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Everything posted by Dashinka
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new rules for dual citizens?
Dashinka replied to steeeeve's topic in US Citizenship General Discussion
All you have to do is read the headlines on the DailyMail to get your daily fill of scary. -
new rules for dual citizens?
Dashinka replied to steeeeve's topic in US Citizenship General Discussion
Seems this would require some action by Congress which I doubt will come anytime soon. -
Yes, if the step-daughter has a valid GC, and is still a minor at the time the naturalizing spouse takes the oath, the child will automatically also gain citizenship. There is no need to file a separate N400 for the child if they are under 18. Here are the requirements for a child to gain citizenship when a parent naturalizes. The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization; The child is under 18 years of age; The child is a lawful permanent resident (LPR); and The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
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Is it ‘in addition’? I take it more as if someone is in removal and is eligible to file an AOS, and they are brought before an IJ, the fee is now $1500. If someone filed an I485 with USCIS that was denied, and then filed a new I485 due to an IJ decision, then it would be.in addition too. Regardless, being in removal status is much more expensive, so I would never recommend anyone pursues that path. To the OP file a COMPLETE I485 package ASAP once your brother returns and can sign an I864. You can get everything ready, and he can even get the tax transcripts to you assuming he is still in regular communication and has internet access. Once he returns, have him sign the co-sponsor I485, copy the complete package and send it in. Good Luck!
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Conflicted please help
Dashinka replied to Kitty350's topic in General Immigration-Related Discussion
I agree, do not file an I751 as this is a relatively common situation given the systems USCIS uses. Reminder letters often go out to those where it does not apply, and others do not receive a reminder letter where it does apply. If you file an I751, you are simply throwing away the filing fee as the 10yr GC is correct and you can prove that with your marriage certificate along with the endorsement in his passport upon entry. Pursuing a clarification with your congressperson or senator may help. You can also try the CIS Ombudsman. Good Luck! https://www.dhs.gov/cis-ombudsman -
Unique circumstances for DCF?
Dashinka replied to Beksberg's topic in Direct Consular Filing (DCF) General Discussion
If legitimate I would pursue it. My wife works in home healthcare and oftentimes family members are hired to take care of aging family members. Yes, I would have her estate lawyer look at the situation and see if it is possible. Good Luck! -
I have never really found it terribly inconvenient to fuel up. I fuel up my wife's car about once every 10 days and usually combine it with a grocery trip, so not a really big deal. With that I get to avoid dragging cords around, or re-wiring my house (only have a fully utilized 100A service). Sure, they have things like load shedders that I could deal with, but if I want my vehicle charging, I want it charging. Along with that, we love to road trip (just recently took a trip out to Utah), and sure it can be done with an EV, but why when it adds more time to the trip (we do not stop at restaurants, etc., only fuel and bathroom breaks and we bring our food with us). Additionally, I did not see a lot of charging options in the NP's we visited. I am fine with EVs for those that want them, they can be fun to drive, but all this talk that they are so superior to ICE options is ludicrous. EV's are just another transportation option.
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It is only my opinion, but with your story, I would think the most you would get is instructions to fill out an I131 for a re-entry permit if this were to happen again. All you can do is answer the CBP officer’s questions truthfully, you are not required to offer additional information unless asked for it, but I agree with @Mozillaman, I would take a copy of your grandfather’s death certificate to show you did return as soon as you could after his passing. Good Luck!
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Yes, since your current GC expired yesterday, I agree with that course of action. I would not pursue the SB-1. As other's have said, if a CBP officer suggests signing an I407 or any other form, do not. Hopefully you will receive nothing more than a scolding about filing for a re-entry permit in the future. Good Luck! P.S. My condolences on the loss of your grandfather.
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Russian passport with her maiden name, US GC with her married name, and she traveled between US and Russia (including layover stops in China) more than 10 times with that configuration re-entering the US multiple times using her Russian passport and US GC in different names (about a year of that including an extension letter). I agree, when she naturalized and got her US Passport in her married name it was easier since we could now book the tickets with her US passport instead of her Russian passport (except for domestic flights in Russia) and her Russian passport in her maiden name was used only for entering and leaving Russia although Russian border officers always demand to see both passports. Our original intention was to change all documents in Russia to her new married name, but after researching it, and looking at the time investment needed in country (1-6 months due to having to deal with everything tied to the national ID used in Russia a.k.a. Russian Domestic Passport). I would never discourage anyone from pursuing bringing all IDs to the same name, but I do want to point out that there are other options that aren't too bad when the bureaucracy of doing that is excessive.
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Honestly, not really a big deal as compared to the bureaucratic mish mash required to change one's name on documents in some countries. It is interesting, and of course anecdotal, but in over ten years of my wife traveling internationally with her Russian passport in one name, and her GC, and now US Passport in another name, not a single person (border guard, airline clerk, etc.) in any country has asked to see the marriage certificate.
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For my wife it was different as she came here on a K1, so we followed the AOS/I485 process. Certainly the I129F and the K1 were in her maiden names, but we filled out the I485 (and associated forms) using her new married name and that is how the GC was produced, and eventually her US passport when she naturalized via the N400 process. I believe the same can be done with the I130, and the marriage certificate provided with that form will function as the legal name change document, but what I don't know about is will the US consulate issue the eventual spousal visa in that name or require it to be issued with the name on your Canadian passport (others may know better). If the US consulate does issue the visa based on the name you put on the I130 (with your Canadian passport names listed in the "Other Names Used" section, then I would expect you can leave your Canadian documents as is similar to my wife with the only caveat being that you need to carry a copy of the marriage certificate with you when crossing the border. Good Luck!
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N-400 3 year rules by marriage
Dashinka replied to NataliV's topic in US Citizenship Case Filing and Progress Reports
That is where it gets sticky especially for someone that entered on a spousal visa. To utilize the 90 day early filing, you have to meet all aspects/requirements at the time of filing, but if one entered on a spousal visa, they are potentially short 90 or so days of living in a marital union with a USC for 3yrs minimum. This effectively negates the 90 day early filing for those that enter on a spousal visa whereas someone AOSing from a K1 or other NIV may still be able to use it. Not really a huge benefit for the K1 vs CR1/IR1 debate, but is a reality. -
Not sure if it is exactly the same thing. My wife chose to take my family name when we married. Additionally, she adopted her Russian patronymic name as her middle name even though Russians do not have what we consider a traditional middle name, and we did all of her immigration documents with that format. All of her U.S. based ID’s, DL, GC and now U.S. passport reflect that new name, but her Russian documents are still in her name at the time we married. Changing her name on those documents is a bureaucratic fuss, so she has left it as is, and she has had no issues when traveling back to Russia. She carries both passports, or previous to her naturalizing, her Russian passport and U.S. GC, along with a copy of our marriage certificate, and has had no issues so far. Over 11 years, no one has actually questioned anything, or required her to show the marriage certificate.
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You need to be more specific about the date the GC was issued. Since you mentioned the end of September 2023, you are clearly in the 90 day period for filing the I751, but as others have said, if the the GC is not expired, hop on a flight ASAP. If it has expired, file the I751 to get the extension letter, and do it soon. Good Luck!