ThomasNC1988

Just now, rhealy6322 said:

When did you file your N400? We filed ours a couple months ago.

Last October. We were in Raleigh. N-400 depends completely on the local office.

Kind of strange situation. N-400 interview on on the 7th. The apparently didn't realize there was a pending 751 so couldn't do the same day oath. On the 8th the N-400 status change to oath scheduled for the 27th. Then on the 10th 751 updated to approved. Get to that oath ceremony and we will be all done.

Whole things sounds a bit odd to me. Next time my ex-wife tried to speak to me about committing federal crimes I would say I don't want to talk about this. Of course, if you want to report it that's your right but I would advise staying out of it. This happens everyday and is a big part of the reason the process is so difficult for some who have honest intentions, but I just don't see how any good could come from you being involved in it in anyway.

Anybody's estimated time until case decision change randomly? I just filed yesterday and had 13 months then 14 months and now 6 months.

9 hours ago, Arnel villarreal said:

Im filling under 5 years rule and under eligibility

9 hours ago, Arnel villarreal said:

have been a lawful
permanent resident of the United States for at least
5 years.

Seems pretty cut and dry.

Just filed a few minutes ago. Still have a pending ROC, hope we can blow right past that.

Edit to add: already got biometric reuse letter.

Who else went ahead and did N-400? Hopefully it will get us done quicker than waiting on ROC and then doing N-400.

On 10/14/2021 at 1:40 PM, SnowflakesLove said:

Hi everyone! question to those who applied for Naturalization under 3 year married to USC: on the travel history, employment and addressees, should i also include those that are out of LPR timeline if they’re asking 5 year history? entered on CR1 on Oct 2018, applying under 3 year. Any input would be appreciated! 

Just filed and only listed the trips after entering the US on K1. That made sense to me.

4 minutes ago, Jared&Roxy said:

So they look at the supporting documents and through the pages when you give it to them? I remember at my K1 interview in Canada they didn't look at anything during the interview haha.

 

So the worst outcome is RFE or administrative processing? A couple of the people on FB are scaring me talking about deportation proceedings...

Ohh yeah the experience at the AOS interview is a lot different than at the consulate. A lot of times they have their minds made up ahead of time but its not as set in stone as at the consulate level. There can be a lot more "investigative" things and the like. Think Stokes interview. Just remember its going to be ok. Do the best you can to be prepared to prove your eligibility if questioned. If you need something beyond what you have they will tell you and you won't be deported right away or anything lol. You can catch someone on a bad day or something but overall they are generally just nice regular people that want things to go smooth the same as you.

1 minute ago, Jared&Roxy said:

As for the interview - let's say they ask for the I-864 and supporting documents. Should I just hand it over orrrrrr should I say we didn't file his 2020 taxes yet?

If they say "your income doesn't seem to meet the requirements" that's your time to throw out everything you have to get across that hurdle. Just let them lead rather than go in trying to explain something they haven't asked about. The main thing is to just relax, they will help you and tell you exactly what you need. Worst outcome would be your GC is delayed until you sort it all out.

You said he was unemployed when he filed his 2019 taxes but not that he didn't make any money in 2019, was his income from 2019 0 or close to 0? Anyway, no big mystery how this made it to interview without and RFE because as you stated he was earning enough at the time he filed to qualify and his 2020 taxes wouldn't have been do at that time. So he qualifies and included the required documents, what would they request. Don't be surprised if you go in and get the rubber stamp treatment and they don't even bring this up, but be prepared with all the documents you have. If he were to efile now he should have his transcript in ample time but I wouldn't do that. I would take the information you currently have the proves his ability to sponsor you and proof he has an extension on filing his 2020 taxes and only offer it if they ask for it. Otherwise, sit down, shut up, and answer the questions they ask about if you are a terrorist and what not. 

Ohh I think I might have been mixed up on when he was unemployed. If he was unemployed when he filed that is a little confusing unless the assets were sufficient. 

VJ sent me this hilarious email last night after saying it was over a year left last week.

