Jump to content

OldUser

Members, Organizer
  • Posts

    12,975
  • Joined

  • Last visited

  • Days Won

    142

Everything posted by OldUser

  1. It is what it is, you can't hide it. It's important that you have evidence of spending time together and solid plan of how you'd live together once she finishes J-1
  2. All the information should be as of time you file forms, not as of future. So her current address is her current address, not where she'd live with you in the future. Same goes to household size. This depends on your taxes. Typically the size is you + any dependants you claim on tax forms + immigrant you're sponsoring
  3. Congrats! This is amazing, means they're aware of both pending cases
  4. I don't think you filed I-485 online. Even today, this is not available.
  5. You can try using account #1 or create account #3
  6. Fair enough. Let's see what OP says. I just don't see how one can enter and become LPR, unless they were on immigrant visa. AOS takes time.
  7. From what OP posted, spousal visa was the route.
  8. I'd interpret rules strictly and apply for citizenship after 3 year anniversary of living together in the US. This typically means no 90 day early filing. Example of denied case
  9. Sorry about that experience! I only had hold ups due to pending I-751, but nothing else described
  10. Sounds like a plan! There's really no rush to update SSA, I did it after receiving passport. But needs to be done.
  11. That's true, no walk ins in most places. I'd get passport first. This is what I did personally. Here is my experience updating status with SSA:
  12. Congrats! Remember to update status with SSA
  13. Oh man, I love the Keys. Been there few times. Such a lovely place. Jealous of you! Have fun
  14. Sorry @MAX_Q I made a mistake. 4 years and 1 day from that long trip would be some time in March 2026, not September 2026.
  15. At USCIS nobody cares about circumstances and reasons, they need her to meet the criteria to be approved. She'll meet this criteria 4 years and 1 day after returning to the US after long trip.
  16. There's no such requirement. The requirement is residing in the US.
  17. She can file under 5 year rule. There's 4 year and 1 day exception. Meaning after 4 years and 1 day after she returned from long trip, she could try naturalizing: "An applicant applying for naturalization under INA 316, which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States (whenever 364 days or less of the absence remains within the statutory period), to have the requisite continuous residence to apply for naturalization.[21] The statutory period preceding the filing of the application is calculated from the date of filing." Source: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
  18. LPRs and citizens have exact same tax obligations
  19. Other than adding to USCIS backlog
  20. Well, you don't want to fabricate lease now that didn't exist back then. It would be fraud. You would have to convince the officer. Your son living there is a plus, but you yourself didn't have lease or job, which goes against your case claiming you maintained residence. You can always try, maybe you'll be lucky.
  21. You can reapply as soon as you will be eligible. No other penalties other than losing fees.
  22. Yes, you can use your parents' address for now. But in about a year (at NVC step) you'll have to reestablish US domicile or at least show the intent. Without it, visa won't be granted. The point of spousal visa is reuniting. E.g. US citizen lives in the US and foreign spouse lives overseas. If they both live abroad, they're united already and don't need visa. Reestablishing domicile includes getting lease or arranging living situation otherwise, registering to vote, getting ID with US address, library card, bank accounts, job offer etc.
  23. So if you were back to the US in March 2022, you can safely apply for N-400 under 5 years rule with 4 year 1 day exception. Example: You returned to the US on September 1, 2022. Then you can apply for N-400 on September 2nd 2026 or later. This is 4 years and 1 day since coming back to US from 6+ months trip. You don't seem to have lease, you don't seem to have job. These are good pieces of evidence of maintaining continuous residence which you don't have. You can file N-400 today, but you may get denied. Unless you prove to officer to his or her satisfaction you did not break residence. If you don't care too much about losing filing fee and getting denied and want to try - you can apply any time before September 2026. If you want to play safe - wait another year from now. USCIS typically won't care about reasons why the continuous residence was broken. They're more interested in your proof of maintaining residence.
×
×
  • Create New...