AKN2

1 hour ago, kzielu said:

 

Did you have income in 2023 elsewhere ? If yes, you have to declare it (and you may fall under foreign income tax exclusion and not pay any tax to IRS). This will also make things easier (if you do file tax return) when you file N-400 and have to answer the question about whether you have ever not filed a tax return...

I worked last year from January to August 2023 in India. I only became an LPR in June 2023. My income was (roughly) less than $9k in INR for these 8 months. Do I have to declare it? Also, since I will be filing MFJ along with my husband, will I still be asked why I didn't file taxes when I file N-400?

3 minutes ago, nastra30 said:

Yes, you don't have to file separately if you and your husband continue filing as MFJ. MFJ is one tax return filing for you both. 

Great! Thank you so much. Appreciate your input.

52 minutes ago, nastra30 said:

my husband and I.

Good point

To clarify, we will continue filing as MFJ. So does that mean I don't have to file separately if we continue filing as MFJ? Pardon my confusion and ignorance; I'm used to the Indian tax system and this is very new to me.

Hi, fellow VJers!

I moved to the US in September 2023 on an IR1 visa. I have recently (April, 2024) started working here.

My husband has been filing his taxes as MFJ for the last few years and I have always signed the docs. He says I don't need to file taxes this year as I had no US income until now. Is this true? And if I do need to file despite having no income, is it too late to do so? Will it create a problem if I file now?

Your advice is much appreciated.

21 minutes ago, Redro said:

It might work it might not. 
The issue is you are not living with your husband for 10 months.

Some USCIS locations need the N400 applicant to be LIVING with their partner IN THE SAME LOCATION for the entire 3 years. You will need to explain the break… Explain why your situation is unique and that you had no choice but to be separated from your spouse during this time… 

This is why you need to make sure your ties to the US are strong… waiting another 10 months might help the situation but it might not… 

5 year rule will be easier… is getting citizenship really important to you? More important than the 10 months back home? 

I understand. Guess I'll prepare myself to wait out the full five years if necessary.

A quick follow-up question, folks - If I get the reentry permit and stay outside for 10 consecutive months, will that delay my N400 application by 10 months? Or can I still apply on the original date, as planned? And before y'all pile on me 😆, this assumes I have all the marital relationship evidence I need under the 3-year rule.

10 minutes ago, Redro said:

I’m not sure about the state you live in… but people without a drivers license here in Michigan can get a State ID card… you can research maybe getting something like that as it will have the shared address… 

I live in Texas. State ID card sounds like the perfect solution, thanks a lot!

1 hour ago, Rocio0010 said:

Be careful with your wording. You are worried about your timeline, but you yourself are saying you will "visit" the US.

 

Looking at your post history, the fact that your name isn't on the lease and you don't have a joint bank account PLUS the domestic violence charge do not guarantee a successful outcome for N400 under the three year rule.

Thank you for the input. I meant "visit" as in I will be here for 3 weeks only before going back for another 5 months. We're working on the other things (getting my name on the lease, joint bank account, etc) and they should be done soon. Honestly, I've just gotten around to thinking about the future and the things I will need for a successful N400 application 3 years down the line. Also, I don't drive (poor eyesight) and don't have a job yet, so things like driver's license and bank account have been kind of "suspended." But we're getting on to them, one by one. The replies to my post have been very enlightening, thank you. 

12 minutes ago, reddishradish said:

From what I have read on the USCIS website, once they take your biometrics, you can request to receive it in the US Embassy, consulate or DHS of the country you'll be visiting. You still have to file it here in the US and wait for the biometrics appointment. Not sure about the timeline - some say it takes 6-8 weeks to get an appointment.

Thank you for the info. I'm applying for a reentry permit just to be safe. 

3 hours ago, mam521 said:

Agree with @OldUser - you have to be physically present in the U.S. for 18mo in the preceding 3 year period before applying.  If you are out of country for more than 6 months, it will be presumed that you've broken the physical presence rule.  If you plan to be gone for 10 straight months, I would highly recommend applying for a re-entry permit.  

 

You are going to have to build a stronger case for ties to the US and a strong marriage.  Your current evidence, as you stated it, is pretty weak.  

 

You may want to reconsider applying under the 3 year rule and apply under the 5 year rule.  You need 3 years (913 days) of physical presence under the 5 year rule and won't be required to prove your marriage is legitimate and strong in the same way you do for a 3 year filing.  

How long does it currently take to get a reentry permit approved? I'm assuming I can't leave until it gets approved...? I intend to be out of the US in 2 five-month blocks, just so I don't have trouble getting back in. Do you think that'll work? I'm fine filing at the 5-year mark if there's a chance of denial at 3 years. 

3 hours ago, Redro said:

I suggest you file for a re-entry permit. 
Even though you plan to come back for three weeks at the 5 month mark… things could change where you cannot come back to the US. 
This will protect you from the break of residency requirements.

It has happened before where someone plans to return before they have spent 6 months out of the country but then unexpected things happen and they cannot return until they’ve been outside the US for 11 months… 

@OldUser makes a good point about marital union. What type of evidence will you submit to show marital relationship while you are not living together? 

You're right, except  I read somewhere that it's taking 6 months for reentry permit approval and I need to go to my home country by May. What kind of marital relationship evidence can I gather while living apart? 

3 hours ago, OldUser said:

1. At the time of applying for N-400 under 3 year rule would you have at least 18 months of residing in the US in the last 3 years as LPR?

