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OldUser

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Everything posted by OldUser

  1. This is not a unique situation. Your sister and niece are US citizens, they do not immigrate, they just move back to the US. Only your brother in law is immigrating. Your sister needs to have a good standing with IRS, probably have a joint sponsor for I-864. She'd need to reestablish life in the US before spouse can immigrate. She'd need to file I-130 for husband.
  2. If no G-28 was sent to USCIS, then your attorney does not represent you. They cannot represent you legally if they don't send G-28. And this explains why you missed the mail. Why didn't new attorney take over the case? Is he / she a real lawyer or a notario?
  3. There are 100 questions you need to study. There's 10 asked. Usually interviewer stops if you get 6 right. Questions like "We elect a President for how many years?"
  4. Yes, I agree, I tend to be on very cautious side when it comes to USCIS. I'm not saying I-131 will be denied because of leaving the US. It may get denied for some other reason. What I'm trying to say: pending or especially denied I-131 is not as convincing to CBP as approved petition. My understanding is, this presents a chance of getting NTA upon return. Only approved and valid I-131 "shields" LPR from getting NTA upon return, if I interpret it correctly. Everything else (pending, denied I-131) - up to CBP. If they have a bad day they could issue NTA since you don't have approval to be out for extended period of time. Somebody had a case not too long ago, and it's sad they never came back to give an update: Either way, I think I contributed as much as I could. Good luck to OP.
  5. If you're willing to take the risk and potentially deal with CBP / immigration court should it come to that, you're more than welcome.
  6. Just because USCIS says you can (on this outdated leaflet from 2013) doesn't mean you should. 1) What happens if your I-131 is denied while you're overseas? 2) How do you convince CBP you didn't abandon your residency if you were out for too long? The most solid proof to use for coming back after long absense would be presenting reentry permit. Receipt for I-131 is simply not the same. CBP doesn't know whether you'd be granted I-131 or not in the future. And while you don't have it, what makes them honor it? Legally, nothing (as far as I understand). I can see a possibility of getting NTA or I-407 upon return if you don't have I-131 approved. Not sure how common this is, but I'll research more...
  7. What I mean is all paperwork around K-1 including notices etc.
  8. She cannot withdraw K-1 petition since I-129F doesn't belong to her. I wouldn't attend that interview. I would collect evidence for that case when the time comes to go to CR-1 interview. She will have to explain everything then.
  9. Once you naturalize in the US (take oath) you can no longer leave or enter US on Reisepass. You must wait in the US to get US passport before leaving. You probably know it, but I'm reminding anybody else reading.
  10. Because you need to be available for biometrics, interview, oath and allocate time to get US passport once you naturalize.
  11. You don't have to submit current GC, only copy You don't have to submit current GC, only copy Rightfully so as you cannot travel with only NOA1. You need: - GC + I-90 OR - I-551 stamp in passport OR - Boarding foil To board a plane to the US.
  12. You don't have to submit the current GC until the very last moment of I-90 process. You submit copy with filing. And only return GC right when your I-90 is about to get approved, which can take months. By filing I-90 you're showing you made effort to correct error. You may naturalize before your would ever get I-90 approved. But you can show copy of I-90 receipt with your N-400 filing. Make sure you don't spend too much time outside the US as it can geopardize your US citizenship petition. Good luck!
  13. In theory, you're only supposed to leave the US for extended stay after I-131 is approved. Not after applying, not after biometrics. But after you have approval. This almost guarantees you won't have issues. USCIS cannot speak for CBP, and vice versa. So no wonder why USCIS cannot give definitive answer.
  14. To close the loop, looks like OP got their GC last week based on different thread: https://www.visajourney.com/forums/topic/821781-maintaining-e2-visa-after-approval-of-i-485/?do=findComment&comment=10983028
  15. Not by itself. You'll have to update trips list at the interview. Of course, if you barely have required physical presence and this trips makes it to below the mimimum, this may become an issue.
  16. I'd only do anything immigration wise (I-90, N-400) when you're ready to spend 6-9 months inside the US to complete the process.
  17. By the way, @Riaz k did you get your LPR status as an investor? Did you get conditional or permanent GC? If you got conditional, you'll have to remove conditions at some point: https://www.uscis.gov/i-829 Either way, if this how you got your GC (investments), make sure to research a lot before selling the company. This may affect your residency and / or naturalization.
  18. After getting approved for GC, you become a permanent resident. You cannot be a permanent resident and non resident alien at the same time. In my understanding, you lost your E2 status the moment you got GC. This includes any tax benefits, e.g. you're now a US tax resident. You may want to consult with an immigration lawyer, but you no longer have E2 in my understanding.
  19. Agreed with @milimelo. Provide pictures of both GCs. Ideally you should have filed I-90 the day you received 10 year GC with incorrect date on it.
  20. Legally USCIS has 120 days after the interview to give you decision. If you don't hear within that time range, you can sue USCIS for decision (Writ of Mandamus). Besides that, typically you'd get a decision within few days / weeks after the interview, unless you have a complicated case.
  21. It's up to you. Are you eligible for N-400? If yes, are you planning to apply?
  22. None of the new relationship evidence would be relevant since you divorced. The only evidence that matters is the one that spans your relationship while married. Also, if your ex is on good terms with you and she hasn't done already, she can write affidavit saying marriage waa bonafide. The statement would include detailed explanation how your relationship started, evolved and why you divorced. Then she would say in the statement she doesn't object you getting conditions removed.
  23. I agree with @powerpuff Wait for few days, even a week after filing window opens before sending the packet. If they reject it due to filing too early, it may take weeks and months to find that.
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