dnyal

On 9/4/2023 at 11:03 AM, EM_Vandaveer said:

no, your mother is the person who gives birth to you...

That’s not precisely true in law. What you’re talking about is what the Code calls a “natural” parent. Adopted people have mothers who didn’t give birth to them. Legally, your mother is whoever is listed in your birth certificate/registry/adoption papers. You can see here and here the different definitions for “mother” that USCIS applies.

You can go to college, but you won’t get any federal financial aid until you adjust your status. State aid may vary. At least in Florida, you have to be a “citizen or eligible non-citizen” in order to get any state financial aid, including school-sponsored scholarships. However, some colleges do have privately funded scholarships for international students. Go to the financial aid office of your school to find out more.

You can do it yourself if you’re a detail-oriented person who follows instructions. The government forms for K-1 and the whole process afterwards are accompanied by official instructions. Forums like this one break all that down for you, besides the countless YouTube videos of people who’ve done it themselves. Unless your petition will require special waivers or you have convoluted situations, you can do it yourself. However, I understand some people might not be able to. As a rule of thumb, if you are a person who conscientiously prepares your taxes, keeps meticulous records of your receipts, and generally dots every i and crosses every t, you’ll be golden. Whereas, if you simply cannot be bothered with filling your taxes and going through the motions of Turbo Tax is excruciating, you might want to have help.

What your husband is going through is absolutely ridiculous. I flew back from Colombia in May with my expired green card and the 24-month extension letter. The airline agents would just take a look at the green card and notice it was expired and ask for the letter. That was it. I was using American Airlines. No need for a stamp on my passport whatsoever.

Hello, everyone! 👋 

I had an interview scheduled for next week at the Orlando USCIS office. I suspect it was a combo interview, since my husband and I have a pending I-751 (but I only ever received an invitation letter for the citizenship interview). However, it was cancelled last week when I checked online and just got the official cancellation letter in the mail today. I know of at least one other Visa Journey member whose naturalization interview at the Orlando office was scheduled a few weeks prior to mine, and theirs was also cancelled. I found out mine had been cancelled precisely because I had messaged them to ask about their ceremony, they told me they never even got to the interview, and then I checked the status of mine. I also notice in the VJ timelines that a few other people also with interviews set at the Orlando office recently haven’t updated their timelines. It just makes me wonder if there’s something else going on.

 Is there anyone else here with the same issue at this office? Is there maybe a mass cancellation going on? Please, chime in with your experiences or opinions. Thank you!

I'm sorry you're going through all of this. It must be going through a lot of emotions right now, and I'm glad that you're finding support in your family and things with your husband seem amicable. Regarding the immigration situation, the consensus here is that, if you two are considering divorce, then you should file for ROC with a divorce waiver. You mentioned that your husband is willing to "stay married" while you go through this process in order to help you out. However, ROC is based on a bona fide relationship. The moment you decided to divorce, staying married in order to get an immigration benefit no longer constitutes a bona fide marriage. Should USCIS catch any wind of this during the process or interview, you'd be in for a world of trouble. Since you talked to your husband and now you both have considered divorce as the route to go, then you need to file for divorce in your state of residence and file for ROC based on a divorce waiver. You will still need to provide evidence of having had a bona fide relationship: joint lease, bank accounts, health insurance, etc., up to the point where you two separated, along with the paperwork that you two initiated divorce proceedings and a brief letter explaining the situation (better if signed by both you and your husband). A cousin of mine is going through AOS in NY. She got an RFE about three months after her initial filing, so that should give you an idea of how long you'd have to wait until you get your RFE for the finalized divorce decree. I'd suggest you apply for ROC as soon as you are eligible and then submit evidence as requested by USCIS.

In Colombia, the hospital did ask for my passport to check against the paperwork, but that was the extent of it (no stamp). The doctor's office gave me a sealed envelope to take to the embassy later that day after the exam. I fail to see why a hospital would stamp your passport; it is a travel document. Maybe they've had instances of fraud and want to cover their butts.

My husband and I have always regretted having gone the K-1 route. What others say is true: I spent six months without being able to do absolutely anything because I had to wait until my status was adjusted. I was really bored, and I also had to delay starting college here until I got my green card. I could’ve started a semester earlier or have come to the U.S. a whole 18 months earlier! You seem to have a pretty solid case, so I do advise you to simply marry and then file for a spousal visa; they’re taking almost the same as K-1 approvals, and you skip the added months of adjustment of status. If what you want is to have a ceremony in the States, you can legally marry here (if your fiancée comes on a B visa, not sure if Serbia is part of the visa waiver program, and then returns to Serbia to wait for the spousal one) or marry in Serbia (legal paperwork-wise) and then have the wedding here.

10 hours ago, Family said:

Because USCIS limits their interpretation of marital union as “living under the same roof” ( and although it can and has been successfully challenged) , you will have a battle on your hands.

