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Everything posted by Paul Hanaki
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Just to say a number of countries waive the 6 month requirement and the USA does not require its citizens to have 6 months left. Here is a list where agreements are in place to wave the 6 month requirement and South Korea is on that list. https://www.cbp.gov/sites/default/files/assets/documents/2022-Mar/Six-Month Passport Validity Update 20220316.pdf
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One of my daughters received her certificate. We had to go to Louisville to pick it up in person. The other daughter who we applied first still hasn't received her's. I asked about her's while we were there but all they could tell me was it was still being adjudicated. We are almost at the 9 month mark for her so not nearly as long as yours. The processing time for Louisville is 6.5 months so not sure why her's is stuck.
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Some government jobs with certain security levels require the N-600. Someone has posted about that before. . Also your passport can't be expired to be used as identification. In certain cases even though the person had a passport they were ruled not to be citizens due to the passport being issued in error. I have not found any case that has happened with a N-600,
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N600- no green card yet
Paul Hanaki replied to 12twoone's topic in US Citizenship General Discussion
You just file an I-290B. That is a motion to re-open or reconsider your case.. Yes it costs about $700 but that is half as much if they allowed you to file a N600 again. -
N600- no green card yet
Paul Hanaki replied to 12twoone's topic in US Citizenship General Discussion
People misunderstand this all the time. You can only file an N-600 once but if it is denied you can file an appeal within 30 day or file a I-290B after 30 days. You can present all the evidence you didn't include in the N-600. It is not a one shot and you are done situation. -
You know it funny when you look at processing times for the N600 it ranges from 3.5 months in one city to 3 years in another city. That is a crazy difference in time. How fast you get your proof of citizenship should't depend on what city you live in. At the bare minimum it shouldn't be a 2 1/2 year difference.
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Listen to your attorney. You are paying your attorney money and you have a business relationship with them and if anything goes wrong you have a legal recourse. Listening to people on a forum of which you have no legal recourse and that offer you advice contrary to your attorney is not smart. Yes you or your attorney should put in a change of address. If you are having you immigration paperwork go to you instead of your attorney that will cause issues if you don't have the right address. If you don't have a good relationship with your soon to be ex they might throw away your paperwork you might receive there. The best thing you can do is try and maintain a good relationship with your ex or at least do not try to cause them any heartache or issues. . You don't want them trying to cause issues about your immigration.
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Sigh you missed the "and you filed a waiver request". That only pertains if you filed a waiver request. Another reason that the OP should not listen to anyone advising them to contact USCIS as their own attorney has given them the same advice I have. If you file a waiver request they will send you a RFE and you have 87 days to get a divorce and return the decree or you waiver will be denied. You are adding a headache you don't need and not required by USCIS. For the purpose of form 751 they only care if you are married at the time of approval not that you have a bad marriage or are getting divorced. They care only that you didn't enter into the marriage to commit fraud. Hopefully they have a good enough divorce that the spouse will attend the interview if it is not approved without one. If they are divorced prior to interview or approval then he adjusts the 751. Not sure how to make it more clear.
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Did you not even read the memo. It is an 87 day extension for people that file a 751 for a divorce waiver without a divorce. A final decree can take a month or it can take a year depending on the area. So after 87 days it is denied. Once again though USCIS does not want you to file a waiver without a final decree. If they did then they would state that in the instructions. If they are approved without an interview before a final decree then they get their 10 year green card. I am so confused as to why you think the filing of a divorce is the same thing as getting a divorce. Heck people change their mind all the time and she could withdraw the petition for divorce. if he is approved after the divorce is final and before.changing his 751 and requesting a waiver he should immediately contact USISC and put in the correct paperwork as that green card isn''t valid.
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I think you are mistaken in either your beliefs or what was actually written. Not writing to USCIS and telling them every detail that has changed in your life isn't fraud. Nor is anyone misrepresenting anything. Not sure why so many people believe that. The only requirement is if you actually get divorced that you notify USCIS immediately and change your 751 to file without a spouse and request a waiver. It is the same thing if your spouse is dying. You don't need to notify USCIS your spouse is dying. You have to contact them immediately after death to change your 751 to file without a spouse. It is only fraud or misrepresentation if you do not notify USCIS that your divorce is final or lie during your interview and make them think you are in a happy marriage. Once again not notifying USCIS about a pending divorce is the smart thing to do. It is paperwork they didn't request. They don't care if your marriage is on the rocks they care that your marriage was entered into without fraud. If you request a waiver before your divorce is final they will deny it. Once again I am glad this person has an attorney and is not listening to people who advice him to contact USCIS.
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N-600 Approval
Paul Hanaki replied to Imani's topic in Passports, etc. - What to do now that you are a US citizen
I think you are trolling now based on this and your other responses on a different subject. So I will quit responding to you. -
Yes specifically in the memo it says the waiver will be denied because they are not divorced. That memo is telling people do not file a waiver unless you are actually divorced as there is nothing USICS can do with it. There are only waivers for people that are divorced not people who have started divorce procedures. All you will do is cause them to send you an RFE asking for a decree you don't have. The best course of action is to wait for the divorce to be final and then immediately notify USCIS and request a waiver. It is amazing all the bad advice on this topic. Good thing the person has an attorney who instructed them correctly.
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N-600 Approval
Paul Hanaki replied to Imani's topic in Passports, etc. - What to do now that you are a US citizen
? there is no interview scheduled as the N600 has been approved. What they are going to is the oath ceremony. That can be rescheduled if they miss it. -
Did you even read that. Specifically they are saying don't request a waiver unless your divorce is final otherwise your waiver will be denied. They also say " USCIS may not deny a petition solely because the spouses are separated andlor have initiated divorce or annulment proceedings" It is against forum rules to say bad stuff about other members but please don't give bad advice to people when it appears you don't know the subject at all.
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From the USCIS instructions for form 751 Notice it says terminated. Filing for divorce doesn't terminate it. Only a final divorce decree does that.- If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status. However, you may file Form I-751 without your spouse if: You entered the marriage in good faith, but your spouse subsequently died; You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment; Well he would be wrong.
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Not sure how you are getting that information. There is zero requirement to notify the USCIS of any divorce being filed. So it would be great if they approved him before the divorce was final. Only if a divorce is final do you have to notify the USCIS that you are modifying your. 751 to ask for a divorce waiver. His attorney has stated the same thing.
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N-600 Approval
Paul Hanaki replied to Imani's topic in Passports, etc. - What to do now that you are a US citizen
The OP would not have to do anything as the N600 was not denied. It was approved. -
N-600 Approval
Paul Hanaki replied to Imani's topic in Passports, etc. - What to do now that you are a US citizen
That is extremely misleading. You can apply for the N-600 only once but if it is denied you can file motion to reopen or reconsider on Form I-290B it with new evidence. It is not a one and done thing. You can also file an appeal if within 30 days of denial. -
Yes do not file anything with USCIS until you are actually divorced. A divorce waiver is only for people who are actually divorced. Anything can happen up until you get the actual decree. She could change her mind, you. could get approved before the divorce date. Once you are actually divorced and you are not approved at that time then file a change of circumstance with USCIC noting the divorce. In the mean time start collecting every and all information related to the marriage to prove it was valid. You can bring those to your interview.