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Mike E

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About Mike E

  • Rank
    Gold Member
  • Member # 308549
  • Location Zzyzx, CA, USA

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    SF Bay Area
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Immigration Info

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

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  1. As I wrote, it is a plan B. I don’t think you’ve a clue about how the virus is escalating. Having someone officiate the wedding might not be possible even after the license is obtained. Everything I wrote is correct. Thanks for the insult. What a welcoming forum.
  2. The best bet seems like Cook County online marriage license. If you cannot get married in time, don’t panic. Plan B is to * lie low until you do get married. Don’t leave the house. Leaving increased the the however improbable odds of being apprehended for being out of status. * file an I-130 / I-485 plus the EAD and AP. Once USCIS gets these applications your unattributed stay is forgiven because you are married to a USA citizen and filing on that basis. * Once you get the NOA1, you are free to Leave the home from an immigration risk perspective (carry copy with you at all times) Of course the Covid-19 lock down might still be happening.
  3. Windows or Mac? The software you are using to generate pdf will have options for reducing the size of the file but this cries by software being used. Each release of a Mac OS X makes this more obscure from inside pdf. But you either print to pdf or export to pdf and fiddle around for the advanced options for lowering the size.
  4. You can translate them yourself for uscis. You must include a copy of the original, your translation, and a signed statement with your name, a sentence saying you are fluent in the language, and your signature. The assertion that you don’t need to translate documents for embassy interviews is wrong. It varies by embassy.
  5. To answe your question yes you will be allowed to enter the USA but not necessarily without consequences. If you return after a 6 month absence you will likely be sent to secondary inspection. You will then be motivated to satisfy CBP that you did not intent to abandon your residency. As others have said, documentary proof of the original travel date, and of your lockdown and canceled flights is helpful. As are proof that you maintained your residency. 2019 tax return. USA drivers license. Proof of payment of rent / mortgage, etc. If CBP concludes you intended to abandon residency you will be pressured to sign a document that says you abandon your residency. Sign nothing other than your customs declaration. Hold fast and eventually you will be admitted. Worst that will happen is that CBP will recommend to DHS that you have a trial with an immigration judge to decide whether you abandoned your residency. That is the 6 month rule. Then there is the 12 month rule. Your experience will be the same just even more pressure and more proof demanded. In the end though you have to be admitted. The difference between the 6 and 12 month rules is that even CBP decides you did not abandon residency, it must still report this to DHS. And so for the rest of your life as a green card holder you will have the risk of an immigration trial. The remedy is to naturalize. And you will have to wait 5 years for that (or 3 years if filing on the basis of a green card through marriage to an LPR or USA citizen). There are documented cases of people who were gone for years and entered the USA with no problems besides the expected secondary. How many months are left on your green card?
  6. What is likely to happen is a secondary Inspection. Now apparently some people don’t think that is problem and some people do think it is problem. I am in the latter group. But this is surmountable. What can happen in secondary is that CBP makes an investigation as to whether the LPR abandoned permanent residency or not. It is always a good idea to have a solid story and evidence of intent to maintain residency. Tax returns, rfidrncr if rent or mortgage being paid, current USA drivers license, etc.
  7. Fire your tax guy and report him to IRS. Your husband is married. He cannot file as single.
  8. Nobody knows when he started the I-130 process, but I am going to guess it was while Megan was pregnant. In hindsight his move to Canada was likely because the process took longer than he thought. Anyway I’m sure Canada is happy to have this soap opera behind it.
  9. “Possibility to wfh” isn’t a strong enough assurance. He needs a written assurance that if there is a shelter in place order, he can wfh. By 5/5 the accepted offer could be withdrawn. Then he needs to permitted to start the job sooner. Like next week.
  10. That actually wasn't my question. The current policies of the employers are irrelevant. Shelter in place is coming. The question is whether is possible to that job at home. So for example, I am a computer programmer. I don't have to be in an office to do my job. I can do it at home. Prior to the shelter in place order, company policy was that each manager decides. Now the county, and now the state of California decides. So again, is it possible that the job can be done at home? Which of the two jobs can be done at home?
  11. Ignoring current policies of the existing employer and the new employer is Work From Home possible with either employer? Is either employer in an industry considered Essential?
  12. It isn't irrelevant because depending on the situation, the employee doesn't pay FICA. I've had jobs in the USA where I paid zero FICA (and zero SE tax). I will only note that holding a K-1 visa has nothing to do with whether you pay FICA or not. >> also because it is irrelevant imo (let's say i work in a standard hedge fund in NY). And let's say I'm done with this thread. Good luck.
  13. Your tax transcripts help to document that you maintained three continuous years of residency. In other words they are evidence that you did not terminate your lawful permanent residency. If you didn’t have income and so didn’t file then expect during your interview to show where your means of support came from. If it came from a foreign country strike 1. If it came from a foreign country while working there, strike 2 for breaking residency, and strike 3 for failing to file a tax return on your world wide income as required for lawful permanent residents. And you know what happens in baseball after three strikes. Better hope your IO hates baseball.
  14. I don’t know where it says you don’t have to submit three years of tax returns or tax transcripts. I submitted three years of transcripts as did pretty much everyone else.
  15. I did read the whole thread. He hasn’t figured itmout. You are right he doesn’t have to tell me sweet ####### all. And he doesn’t need to get helped either.
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