US Immigration from Poland

Hi everyone,

First of all, Happy Friday! Since my situation involves GC extension (removing CR1 condition), I thought this will be a good place to post it.

We are planning vacations in Mexico later this year but in the meantime: 1) My Polish passport (where I have my CR1 stamp) will expire, 2) My 2 year Conditional Green Card will expire and I will apply to remove the condition.

My understanding is that upon applying to remove the condition, a receipt is sent which serves as a 1 year (or similar) extension of the green card.

Question: Since I have a dual citizenship (Polish and Irish), will I be able to travel on my Irish passport (since the Polish one will be expired) and return back to the US with the Irish passport and GC + extension? In short, does it matter which passport has the initial I-551 stamp and if I can travel on another passport + GC (+ extension).

Perhaps some has had a similar experience - I will appreciate any information

Hi Guys,

My interview was Schedule on May 25 and everything went well, Officer said that you will get your CPR on your address when he will approve. My status is still showing Interview was Schedule and haven`t updated yet. Anyone else having having same thing going on ?

Hello,

Can someone please tell me if they ask for any extra proof of vaccinations on the interview to remove conditions?

I am about to go to the interview so I started watching these videos and one lawyer says that green card applicants have to be fully vaccinated against covid-19 is that true?

Thank you for your help.

My wife and I were married back in October 2019 on a K1 visa. We filed for our AOS that month and finally had our interview last week (2.5 years after marriage). She received her Green Card today and it expires in 2 years. I thought that since we were married for more than 2 years at the time of her AOS that she would have received her 10 year green card. Was this an error by USCIS?

This may be a bit of a technical matter but here are the facts:

• Married couple; both husband and wife were Polish citizens during the year 202X
• Both husband and wife lived a majority of the year 202X in the U.S.
• Both husband and wife applied for an adjustment of status during the year 202X; application was still pending and unprocessed by USCIS as of December 31, 202X (but notification of filing was issued during the year 202X)
• Both husband and wife met the substantial presence test during the year 202X and would normally be required to file Forms 1040 as U.S. tax residents for the year 202X
• However, their circumstances during 202X were such that, under the Article 4 tie-breaker rules of the US-Poland income tax treaty, both husband and wife were still deemed to be tax residents of Poland, not the U.S. for the year 202X

The above being so, the questions are:

1. Has anyone with similar circumstances taken a treaty-based return position by filing Form 8833 "Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b)" to file taxes in the U.S. as a nonresident (i.e. Form 1040-NR) during the year their adjustment of status application was still in-process?
2. If so, was the nonresident alien return and the treaty-based return position accepted or rejected by the IRS?
3. Did filing in the U.S. as nonresident aliens using that treaty-based return position prejudice their application for an adjustment of status or otherwise negatively impact the outcome of same?
4. Is anyone aware of a prohibition in U.S. tax or immigration laws, regulations, or other authorities against taking a treaty-based return position to be treated as a nonresident alien for U.S. tax purposes while their application for an adjustment of status is still in-process?

Thank you anyone for any advice and input you may have on this matter.