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SusieQQQ

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Everything posted by SusieQQQ

  1. I already said it’s not necessary. Long debates about this before here about whether it’s desirable to do. bottom line is USCIS officially is final arbiter of who is a citizen and the certificate of citizenship never expires. Chances of people actually having problems if they keep passports up to date and look after them seems to be small, and reports of people having passports taken away after DoS deemed to have made an error in issuing them are extremely rare (I have seen exactly one that I remember) and as Mike said if you let passport expire, parent dies etc sometimes finding all the info again to renew is hard.This, is something I have seen a few posts about, where people know they are citizens because their parents naturalized but can’t find the proof anymore.Possible issues if your kid ever wants to sponsor someone else even if they never travel . CoC is on record at uscis forever. TL;DR: for risk averse people like me, it’s a small price to pay to know your kid will never have their citizenship questioned even long after you are gone
  2. I did not presume to know all OP’s travel details and what would be faster, I was pointing out there that they understood they could not apply under 3 year rule till 2023, which for some reason so many responses here overlooked.
  3. I sympathize, but details matter for N400. We have indeed seen people here thinking just the 5 years is enough and get a nasty surprise in their interview. (This is one reason I like online filing for n400, it warns you if it looks like you may not meet the requirements.)
  4. Read OP’s first post again. They understand this, which is why they mentioned applying in 2023 if doing 3 year rule
  5. So probably what happened then, is that the receipt notice was generated before the address was updated in their files. Anyway you should get newer notices at the new address if that’s the case. Remember if you move again you should file change of address within 10 days.
  6. Senators office can push uscis to get it resolved when they’re not doing it themselves. Many people here, myself included, have had help from senators with uscis. You talk about discovery “at this stage” being beneficial. If you read OP’s post the discovery already happened when they did ROC.
  7. 1,2. No, it doesn’t count. You are required to file AR11 within 10 days of changing your address, every time you do so until you become a citizen. That is the only official record of a changed address that uscis considers. You can do it online here https://egov.uscis.gov/coa/displayCOAForm.do it will ask if you have any current pending petitions, and will link that with the change of address. 3. No idea, then.
  8. 1 and 2, sounds like you haven’t filed AR11 change of address so uscis still has your old address? (The c/o X’s name is what is used for green card mailing). When did you move and did you file AR11? Just updating your address in myuscis doesn’t actually change it in uscis systems. 3 NMN means no middle name. Is that accurate, or do you have a middle name?
  9. That’s annoying. Senator is probably your best bet to move this along tbh given that uscis doesn’t seem to have been able to figure it out over the past however many years.
  10. So, do 3 years once you are eligible to file under that seems obvious.
  11. There’s actually a weird thing that if you file an N600, a child 14 or over is asked to come into the uscis office to say the oath of allegiance before they get their certificate. N600 is not required so those who only ever get a passport never do it, and as an N600 is only proof of already being a citizen (not an application for citizenship) I don’t really understand why it’s done, but it is 🤷‍♀️ children over 18 have to do the entire process themselves. Indeed nothing like CSPA for this. My older child aged out. And even when you know they’re not going to make it under yours… they cannot file on their own until their 18th birthday.
  12. From someone who’s actually done this : Its under 18. The kid’s birth certificate (and your marriage certificate etc) that you include are for your case, and your case only, not your kid’s. You’ll just confuse the issue if you add stuff not asked for. Your N400 is for you and you alone. Your kid will actually not naturalize- they automatically acquire citizenship. There is a difference in this , and this is why the kid is not in any way “included” on your n400. Once you take your oath, your under-18 kid (who has been an LPR and is in your legal and physical custody) automatically becomes a citizen under INA320. You will subsequently apply for a passport (and maybe an n600, should you want, it’s not required), and that is when you show proof your child has become a citizen. All the stuff you need to show for that is listed in the passport instructions. I found it easier to apply for my and my child’s passport at the same time because part of what they need is proof of parent’s citizenship so there is overlap in the document requirements.
  13. Yeah, just remember they’re not trying to catch you out. People make mistakes and especially when there is such a long time between filing and interview for some offices, things change. Also when I did it, some things looked blank on the e-copy I had but the interviewer had the copy with the correct answers. In the interview you’ll just correct/update as necessary, and they’ll show you the corrections and you sign them. Not an issue. You’ll be fine
  14. Don’t. You could wait for months more. Just decline an offer of same day oath IF they even offer that to you . Then you keep both your passport and green card. Ask them to schedule you a regular ceremony and ask if they can do it for when you are back. I’m assuming you don’t plan to be out for months on end of course. When you take your oath you fill in a form for updates between interview and oath, where you’ll list your trip out the US. Simple.
  15. Second thread I’ve read in this forum today and second one to have this misinformation. You do not have to be married to the same USC who sponsored you for a green card. You just have to have been married to the same (ie one, not consecutive lol) USC for 3 years and have had a green card that entire 3 years. I personally know someone who got their green card through DV lottery while already having a USC spouse and naturalized through the 3 year rule. Here is the relevant chapter from the uscis manual https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 - nowhere does it mention that you must have got the green card through marriage much less through marriage to the same person you’re basing the 3 year rule on. (Also to be nit picky, “anyone” having had a green card for 5 years is not automatically eligible, as they have to meet the requirements for physical presence and continuous residence to be eligible..)
