.yana

OP doesn't plan to be out of the US for more than 6 months, and USCIS rules are pretty clear (going on an extended vacation doesn't change her residency inside the US): 

“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

• Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis, see policy manual)

8 hours ago, Surzel said:

I am supposed to mail all the papers just with paper clips to each section? On their website it says nothing that can't be "easily disassembled" and the binder fits that. Have they rejected applications that were binders before?

When I was submitting my packet, I was told to two-hole punch everything then paper clip each section within the binder. Definitely no plastic folders. I don't think you'll get rejected but this might delay your case. 

To add to the above, should you choose to submit evidence in non-English language, it's helpful to highlight the important parts of it e.g. dates and names.

If your museum tickets don't have both of your names on them I'd say their already low value in the eyes of USCIS is now close to 0. 

Eek, if I'm an officer reading OP's cover letter, you bet everything that I am scheduling an interview. 

I also cannot imagine any officer wasting their time reading through the cover letter example above with Exhibits A-N. 

We didn't send any cover letters. Just table of contents. And had interview waived. 

Yes, I had an apostille for my Russian BC.

1 hour ago, 17Miller said:

Hi, @.yana quick question, I saw you noted on you timeline :

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'

 

Did you end up receiving the LPR card physically, then gave it back at the Oath Ceremony, or the card never arrived? 

 

Much appreciated!

I did and yes, I gave it back at my Oath ceremony. 

There are passport agencies who will get you a passport within few days.

It's not cheap ($400+ most likely) but might be cheaper than moving your trip out.

7 hours ago, African Zealot said:

For what? It’s a waste of time in my opinion if you’re put in removal proceedings at the airport. The truth is you abandoned your LPR status long ago and will only be allowed to enter because that’s the law. I expect the any immigration judge worth his credentials to summarily terminate your permanent resident status and give you voluntary departure or barring that ask that you be removed.

 

Youve done nothing to show you intended to make the USA 🇺🇸 your home. Saying you couldn’t find a job doesn’t cut it. There are many fast food joints that would have willingly employed. Note that you’re not entitled to a job in line with your education.

 

My $0.02!

That's a bit harsh: she was fresh out of college, by no means "married" to the USA, and chose the easier route. That's not that surprising especially given the fact that she has a citizenship of another first world country. Not like she had to go back to Russia or Ghana (in which case I'd absolutely pick a job in service industry). 

My $0.02. 

23 hours ago, ErYe said:

I filed form i-751 in November 2021, (WAC Receipt #) and it is still pending , No Biometrics it only shows (Case was received). I decided to file for N-400 under the 3-year rule this past November 2022. Naturalization interview is scheduled for February . My interview notice for the N-400 did not mention anything about my pending i-751, and whether this will be a combo interview. Has anyone been in a similar situation? 

Yes, me.

I brought everything for I-751 including my husband just in case but it was not a combo interview so my N400 approval was delayed by several months while I751 was being adjudicated. 

But in my case I moved around some so my I751 was stuck in another office.

I'd say if you haven't move since filing I751 - it's a very high chance that you'll get a combo interview so be ready for that scenario.

29 minutes ago, xmgirl said:

 In November 2021, the law was further amended to allow qualified spouses to be automatically given an EAD by way of the L-2S designation when successfully applying for L-2 status.^[3]

I stand corrected! Looks like as long as she has a notice - she can use that as her employment authorization:

If you are an E or L spouse age 21 or over who has an unexpired Form I-94 that USCIS issued before Jan. 30, 2022, we will mail you a notice beginning on or about April 1, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as evidence of employment authorization. If you are an E or L spouse and under 21, or if you have not received your notice by April 30, email E-L-married-U21@uscis.dhs.gov to request a notice.

24 minutes ago, xmgirl said:

My understanding is that she does not have to apply for an Employment Authorization.

Your understanding is incorrect:

"

Working in the U.S. on an L-2 visa

If you’re an L-2 spouse, you may apply for an Employment Authorization Document as soon as you arrive in the U.S. instead of waiting until you’ve found an employer. 

