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Everything posted by OldUser
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Online I-130 filing requirements
OldUser replied to Oriol Reinoso's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You don't need joint accounts now. You may need to open some when you move to the US. It would not only help with immigration, but also with family budgeting. For example, many choose to contribute money to joint account to pay rent / mortgage, bills and large purchases. Get the tax refund money there. You can still have personal accounts to cover for smaller things like credit card purchases. Also, you need to understand, your wife should have filed taxes as a US citizen no matter where she lives. If she didn't, it's time to file those missing taxes. At some point, she should also reestablish US domicile to have your visa issued. This means she has to get an address in the US (leas, parents). Register to vote at that address. Have bank accounts in the US, get library card, start job search, register with primary care doctor. Unless she can provide proof of domicile, no visa will be issued. Also, she may need a joint sponsor, a US LPR or US citizen, not necessarily a family member, who needs to have enough good income to exceed 125% poverty guideline https://www.uscis.gov/i-864p. It's different depending how many dependants on taxes joint sponsor has. With no dependants, I'd recommend at least 30K income a year. Good luck! -
Online I-130 filing requirements
OldUser replied to Oriol Reinoso's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No notarization is needed, but you need translation for any documents that are not in English. I'd pay online translation agencies to do translation, they can do it pretty cheaply and they do it well. The translator must speak both languages (English and Spanish or whatever other language document is in). Translator must also include statement (Google it, I don't remember exact wording). I've seen USCIS issuing RFE for such documents if not accompanied by translation. I understand there is English there already, but since there is foreign language next to it, it needs to be translated even if it says exactly the same. -
Can/should an address change error be corrected?
OldUser replied to Lewis_L's topic in General Immigration-Related Discussion
OP last visited VJ on September 30, 2023 -
Hmm, are you sure the lawyer actually sent the copy of divorce decree with original filing. Maybe they're making money on RFEs? I'd push back on paying $700. There's nothing new that lawyer didn't know about he has to handle. Also, are you sure the lawyer is a real lawyer? Is he searchable on AILA? https://www.ailalawyer.com/
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File AR-11 ASAP, as required by law. Most likely, it won't help though for delivery of GC. I was moving when my I-751 got approved. Nothing worked - mail forwarding, mail intercept, hold mail... The card got delivered to old address. You may have a bigger problem for N-400 though. Are you sure your conditions were removed correctly? Typically you need to live in marital union when I-751 is approved if filed jointly. If you separated and I-751 got approved with USCIS thinking you live together in a bonafide marriage... You may need to explain everything during naturalization and hope that officer doesn't see it as misrepresentation.
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N-400 August 2024 Filers
OldUser replied to eas123's topic in US Citizenship Case Filing and Progress Reports
USCIS is not fair and life is not fair in general. Historically, 12 months is a reasonable processing time for citizenship case. So I wouldn't worry until August 2025. If it gets processed faster - that's awesome. -
N-400 August 2024 Filers
OldUser replied to eas123's topic in US Citizenship Case Filing and Progress Reports
Elections are over, thus no priority to naturalize -
Have I lost my chance to naturalize?
OldUser replied to claudia91's topic in US Citizenship General Discussion
Doesn't hurt. At least for I-751, they usually flip it to "You haven't provided enough evidence of bonafide marriage thus we cannot establish the fact you haven't entered marriage for immigration benefit". During interview, I wouldn't be surprised to get questions like "What was the color of the carpet in the bedroom you lived with your spouse 5 years ago" and "What was the name of 2nd cousin your wife has". I'd consult a lawyer, bring a lawyer to interview and have a thick folder of marriage entered in good faith evidence. From pictures together and all bank statements and lease agreements, trips together, joint tax filings to USPS Informed Delivery printouts and junkmail addresses to both of you. -
Agreed. No reason to file Single. Not good and doesn't yield any benefits. I'd never speak to the uneducated financial advisor again. He / she probably suggested that to reduce time to file return. I only used tax "expert" once and taxes were filed incorrectly, with IRS asking for more money after reviewing it. Filed myself ever since - and never had a problem thereafter.
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There's nothing beneficial about keeping taxes filed incorrectly. I would amend taxes to be filed as MFJ if possible. I wouldn't do it with the same person who screwed your taxes before. After doing this, your family should get better tax break and maybe even get a refund. Taxes are important for CR-1 / IR-1 as your spouse needs to be a sponsor on I-864. You also need to be careful with minimizing taxable income as it can hurt ability to sponsor as far as I know. Good luck!
