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Mike E

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Everything posted by Mike E

  1. At 120 days you are owed a decision. If you get denied then depending on the the denial you appeal or file again or never file again. If you are accepted you wait for oath. If there is no decision at 120 days, your lawyer can file a combined administrative procedures act / writ of mandamus lawsuit. The former is a move to change jurisdiction from DHS to federal court. The latter forces USCIS to make a decision. Once filed, USCIS will try to settle out of court as the cost of litigating your case in federal court is more than ten times the cost of completing the adjudication of your case in the field office. The only settlement I would accept is an oath of citizenship at the field office and a naturalization certificate. If instead you are offered a promise to look at your case “soon” say no. Let the judge decide your case.
  2. You have a PO box for a reason. Have your USCIS mail sent to your PO Box. This way if you move, you can keep your PO Box so that communications from USCIS are not lost.
  3. Sometimes cases have too much evidence too. Your filing must have been massive.
  4. I’m beginning to see the problem. I won’t be surprised if this takes the full 120 days and then some.
  5. Check out the evidence. Birth certificates of children born during the marriage, petitioning spouse is in the military, affidavit from someone serving in USAF, joint title on several real estate properties. Our evidence isn’t nearly as strong. Cut and dried cases like that should be cleared quickly.
  6. If you entered on an immigration visa through your previous spouse, then you would have been an LPR immediately. Why did your current spouse need to petition you for your GC?
  7. My concern is the case will be denied because USCIS claims your lawyer interfered with the interview Was that an I-129F or I-130? Did you file to adjust status or did you enter the USA on an immigration visa? Did you get a green card through your ex’s petition?
  8. Why does your A-file have a screen shot of a message with your ex? Did your ex petition your immigration benefit? Who stopped the interview?
  9. Then she can legally file I-130, but I would not be surprised by an RFE or erroneous denial or an I-130 interview (where her passport is examined).
  10. It is 90 days prior to the 3 year anniversary of “resident since” date assuming you’ve 3 years a marital union with a US citizen (which is complex to measure as per @Family ‘s comments). If you file online, filing before the 3 year anniversary is high risk. Since you travel a lot make sure no single trip abroad exceeded 180 continuous days and make sure you were physically in the state or USCIS field district where you reside exactly 3 calendar months before you file. You and your spouse should have been in each other’s physical presence exactly 3 years before filing and on the day you file. Use https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to help guide you
  11. 1. How old is your step daughter? 2. Do you really mean K-3? Or do you mean K-2?
  12. She isn’t a LPR until her immigration visa is stamped. She needs to go to a CBP deferred inspection facility Until she is an LPR she can’t petition anyone.
  13. Yes online filing is prone to this problem. Some proponents of online filing suggest (without any scientific evidence this is a reliable work around) waiting a week. I’m not sure how that is better than mailing the form at day 90, and having it arrive 0-2 days later.
  14. You can safely mail it 90 days before the card expires if it is going to Phoenix and 89 days before the card expires if it is going to Elgin (suburban Chicago). Time travel isn’t a thing with USPS except when mailing from the western pacific rim. Lots of non stop flights from the pacific rim to O’Hare. Sky Harbor: not so much. Among the October 2021 I-751 filers none of us who mailed on day 90 or 89 had any problems.
  15. Out for 181-364 days: likely breaks continuous residency for purposes of naturalization. There have been success stories. Out for 365 days: almost certainly breaks continuous residency for purposes of naturalization. When continuous residency is broken, then if applying under the * 3 year rule the LPR must wait until 3 years less 180 days to file N-400. * 5 year rule the LPR must wait until 5 years less 180 days to file N-400. Filing I-131 doesn’t change this.
  16. This has nothing to do with USCIS. Conditions at airports have not changed at airports since @TBoneTX posted. I’ve seen reports in the past year of aliens on domestic flights get inspected. If the airport is within 100 miles of navigable water, CBP doesn’t even need a reason to inspect you. Of course you should have your full original I-551 when traveling by domestic commercial air. This includes your original extension letter.
  17. Assuming you can’t simply stay in a hotel in the state of IL until your interview, I would; * File AR-11 online on July 1 (exactly 10 days after you move) * Hope USCIS does not take action to move your case before scheduled interview * show up at the interview with your AR-11 and electronic receipts (both the original receipt and USCIS response) and hope they let your have the interview
  18. When you hear hoof beats, think horses not zebras.
  19. She is not required to have a passport to enter the United States. Form I-193 is filled out at the US port of entry when CBP determines that the LPR doesn’t have a valid I-551 for entry into the US. It was Wednesday when you posted and it is now Sunday. Her situation has become worse. Be more afraid of CBP pressuring her to sign I-407 to relinquish her LPR status or if she refuses (as she should) CBP issues her a notice to appear. Action is needed, today: she needs to come home, today.
  20. Is that a question? Now you have a realistic expectation on your own timeline and OP has the tools to get a realistic expectation of OP’s timeline
  21. 3 months or less is highly dependent on field office. Your timeline says Dallas https://www.visajourney.com/timeline/citlist.php?cfl=&op1=3&op2=&op3=&op4=2&op5=5,10,11&op6=All&op7=Dallas TX and https://www.visajourney.com/timeline/citlist.php?op6=All&op7=Dallas+TX&op1=6&op2=&op4=1&op5=5%2C10%2C11&cfl= will give you a more realistic expectation
  22. Isn’t a re-entry permit in passport book like form factor? image says M for multi entry
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