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Everything posted by bakphx1
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Things we forgot on N-400 application.
bakphx1 replied to A233465's topic in US Citizenship General Discussion
The main thing is intent and if leaving it out would have affected the outcome. Really they just want to see he was working. -
I’m a “never K-1” person. Since they can’t work or do anything requiring a GC, it can strain a relationship for them to show up and basically hang out while the other works and supports the household. They can’t travel out of the US until they adjust status or get advance parole. If an emergency comes up back home they could find themselves having to choose between abandoning the visa or going back.
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Job offer abroad with active N-400
bakphx1 replied to TQueue's topic in US Citizenship General Discussion
I just realized one thing that will be very important. Even if your start date is after the ceremony at that point, you cannot travel abroad on your foreign passport and of course your green card is taken away. You can apply for a passport that same day but unless you can work remotely at least while the passport processes, you legally cannot travel to Canada. -
Traveling for months!
bakphx1 replied to Cachaza's topic in Working & Traveling During US Immigration
I think the rolling year means the look back is the date you reenter. So I think what another commenter said is clicking more with me. If you shorten the trips some and expand the amount of time between trips, you can have more frequent trips. But using the rolling average you would find yourself having to wait longer for the next trip the way you describe, unless you’re okay with that. You can still travel and everything, but you do have to kind of be very strategic with the time. At least to not find yourself having to wait a full year for the next travel. -
Traveling for months!
bakphx1 replied to Cachaza's topic in Working & Traveling During US Immigration
I realized I should have added one thing before posting my last reply, which is keep track of all of your visits abroad, because you do have to list them when you apply for citizenship you list the last five years for a non-marriage, visa, and three years if you are married to a citizen -
Traveling for months!
bakphx1 replied to Cachaza's topic in Working & Traveling During US Immigration
You can be gone six months (actually 180 days is safer). There really isn’t a policy about whether you’re gone in one stay or multiple stays or how long between stays. This is more important for your Citizenship later, but people can actually be gone longer without forfeiting their green card, but will get a lot more questions. I really see nothing in the policy or having heard people have problems with traveling under six months. Maybe with the new climate, they may ask more questions, but there is absolutely nothing in the guidance that says Anything under 180 days is a problem regardless of the combination of the trips. -
Job offer abroad with active N-400
bakphx1 replied to TQueue's topic in US Citizenship General Discussion
If the start date is after the oath ceremony, my opinion is you’re good. It’s been a couple of years since we went through the process, but I think while you might have to update current employer information, if you accept the new job for a date after the oath ceremony, I don’t think you have a change in employment to report if you haven’t resigned and are still working at the same employer at the time of the oath ceremony. -
Criminal history
bakphx1 replied to JosephMary's topic in What Visa Do I Need - Family Based Immigration
They’re not that interested in the petitioner’s misdemeanors to answer that part. As long as it’s not drugs, human trafficking or terrorism related, it’s not something I think would be a factor. I am very anti-K1 as many people have posted here the problems they had. The immigrating spouse cannot work or study (though ESL is possible at ok rates) and the financial strain is often more than anticipated. This leaves the spouse home alone while the USC works and of course they miss friends and family. The relationship can become strained fast. I’ve seen many people have emergencies arise back home and they can’t leave without forfeiting the visa to say final goodbyes or help. Since the K1 is no longer faster, I wouldn’t consider it. -
I don’t see secondary as detained. I wouldn’t mark it as detained. That’s more for someone caught with something illegal/questionable or held for possibly being inadmissible. Just verifying in more detail isn’t the same. If he wasn’t cited I wouldn’t bother with the accident. They’re checking law enforcement databases, not insurance claims.
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I don’t think from what I’ve read that they see the details of the case prior to the green card being issued. If it was for criminal activity, they may be able to see that from their criminal data that they do see but not from USCIS. I have not seen that they share USCIS details from case adjudication.
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Conditional Green Card Approval
bakphx1 replied to gmf3000's topic in Removing Conditions on Residency General Discussion
Yes. No having to do Removal Of Conditions! -
Conditional Green Card Approval
bakphx1 replied to gmf3000's topic in Removing Conditions on Residency General Discussion
Just echoing the other response. It’s strictly based on the card issue date. Application & interview don’t drive it. -
I received a phone call. Any help?
bakphx1 replied to FreeBird265's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I would check your case online. You’re right to be suspicious. They much prefer to do everything in writing, even if by emails. I’ve heard of scammers posing as immigration. -
CR-1 Approval fee?
bakphx1 replied to LennyO's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
There’s not a specific time, but the green card processing begins after you pay it. Preferably before arrival but it doesn’t have to be. The earlier you pay the fee the sooner you get the green card. -
Am I ELIGIBLE TO BE CITIZEN THROUGH MARRIAGE
bakphx1 replied to Jingjing520's topic in US Citizenship General Discussion
It wouldn’t be worth pursuing an exception based on the extra year-you’d spend that year trying to prove it if it were a real thing. I would just wait for the 5-year mark at this point. Doing the 3-year is also fine but the marriage thing is one more administrative layer that can delay things unexpectedly. -
CR1 to IR1
bakphx1 replied to Zaheer khan's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
It’s automatic. You don’t designate which you want at application. They issue the appropriate one based on the the number of years married at the time the card is produced. You shouldn’t do anything. -
Did USCIS naturalize me too early?
bakphx1 replied to thelimey's topic in US Citizenship General Discussion
The only time citizenship would be questioned would be a case of fraud, which this clearly isn’t. I think they just want to clear out the cases and years from now, no one is going to care about a few weeks’ difference. -
What comes after I-751 filing?
bakphx1 replied to Henry14's topic in US Citizenship General Discussion
I should’ve clarified that I meant that filing the form is easier. I spent a lot of time with the first two (mostly on the supporting paperwork). I’m not saying they rubber stamp it-they certainly do a lot of review and you should only file with no unresolved legal or tax problems. -
What comes after I-751 filing?
bakphx1 replied to Henry14's topic in US Citizenship General Discussion
You can file for citizenship. It’s actually easier than the I130 & I-751. The will likely do a combo interview for citizenship. Both of you should go just in case. I’ve seen some people say the citizenship piece gets delayed while they catch up with the I-751. You can proceed with citizenship though. -
Houston we have a problem.
bakphx1 replied to Freakindj's topic in Effects of Major Family Changes on Immigration Benefits
Being a widow or married isn’t the issue. She is a permanent resident for life unless she abandons the green card. Even if her husband were alive she would be in the same boat-if she’s been out of the US for years, they will consider her to have abandoned her green card unfortunately. -
K1 Fiance Visa My Wife disappeared and is unresponsive. Found out from sister that she is having an affair with her co worker and intended just to stay with me until she she saved some money and then move out in an apartment with him. Also charged $10K me
bakphx1 replied to Nazim and Debbie's topic in Effects of Major Family Changes on Immigration Benefits
I thought you were in removing conditions, but I think she can try to adjust status on her own. Also uphill since she is getting a marriage based green card and is not in a bona fide marriage -
K1 Fiance Visa My Wife disappeared and is unresponsive. Found out from sister that she is having an affair with her co worker and intended just to stay with me until she she saved some money and then move out in an apartment with him. Also charged $10K me
bakphx1 replied to Nazim and Debbie's topic in Effects of Major Family Changes on Immigration Benefits
If she’s just now removing conditions and you’re not divorced-well, she’s in a bad position if you don’t cooperate. She has to be divorced to do it on her own. Do what you want with that info. You are just theoretically responsible for her having a place to be to not require government assistance. If she ran off with a broke dude, she made the choice