2. That's where the issue may be. Some immigration officers will interpret marital union rule very strictly. With you and your husband being apart for some time, they may claim this rule was broken, making you ineligible for N-400 under 3 year rule

3. Again, this is where the issue may be. Having just a phone is not strong evidence of keeping ties to the US. Lease, bills, banks may needed. Do you have driver's license with your current adrress?

 

Also, for N-400 under 3 year rule you may need to open a joint bank account and start using it sooner rather than later. You need to show you share finances with your spouse, even if you don't contribute to it right now due to no income. Do you file taxes jointly?

 

TL;DR If you want to have a go, you can. You may lose filing fee and would have to reapply under 5 year rule. This is not a legal advice

 Is that 18 consecutive months? Hopefully, I will have that before I file.

As for the rest - lease, bank accounts, bills - I'm working on those things one by one. Just got started. Right now, I'm mainly worried about keeping my GC. I don't really care if I have to file at the 5-year mark, though 3 years would be nice. Thank you for the pointers.

2 minutes ago, OldUser said:

- Will you have enough physical presence in the US when applying for naturalization?

- Will your US citizen spouse be with you all this time? Remember marital union part when filing under 3 year rule

- Will you keep properties, accounts, other ties to the US while away?

1. Not sure what you mean. Should I automatically add another 10 months to my timeline before I apply for naturalization? Or can I apply on 09-28-2026, as originally planned, despite being out of the country for 2 five-month blocks?

2. My husband will be in the US during this time but he might visit.

3. As of now, my name isn't on the lease, but we will be keeping my US phone number active. I don't have a job or bank account yet. Should I open a bank account even though I don't have any income yet? What other ties can I show?

Hello, VJers!

So, I got my 10-year marriage-based GC and entered the US on 09-28-2023. I will be eligible to apply for citizenship on 09-28-2026 under the 3-year rule. I must, however, return to my home country for 10 months, from May 2024 to March 2025. I intend to visit the US for approximately 3 weeks in October 2024, which means I will have been out of the country for less than 5 months. And then go back for another 5 months. Will this circumvent the continuous residence requirements or simply set my application back by another 10 months? Will I have a problem reentering the US the second time?

My minor daughter is a US citizen who was born in India and had a valid OCI card until last year. She has always lived in India. Unfortunately, there was a delay in renewing her US passport when it expired and now there is a 2-month gap between her current and previous passports, which led to them rejecting her OCI renewal application.  Indian FRRO told us that we would have to apply for a fresh OCI card, but, before we do that, it is mandatory to apply for a visa extension on indianfrro.gov.in. 

Can someone please guide me through the process? The website is a little confusing. What visa should I opt for after selecting the Visa Extension option? 

Also, is it okay if we simply get the visa extension and travel to the US, without applying for a fresh OCI card?

Any advice is appreciated.

1 minute ago, YasArr said:

Didn't you got 221g at interview?? Or they gave second 221g after a year?? 

I got a white sheet of paper 221g at the interview. Then they sent what they called a 221g letter one year later with the above-mentioned instructions. The names can be a little confusing.

17 minutes ago, YasArr said:

There is a lot of difference between my sister and her husband. First  is age difference,  education difference and last the culture difference as her husband is white American. Thanks for your reply. 

I think you have the reason for AP right here. They need to investigate whether this is a genuine marriage. That's why they haven't requested any documents. Also, Mumbai is a high fraud consulate, so they are extra vigilant about potential red flags. Nothing to do but wait and hope. 

I got an email that said, "Our office has sent a 221g letter on May 16, 2023, via the Visa Application Center (VAC), upon receipt of the same, please follow instructions mentioned there-in for timely processing of your case." I had to collect the 221g letter from Blue Dart in my city. This letter instructed me to submit a fresh PCC and medical as well as my passport. The passport was returned in less than a week with the visa stamped.

We had a complicated case so AP was kinda expected. We got a white 221g slip but no documents were asked for. I've heard that the date is updated every time someone looks at the case. I would take it as a good sign because in our case, the date didn't change until a year after the interview. Hopefully, there will be some action on her case soon. Also, the officer clearly didn't like me while she was super friendly to others who came before me. Or maybe I'm being hypersensitive. Does your sister have any issues with her case?  

I interviewed in Mumbai and was put into AP for a year. Contacting your senator, sending follow-up emails to USCIS, or hiring a lawyer is fruitless. All she can do is wait for the decision no matter how long it takes. There's really nothing she can do at this point, and the sooner she is resigned to waiting, the easier it will be. All the best to your sister!

1 minute ago, Crazy Cat said:

Normal.  Congratulations.

Thank you!!!

Just thought I should let my VJ friends know we got the visa! Our immigration journey has finally ended. I'm super grateful to all of you who took out time to read my post and pitch in with your advice and comments. Thanks a ton, peeps!

BTW, we did not get an IV packet, just the passport with the visa. Is that normal? 

Get a fresh medical report, scan it, and upload it on CEAC. Next, drop off your passport, medical, the original 221g letter which you have received and 2 copies of the document submission form to a dropbox location, along with Rs 650 in cash. As they have mentioned, you do NOT need to schedule an appointment at the dropbox location. Just go when everything is ready.

Also, no need to upload passport on CEAC. It's quite simple, really.

5 hours ago, Jot18 said:

Here is the official list from US embassy website: https://www.ustraveldocs.com/in/en/drop-off-locations

 

Thank you. Some websites are showing a different address, hence the confusion.