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LunaSky

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  1. Like
    LunaSky reacted to EmilyW in Less than 180 days in a year   
    So you're living and working in the UK, but fly to the US when you get time off? 
     
    Is your employer a UK based employer or is it an American based employer?
  2. Thanks
    LunaSky reacted to Family in Less than 180 days in a year   
    There is no risk to your LPR status, given the work related absences and if you are up to a good challenge.. and willing to part w filing fee ..you can try under the 3 year rule as soon as you can count enough days to satisfy 1/2 of 3..
    Then go in packing charm and a little statute research ( plenty available where USCIS lost on its narrow interpretation of marital union)…you may succeed. 
    Worth the challenge if you can risk fee..but this is not a popular opinion on this forum 
  3. Thanks
    LunaSky reacted to Boiler in Less than 180 days in a year   
    I have my doubts that there will be an issure retaining LPR status.
     
    But assuming LPR status is not jepodized that certainly does not equate to meeting the requirements for Citizenship.
     
    You have the 90 day requirement just to start.
  4. Thanks
    LunaSky reacted to Family in Less than 180 days in a year   
    Prior FAM link attached in error 
    Here’s the physical presence info https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4
  5. Thanks
    LunaSky reacted to Mike E in Less than 180 days in a year   
    That shouldn’t be your only worry. You are not spending enough time in USA to retain your green card. You need to be spending more days in U.S. than outside. You need to be spending at least 366/2 + 1 = 184 days 
    And 180 days isn’t enough.  
     
    Inevitably, a CBP officer is going to do some math and give you a warning.  If you then leave the USA without correcting the ratio, you run risk of a notice to appear on your next return.  
     
    Yes.  See:
     
    https://www.visajourney.com/forums/topic/793074-n-400-notice-of-continuance-how-to-prove-immediate-family-remained-in-the-us/
     
    In the above, the applicant for citizenship averaged over 205 days per year in the U.S., and that still wasn’t enough to naturalize without providing additional evidence. 
     
    Regardless, to naturalize you need to be spending the majority of your time in the USA in the 5 years prior to filing N-400, to the actual interview, and to the oath.  Assuming a 5 year period with just one leap year, you need: (4 * 365 + 366) / 2 = 913 days of physical presence. Instead you are tending to 5 * 150 = 750 days.  You are coming up way short and I’ve never heard of this being waived in your situation. 
     
    At the very least you should file I-131 the next time you are in USA  to get a Re-entry permit.  This will protect you from a finding of an abandonment of LPR status.  You don’t have to wait for permit to arrive before you depart. The act of applying for one provides evidence in your favor in the event CBP declares you have abandoned status. 
     
    This will give you some breathing time while you decide what to do about your  LPR status vs your job.  
     
     
  6. Thanks
    LunaSky reacted to Family in Less than 180 days in a year   
    You need to apply under 5 year rule and count 913 days of physical presence. Don’t apply under the 3 year rule because you risk not meeting the under the same roof test of marital union and USCIS often uses the very limited interpretation of sleeping under same roof.
     
    https://fam.state.gov/fam/09FAM/09FAM020102.html
  7. Thanks
    LunaSky reacted to Boiler in Less than 180 days in a year   
    It will delay until you can apply.
  8. Like
    LunaSky reacted to kirilllazebnik in receive the green card after arrival, share your OS155A status   
    Jan 4th: POE at Newark airport, NJ with CR1 visa
    March 12th: received physical GC by mail at our residential address in TX.  
     
    So it took 68 days from POE to receipt of GC. 
  9. Like
    LunaSky reacted to trac3rt in receive the green card after arrival, share your OS155A status   
    hello!
     
    A quick update:
     
    Feb 13, 2022 - POE (El Paso)
    Feb 14, 2022 - Paid Fee
    Mar 13, 2022 -  Status update "Card is being Produced"
     
  10. Like
    LunaSky reacted to Fr3edom21 in receive the green card after arrival, share your OS155A status   
    Today Sunday 3/13/2022 we received up update on their cases:
    -------------------------------------
    "On March 13, 2022, we ordered your card to be produced." 
    ----------------------------
     
    So it took 5 months for my mother in-law and 3 months for my father in-law.
     
     
     
    Fr3edom21
  11. Thanks
    LunaSky reacted to Mike E in CR1 visa but entered after 2nd anniversary   
    Your green card number is your alien (aka USCIS number).  
     
