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SansTortoise

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  1. A general rule of thumb for anything semi-official is use PDF. There will almost never be file issues on an upload website with PDFs.
  2. Depends on mix of federal and state laws for who will be included. My advice would be to go to a local legal aid clinic and talk with a local attorney who is probably familiar with the requirements. For my state, spouses are counted even if MFS on taxes and not living together. Other laws might be different. Local advice is needed. This might be a case where it makes sense to do a K-1 for non-immigrantion reasons since that would exclude OP from the household until he at least moves here. But I’d reiterate to talk to a local legal aid attorney so you get a better answer.
  3. Cool, thanks. He’s visiting and we’re close to a consulate so just going to have the consulate do it while he’s here since it’s easier than getting it done by the issuing agency. Just wasn’t clear as to if it was bio page or everything.
  4. Called the IRS and asked several tax CPA friends who didn’t know the answer to this — for a certified passport copy when applying for an ITIN, does the IRS want every page certified or just the biographic details? Called the IRS help line and the response was “the form instructions don’t say.”
  5. Travel to Cuba is a reason to deny an ESTA application, not a visa. Mongolia isn’t a VWP country so not applicable to you. Visiting Cuba for family reasons is allowed for US citizens: https://cu.usembassy.gov/services/traveling-to-cuba/ Don’t see why it’d cause a problem.
  6. Good point. If the physical card arrives it’s a less urgent item, but getting it stamped is a positive regardless.
  7. Yeah, it doesn’t work like that even if your local immigration officer is lazy. If the actual green card doesn’t arrive Tuesday call your local CBP office and ask for an appointment to get it stamped.
  8. I’m not sure why you think this would be an issue. Probably happens thousands of times a day in lawyers offices around the U.S. for items related and unrelated to immigration.
  9. Link to CBP’s I-94 website: https://i94.cbp.dhs.gov/I94/#/home
  10. She can pull the log of every entry and exit from the U.S. on her passport from CBPs website. That’ll give you coverage from her end. You’d need to send in a FOIA request to CBP for the equivalent on your U.S. passport. Probably worth doing in case you get an RFE, but I wouldn’t wait 10 months for their response.
  11. Yeah, that’s fair. It doesn’t hurt, but I’d definitely want to include items that show you were physically here as well. If they’re easily accessible always best to include the stronger evidence.
  12. University or other school transcripts usually are the easiest. University transcript (if you went to a 4 year school) plus a letter from your employer stating you’ve been working for the company for X years while physically in Y location should be sufficient. If you’ve been working for the same employer 5 years or more that’s probably enough — can include a sampling of paystubs as well. High school transcripts are even stronger proof than university since there aren’t all that many international virtual U.S. high schools. I’d stay away from tax returns, voter registrations, etc. you can be registered to vote and file taxes with a US mailing address not in the U.S. (plenty do.) It’s hard to be physically enrolled to attend a U.S. university or high school virtually. Same with work: your employer saying they’ve seen you regularly for 5 years within the U.S. is pretty hard to question. Other things you can include are: rental agreements, utility bills, paystubs, etc. Basically any of the “daily life” things your local DMV will count as proof of residency for a Real ID purposes will help.
  13. Born in wedlock to a U.S. citizen and alien: “For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.” (From the link above) So long as you meet those requirements the child is a U.S. citizen and you can request a CRBA.
  14. If he has a firm job offer you could potentially use direct consular filing, which is faster. Otherwise, it’s around a 2 year wait.
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