The USCIS will evaluate your EAD application and may request for additional evidence. These specified documents will then have to be submitted within deadlines specified by USCIS. Once your application is approved, you can start looking for employment. You’ll also need to visit the Social Security office and apply for a Social Security Number if you don’t already have one"

Yes, I got a French visa to visit my mom with my expired GC + the extension letter. No issues.

And I also had a brand new travel passport that had no visas in it (and my last EU visa was in 2009). 

I don't think you'll have any issues.

Just now, Mike E said:

Yes that happens at some field offices. I knew about Seattle.  Now know about St Albans  

When it happened to me - I searched the forum and came across quite a few similar cases. Don't recall every FO but definitely wasn't just Seattle. Seems more common than not.

3 hours ago, Mike E said:

My impression runs counter to the consensus. 
 

* N-400s are accelerating I-751s (though in our case we were approved for I-751 before filing N-400

 

* New N-400 cases are being prioritized over everything else (including old N-400 cases) in most field offices.  There has never been better time in the last 8 years to file N-400 than today. 
 

So effectively 3 year cases are getting more love.  

Meanwhile my N400 was approved and interviewed before my I751 was even looked at which delayed my N400 approval (by several months) and also proved my point that there are more holdbacks for 3 year N40s than 5 year N400s therefore it's more conditional and requires more scrutiny vs simply passing the test / meeting the criteria. 

4 minutes ago, TastyCake said:

Not sure I agree with your rationale but thanks for responding.

 

I don't claim to know the actual reasons, just making a guess 🤷‍♀️🙂

Back when I was applying for a passport and needed my congress person to check on it status - there was an option to request a congress person's help with an urgent (under 48 hours) passport appointment.

Also - there are passport agencies that can get you those super hard to come by passport appointments if needed. They're not cheap but that's an option.

I wouldn't miss my oath ceremony.

2 minutes ago, Lynxyonok said:

What's the difference between котяра, котёночек, and кисуленька?

lol

14 minutes ago, Joyceh said:

Hi, 

 

I'm currently a student in the US, but will graduate in mid January. My F-1 visa has expired, but my I-20 is valid during the study period. My partner, who is an US citizen, and I have planned to get married tomorrow and filed the I-130 as soon as possible. My questions are:

1. Would expired F-1 visa affect the approval for I-130?

2. I suppose I should apply for OPT while the I-130 is being processed? So I can legally stay in the US? 

3. If not applying for OPT, we should apply for K-1 visa? Which would be better OPT or K-1? 

 

We'd like avoid me being stuck in my home country while I-130 is being processed. Thanks!

 

1. No

2. As soon soon as you file I-130 + I-485 (AOS), you enter a period of authorized stay

3. No, just proceed with AOS and don't leave the country until you receive your temporary travel document if you apply for it.

49 minutes ago, Bianca1948 said:

I know that, I understood that people who do this are not saying “hey I am coming to get married “ at the port of entry. But it just confuses me that on one side it is legal to marry in the US while on tourist visa and it is also legal to apply for AOS but they can deny you cause you you are coming a fraud. The line between legal /acceptable and unacceptable is confusing me. 
I will get more info on CR1 🙂

It's pretty straight-forward:

Scenario A: a non-US citizen dating a US citizen for an extended period of time, has an intent to get married and live in the US with their spouse, enters the US with a B visa knowing that they will be getting married and AOS'ing = fraud

Scenario B: a non-US citizen visits their long-time boyfriend/girlfriend with a return ticket on a B visa, said boyfriend/girlfriend proposes in the middle of the trip and they decide to get hitched in Vegas then AOS=legal.

Honestly, culture-wise - it's not super common to have such poor mother-daughter relationship in Russia. From my personal experience co-dependency is way more common to see (I don't find either healthy for the record).

I wish you the best, OP. Truly terrible situation for everyone involved. I often see folks on this forum mention that it's hard to enforce I-864. While I personally don't have any experience with that, I hope they're correct.

1 hour ago, Marieke H said:

I definitely see the benefits of getting US citizenship in your situation! I think the country of origin is a huge factor in determining if and when applying for US citizenship is important.

100%!
 

If I had a passport from a EU country, I might have been hesitating just like OP!