In your case they don’t even need to look deeper than the N-400 itself , if you disclose your wife’s physical address overseas ( at current program) and any informal question Re wife ‘s employment/ whereabouts will bring up the issue. 

What I gather from the OP is that their wife seems to live with them, as in share a residence. Otherwise, why would they both share a lease like OP says? It seems she’s constantly going to different places because of her research job, yet she maintains residence with her spouse at their home (this doesn’t mean, however, that they have to be together). If this is the case, that the wife keeps residence at the same address as her spouse (i.e., she uses it legally for her bank documents, taxes, voter registration, etc.), then OP doesn’t have to claim “ignorance.” She legally resides at their joint address, especially if she often travels back to be with her spouse for periods of time. This has even more weight if they file taxes together using OP’s address. She voluntarily took a job that requires her to relocate, like somebody else pointed out. It’s not the same as she voluntarily relocating for some other reason.

Like yet another person pointed out, the most sensible approach here is not to volunteer any information. So, ask your wife to come with you, bring pictures of you two (also keep some Skype screenshots at hand in case her living away comes up), and restrict yourselves to honestly answer only what is asked. If your wife usually lists your joint address on everything she does, it is proof that she considers the place you two rent her home. Make sure that she bring paperwork that shows her relocation is necessary for her job (for instance, some employer document that states that she would need to go to place X if she wants to do research on something). You mentioned your wife is a researcher, so you may qualify for an exemption anyway (should the subject come up) if she works for one of the institutions listed here.

Like someone suggested, you should apply for citizenship. If you ever got in any sort of trouble with law enforcement (wrong place, wrong time), you could have either difficulty renewing your GC or it could even be revoked. As a permanent resident, you don’t have guaranteed entrance to the U.S. when you come back from a trip. You mentioned you’ve lived here since you were a kid and it sounds like you have your life settled here, so you’re basically American already. Just make it official. Austria doesn’t allow dual citizenship, but it seems you could apply for an exemption (which has to be given before you apply for American citizenship), especially if you are Austrian-born. I think it is worth a try.

I’m sorry to hear some of you are having troubles. After much waiting, I literally just noticed on the USCIS website that an interview for my N-400 has been scheduled for August! 😄

I also have a ROC pending with no changes since last December, when it said it was transferred to the NBC after I applied for naturalization. I do hope it is a combo interview so my husband and I can be done with this nightmare of uncertainty that is immigrating to America. Do you guys think they’ll tell me whether it is a combo interview if I give USCIS a call?

I really don’t see the issue here. It seems the OP is trying to say that their parents (or one of them, at least) was threatened, and they decided to flee along with their family. It could be that the father was the one threatened, but then decided he was not gonna leave without his family. Unlike in the U.S., a 19-yo person in Colombia very often still lives with and gets support from his or her parents. I lived with my mom until I was 22! And, when I mean living, I mean she supported me completely. Perhaps that was the situation the OP was in back then and why their parents involved them in their asylum process. Now that the OP is financially independent and might not have been the directly threatened person, I see why their lawyer would give them a green light to travel.

In case it isn't clear to the OP and his friend, American citizens are required to file a tax return on worldwide income. That means that even if you live overseas and work overseas and no longer have ties to the U.S., you are supposed to file your taxes in the U.S. (unless your foreign income in U.S. dollars is less than the standard deduction). If your income for the past three years has been more than the standard deduction that applies in your case (i.e., single, married filing separately, etc.), then you are supposed to file the corresponding tax form. You can do it retroactively right now. There is a foreign income exclusion or foreign income tax credit (you get one or the other, depending on whether the country you lived and worked in has a tax treaty with the U.S.); making less than the threshold for the foreign income exclusion does NOT mean that you didn't have to file taxes (as I think I saw someone suggesting here). You had to file a tax return, it just may be that, if your income was below the foreign income exclusion, you might not owe taxes to the U.S. government. However, keep in mind that not every income class falls within the foreign income exclusion (I think dividend and interest income are not excluded). It is best if you consult with a tax professional on this, but you definitely needed to file taxes (if your income was above the standard deduction), you can still do it retroactively, and you might not end up paying in taxes, anyway.

11 hours ago, Rocio0010 said:

No, you’re right… employment based. But still 

I remember my AOS was approved in three months at the Tampa office. That was back in 2018, though.

Filing an N-400 did nothing for my I-751. It’s been seven and a half months since I submitted my naturalization application online and nothing. I’m seeing people getting approved in six months, and my USCIS online account says there’s a “5-month wait” for naturalization. My removal of conditions is gonna turn 20 months old in two weeks. It had a bump a month after I filed the N-400: it got transferred to the NBC. That’s been it since then.

