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Country: Slovakia
Timeline
Posted

Hi guys,

 

last week I decided to initiate my N-400. I had my condition removed 2 years ago and I'm going to request it on 5 year basis. I have a few questions regarding both forms.

 

I'm very confused when it comes to filing I-912 - the fee waiver as my situation is unique, if any of you have any advice/thoughts, it would be greatly appreciated.

 

My husband (born citizen) and I both changed our occupation to real estate agents and we did not have much luck making money, actually we made $0. I have a part time job at an office and I made $4900 last year, my husband made $0.

We live in a house owned by his grandparents. The house is split into two separate units. One is occupied by his mom, and we live in the other one. We don't pay any rent or utilities. His mom helps us by letting us use her debit/credit card to buy groceries, gas, and she pays our phone bill. That's why we want to file the fee waiver for being under 150% under the poverty line.

 

I have a question related to Part 5 of I-912 - Item #4 - would household size include just my husband and I? Also, would I claim to be the primary financial provider in our household? I checked that, then I added my husband on the second line, I also checked Yes on his line "Is any income earned by this person counted towards the household income?" although he made $0 last year. In Item 5 I put the amount I made last year from my tax return. Item 6 I put $0, and finally, in Item 7 Total additional income or Financial support I calculated how much approximately my mother in law provides for us (over $7,000/yr) and I checked box "Other" with a reference to attached letter where I explained our situation just like in my post right above. How would you go about this? Is this the right way? They ask for any kind of proof of the financial support, I guess in a case if you get regular money transfers/deposit, child support, etc. but we don't get anything like that. We just use her card and the grandparents take care of the bills, I don't even know how much they are as it's a joint bill for the whole house including her unit. I have no clue how to navigate this situation.

 

Regarding my N-400, what do you do with the work history dates? I have no clue when exactly I started working part-time for the one office I'm with now as it was always on/off, then I also worked full-time for a different company, I know I started working there late February 2014, but don't remember the exact date, what should I do then?

 

I also left the country in 2015 for exactly 333 days and the only proof I have is that I filed tax return that year, obviously with our living arrangement we didn't have any lease/mortgage. I had my bank account but I switched banks since so I no longer have any access to it.

 

I also had an old citation from 2013, can't find the yellow slip, but found a court date which I did not have to appear to because the case got thrown out and I got it expunged, of course I'm going to disclose everything I have, but is the original missing citation going to be a problem?

 

Thanks in advance...

Posted
44 minutes ago, IvanaJ said:

I also left the country in 2015 for exactly 333 days and the only proof I have is that I filed tax return that year, obviously with our living arrangement we didn't have any lease/mortgage. I had my bank account but I switched banks since so I no longer have any access to it.

Presumably your continuous residency was broken by this trip. Trips over 6 months are presumed to break this and trips of over a year do break it. Given that it was almost an entire year, I would expect an IO to consider it as broken unless there is very, very strong evidence otherwise.

See https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3.

 

As such, I would suggest filing under the 3 year rule, if eligible, or waiting until you would otherwise qualify under the 5 year rule.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Country: Slovakia
Timeline
Posted
17 minutes ago, geowrian said:

Presumably your continuous residency was broken by this trip. Trips over 6 months are presumed to break this and trips of over a year do break it. Given that it was almost an entire year, I would expect an IO to consider it as broken unless there is very, very strong evidence otherwise.

See https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3.

 

As such, I would suggest filing under the 3 year rule, if eligible, or waiting until you would otherwise qualify under the 5 year rule.

Thank you so much. I thought anything under 1 year was still ok. I might have to switch it to the 3 year marriage since it’s been 3 years since we came back from abroad.

Posted
8 hours ago, IvanaJ said:

Thank you so much. I thought anything under 1 year was still ok. I might have to switch it to the 3 year marriage since it’s been 3 years since we came back from abroad.

Under one year to keep a green card, but under 6 months to be presumed not breaking continuous residence for naturalization purposes. 

 
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