manyfudge

Why would he need to move to Germany? Is there a hard requirement that both live in the same country? 1) get married - wherever, 2) she files i130 Frankfurt with US job offer 3) joint sponsor

US job offer.

Google DCF. Fastest would be if she got a job offer in the US - get married and file i130 directly with embassy in stockholm (they handle all Scandinavian immigrant visas). Line up a joint financial sponsor.

The sticker alone is not dispositive. If you google this, it says all over the internet that an advisory opinion may be needed. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/advisory-opinions.html

No way to do that. Any income generated will be taxable in the US. Can just reduce to zero income by taking mortgage instead of trying to own a foreign LLC - which then still has to pay OP. Once any $ crosses over as income, it becomes taxable even if there is a way to create a foreign LLC that is not of taxable interest to US.

I own UK property that was used as a rental. It’s not relevant to me how the UK treats rental as I am not UK tax resident. My UK property is treated the same as if it were in the US.

No need to set up LLC. You need to figure out how to depreciate properly. Might be easier to take out a loan and pay off with rental income. Then use loan proceeds to invest. Treasury ladders yielding 5 %.

@zonga85, then I would try N600k.

Yes. As @Boiler notes, arrive on TN visa. File i130 picking consular processing.

May be disadvantageous if OP is biologically over 21 in some circuits. This is complicated. Say OP is 22 and CSPA age is under 21/F2A/date is current. OP’s parent naturalizes - and then OP’s priority date as an F1 is NOT current.

You already have a U.S. passport for the kid. When are you moving back?

This is complicated. Depends on circuit. ”Scenario #4. What happens if the unmarried child of an LPR is over 21 using his or her biological age but under 21 using adjusted age on the date the petitioner naturalizes. The child cannot opt out of conversion from the F-2A category to the F-1, according to the BIA. So, the majority of children in this situation convert to the F-1 category. The July 2023 Visa Bulletin shows the F-1 backlogged about six years farther than F-2A using Chart A. Pity the practitioner who has to inform the family of this new development after representing the petitioner in the naturalization process.” “But can’t the child argue that it is their adjusted age — not their biological age — on the date of naturalization that controls, and therefore they convert to the immediate relative category? That was successful in two federal court challenges. Tovar v. Sessions, 882 F.3d 895 (9th Cir. 2018) and Cuthill v. Blinken, 990 F.3d 272 (2d Cir. 2021). So, while the child in the F-2A category who is over 21 using biological age (under 21 using adjusted age) cannot opt out of automatic conversion to F-1, that child doesn’t have to opt out because he or she converts automatically from F-2A to immediate relative when the petitioner naturalizes.” https://www.cliniclegal.org/resources/current-status-child-status-protection-act-calculating-adjusted-age-age-confusion

N600k is not appropriate. Where do you live now?

Not true, depends on circuit.

Yes. The most important thing is that your parent must NOT become a U.S. citizen. You may lose your original priority date if he or she becomes a citizen. It is not clear if it’s your ORIGINAL petition that is being worked on. Your parent can certainly contact congressperson but again, lawyer up. That is your best bet.

The department of state does not need to justify its previous finding to you or in a court of law. So, why on earth would they bother defending themselves to you? Your new evidence will go into the trash. If you have a reputable lawyer help you, maybe they will consider your new filing. And maybe you will keep your priority date and maybe your category. Happy Christmas!

Your wife’s category is simply not current. When can you naturalize?

He likely kept the priority date. Spend the $$$ on a lawyer. Hacking. Schusterman. No consulate is going to admit they were wrong until you hire a great lawyer.

Another thing to consider. Do the twins have a father they can live with? Have they just turned 14? Fill out the i130 and i130a ASAP for mother in law. Keep a copy of every page. Select consular processing and leave the adjustment of status blank. When mother in law gets here, she should file i130s for each child ASAP. She should stay in the US, making sure to hit the 5 year period for naturalization as soon as she can. If there is a possibility of become a citizen BEFORE the twins turn 21, she should take it. There is no quota for children of USC if the case is filed before they are 21. If she cannot make that deadline, it is better to stay LPR in some states. If she marries a U.S. citizen before the twins are 18, the stepfather can file for them before they are 21. Just in case something happens to her, yes, your wife should also file for sibs now.

Well, I would: 1) get married ASAP as it seems you are compatible having lived together for 5.5 months. 2) you go down to Mexico to visit over the next year, after filing i130 (pick consular processing). 3) once i130 has been approved and the visa forwarded to NVC, maybe have her visit, 4) emails, meetings are totally fine while on B1/2 visa. For example, non-European citizen executive from bank in London visiting office in NY. Or emailing while in the Hamptons. Working 100% remotely for 5.5 months is not allowed on a B1/B2 visa.

Is this because of the unvested equity package? If so, the simplest way would be to fly to US and get passport stamped. Have the green card mailed to someone in the US and send by Fedex/UPS to London. When he is able to stay for 2 months (within the year), come back and apply for re-entry permit, wait for biometrics, leave again. Keep doing that and filing US tax returns.

I found the case. Impressive self-advocacy. https://casetext.com/case/njuguna-v-staiger - he does have an LLB and LLM. Not an amateur. B sounds much older than he really is.

Benfon was outstanding.

Are you sure your children are not US citizens already?

Which episode?