  16. Gee, there’s a lot of confusion in this thread. A lot of people seem to have missed that you said initially you’d only apply next year if you apply under 3-year rule and are basing incorrect responses on having missed that. So this is the situation: When you submit your N400, you choose on the form whether to apply under 3-year rule or 5-year rule. If you can qualify for either, you choose which one you want to apply under. The only caveat is to be sure you meet the requirements of what you apply under, because you can’t change it during the process or in interview. For 3 years remember the marital union requirement applies as at filing, but you need to remain married all the way until you take your oath. (And it’s totally untrue that you need to have been married all the way to same person to apply under 3 year, and not that it applies to you but as some others have said you can totally apply under 3 year even if you got your green card through a different means.) now to what you maybe don’t seem to understand fully: No matter which rule you apply under, they will review the manner in which you got your green card and your history as an LPR. So if you apply under 3 year rule, as others have said they’ll “look” at your longer travel history, though honestly that’s irrelevant as long as you qualify on presence /continuous residence on the 3 year rule. If you apply under 5 year rule, they will still look back over the marriage to see if it was genuine, but the burden of proof of that marriage is less than the 3 year rule which requires marital union etc. so yeah you’ll probably get questions on it but from what you’ve posted here that shouldn’t be an issue. So, imo you should just apply for whatever will make sense to do first - if your past 5 years at this stage meets the requirement then you might as well file now under 5 years. If they don’t, and you’ll be able to apply faster if you wait under 3 year rule and apply next year, then do that.
  17. Honestly, I have no idea. You’d need to find out from the embassy. I assume you would not be held at fault if you were a minor, but only they can tell you for sure what your status is.
  18. I think you may be confusing two different issues : 1) processing time is the time taken by the service center to process an i130, before the case is moved to NVC. They usually try to set this so that the petition is approved a little while (maybe year or two) before the priority date becomes current. 2) the visa bulletin shows you when the priority date becomes current. This is the date (table 1) that a visa number is actually available for the petition. By law, the US cannot issue a visa for a category before a visa number is available. This means that you cannot expedite the petition until the priority date is listed in the visa bulletin in table 1. At that stage, when a visa is available, you can then apply to expedite the rest of the process (NVC process/fast track interview at embassy). see also this related FAQ from the DoS website: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp7 I have been waiting for a very long time for my relative to get an immigrant visa. Now there is a family emergency and I need my relative to immigrate soon to the U.S. Can NVC help me? If a visa is available for your relative’s category, and their case involves a life or death medical emergency, processing of your case may be expedited. To request a review for expedite, please submit a scanned letter (or statement) to NVCExpedite@state.gov from a physician (or medical facility). The letter must include the physician’s (or medical facility’s) contact information, and declare a life or death medical emergency exists. Please make sure to include your case or receipt number on the subject line along with at least one of the of the following: - Petitioner’s name and date of birth - Beneficiary’s name and date of birth - Invoice ID number If a visa is not available, unfortunately there is nothing that NVC can do to expedite the petition. Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable.
  19. Material misrepresentation can be a permanent ban. So it depends on how it was recorded - as to whether it was you doing the misrepresentation or your father. Being selected in DV does not overcome general immigrant visa ineligibilities or inadmissibilities. Right there in the instructions too: https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2024-Instructions-Translations/DV-2024-Instructions.pdf INELIGIBILITIES 34. As a DV applicant, can I receive a waiver of any grounds of visa ineligibility? Does my waiver application receive any special processing? DV applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act (INA). There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the INA, nor is there special processing for waiver requests. Some general waiver provisions for people with close relatives who are U.S. citizens or Lawful Permanent Resident aliens may be available to DV applicants in some cases, but the time constraints in the DV program may make it difficult for applicants to benefit from such provisions.
  20. This, parent will have to refile and start from beginning. Been there done that.
  21. Massive backlogs in cases that built up during covid. Embassies were closed and when they reopened, priority was given to IR cases. There was some movement ahead in the visa bulletin in F- cases during the pandemic which in my understanding was mainly to allow AOS cases to proceed, as they weren’t doing much if anything at the consulates at the time. There is no point in them moving the priority dates now if they have no capacity to take on more interviews at this stage. Some people are still waiting more than a year for interviews after current + DQ. Once the backlogs start clearing they can start moving along again. Unfortunately, aging out is a risk in this process. If the derivative is already aging out on CSPA basis then he is over 21 and an adult and can take care of himself a while. Presumably once the parents get their own green cards they’ll file F2B petition, it will take time but derivative can certainly get there in the end. PS fiscal year change only restarts the VB movement if the issue was quotas filled for the year. My understanding is that the problem is not the quotas but capacity at the embassies to deal with the backlogs.
  22. This would normally be a J visa I believe. It needs to be sponsored by the employer or organization hosting you /employing you. More information here https://j1visa.state.gov/basics/
  23. Fabulous. Well done on being proactive.
  24. The only reason it doesn’t make sense is the timing, if you applied for the spouse petition a year ago Here are reasons it would make sense in a number of situations: - the timing for getting a green card might be similar - no i864 is required - so USC is not on the hook for anything. If immigrant needs financial support to get the visa the one for DV is I134, which is not legally binding on USC - the proof of eligibility for DV is much easier: meet education requirement, no criminal record, no public charge. Do not need piles of proof that marriage is bona fide - if marriage less than 2 years old at entry (doesn’t sound like this would be a factor for you) then the incoming spouse and couple benefit from spouse getting unconditional green card immediately/not having to do removal of conditions - the DV process as a whole is much cheaper, but as you’ve already started the spouse petition some of those are sunk costs anyway putting this out there for others who might be doing a search even if you feel it doesn’t apply to your situation. tbh if I were the spouse I’d submit an entry anyway, it costs nothing other than a bit of time. Chances of being selected are tiny obviously but there is only potential upside if she is
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