jamesuk113

1 minute ago, Help_us said:

Very funny!

 

You never know what excuse USCIS will use to send back the application!

It really feels like that doesn't it. Believe me, I have sunk hundreds of hours into researching similarly trivial things.

Recall that many will go through this process as non English speakers. The quality of your written responses will be well above average by that fact alone.

It's therapeutic to read the denials posts. You'll see that almost all are for fundamental errors and very few are for the minor things that you and I lose sleep over.

I just separated them by commas.

If I get denied for punctuation though I'll let you know. Maybe you should go with a semicolon so at least one of us gets through 😉

I'm just playing, commas will be fine.

Hi geowrain, good point. Most posts are framed in the context of confusion at the denial only for a fundamental error or misunderstanding to later come to light.

In almost all denials I've studied it would have been very easy to know at the time of filing that a denial was coming.

I've done my homework and I know I'm eligible, but the weakest point in my application is the proof of martial union due to lots of moves and long periods living together at her parents with no lease or utilities.

I'm relived to know I can simply reapply at GC+5 years. It's worth the risk to get in two years earlier.

Thanks for all your help! :)

Thanks geowrain,

That was my assumption. I see "once you qualify" used a lot online, but it gives me a nagging doubt that people don't simply say "straight away", given that I would already qualify at the initial refusal. (I suppose this isn't always a given however).

Hi everyone,

Is there a waiting period if an N-400 is refused solely on the basis of insufficient evidence to prove eligibility for consideration under the three year rule (e.g. I fail to satisfy the IO that my wife and I have been living together OR I fail to satisfy the IO that I have been stateside for >50% of the three years).

(For purposes of this question, ignore all other standard grounds for refusal that also apply to 5 year e.g. misrepresentation / adverse criminal history / incorrect eligibility dates / physical presence etc).

My assumption is that if I am refused at GreenCard+3 years, I can apply again at GreenCard+5 years with no restrictions. (As opposed to, refused at GreenCard+3 years, re-eligible to apply no earlier than Denial+5 years).

What I fear is being handed a refusal on my three year application and being told I now have to reset the clock and wait another three or five years.

Thank you

Thanks for everyone's advice! I will be up front with this information as I planned, and prepare robust answers and evidence to any questions I can anticipate.

The interview won't be for while, but I will report back when the time comes.

Hi NikLR,

Thanks very much for the clarification and advise. In the context of your answer, hopefully the fact we are now fully living together and have increased joint liabilities over the last month with a new joint lease and utilities should help (going the the right direction).

Hi JFH congrats on the house purchase! I'm very jealous. Hopefully this year, we'll see. I would just love to get this citizenship secured so I can start working in my target career. (I do FE simulation so everything requires citizenship).

Financial reasons is underrated with regards to "involuntary", sure we can blow our deposit on living together every second, but what quality of life if we've put off kids and everything else for short term gain? My wife and I have made huge sacrifices for our mutual goals and I hope that's appreciated at interview. Everything I do is for her even if it means spending time apart (which I hate). 

Hi JFH, thanks for the quick reply!

Yes she did have a month to month lease but it was a very informal arrangement (the landlord didn't even cash the deposit check).

Despite the lease, she never received any mail at the address. I doubt there is any official record of her ever having been there.

I hope the few months passes quick! Living apart sucks!

Let me preface by saying we are not / have never been separated or had any kind of marital difficulties worth considering separation.

We were living with my wife's parents (hereafter, 'home') to save money and then my wife got a new job in Fresno about 80 miles away. Rather than us both move there (~$1200 / month) she just rented a single bedroom in a house with one other elderly female resident ($500 / month).

She would come home often and spend most of her free time with me, but my question is - does this count as separation in the eyes of an Immigration Officer?

Detail:

• My wife would work 7 days on and 7 days off, travelling back home to be with me on the off days. (On the first day she would arrive at work from home, and the last day leave work and come straight home),
• I would spend 100% of the time at home, she would spend 50% at home,
• I was only allowed to visit her but not move in (female-only house),
• This arrangement continued for 8.5 months,
• We only planned to do this for a few months so set up a monthly rental agreement, but I've really struggled to find work Fresno,
• Throughout the whole time, everything remained joint and registered to home (two credit cards, car insurance, car titles, health insurance), she also kept all her stuff at home (only took a travel bag for the week) and our pets,
• I was working from home during this time, so we were not forced to have this arrangement. We chose to because we are very aggressively saving for a deposit,
• We couldn't stand being apart anymore, so moved to our current address where we have been living together for 6 weeks,
• Our marriage is and always has been rock solid.

Red flags:

• Only my wife was employed, so why didn't we spend a little more and get an apartment together in Fresno? (over $4,000 saved towards a deposit would be my answer).

