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OldUser

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Everything posted by OldUser

  1. It's great you recognized and fixed the mistake. It should not be an issue.
  2. Yes, it will be used against you. And this makes the process very tricky. You need to get divorce lawyer ASAP. You may be at losing end when it comes to divorce terms, but major compromise on your end is likely needed to secure your stay in the US. Of course, not saying give up your kids etc. But you have major disadvantage because of I-751 and may need to find a solution with USC. Make sure you're clear about your immigration with divorce lawyer. Most of them would be treating you like they would a US citizen - trying to get you a better deal. You may not have luxury of time to go back and forth too much. By the way, I'm really sorry you're going through this, it must be hard
  3. There's no 6-month waiting period. The earliest a couple can divorce is 6 months from the day the other spouse was served divorce papers or responded in court. This is a waiting period. There isn't one for a legal separation. Source: https://selfhelp.courts.ca.gov/divorce-california/legal-separation
  4. There's 6 months waiting period. Sure, not 6 months separation period. But typically when things go South, you don't want to be living at the same place.
  5. The tricky part is also, if I-751 is denied (because you cannot reply fast enough to RFE), then you can be given NTA. I'd work with divorce and immigration lawyer to make sure the case goes smooth.
  6. Sure thing, even when you renew 10 year GC you can get in trouble. USCIS may change I-90 to ask more questions on form. CBP can also give you trouble. You need to be transparent with USCIS about divorce.
  7. The biggest problem is if you get approved without interview and USCIS is not aware of divorce. #3 is not the worst thing, yes you'd have to ask to convert I-751 and hope they give you enough days to respond to RFE. Your case is pretty tricky. You need to separate ASAP (like, yesterday). You also need to give whatever your USC wants to make sure the divorce is finalized ASAP. Essentially, you need to focus on divorce right now. Separate, get lawyer and prepare everything so when 6 months is up, you'll have divorce decree coming soon after. Immigration is secondary, but important to keep in mind.
  8. One month for I-751 as a target? This is an exception, not a rule. Most I-751s take a few years... NOA1 alone can take 4-8 weeks to get. If you sent it yesterday, you can expect NOA1 sometime in October, maybe by October 10-15.
  9. My understanding is, the return transcripts is what USCIS is interested in. That's what I uploaded. Was never asked about tax returns at the interview.
  10. I download the transcripts every year and keep electronic copies, knowning that online portal deletes them... Same goes for bank statements etc. I uploaded 2020 transcript with my filing.
  11. Ignore estimated time. On day of my oath it showed 3 weeks until decision. People see all sorts of random numbers there and "Your case is taking longer than expectedc too sometimes
  12. Interesting. I never heard account transcripts being relevant, only tax return transcripts. The request is weird, tax return transcript is typically proof of taxes being actually paid and contain most important info from whole tax returns.
  13. There's one lawyer who has large presence on YouTube. He specializes in Writ of Mandamus. It is an effective tool. According to him, suing does not cause any negative outcome, because you're not asking for money, to fire somebody etc. All you're asking for is for USCIS to do their job and give decision. Actually, you never end up going to court etc. The moment USCIS get served, they typically resolve it within 60 days and lawyer withdraws the lawsuit. I've never heard of USCIS retaliating against somebody who used their legal right to file a lawsuit.
  14. Yes it's possible. But does she want to live in the US? Does she have anybody back home? This may be a long and expensive process. Did you consider cost of healthcare in the US?
  15. None of these requests force USCIS to take an action. Only WoM does
  16. Pay new fee and refile I-765 or wait until you get green card. But I'd wait for official letter first.
  17. I'm really sorry about your dad. Didn't have such experience, but it's possible to travel before oath. You'd have to disclose all the new travel before oath. The difficult points are: 1) What if oath is scheduled while you're away? 2) What if you get stuck in country you're going to? There was a thread about person who missed a number of oath ceremonies and got stuck in infinite loop hoping to naturalize. Also make sure your trip won't break your continuous residence and physical presence. But of course, family comes first and immigration second. Good luck!
  18. Applicant's BC is not needed for N-400 process at all. This was established when green card was issued. No harm in bringing it, but it won't be needed. If applying under 3 year rule, US citizen's spouse BC may be asked, but definitely not after interview when case is approved. OP is at oath stage, none of this applies
  19. Then most likely, I-765 is denied, not the expedite. There's no form i486, maybe I-485?
  20. What does case status for I-765 say?
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