On 6/24/2021 at 5:49 PM, dayotutu1 said:

YSC/Potomac here. After my biometrics were waived in March 2021, it has been dead silent. My marriage is 4 years old. Is it possible to skip 10yrs GC and go for N400 without condition removed from the 2 years GC?

On 6/24/2021 at 5:57 PM, USC4SPOUSE said:

Potomac here. You can't "skip" the I-751. However, you may file for naturalization as soon as you/re eligible to. Often times, filing for naturalization prompts USCIS to adjudicate the I-751. Sometimes people get a comb I-751/N-400 interview. Not always, though. 

This is pretty much it. By skip the 10-year GC I mean skip my wife ever being issued one. I would venture a guess that if you local office is processing N-400s faster than Potomac is processing I-751 minus the year in-between you'd stand a good chance. Raleigh is at 7-14 months on N-400 right now and Potomac is at 20 to 22 months on I-751. So 20 minus 12 is 8 which you may know is more than 7 so I feel like there is a good chance at a combo interview because the N-400 would come up first. I'll be honest in saying I haven't researched that part too much.

How long you've been married is irrelevant. The date that matters is GC issues date. You could apply for I-751 2 years from that date minus 90 days and you can apply for N-400 at 3 years from that date minus 90 days, hence the 12 months difference. 

Where my Potomac homies at? Who's going to do N400 this upcoming October and try to skip the 10-year GC all together?

12 minutes ago, daniel_and_lily said:

Quote

When a person makes unlawful threats or otherwise engages in coercive behavior that cause another person to commit acts that the other person would otherwise not commit.

-- https://www.law.cornell.edu/wex/duress


It's not emotion  from fearing failure of attainment

A one line definition is not how a court works. Coercive behavior can be a lot of things. I.E. you have to sign this prenup or I won't marry you and in which case you have no way to stay in this country and you may well have no means to return to your home country. That is coercive whether you like it or not. The problem comes when you actually argue these points in front of a judge. "Your honor the defendant petitioned my client to come to America on the grounds that he would marry her and provide for her once she arrived, but upon her arrival my client was informed that she would be stranded with nothing if she did not sign this contract" How the court decides on that argument is not set in stone but it is a very likely challenge when it comes down to significant assets being contested. Nobody is saying a K-1 prenup can't be upheld(well except that one guy) but this needs to be considered and if your attorney doesn't bring it up with you they are doing you a disservice. How many times do we see people sharing the bad advice they got from attorneys on this site? Anyone who enters into a prenup needs to have competent separate legal counsel as well. This is another reason why you should start the process as early as possible preferably while your spouse is in their home country so that they can seek out their own attorney and be adequately represented. If you bring your spouse to the US and bring them into your lawyers office to sign a prenup you had drawn up or have them sign one you prepared yourself it is quite likely they could argue they didn't have the means to understand what they were signing and therefore cannot be held to it. The truth is any contract stands a chance of being contested no matter how "ironclad" it appears at its signing. Here is an example of a billionaire who's lawyers couldn't save him from a court battle that resulted in him coming out worse than if his prenup was upheld.

https://www.chicagotribune.com/business/ct-ken-griffin-anne-dias-divorce-1008-biz-20151007-story.html

On what grounds did his wife protest the prenup? 

https://www.cnbc.com/2014/09/03/how-safe-is-a-prenup-breaking-it-up-can-be-hard-to-do-lawyers-say.html

Anne Griffin’s legal claim to break the prenup centers on two arguments. First, she said that she signed the prenup under “duress and coercion” and under the “undue influence” of a psychologist who had a previous professional relationship with Ken Griffin. In the filing, she said she was given the prenup shortly before their wedding date and that she didn’t sign it until three hours before the rehearsal dinner.

Her second argument is that the agreement is “unconscionable given the enormous disparity between the parties’ respective assets, incomes and earning capacities.”

Go ahead and sign a prenup your lawyer prepared if you like, but the smarter answer is to address the issue as early as possible and make it clear that your future spose understands the consequences before they are in a situation where they might have undue pressure on them to agree. That's just the smart thing to do the same way having a prenup at all is.

