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treppenwitz

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  1. Like
    treppenwitz got a reaction from amrinkaur in General Information regarding Naturalization   
    Either way is fine. I personally recommend online.
    Depends on your local office: https://egov.uscis.gov/processing-times/
  2. Like
    treppenwitz got a reaction from Matthew49 in Travel after K1? Or do it before?   
    without starting anew with the IR-1/CR-1.
  3. Like
    treppenwitz got a reaction from NikLR in W8 BEN what on earth?   
    Yup. But many bankers don't know this and are stubborn.
  4. Like
    treppenwitz got a reaction from Abbey B in April 2019 AOS Filers(merged)   
    [Déjà vu]
  5. Like
    treppenwitz got a reaction from millefleur in Travel after K1? Or do it before?   
    without starting anew with the IR-1/CR-1.
  6. Like
    treppenwitz reacted to junkmart in After 10 years' punishment- Después de 10 años de castigo   
    I think once you have served a 10 year ban outside of the US, you are free to apply to enter the US. I do not think you need to request a special forgiveness.
  7. Like
    treppenwitz reacted to Wuozopo in W8 BEN what on earth?   
    It has nothing to do with your employment when the bank asks for it. Banks often pay interest on money in the account. They report at the end of the year the total interest paid (on form 1099-INT) and it goes on the tax return and is taxed. Same thing happens when you earn dividends or other investment income. 
     
    So for a foreigner, there is a legal requirement that the bank hold out 30% of the interest earned and only put 70% in your account. That's in case you don't file a tax return. The bank is treating you as the standard foreigner because you really have nothing that says you are authorized to remain in the US. You have an I-94 which allows you only 90 days. It's typical of "how do we handle a K1 who is a resident but not really." The bank is not an immigration specialist and is just trying to do their mandated paperwork.
     
    i believe the bank would be off the hook if you provided a W-9 on which you provide your SSN, and certify by signing that it is your correct SSN and you are not subject to that 30% withholding. An individual doesn't not need an exemption code. You just state your are not required to have backup withholding. If the bank wants more info about why exempt, have your husband explain that as a person married to a US citizen, the IRS will treat you as a resident alien for tax purposes and allow you to file a joint return even if you lived at the North Pole.( IRS Publication 519) 
     
    It's just paperwork. In reality your husband as the primary account holder would have the interest reported to the IRS on his SSN anyway. And even if the bank held out 30% of the interest earned, it would amount to pennies. Interest earned on a checking account is not very high. Now if you also held a big CD at the bank at a higher rate of interest it might be a few dollars held back. Big deal. And they don't keep your money, but send it to the IRS. It's kinda like when an employer holds out money for your taxes. When you file a tax return, it all gets sorted and anything over paid would be refunded. 
  8. Thanks
    treppenwitz got a reaction from NYC-AB in Does an AOS EAD supersede an F-1 OPT EAD?   
    ^^This. Both EADs will be valid.
  9. Like
    treppenwitz got a reaction from geowrian in I-765 and Social Security Number   
    The I-485 packet* can only be filed by mail, not in person. The packet is to be sent to the Chicago Lockbox: https://www.uscis.gov/i-485-addresses
     
    *It's recommended to also include Form I-765 and Form I-131. Both forms are free to file in her case.
  10. Like
    treppenwitz reacted to payxibka in I-134 (02/13/19 version) Questions   
    Does not matter for a k1.
     
     
  11. Like
    treppenwitz reacted to payxibka in Biometrics --> EAD... How long did it take?   
    Just understand that "volunteering " is not automatically not considered working.
     
     Going to a job interview is ok.
  12. Thanks
    treppenwitz got a reaction from Market in Travel after K1? Or do it before?   
    Not difficult. Just more wait time (about 14 months) and money (about $1100 more) as they would start anew with the IR-1/CR-1 process.
  13. Like
    treppenwitz reacted to Roel in Travel after K1? Or do it before?   
    No.
    She cannot travel until she applies and receives either Advance Parole or Green Card. 
    Means at least 4 to 6 months being stuck in the US. 
     