Mitigating circumstances:

• If separated, why would I live with my spouse's parents, and she move away?
• 50% of nights spent together at home, ~100% of "free-time" spent together (time when she was not working or sleeping).

CFR §319.1   Persons living in marital union with United States citizen spouse. Section (C) on "Involuntary separation"

An Immigration Officer may have to resort to this clause to recommend my application, but what is commonly understood as "Involuntary"? If not leaving a job that moves you to another state is "involuntary" then is spending 50% of time apart "involuntary" if it's the only way to achieve a long and sincerely held common goal of saving for a deposit?

Other information

• I have adverse travel history. Over the past 3 years, I have spent 375 total days outside the U.S. (for finishing my PhD which I started abroad before marriage). I have not broken the continuous residence or physical presence requirements, but I worry about the picture this paints having spent just over a third of my marriage away from my wife. I posted about this here, and received mostly positive answers.
• A refusal would be a pain for my career ambitions (defense), but a finding of poor moral character (e.g. trying to conceal this) would be catastrophic. The online form does not ask for this information , but I feel compelled to declare it. I would infinitely rather get refused until 5 years than barred permanently.

I think I will file and declare regardless of the feedback here, but I would really appreciate others opinions on the challenges this might create. Thanks to everyone that made it through the wall of text!

On 4/27/2019 at 4:36 PM, br9k said:

selective service website even conveniently provides a standard form letter to print out and bring to the USCIS.

Here is the link to the letter for anyone interested:

https://www.sss.gov/LinkClick.aspx?fileticket=0Ky-rgZai_Y%3d&portalid=0

Broader information can be found here:

https://www.sss.gov/Home/Men-26-and-OLDER

@Going through, thank you for the encouragement and advice. I haven't seen my concern (ties outside the US) codified anywhere, and was hoping / working on assumptions similar to your reply - that the physical presence test is the primary factor.

24 minutes ago, Going through said:

I don't see it being an issue for the N400, unless you actually took steps to set up residency abroad.

There is no danger of that, I do not / have not owned property / vehicles, had jobs etc outside of the US throughout the 3 years. Ties to the U.S. are strong.

@Wuozopo, I am going through the online process, "About You > School and employment" which deals with the same questions on Part 8 of the paper version of the N400. Unfortunately there is no option to annotate the description, the 'Occupation' field is fixed as 'Student'. I will prepare an information sheet for the interview that lists the dates and descriptions of phases. Since I can't change the description, I think it appears more accurate to list the programme in one part, rather than two.

It's interesting you mention the 3/5 year thing, as when it asks about trips abroad, it asks for the last five years even though I am applying under the three year rule. I assume it just wants trips outside as a US Permanent Resident (but I really hate making assumptions on these forms).

Thank you both for your time and quick replies!

Hi Everyone,

I'm preparing my N400 under the 3-year rule but I'm really struggling to find an answer for my unusual circumstances.

I started a PhD in the UK before moving to the US, I got a fair chunk of it done there, but after moving I switched to part-time / writing up (for which you don't need to be in attendance).

Technically I have been registered at this University for most the three years of my US permanent residency. I've done the vast majority of the work in the US (luckily it's all research and programming), but occasionally I've made trips back to the UK to meet with supervisors and carry out assessments and experiments.

In total I have spent 10 months of the last three years in the UK, with no trip lasting longer than 6 months.

On the form this looks terrible, since the field entry makes it look like I've been enrolled full time in a foreign institution.

Obviously I will get questions about this at interview, but is this issue surmountable? Entry and exit records will prove I have been resident stateside for the majority of this period, but am I likely to be denied under some kind of foreign ties thing? 

You're only meant to put it down on a separate form if you're asserting dual status.

Let's work it through, the link above says,

Quote

You are a dual status alien when you have been both a U.S. resident alien and a nonresident alien in the same tax year.

Ok fair enough, this seems like Mykonos situation, s/he was not in the US at the start of the year and was in the US at the end. But lets check to make sure.

What is a "resident alien"? See Determining Alien Tax Status. 

Quote

you are considered a nonresident alien unless you meet one of two tests. You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31).

Mykonos didn't have a green card on Jan 1, but does s/he meet the substantial presence test?

By the end of the tax year, Mykonos was present for 31 days during 2016 plus a further 183 in 2016, therefore Mykonos is considered resident for tax purposes for the entire of 2016.

As a resident alien for the entire of 2016, s/he will have to pay tax on (or at least declare) the 3K earned in Canada at the start of 2016.

Quote

If you are a U.S. resident alien, you must report all ... income on your U.S. tax return. You must report these amounts whether they are earned within or outside the United States.

Whilst we're here, to ANYONE reading this, do not forget to file your FBAR. The penalty risk is so great that they really should warn you about this with a dedicated letter or something.