Consider a spousal visa. You two could legally marry in Italy and then ask for him as a spouse. I did the whole K-1 visa process, and I then realized it would’ve been much faster to go CR-1. Then, you could have your marriage ceremony here in the U.S.

On 5/11/2022 at 4:41 PM, dayotutu1 said:

Today, my I-751 status just changed to New Card is Being Produced. So happy and praise God, the wait is finally over. From YSC to NBC to New Card is Being Produced. Now I will wait for update on my N-400.

I’m glad it is all going well for you! They should’ve just scheduled an interview for you since you already have an N-400 pending. Now, you’ll get a green card that you’ll probably have to turn in in a few months when you become a citizen. Whatever lol

On 2/11/2022 at 3:09 PM, dayotutu1 said:

 

I just got this, I think my N-400 I filed in December 2021 activated this: 

 

Case Transferred To Another Office
On February 11, 2022, we transferred your Form I-751, Petition to Remove Conditions on Residence, Receipt Number YSCxxxxxxxxxx, to another office for processing and sent you a transfer notice. The notice explains why we transferred your case. Please follow the instructions in the notice. If you do not receive your notice by March 13, 2022, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

The exact same happened to our removal of conditions case six weeks after I filed for naturalization. Someone else here also had a similar experience. I both our cases, the removal of conditions was sent to the NBC for processing. I haven't had any further updates since Dec. 14, which was when my I-751 was updated to reflect that it was sent to the NBC.

I think some respondents might be complicating the issue too much. OP said that they were “registered.” I’m originally from Colombia, a country where there’s an agency called the National Registry. When you’re born at a hospital or clinic, the doctor who assisted your birth gives your mother what would be the actual birth certificate. It only lists your mother, not your father, since it is a medical document filled out by the doctor. They can only be sure who your mother is, so, medically, they can only list your mother; the doctor cannot assume who your father is because there isn’t medical evidence to attest to that. The parents then take the baby and the birth certificate to a National Registry office. There, the baby is issued a “civil registry of birth,” in which they list your mother as it is on your birth certificate. Your father can be ANYONE who shows up with the mother at that moment to claim you as his child. The civil registry is the legal document that gives you legal life under the law.

Although I’m talking specifically about Colombia, this legal procedure is common across many countries in Latin America and elsewhere. The problem arises because your civil registry is not quite the same as an American birth certificate, but it is used as an equivalent during your immigration process. And that’s the key word here: they’re equivalent, but your civil registry is NOT the same as an American birth certificate. Civil registries can be easily and legally modified after birth, while that’s hard to do for an American birth certificate. I’ve heard of lots of cases when someone’s biological father or mother showed up years later, and they go along with their now adult child to amend their civil registry; no adoption or court procedures are necessary. In rural areas, where some people use midwives instead of going to the hospital to give birth, you can register your child simply by showing up to the registry office with two witnesses; no doctor’s birth certificate necessary, either. You can also use a baptismal certificate, which was much more common decades ago, when baptizing children was a much more important thing (in the Catholic tradition) than taking them to the registry office. Frankly, I was registered at age 5, after my father’s death. My mother used my baptismal certificate (I was baptized when I turned 1) with my father’s name on it. It was all completely legal, and I explained so when I went to the U.S. embassy in Bogota for my K visa. I had no issue whatsoever. Now, imagine trying to get a birth certificate here in America for a 5-year-old whose father died, but you still want the father listed on the birth certificate.

With all this context explained, it doesn’t have to be the case that the OP’s father LIED and got a fraudulent “birth certificate.” He probably had his kids registered when they were already grown children, and both the father and the step mother both claimed to be OP’s parents. Legally, they ARE the OP’s parents, so OP didn’t necessarily LIE when they filed for naturalization; they  had to list their mother as it was on their registry. Their “birth certificate” (probably just a civil registry) could be amended in their home country to register the biological mother. This is the result of different legal systems and customs, not necessarily of malice. However, USCIS and the U.S. government have no obligation to abide or understand the intricacies of foreign governments. So, I suggest the OP to get an immigration lawyer with experience in this sort of cases. They’ll have to tread carefully and fully explain the situation to USCIS in order to have a chance of success.

On 12/18/2021 at 8:23 PM, Ani924 said:

Some news here, original office was YSC but it was transferred to NBC last week to "speed up processing". I filed 400 back in NOvember. Any idea what this means?

 

If the notice had said they transferred 751 to NBC to schedule an interview it would be simple but I am confused if it means I'm approved for 751 or if I'll get a combo interview?

 

Any thoughts from this group?

We had the exact same experience!

Filed our I-751 on Nov. 3, 2020, and it was sent to the YSC. I then filed my N-400 online exactly a year later on Nov. 2, 2021. I got a letter dated Dec. 14, 2021, saying that our I-751 was transferred to the NBC to "speed up processing." No updates ever since, and I am not sure what this means. I guess that, since we both filed our N-400 recently, it might have something to do with it.