    I mean she can leave but she cannot return to the US then. 
  14. Like
    treppenwitz reacted to K1visaHopeful in My POE was Dublin, do I just leave state blank on my AOS form?   
    I arrived through preclearance in Toronto, Canada. This is what I did:


  15. Like
    treppenwitz reacted to Boiler in Married overseas now seeking divorce   
    Divorce law is State specific.
  16. Like
    treppenwitz got a reaction from geowrian in Please help clarify what to do about AOS off a visa waiver :-)   
    Key takeaway:
    https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/
  17. Like
    treppenwitz reacted to geowrian in Please help clarify what to do about AOS off a visa waiver :-)   
    Rarely the IO may ask about what they told the officer at CBP. That's about the closest thing I've heard.
    Even then, intent alone is not a reason for denial as the IR of a USC, plus intent was established at POE.
     
    Unless somebody says something along the lines of "I lied to CBP so I could stay in the US instead of interviewing abroad", they'll just move along like every other case.
     
    The reference was to a so-called 90 day rule that presumes misrepresentation if you file for AOS within the first 90 days of entry.
    Said rule does not exist at USCIS, which is the entity that handles AOS cases.
    It's not about the 90 day duration of stay.
     
    Can't enforce a rule that doesn't exist.
  18. Like
    treppenwitz got a reaction from geowrian in I-765 and Social Security Number   
    Which one?
    Biometrics notice:

    Or; interview notice:

  19. Like
    treppenwitz reacted to carmel34 in Please help clarify what to do about AOS off a visa waiver :-)   
    If working is important to you, then your other option is to file for a CR-1 spousal visa and return home to wait out the process and continue working in your current job.  It takes about a year but the time goes by quickly when you're working.  The downside of a CR-1 is being apart for a year but you can continue to do short visits in the US, or your spouse can go and visit you, this makes the wait bearable.  And the big benefit with a CR-1 is that you can work immediately on arrival in the US, no six month wait doing nothing.  Just so you know all your options.  Good luck!
  20. Like
    treppenwitz reacted to geowrian in I-765 and Social Security Number   
    Yes, you will get an SS card / SSN. That card will require an EAD to actually work. The I-765 will grant an EAD once approved. Employers will need to see the EAD for the I-9.
    Once she gets a green card, she can use that...no more need for the EAD.
    I also suggest filing an I-131 for AP so she can travel abroad and return (once approved). There's no additional fees for either the I-131 or I-765 when filed alongside or due to an I-485.
     
    Just to clarify, the I-485 is AOS. The wildly overly simplified process is:
    1) File I-485 packet
    2) Biometrics obtained at an ASC.
    3) Interview
     
    While not exactly pertinent to your question anymore, which step are you on / between in the list above? This may help with future questions.
    Or alternatively update your VJ timeline.  
  21. Like
    treppenwitz got a reaction from geowrian in I-765 and Social Security Number   
    Both the card and number are restricted:

    After the interview ask for an I-551 stamp in the foreign passport:

    Or she can wait for the Green Card. Both are List A documents: https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents
    I recommend to also go to the Social Security office with one of the above and remove the restriction.
    Almost. AOS interview is upcoming Monday.
  22. Like
    treppenwitz reacted to Crazy Cat in Filing K1 From Abroad   
    Then, they aren't competent immigration attorneys.......
  23. Like
    treppenwitz reacted to Crazy Cat in Filing K1 From Abroad   
    Your attorney was possibly very wrong........
    Every couple has their own priorities, and each couple must decide which visa is better for their situation.
    K-1
        Slightly faster arrival in the US (currently about 3 months sooner)    
        More expensive than CR-1    
        Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
        Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
        Spouse can not work until she/he receives EAD (approx 5-6 months)    
        Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
        Spouse will not receive Green Card for many months after Adjustment of Status is filed.
      
    CR-1
        Slightly slower arrival in the US (currently about 3 months later)
        Less expensive than K-1    
        No Adjustment of Status(I-485, I-131, I-765) required.    
        Spouse can immediately travel outside the US    
        Spouse is authorized to work immediately upon arrival.    
        Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
        Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
        Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
       
  24. Like
    treppenwitz got a reaction from Naes in I-765 and Social Security Number   
    Both the card and number are restricted:

    After the interview ask for an I-551 stamp in the foreign passport:

    Or she can wait for the Green Card. Both are List A documents: https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents
    I recommend to also go to the Social Security office with one of the above and remove the restriction.
    Almost. AOS interview is upcoming Monday.
  25. Like
    treppenwitz got a reaction from geowrian in I-765 and Social Security Number   
    I assumed that card is the SSN card.
     
    Either way, OP should clarify.
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