Working through my taxes now (with a very similar timeline to you).

You did not attach a statement electing to be treated as a resident alien for tax purposes for the entire year (although this was an option)

However, you do meet the substantial presence test for 2016, and therefore you are a resident for tax purposes for the entire year. I believe your 3K should have been declared on line 7. (Use this page to determine the USD amount)

As far as I can tell, this means you are not dual status for tax purposes (you weren't earning at the start of 2016 and you're not claiming any treaty exemptions anyway, so I don't know why you would want to be considered as such)

You may have to amend, what does that involve? Is it free? 

Don't take my word for this, I started researching US tax tonight.

@Nich-Nick, ah man! So lucky, we're very jealous! Probably because we listed a co-sponsor

We're K1's as well, yes we have some pictures from the wedding day, here's one of us and our beautiful baby girl (sorry, couldn't resist)

https://imgur.com/V9Ce7OM

Hi everyone,

We just received our AOS interview letter and we're a little concerned.

I had my biometrics last week and the interview is dated for 27 May (a lot sooner than I expected)! So we have two problems,

1. My USC wife sent her passport off just last week to get the name updated, current processing times for the passport are about 6 weeks so we're not expecting that back before the interview. This is a problem because;

a) the invite letter asked us to bring originals of all evidence submitted in the AOS pack (in which we included a copy of her passport), and

b) the invite letter asks for the USC birth certificate AND proof of USC status (so is the birth certificate not enough?), and

c) stamps in her passport (including a denial stamp from the UK) are missing vital evidence to support our commitment to the relationship.

2. We lack a lot of the evidence requested for proving a bona fide relationship, such as;

• we live in her parents house - so no rental agreements or mortgages, and
• her parents (very generously) pay all the bills - so no bills in our name, and
• I haven't got my EAD yet - so I can't get a DL, and therefore can't get on her car insurance, and
• we can't get a joint account, and
• only my parents and her parents attended the court wedding & we did not exchange rings (we are planning to have a more substantial 'wedding' when we can afford it with both sides of the family, in which we will exchange rings), and
• zero birthday, Christmas, valentines day cards (we're both kind of logical anti-tat types, two Spocks... it works).

The evidence we do have is as follows;

• three years of Skype chats, and
• 10 or so months (accross three years) of pictures from living here & in England and touring the USA and Europe, and
• plane tickets that evidence her 2 trips to the UK and my 4 trips here, and
• about $5K ish of spending money transferred into her account from me via TransferWise over the years,
• a bag of random receipts from across the ages, and
• we know each other very well and we're good on our dates.

Evidence the IO could cite against us:

• why have neither you, nor your spouse mentioned your wedding on Facebook? (because her grandma is a traditional type, and in the words of my SO's mother, "it would kill her if she found out she wasn't invited", everyone else on both sides knows about it)
• why wasn't she invited? why wasn't anyone except parents invited? (because me and my wife want to be together now not wait until we can afford to blow $10k+ on a single day - therefore we had a court wedding in which no one else got to attend, only the parents, no exceptions to avoid fighting / resentment later).

Needless to say we are and have always been very much in love, the relationship is genuine and we'd do anything for one another. Living together is non-negotiable, we'll do it at any cost, but we're 27 & 25 so saving money on things like renting, bills and weddings is not something we can afford to turn down.

Are we in trouble?

Yes you must declare them if the combined amount has exceeded $10000 at any point during the year. Speak to a lawyer if you've filled a tax return already and not declared them as there are penalties.

There's a discussion here with links to the forms and rules.

http://money.stackexchange.com/questions/53653/any-us-tax-implications-transferring-uk-isa-balance-to-usa

I remember reading somewhere that the US authorities have an agreement with the UK that let's them see UK bank accounts. Not sure though.

Hi all,

Following a discussion in another thread, I'd like to recommend TransferWise for anyone who needs to move money between the US and UK.

I wish I knew about them at the beginning of my relationship. I've used them 9 times so far, to move over £4K. They're very quick and offer a considerably better exchange rate than my bank (Halifax in the UK) and consistently a much better rate than I've found elsewhere.

You can use my referral link for a free transfer https://transferwise.com/u/0df87

I hope this helps someone

I highly recommend Transferwise. I've still not been able to find a better rate than them.

I use them all the time, they're very quick (about three days) and best of all, you don't get absolutely shafted by your bank!

Use my referral link to get a free transfer https://transferwise.com/u/0df87

Just an update for future travellers,

I landed at SFO a couple of nights ago and handed the border officer my passport with the K1 page visible. I explained that I had the K1 visa, but that I wanted to use it in January and that this trip was just a visit. The officer asked why I didn't want to use the visa right away. I explained that there was a few things I needed to do back home towards my phd before I could be free to move permanently to the USA. He said that makes sense.

