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OldUser

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Everything posted by OldUser

  1. Thank you for sharing your experience of expediting @EatBulaga I'm glad it worked out. I wish your original post included information about the reason for expediting EAD, which was your foreign spouse helping your mother.
  2. Which exact form did you file to achieve it? Did she have I-90 filed for the green card replacement? Did she have a I-551 stamp in her passport instead of Green Card that was taken away? She should have not left the US at all until Green Card situation was resolved. Please help with answers to my questions before any answers can be given.
  3. Congratulations! If you can, please, complete the timeline in your profile. It may help somebody.
  4. Thank you for the info. So you're saying you still have a 10 year GC card in your possession? And 24 month extension letter in addition?
  5. Doesn't make sense to me. If she had an interview at consulate, she would have had an immigrant visa in passport to enter the US with. After that she would get green card (provided all fees were paid). Don't understand why I-90 was filed.
  6. @Rocio0010 as a side note, why are you applying exactly on the day when 90 day window opens? You surely must have seen reports of USCIS denying applications due to date/time difference. Even if accepted today, it may show in their system you filed 91 days before 3 year mark of being LPR.
  7. One addition to my previous post: "If you meet the green card test at any time during the calendar year, but do not meet the substantial presence test for that year, your residency starting date is the first day on which you are present in the United States as a lawful permanent resident." So if you only entered the US in October 2022 that's when your residency began for tax purposes
  8. Yes, just like US citizens. And you cannot easily opt out of it by moving to another country. You will be a US tax resident until you formally relinquish your LPR status by filing I-407 or US immigration judge takes your status away.
  9. Absolutely not. Your brother's tourist visa application has nothing to do with your WAVA and mentioning it can only make things worse.
  10. My understanding is as long as you were LPR for at least 1 day in 2022, you must report and pay taxes on worldwide income for 2022. This is because you passed "green card test". "If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. You are subject to tax on worldwide income from all sources and must report all taxable income and pay taxes according to the Internal Revenue Code." More here => https://www.irs.gov/individuals/international-taxpayers/us-tax-residency-green-card-test
  11. Was she born in the US to you and US citizen spouse? The kid is probably a citizen already and doesn't need removal of conditions. But you need to list the child, in fact, all children, in part 5 of your I-751 petition.
  12. I'd say the trips over 180 days will break his continuous residency for the purposes of naturalization.
  13. Agreed with @milimelo you only send the GC with mistake at the very end of I-90 processing. It's in your best interest to fix the mistake. Good news, you don't have to pay fees if you check the right boxes on the form.
  14. @Cacilie you have to get I-751 approved. Be prepared for a combo interview. If you're still married have your US citizen spouse with you. It can go either way: - They'll do N-400 and say you have to wait for decision because of I-751 - They won't even do N-400 once they learn you have I-751 pending and reschedule you - They will do combo I-751 and N-400 interview.
  15. WAC update for 22XXX range as of 1:30 PM PT: 8 x today's approvals in lower range
  16. Analogy: a bank can give you a limit on credit card, but it doesn't mean it's a good idea to max it out. Same logic applies here. Another analogy: your friend invites you over for a dinner. It doesn't mean you should eat up everything available on the table. I know it's frustrating, but these are the rules.
  17. Because my understanding is it works like that: - Service center sends the case to NBC - NBC sends the case to local field office when it's ready to take it. If local field office is busy, both I-751 and N-400 will sit in NBC for a while until local field office can take both cases for combo interview. That's the danger of filing N-400 when I-751 is pending. I-751 could have been resolved by service center without interview (potentially).
  18. You cannot skip I-751 when you have conditional card. N-400 cannot be approved without I-751 in this case.
  19. Which service center? Did you have RFE? Did you file N-400?
  20. Because CBP has discretion whether to allow an alien in or not. They decide themselves according to how they feel. If he or she suspects visa misuse, they won't let alien in and can cancel visa. Tourist visa is for short visits to the US, not for constant 4-6 months visits with a month of being outside in between. Spending 8 months out of 12 is not tourism, CBP can percieve it is as residing in the US without permanent residency.
  21. Rule of thumb she needs to spend twice as much time outside of the US vs time in the US. So if she spent 4 months in the US, it's best she spends 8 months OUTSIDE of the US before visiting again.
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