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OldUser

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Everything posted by OldUser

  1. Not the greatest idea from immigration standpoint considering you'll proving bonafide marriage later on.
  2. +1 you don't have to submit tax return transcripts in initial filing. Worst case you'd reply to RFE / bring it to interview.
  3. Sorry about your family situation. Be super careful with evidence of USC cheating. You divorcing shortly after getting conditions removed plus evidence of cheating going all this time since beginning may suggest to USCIS it was a conveniece marriage for immigration benefit or somebody was paid. I'd try to keep things cool between you and your soon to be ex and divorce without too much drama. Forget about N-400 under 3 year rule. Good luck! P.S. on the day of approval, did you still live together or one of you moved out? I can't blame if one of you moved, given the dangerous situation. But if moved, was USCIS notified of address change?
  4. The key word is few. I'd say very few. You're probably not far off decision on I-130. Few more months away.
  5. No divorce decree = married? Isn't it as simple as that?
  6. To get the ball rolling. USCIS needs to get or reuse biometrics, need to do background checks, study your case, allocate interview time. They could be doing it in 90 day early filing window or after you meet 5 years of residence requirement. Isn't it obvious you get a chance to naturalize faster this way? They can naturalize you a week after you become eligible when filing in 90 day early window VS they would be just looking at your file if you file after 5 year mark.
  7. From US officials point of view the real name is the one on BC unlees there was documented legal name change.
  8. Definitely... Why didn't parents get the BC for their kid and grandma was involved...
  9. Bonus question... Are you eligible to adjust, as to do you have visa available based on latest visa bulletin?
  10. The sponsor doesn't have to live with beneficiary. "I will start working in this position when I get my EAD." ^ this, in my understanding, is the key reason why you can't use your future income. Firstly you'll have a break in employment, secondly your employment is conditioned around receiving EAD. As I mentioned earlier, if you had work independent of your AOS and income from it - then I'd say there would be a possibility of using this income. But even then USCIS can ask for joint sponsor. What you're trying to do is not much different from somebody having no job saying they won't need a sponsor because they'll get a job once they get EAD / GC
  11. Yes, you filed incorrectly. The valid options were: 1) Married filing jointly 2) Married filing separately Option "Single" was wrong. You needed to go for option 2. You can still amend your taxes and give USCIS corrected version when you apply for N-400
  12. That seems like a better solution. You have to prioritize what's more important to you.
  13. I'd consult with somebody else. Misrepresentation is a big issue and a ground for inadmissability.
  14. I'd say it's practically impossible to get USCIS consider beneficiary income in this situation, when beneficiary's employment is about to end due to end of J1 program. Using beneficiary's income typically works when somebody is on work visa (say H1B) with few extra years on it continuing working. I'd forget about using beneficiary's income in this case. Also, I assume this is a marriage case. Why do you live separately? That's a bigger issue compared to to anything else.
  15. Is there a credible lawyer she can hire to do legal analysis and put explanation in writing citing relevant laws etc? This may be something US officials could give at least some weight. Please keep us updated. It's not every day that we see such cases. Your report will be super valuable regardless of the outcome.
  16. Interesting... typically birth certificate is the main identity document a person has and all other docs in life derive from it... Why can't she get corrected version? This is a big problem. DOS may think she's impersonating somebody / faking her ID.
  17. Whenever backlog is growing, USCIS starts processing newer cases faster to imrove stats for processing times (at least in my opinion). I've seen this with everything: AOS, I-751, N-400, asylum. I-130 is no different
  18. UK allows holding multiple British passports AFAIK. Why not just apply for second one? Waiting for visa with international trip lined up is a valid reason to apply for second passport. The first can stay with US embassy however long it needs.
  19. 3 weeks doesn't seem long for US immigration and especially in 221g land. AFAIK there is no set timeline. Do you need passport urgently for travel? Can't you apply for second passport, many countries allow it. If you want to get passport back because you want US visa in it... You can try inquiring, pressuring embassy etc but they have the key to the kindgdom and will take however long they need.
  20. How big is the difference? Is it: 1) John Smith vs Ben Afflek 2) John Smith vs Jon Smith 3) John Smith vs John Smiths 4) John Smith vs John Brown ? Does she have a good explanation why the name is different? How did she get other docs in different name, like passport? Usually to get one, people show birth certificate. Will she have new birth certificate?
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