The officer was really nice, as usual for SFO. He said it would be no problem, but they would need to ask a few more questions and take a look at the documents I brought, so he sent me to secondary.

I handed my passport to the officers in the secondary interview waiting area. I explained the situation and he said that it would be no problem. His exact words were "you're free to choose which one you want to use". This is the same as what we were told over the phone by immigration at the airport and in person by officers at the airport when my partner returned home in August.

We got talking about the visa, they said I'd get the K1 pack soon, I replied that I had it right here with me just in case and they both chuckled. Anyway I took a seat and waited for my name to be called. It took about 40 minutes, then I simply approached the desk and they handed back my passport stamped with the VWP entry clearance stamp. It was smiles all around, the officer said congratulations and "see you in January". It was such a great feeling

I wasn't asked to present any documents and had no probing questions. The officers were all very nice and professional. Man I love this country! What a contrast from the s*** storm of abuse my partner got from the Heathrow border officers when she came to visit.

Anyway, thanks for everyone's advice.

And in return, my advice for future travellers is to try and avoid doing what we did, as it was worrying (but I do worry more than the average person). If you decide to go for it, remember that the officer at the airport has absolute power. Prepare your evidence in advance (to give yourself confidence if nothing else) be polite and respectful. Be prepared to wait and go home with a smile if necessary (don't do anything to compromise your marriage visa)!

Here's another option, maybe it'll work: you can try getting in on an ESTA - tell the CBP officer before handing in your passport that you have a valid K1 but you want to enter using the ESTA as your affairs are not in order back home and you would like to be able to return before being stuck in the US. If he is not OK with that and you have to use the K1, then maybe try getting the AP immediately (marriage, file for AOS, get NOA1, info pass at local USCIS office) so you can travel back as scheduled. Ask your supervisor to write a letter substantiating extreme financial loss if you cannot get back to the UK quickly (or you have a house for sale or something of that nature) and try to get an expedited AP based on "extreme financial loss to company or individual" so you can travel back. Don't know if it'll work, but it might reduce your time in the US so you can get your stuff arranged before moving. Just my two cents

Good luck and congrats!

Thanks for that, I really appreciate your comments.

I will certainly request entry under the VWP before presenting my passport.

However naive it is though, I don't want to abuse the extreme hardship routes for fear it may disadvantage others by forcing harsher criteria in future. I want to do everything by the book, I am so lucky to be given the opportunity to marry the woman of my dreams in the US and live and work there. If I've made a mistake by not understanding the procedure then that's on me I suppose. To use the K1 early just costs me money. So be it.

Thanks for the good luck wishes. Like I say, I'll be sure to report back and hopefully others will be a lot smarter than me.

I think (correct me if I am wrong ) the risk he is referring to, is that you enter for your little vacay, but they use the K1. You are then required to marry within 90 days, and cannot return to your country to finalize anything.

You will have to marry, then apply for AOS, EAD and AP, in order to return to your country. This can take time.

So, yes, having the packet is good, and means you will likely gain entry at the POE, but you will not be able to easily return to your country for months.

Oh sorry, I forgot to mention I was coming form the UK (I'm not sure that changes anything though).

Six months, even a year is fine. I believe that is an acceptable risk. All I stand to lose is £480 worth of flights (or not, as I will be with her depending on the way you think about it).

My partner phoned CBP at the airport and they said it definitely complicates things, but would be ok providing I give satisfactory evidence I would return in-line with the VWP (I'll have a letter from my University + evidence of the January flight tickets) and a satisfactory reason as to why I'm not discharging the K1 on this visit (vital experiments for my phd scheduled to take place before writing up from the USA, one last Christmas with ageing family before I move indefinitely - in particular my grandfather who I'm not likely to ever see again

She said the officer knew exactly what was being asked and was very helpful. This brings the total of US officials asked up to 7, none have which have ever said its not legally possible, all of which have said it depends on your circumstances and that the officers decision is final.

I am prepared to risk using the K1 early (in fact, its quite an exciting prospect!). I'll be sure to report back.

Thanks again everyone for your advice.

I've booked my flight already The airline are very inflexible, I've tried before.

What risks are you referring to? Is it just the risk that I'll have no choice but to use the K1? If so that isn't the end of the world, like I mentioned earlier, just a wasted flight and inconvenient.

I'll be sure to bring the entire K1 pack with me.

You do realize that once you enter on K-1 you will not be able to leave the country for 2-3 months after marriage? So, no two separate flights. Finish all your business, then pack and leave.

Yes, that's why there was one short visit before fully committing to my new life in the USA. I guess I should consider cancelling the first flight then