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Mike E

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About Mike E

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  • Member # 308549
  • Location Secret Town, CA, USA

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  • Gender
    Male
  • City
    Silicon Valley
  • State
    California

Immigration Info

  • Immigration Status
    Adjustment of Status (approved)
  • Place benefits filed at
    California Service Center
  • Local Office
    San Jose CA
  • Country
    Myanmar
  • Our Story
    Iris: K-1 / Mike: naturalized (Canada)

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  1. https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos15 “Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. Examples of assets easily convertible to cash are savings, stocks, bonds and property. Sponsors may include the value of their home. “ So if the IO looking at your case believes converting the house to cash can be done within a year and won’t cause hardship then sure. It is going to be subjective. “Necessary” and “sufficient” are different things.
  2. Are you asking for a CR1 visa or an adjustment of status or something else? Given the forum I will assume CR1. IME it is best to wait until NVC or the embassy asks for a specific document as part of the visa process before spending the money to obtain it. Each embassy has its own rules. And those rules change often.
  3. 1. What kind of attorney is advising you? I got naturalized after a divorce and was never asked if the divorce was “my fault”. In America we’ve moved past “fault” in divorces. Both legallly and culturally. Marriages break down. 2. the optics aren’t great but you need to show evidence that your relationship was bonafide at the time you had removal of conditions interview (or approval of interview was waived) 3. Expect to asked for evidence of bonafide marriage. I was after a 31 year marriage and 32 years as an LPR. Some of not most are not asked. Btw you can naturalize 5 years from when you got your 2 year green card.
  4. The status on your certificate won’t affect your petition. My cert says divorced and I successfully petitioned my fiancée to a K-1 visa and a 2 year green card. I’ve no intention of having my certificate updated. And don’t need to update it. And it isn’t a matter of what you want on your cert. It’s a matter that the status changed. It was late breaking info to USCIS. So USCIS had to get it right. Hence the drama. And yes failure to disclose at interview could be considered a material omission. So you did the right thing. And this is why you weren’t approved on the spot. And it is no big deal. Congrats.
  5. My understanding is that SSA offices are requiring the green card to be mailed in. There are several reports (starting with the SSA’s own blog) of SSA losing such documents. My advice is to insist on an in person interview or defer doing this. It is a misdemeanor for you to not have your green card on your person at all times. It also takes literally years to replace a lost green card.
  6. To reiterate you are approved. Now everything makes sense to me. Going into the interview, I believe you were preapproved and the naturalization certificate might even have been printed and ready to go. Possibly for a same day oath. But your remarriage threw a wrench into the process. The application had to be changed. The status on the naturalization certificate had to be changed. The quality review was to make sure that correct status is recorded and displayed. Naturalization certificate processing is serious business. I asked my wife’s immigration lawyer why my IO made me come back to the field office to bring more passport photos. She told me that the certificate printers are designed to print at most two attempts with the same photo. So the IO wanted the flexibility to make up to four attempts (paper jam, printer ink smears, etc). Don’t change your marital status before oath. “Honey please be careful: if you get hit by a bus or fall down stairs, my oath ceremony will be delayed” Again, congrats.
  7. Yes I can imagine felt intimidating. My naturalization certificate from 2018 has my marital status on it at the time (divorced). I believe the IO wanted to verify your current marital status for naturalization certificate. When you filed your N-400, had you re-married by then? Had you been divorced by then? Yes this means you are approved. Again congratulations!
  8. I got my green card through marriage. Divorced. Then naturalized. It was a non eventful interview. IO wanted prove that it was a bonafide marriage and for him birth certificates of two children sufficed. He all but verbally told me I was approved. I didn’t set a notice that an oath would be scheduled until several weeks. Well your IO put you through an emotional roller coaster but the only interpretation from what you’ve copy pasted is that you were approved. The quality review is normal. Congratulations!
  9. I was intrigued by this, and dug around, FWIW, Nolo says the opposite: https://www.nolo.com/legal-encyclopedia/intestate-succession-arkansas.html My quick perusal suggests that Arkansas has among the most widow/widower unfriendly laws for intestate estates. A surviving spouse can end up with as little as 1/3 of the deceased spouse's estate which is astonishing, If you want protection, your spouse should have a will that leaves you everything. This does remind me of another pro to US citizenship. Normally when a married person dies in the USA, the surviving spouse inherits without paying estate tax. Estate tax is deferred. But if the surving spouse is an alien, even an LPR, this deferral doesn't exist. And so estates in excess of the estate tax exemption inherited by the alien spouse are subject to estate tax. Back when estate tax started after a $600K exemption this was a real problem. These days, the exemption is over $5 million, and so I don't stress over it. There is a work around: a qualified domestic trust (QDOT). However if you read the fine print of a QDOT (I had one with my first wife: a revocable living trust) is says that the trust administrator must be a US citizen. And so if you had a QDOT for your marital assets, indeed someone else will have control of the assets you inherit from your spouse if you are not a citizen, which is certainly not ideal. http://gedeonlawcpa.com/beware-us-estate-tax-when-your-spouse-is-not-a-us-citizen/ With my second marriage we don't have a QDOT.