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This is forum about Adjustment of Status. Adjustment is about switching from non-immigrant to immigrant status (permanent residence). If I understand correctly, you're asking about changing one non-immigrant status to another non-immigrant status. All I know is it takes much longer to get decision on I-539 than it used to. By the time you get decision, you may be out of status. I highly recommend leaving and re-entering the US with new status instead of attempting to change status in the US. Another thing I noted, you mentioned "living in the US". Be careful with using language like this with CBP. You cannot have immigrant intent when coming to the US on temporary non-immigrant status.
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August 2023 | I-130 Filers
OldUser replied to cinja144's topic in Bringing Family Members of US Citizens to America
If you read May 2023 thread, some folks are only getting approved now and as far as I know none of them filed WoM: By the way, I'm not opposing WoM, it's definitely a useful tool. Deciding when to use it is a difficult decision. -
I-751 December 2024 Filers
OldUser replied to Arsalan111's topic in Removing Conditions on Residency General Discussion
Yes, I-751 receipt is printed on watermarked pale green paper. You can try using it in the US (your mileage may vary). I wouldn't travel on it internationally. Airlines are very likely to deny boarding without original letter and original expired GC. -
August 2023 | I-130 Filers
OldUser replied to cinja144's topic in Bringing Family Members of US Citizens to America
The "batch" of I-751 cases I was in was skipped. No Mandamus, it took additional 5.5 months but everybody in my batch got eventually proceessed. I say when processing times is 15 months, any approvals that deviate 2-3 months either way (shorter or longer) is still pretty normal. Whether it's worth spending money on WoM or not is a personal decision. In my opinion, only worth if case is delayed by 5-6 months or more. August 2023 filers are only at the mark they start getting processed. I'd start worrying if somebody still waiting in this group in May 2025. Thank you for sharing your experience. -
August 2023 | I-130 Filers
OldUser replied to cinja144's topic in Bringing Family Members of US Citizens to America
I-130s give roughly 15 months without Mandamus. I wouldn't file Mandamus until it's been 24 months of wait. Why is that? Because most cases will take less than 24 months anyway. Unless money isn't a problem. -
N400 December 2024
OldUser replied to Sam416Sh's topic in US Citizenship Case Filing and Progress Reports
Hi thanks for sharing your experience. Here's existing thread for December 2024 filers: -
N-400 May 2024 Filers
OldUser replied to AUS18B's topic in US Citizenship Case Filing and Progress Reports
To the field office. But if you don't know the officer's name, not sure who to address it to. -
Highlighting ties to the US where they should be no ties. Highlighting dependency on somebody when tourist should be wealthy enough and self-sufficient to make a trip and go back home. If sibling is ready to sponsor, would they also help financially if visitor was to overstay?
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N400 continuous residency violation question
OldUser replied to sanename's topic in US Citizenship General Discussion
Additionally, if in doubt, can always apply for N-400: 1) 4 years and 1 day after coming back to the US after long trip OR 2) 5 years after coming back to the US after long trip. Also, you're not applying for dad. Dad is applying for N-400. You may help, but he must understand what paperwork is being submitted and how things are being answered. It's his own application. He's expected to be proficient in English and understand forms to naturalize. -
N400 continuous residency violation question
OldUser replied to sanename's topic in US Citizenship General Discussion
I'm not 100% surw about exception on medical grounds. He can definitely submit paperwork for it. But in my understanding, USCIS will be far more interested in ties to the US he maintained. Such as: lease in the US (or continuing paying mortgage towards property in the US), water, electric bills paid. Employment in the US, assets and savings in the US in bank accounts, brokerage accounts etc. Car in the US, driver's license showing US address. Taxes paid as required... Rest of family living in the US. Those would be things to prove he maintained life in the US. I'd focus on these first and include medical surgery evidence as a secondary item. -
I-751 December 2024 Filers
OldUser replied to Arsalan111's topic in Removing Conditions on Residency General Discussion
No, sorry. The things change all the time. During my I-751 SRC was fastest then became slowest. I don't know how it's doing today. -
N-400 November 2024 Filers
OldUser replied to dc35's topic in US Citizenship Case Filing and Progress Reports
Unlikely. USCIS operated on fee basis. Over 90% of their operation doesn't depend on government and funds from government. Cancellations happen due to various reasons: weather, scheduling errors, staffing, change in workloads, incomplete background checks or officer needing to take time off due to sickness etc. -
Newly married
OldUser replied to aligator40's topic in Adjustment of Status from Work, Student, & Tourist Visas
You're not mistaken for a AOS case like this, I-693 needs to be sent in with other forms. Agreed on that. -
VAWA, Part 27
OldUser replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
Did you move addresses since filing I-485?