On 12/19/2021 at 1:45 PM, franco_chisco18 said:

3. NBC received your N-400 and you sent a copy of your I-751 receipt, the officer who is reviewing your application realizes that your case is still pending but since you added new evidence that you are still married to the citizen, the officer requested your packet to YSC to then process both applications.  here 2 things can happen. 
(1) The officer receives your I-751 along with the notes of  last officer who reviewed your case, based on those notes and the new evidence you sent in your N-400, the officer can approve your I-751 and continue to process your N-400 . OR 

(2) If the officer agrees with the notes, 2 things can happen.

(2.1) schedule an interview for your I-751 only.

(2.2) schedule an interview for you N-400 and I-751. 

I did not send a copy of our I-751 receipt with the N-400. The online form simply didn't ask for a receipt of it, just for pictures of my green card. It didn't occur to me to send a copy of the I-751 NOA until a few days later, but it was too late. However, can't they see in the system that one has a pending I-751???

On 12/19/2021 at 8:29 AM, TastyCake said:

For single payer universal health care proponents out there, this is what life would be like with your health care with the government in charge... waiting in line for needed services while you waste away.

 

Finally, this is not true, and I'm from South America, not some fancy European country. I worked as a primary care physician there in our universal health care system for years. Appointments with me were often same- or next-day. The most someone would wait was 5 days, or they could choose another doctor in our practice who had sooner availability. Appointments with specialists were a few weeks or months out, depending on my judgement of the urgency of their condition. Same for elective procedures. All of that with an awful and corrupt government bureaucracy; I think America could do better. However, this is beside the topic of this forum.

On 10/25/2021 at 5:57 PM, Joshzes said:

Co-asking on this. 
 

Can I send in an N400 application while still waiting on the approval of my I-751? 

Please I will love a definite Yes or No response on this for anyone that knows (or has done/is doing) this .

 

Long form: I applied for the removal of conditions in November 2020 (90 days before expiration, being Feb 2021. Fortunately or unfortunately, I got YSC so it’s been a long wait. 

So by logic I should be able to apply for citizenship in Feb 2022 and using the 90 day rule, I think I can apply by November 2021. Is this true? 
 

Does anyone have a list of documents/checklist for documents to submit for the N400?
 

Thanks everyone and stay strong and positive. 

I just did. This topic has discussed ad nauseam here, and no one has ever had any problem by having done it (that I have been able to see in all the years following posts on this website). The good thing about filling online is that you can submit more evidence by simply uploading it to your case. Another positive in my case is that I got 2% cash back with my credit card 😁

Well, refer to the latest exchange of comments on this thread. I was asking you that in the first place because I saw a lot of the first commenters were telling you to get an ITIN for your wife, add her to your bank accounts, and file taxes, etc., as they probably had the impression that your wife was already living with you in the U.S.

38 minutes ago, ra0010 said:

If you’re a USC and you’re married on the Dec 31, next year you have to file as “married” even if your spouse doesn’t live here. And in the spot where you have to write spouse’s ITIN or SSN, you should write NRA

I agree with you in that. OP did mess that up! He probably didn't know and his wife can claim that on the next interview. So, he should probably file an amended return, though. He should just go to his local tax office and have them do that for him just to make sure everything's done correctly and whether he can keep his dependents. One can claim dependents, even if you're married, if you pay for over half of the expenses of that person or if they are your children (as long as your ex won't claim them as dependents, too). Again, he should consult a tax pro.

2 minutes ago, ra0010 said:

Adding a spouse on an insurance has nothing to do with filing taxes. 

OP could File Married Filing Separately and use NRA in the place for SSN/ITIN. Spouse is not required to have an ITIN unless they file a joint return. 

I was thinking that he could have filed as "married filing separately." It would've been a better option, and he could have still claimed dependents. But I think, for that, it is best that he contact a tax pro.

Now, before I moved to America to live with my then-fiancé, he tried to add me to his employer insurance so I would be covered the moment I set foot in the country. They refused saying they can't cover a person who does not live in the U.S., even in he claimed cohabitation/marriage. We had to wait until I came here and got a SSN. It is not about taxes, but health insurance coverage. Now, for life insurance, that might be another story. I imagine it is hard to show financial commingling when they other person is still living overseas, if that's indeed the OP's case. He hasn't commented on that yet.

Lemme see if I get this straight. He is talking about embassies and student visas being denied because of lack of ties (let alone a B visa), and the post shows it is about a spousal visa. Doesn't it mean that his wife still lives overseas? If that is the case, he cannot include her in his taxes as she is not a resident of the U.S. for tax purposes. You can't add a person who's not a resident and lives overseas as a dependent on any kind of insurance. Same goes for authorized users of credit cards.

OP, is this your case?