  10. Yes, captured in the pro around security clearances. I'm not surprised either. The subject of the OP is a UK citizen though. I prefer to deal with a credit card sized document than a passport when returning to the USA. To the dig in a previous comment about a previous administration, I will say this though, as an AP holder and then a green card holder, my wife (Burmese) has been treated with nothing but kindness by CBP even under President Trump. But she is far prettier than I am.
  11. I'd process the passport card first so that you don't have to make two trips to SSA.
  12. Pros: Right to vote Opportunity to hold public office Opportunity to most jobs in federal government that are denied to non-citizens Right to some jobs in state and local government that are denied to non-citizens A single $500 traffic offense can in theory be enough to deport an LPR. The USA has lots of laws and eventually everyone breaks one of them Opportunity to petition a K-1 fiance(e) Opportunity to petition certain relatives that LPRs cannot Higher preference category for certain other family petitions Two passports means when one isn't available (being renewed, waiting on a visa stamp, lost, stolen), the other can be used to travel. E.g. if US passport is not available, use the UK passport to enter Mexico or Canada by land, and fly from there. On the return, walk into the USA with photo copy of the naturalization cert, suffer an hour in secondary, and head home. REAL-ID renewals are simpler (assuming you believe the government won't keep kicking the REAL-ID mandate down the road). Personally I will avoid REAL-ID for as long as possible. Mortgage applications since the PATRIOT act are easier for citizens No requirement to carry proof of lawful presence within the USA. Handy if you find yourself in an internal CBP check point Flexibility to travel internationally without worrying about the 180 day rule, the one year rule, the 2 year rule, and 50% rule Your spouse appears to be a UK citizen, and so the visa waivers are pretty much the same. Still from time to time there are significant differences with specific countries of destination: visa fees, authorized stay, etc. Remember the year Turkey and the USA stopped issuing visas to each other's citizens? Didn't affect me as a Canadian citizen. OTOH while I was an LPR, for a time, Canada and the gulf states were having a diplomatic row, and I wasn't able to transit through them. Easy for citizens to get a 10 year visa for India It is somewhat easier for US citizens to draw social security while abroad than it is for LPRs Some states deny Medicaid (not the same as Medicare for which LPRs qualify) LPRs do get discriminated against in the work place, by land lords, lenders, etc. In some cases this is illegal and in others it is a grey area. Being a citizen takes care of that Security clearances are easier Certain federal offices are denied to LPRs. As a worker with a green card I could not visit NSA offices and some national laboratories. USA airports are constantly tweaking the passport control lanes. Sometimes citizens and LPRs can use the same lanes, and sometimes they cannot. CBP officers actually hate LPRs, which surprised me when I read this admission: Cons: Must serve on juries. In 2020, I was on call for state and federal jury duty and being stranded for two weeks was a drag. And that was with Covid. It will be worse post-Covid. Passport fees basically double Renouncing green card status is cheaper than renouncing US citizenship Some customer related job tasks at some employers require "US Citizens on US soil". As one of the few US citizens where I work, I get stuck with software bug troubleshooting while the non-citizens get to work on cool stuff. Presenting a green card upon returning to the USA is just easier than handing over a passport. Non Issues / No difference There is a myth that being a US citizen means you have to suddenly pay / file taxes on world wide income and thus that is a disadvantage relative to being an LPR. No, LPRs as US Persons are subject to the same rule LPRs, like citizens are subject to the same restrictions about traveling to Cuba FBAR/FATCA/FINCEN: same for both citizens and LPRs Global Entry: yes LPRs can get it
  13. You should prioritize, especially in a pandemic, whether it is more important to secure her proof of citizenship or that she has a different name. So many times we read about parents that delayed doing the passport and N-600 for their children and years later as adults the kids have no clue they are citizens and worse the trail of evidence has grown cold. The situations can be tragic. Especially for adults who later get into trouble with the law and face deportation because they have no proof of citizenship. My advice is to decouple the two objectives and prioritize the safety of your child over a new name. If cost is an issue you can spend $65 now to get your child a passport card, then pursue the name change, then the passport and passport card in the new name and finally the N-600 filing.
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