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OldUser

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Everything posted by OldUser

  1. Does he have a copy of certificate? Did he file for replacement? Maybe that's something you can show if asked? I would not start the interview with that, only if he gets asked. Also take his passport.
  2. You did overstay, unfortunately. You only get 90 days on ESTA. Yes, you're right about being in AOS status when you file I-485. However, the overstay is only "cleared" if your AOS is approved. If you get denied or abandon AOS (which you did), that overstay means B1/B2 or Esta is hard to get again.
  3. No, these are not the only forms. You should file I-131, I-765, I-864 and more. See guide for details: I know it says for spouse, but it's the same for parents. It's best to file everything in one packet and not split I-130 and I-485. You can include one check for all fees. Also, make sure dad is aware what permanent residence means. It means not leaving the US while AOS is pending, also spending majority of time in the US after receiving GC. Plus taxes on income worldwide etc
  4. I don't believe you would spend less time waiting for K1 outside of the US than you would spend waiting for CR1. It used to be faster, but I heard it's no longer the case.
  5. You cannot work legally as a Canadian in the US without work authorization. Even for remote work.
  6. Does he have a local state ID / driver's license? I can't say for certain whether expired passport would be accepted. Foreign unexpired DL may be be accepted, but cannot guarantee it 100%. He should apply for passport renewal right after biometrics appointment. It can be done online for UK.
  7. Sadly I do not have more specifics other than it takes ~12-18 months to enter the US. You may want to search threads where people post updates about their cases? I'd say petitioner's location in the US is not that important. It's mostly the beneficiary's consulate / embassy that has varying time to schedule interview, depending on their backlog.
  8. I'll ask @Crazy Cat to post his famous comparison between CR1 and K1 in this thread 😊
  9. K1 and CR1 take about the same time before entering the US. However, when entering on K1 you'd have to go through AOS, which is additional fees and time. I cannot see a use case for K1 at all. When entering on CR1, the immigrant becomes an LPR immediately with more rights and freedoms. You can start building life together VS waiting for EAD etc.
  10. Signed, dated and copy of person's ID attached. This is what my lawyer told me to do and I followed the advice. Was it akward to ask close friends for this? Yes it was, but I don't regret 😀 It proved, should we need help, they're kind enough to offer it. I had other good evidence, the case was approved without interview. I will never know if affidavits played any role in this at all, and to what degree. They can be from family, but of course friends, colleagues, building managers where you lease etc are also good.
  11. That's one of the reasons. Another reason is foreign documents in maiden name, such as passport. In some countries it's a hassle to update name. And for Indian citizens for example, it doesn't make sense to go through this whole thing if they cannot hold dual citizenship after naturalizing in the US. Also, an unpopular opinion... The blunt truth is, considering half of marriages in the US fall apart, and this is more likely in the initial 2-5 years, it may be a hassle for an immigrant to change names back and forth. When somebody changes their name at naturalization stage, it's a more consious decision not related to immigration at all. At that point the marriage is typically stronger and one can make such a big change to their identity without a doubt.
  12. No this is not mandatory. Feel free skipping this. I made an effort of including affidavits, because I always try to submit as much evidence as possible VS minimum for approval.
  13. As far as I know, WoM can also be used before the interview happened. At least, that's according to a lawyer who specializes in suing USCIS. The rationale is, the naturalization can be granted by immigration judge, and USCIS wants to go through file themselves instead, so they get movitated to interview / issue a decision.
  14. You can start with inquiry into your case when it's outside of normal processing times. This can be filed electronically https://egov.uscis.gov/processing-times/ Then, you can involve a congressman. Finally, if neither works, you can file Writ of Mandamus to get a decision. This can be done yourself for $402 or with a lawyer for ~$5000. This forces USCIS to take some action. Or you can keep waiting.
  15. I vote for rescheduling travel plans unless it's urgent. There's not that many things more important than becoming a US citizen. The problem with rescheduling oath, it can take months to get another invitation and USCIS can forget about the future citizen altogether 😃
  16. Time to think about rescheduling unless it's an urgent trip?
  17. If you filed in August 2023, it only been 5-6 months. It's perfectly normal wait time. Whenever I read N-400 is the fastest and easiest step, I scratch my head. It is the most serious part of immigration journey, with USCIS granting the ultimate immigration benefit that's very hard to revoke. No wonder they take time. They have go go through entire immigration file to see if everything was done correctly at visa, AOS (if applicable) and I-751 stage (if applicable). As one lawyer says, it's their last chance to deport somebody. No that they would deport anybody who's case taking longer. They just examine everything very closely. Plus the usual backlogs.
  18. It's not extreme at all. It's a tool that works.
  19. I'd apply on 5 year mark after DUI incident to be sure. I'd also speak to an immigration lawyer. If this is a deportable offence, you may be better off not applying at all.
  20. Was he present in Nigeria at the court when divorce was granted? Is he sure divorce is real?
  21. Most importantly: does your mother want to go this route? Permanent residence should not be taken lightly. Not only she'd be stuck in the US for over a year while adjusting, in the future she should be spending majority of her time in the US. You should also file I-131. None of have a crystal ball to tell whether it's a completely problem free case. It all depends on health, criminal history (if any), US immigration history (if any).
  22. I'm not a lawyer and this is not a legal advice. Yes Practically, no. You can change the employers, but requirements are stricted compared to H1B making it very difficult Yes
  23. Agree with this. I can't see how one can use Visa A to enter and continue on status B in the US. A proper E2 visa needed for reentry in my opinion too. Essentially, OP should not travel outside of the US unless ready to reapply for visa.
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