remember that you are also required to submit a statement indicating the choice be considered a U.S. resident for tax purposes, so putting NRA (=Non-Resident Alien) anywhere does not make sense in this case. For the second question, in 2021 I sent the return and W-7 to Austin before the filing deadline and without filing an extension, and had no problems in spite of the rest of the process taking over a year. Not sure about your third question.
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We used the taxpayer ID from her return in Ecuador. Edited to add: this was the number from box 6b of Form W-7. However, you may consider using the identification number from the document in part 6d of the W-7 instead? The format for the document I sent is below (slightly updated after looking at the current IRS language): Note that I actually did include the parentheses after the identification numbers specifying what each one was. Hope that helps.