On 3/8/2021 at 2:29 PM, Mike E said:

The hypothesis among the learned non lawyers who are nonetheless well versed in the K-1 visa process is that the beneficiary is under pressure to take the prenup or not, hence “duress”. The argument that this is “duress” smacks of entitlement.  The petitioner isn’t forcing the beneficiary to immigrate to the USA.   

 

When I mention on anonymous social media forums that I’ve a prenup, unusually get a vitriolic response, including “that’s not my culture, so they are bad”.

 

Those who are against prenups have either not been divorced or if they have, did not pay what I paid to divorce and and what I continue to pay.  

 

Not getting a prenup: it’s like depositing money in a bank that doesn’t have depositor insurance.  
 

Being offended by being asked to sign a prenup: it’s like a bank being offended to provide depositor insurance.  
 

The argument that this should be about love and not materialism is illogical unless we believe that love is a supernatural force.  Love is a part of nature and the physical world. Love is material.  

I think you are missing the point a little here. If you want to have a prenup with someone on a K-1 visa you should want it to be as legally strong as possible. One party signing a contract under duress is a quick way to get that contract invalidated by the court. Now what constitutes duress? Let's take a look at this blog that is a top Google result just to get an idea https://www.rocketlawyer.com/blog/signing-under-duress-can-you-be-forced-to-sign-a-contract-928036#:~:text=Being pressured to sign a,may also be considered duress Now we see one of the things the mention as being a cause of duress is "Extraordinary economic pressure." Now is having left your home country and your entire life behind to be with someone in America who has already signed an I-134 saying they will support you but now says you have to sign this contract for them to follow through "Extraordinary economic pressure"? Well that's for a court to decide but I think every strip mall lawyer in America might think they could try to latch on to that an have the prenup thrown out. Of course this doesn't mean it will or it won't work out, you should talk to a lawyer, but you should talk to that lawyer before you make any moves including even the I-129f so you have the strongest defense possible in case of divorce. 

Edit to add: This obviously hinges on how significant your assets are as well and state law governing marital property. I.E. if you are trying to protect 50k dollars it may not be worth it for your spouse to fight a prenup after a divorce but if you are trying to protect a million dollars that gives your future ex-spouse and their attorney a lot more reason to fight.

I would consider how shaky a contract is if it is signed under duress before I would bother with one. If you say hey sign this contract or you will be deported that is pretty clear duress. Better plan would be to have it signed before the impending immigrant changes anything about their life I.E. quitting a job or selling a house in their home country.

I keep hearing about this lawsuit? What would be the damages? Emotional distress they caused by not breaking up your marriage? This is insanity.

They all go to the same place.

https://www.uscis.gov/i-751-direct-filing-addresses

Where to file

U.S. Postal Service (USPS): 

USCIS 
P.O. Box 21200 
Phoenix, AZ 85036 

FedEx, UPS, and DHL deliveries: 

USCIS 
Attn: I-751 
1820 E. Skyharbor Circle S
Suite 100 
Phoenix, AZ 85034

I had to go check my joined date to see if I joined before I met my wife lol. I don't think joining here without meeting someone is such a big deal. In fact I say understanding the process and what it will take to finally be together before a relationship gets too serious is a good thing. Now for the ones that show up asking how they can get around a meeting requirement or how they can get married remotely that is a little different. I can think of a few reasons why someone would be interested in those things and no ways to talk sense to them. Luckily the US government prevents them from bringing someone to the US in 99.9 percent of cases. So again they are trying to protect both parties.

22 minutes ago, Balamban said:

The only I-751 that I can find states that it expires 12/31/2019.

 

Any newer version?  Link or...?

That is the current version. Be sure to double check the USCIS site for a new version right before you send it in.

Best course of action if they want to come back is to buy the tickets and fly back. No way of knowing what will happen for sure but most likely they will just be let in. It seems riskier than it is because there is always that chance but it isn't all that risky from everything I have seem posted here over the past few years.

46 minutes ago, Lucky Cat said:

"Technically"?   🤣

Funny way to say it I know. I think of it like driving 37 in a 35 zone. You shouldn't do it but you're not going to get a ticket lol