
JKLSemicolon
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Everything posted by JKLSemicolon
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I-751Filing fee question
JKLSemicolon replied to alegra's topic in Removing Conditions on Residency General Discussion
Despite @flicks1998’s data point to the contrary, in cases where biometrics are reused (which can’t be known ahead of time), a packet that doesn’t include the biometrics fee as specified in the instructions could just as easily be returned without being accepted or processed. This happens frequently when USCIS determines that the correct filing fee wasn’t included. -
In my opinion the paper trail is also useful for any future filings. When we refiled after abandoning the I-485 I included (as additional/unsolicited evidence) both a copy of my letter to USCIS as well as their response, and mentioned it briefly in a cover letter. Connecting the dots yourself in the most succinct way possible will be faster than waiting for someone else to discover it on their own, and will also prevent mistakes (which would only end up hurting you anyway). If you’re interested, the relevant statute that USCIS cited in their correspondence is here: 8 CFR 245.2(a)(4)(ii)(A)
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I-751Filing fee question
JKLSemicolon replied to alegra's topic in Removing Conditions on Residency General Discussion
To put it simply, the calculator is correct (assuming you answer all of the questions accurately). -
We went through this back in 2020-2021 (beneficiary left the country before receiving Advanced Parole and started over with the I-130). See my profile/timeline for more details. I, as the USC, went ahead and sent a letter to the service center listed on the receipt notice for the I-485 notifying them that we were planning to pursue a spousal visa instead. While that wasn’t strictly necessary, they did mail a prompt response addressed to my wife confirming the abandonment of the petition to adjust status and citing the relevant statute. Edit: after seeing your recent reply, while the I-485 is already on track to be denied due to the departure from the US, it doesn’t hurt to notify USCIS about the abandoned petition. My view is that it helps avoid any wasted time that could be spent reviewing other petitions.
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K1 Fiance Visa My Wife disappeared and is unresponsive. Found out from sister that she is having an affair with her co worker and intended just to stay with me until she she saved some money and then move out in an apartment with him. Also charged $10K me
JKLSemicolon replied to Nazim and Debbie's topic in Effects of Major Family Changes on Immigration Benefits
Would there not also have to have been a joint interview for the I-485 more often than not? Not sure how often those have been waived during the period that this would have (presumably) been approved. @Nazim and Debbie based on some of your responses here, it would probably be good to seek out some free or low-cost consultations with attorneys in your area. No offense but you do not seem prepared to handle this by yourself and with divorce on the horizon you will need a lawyer regardless. -
Since you know that the tax return was filed without reporting a significant amount of income, then amending it seems appropriate to correct that. As for how to report it, without knowing more details the possibilities might include asking the employer to provide a W-2, reporting it on Form 4852 (if the employer will not provide a W-2), or reporting it as self-employment income; in the end it would be advisable to consult a tax professional to be sure. In order to calculate the actual amount to report, you would have to go back through whatever records are available. Records like bank statements wouldn't necessarily be sent with the (amended) tax return but as with anything you report on a tax return, you would want to have documentation available in case of an audit. Spreadsheets are useful for this. Did you have authorization to work during the time that income was earned?
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USC passport expired
JKLSemicolon replied to Jawaree's topic in Passports, etc. - What to do now that you are a US citizen
Without knowing any more details, the only suggestion would be to try to make an emergency/urgent in-person appointment for renewal: https://travel.state.gov/content/travel/en/passports/get-fast/emergencies.html (if applicable) or https://travel.state.gov/content/travel/en/passports/get-fast/passport-agencies.html Edit: this assumes the family member is currently in the US, which was not specified. -
An emarrasing and personal admission
JKLSemicolon replied to Brian Swartz's topic in Emigrating Outside the US
Sorry if this sounds like an obvious question, but have you been to Vietnam before? By all means do your research online beforehand, including both official government sources and online expat communities (as was mentioned, VisaJourney is mainly about immigration to the US and not the other way around), but also consider taking an initial trip to visit, get to know the country more (if applicable) and/or gather more information about the immigration process while on the ground there. And if you go that route, maybe a good first step would be to read the information provided by the Embassy/Consulate(s) of Vietnam in the US. -
Depending on your work situation, it may also be possible to increase your AGI for these purposes by minimizing pre-tax deductions from your paychecks (e.g. contributions towards various benefits). Even if uncomfortable for you, it might also be worth approaching a few more people about joint sponsorship; the worst they can say is no. In any case, if your wife and stepdaughter are now out of status you need to resolve the income issue and resubmit the I-485 package ASAP.
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As was mentioned, give it a little time and the status should hopefully update to something more accurate. Not much else you can do in the meantime other than be patient and optimistic.
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The change of address form has nothing to do with your work situation or income, which is why I think you may still be confused. As was mentioned earlier in the thread, change of address should be filed with USCIS as soon as possible when moving during the immigration process. Which form you submit depends on whether you are the noncitizen or citizen (to use USCIS terminology), but for married couples who change address it generally means one person files the AR-11 and the other files the I-865.
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You may be confusing the I-865 (Sponsor’s Notice of Change of Address) with the I-864 (Affadavit of Support). Cases here commonly involve a foreign spouse beneficiary married to a US citizen sponsor/petitioner, and in that case the change of address needs to be filed by both. The foreign spouse beneficiary completes the AR-11 (Alien’s Change of Address) and the US citizen sponsor completes the I-865 (Sponsor’s Notice of Change of Address). You’ll have to decide whether that applies to you.
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Technically you only need the extension letter if you are out of the country after the expiration date on the GC. Either way, it would seem prudent to file early rather than at the last minute for several reasons: - If for some reason there is a problem with the first submission, you still have time to refile before the deadline; - Better to have the extension letter in hand just in case travel plans change; - Better to have correspondence from USCIS arrive when you are in the US to receive it versus out of the country; - Peace of mind.
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Perhaps @Mavus101 made a typo, but since they haven’t completed their VJ timeline it’s hard to tell. @Mavus101, is the Resident Since date on your green card within two years of your marriage date? According to what you wrote in your earlier post (married in 2018 and entered in 2021), you would have been eligible for a 10 year GC.
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How many pages are in that scan? Ours only shows a random selection of 25 pages, and I have heard the same from others here. As for your question, we are planning to submit additional unsolicited evidence as time goes on, maybe every 6 months or so. It would just be evidence similar to what was included in the original packet, accumulated from the filing date onward. I am sure that we’re in the minority with that but my feeling is that it won’t hurt and might help.
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I know someone who did exactly that, moving to the US as a citizen in their 40s with family in tow after being born in the US, leaving as an infant and never going back in between. Of course, that made them a natural-born citizen as opposed to a naturalized citizen which I think this thread was presumably about.