    Not all alien numbers are green card numbers. 
     
    Your green card number should be the same as the immigration visa’s registration number.  
  12. Thanks
    LunaSky reacted to Crazy Cat in CR1 visa but entered after 2nd anniversary   
    If you checked the box on the DS-260 for a SSN, then the card should be sent to you automatically in a few weeks to a few months.
  13. Thanks
    LunaSky reacted to Chancy in CR1 visa but entered after 2nd anniversary   
    *** Moved from IR1/CR1 Process & Procedures to Moving to the US forum -- OP is done with the visa process ***
     
     
    Well, you already have a GC, although a temporary one, right there in your passport.  Your visa + the CBP stamp serves as your GC for 1 year after entry.
     
    If you checked the DS-260 option to apply for SSN, you may get it long before your plastic GC is mailed to you.  SSA usually mails it a week after US entry.  If you do not receive your SSN card in the mail a month after POE, book an appointment at an SSA office to apply for SSN in person.  You do not need the plastic GC to do so.
     
  14. Thanks
    LunaSky reacted to Mike E in CR1 visa but entered after 2nd anniversary   
    Agreed and note that filing I-90 is both free and can be done online.  
  15. Thanks
    LunaSky reacted to Verrou in CR1 visa but entered after 2nd anniversary   
    i will wait until the green card arrived and look at the expire date before you do anything 
     
     
  16. Thanks
    LunaSky reacted to Allaboutwaiting in CR1 visa but entered after 2nd anniversary   
    You could go to your nearest deferred inspecting point to check what was input in the system and get anything corrected if needed. 
     
    In case you are issued a 2 year GC you can file an I-90 -no fee- and get it corrected (though hope that's not necessary).
  17. Thanks
    LunaSky reacted to Crazy Cat in CR1 visa but entered after 2nd anniversary   
    What the CBP agent stamped is irrelevant.  He/she does not determine whether you receive a 2 year card or a 10 year card.  Your card will be determined based on your record of marriage and date of entry.  However, the lady you spoke with is wrong.  You do not require a change in status.  If you receive a 2 year card in error, just fill in an I-90 for USCIS mistake to receive a corrected card.  
  18. Like
    LunaSky reacted to arken in What's next?   
    Best decision. Sometimes the CBP officer doesn't care or listen to what you said and still mark as CR1. No need to argue. As long as the entry date is correct, you should get 10 year card. By mistake if they send 2 year card, you can have it replaced with 10 year card for free.
  19. Like
    LunaSky reacted to Crazy Cat in What's next?   
    1.  Go here to pay: https://my.uscis.gov/uscis-immigrant-fee/
    2.  No, you just need the  information on the visa.  You could even pay after entering the US, although paying before you travel is better.
    3.  If entering the US after the 2 year anniversary of your marriage, you should receive a 10 year card.
    4.  Once you have entered the US, your stamped passport will serve as a temporary Green card until the plastic one arrives.  If you marked the box on the DS-260 to receive a SS Card, it should arrive in the mail automatically.  You should be able to get a DL with your stamped passport, but some state DMVs might want to see the actual Green Card first. 
  20. Like
    LunaSky reacted to Dashinka in What's next?   
    Not sure about 1 or 2, but for 3 , if you do enter the US after your 2 year wedding anniversary, then you should get the 10 yr GC with no need to deal with removal of conditions.  As you said, remind the CBP officer and have a copy of your marriage certificate to prove this.  If for some reason USCIS issues you a 2 yr conditional GC, you can get it fixed at their expense.  As to 4, once you enter and CBP endorses the spousal visa, you will already have a temporary GC good for 12 months.  You may want to wait a week or so though before going to the SSA for a SSN, then once you have that you can do the DL.
     
    Good Luck!
  21. Like
    LunaSky got a reaction from GeorgiaRoseyRose in London Medical   
    Thanks hun 🤗
  22. Thanks
    LunaSky reacted to GeorgiaRoseyRose in London Medical   
    I remember it being directly opposite The Coach Makers Arms Pub on Bentinck street but you'll receive an email from the London Visa Medicals with a photo of the building
  23. Like
    LunaSky got a reaction from P055UM in London Medical   
    Many thanks...
    That's the address I got.... 
    Cheers xxx
     
  24. Haha
    LunaSky got a reaction from Saqib-s in IR or CR   
    London
  25. Thanks
    LunaSky reacted to arken in IR or CR   
    This one. 
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