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OldUser

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Everything posted by OldUser

  1. Military service is not applicable to LPRs. Getting out of US tax net is easier as LPR as it doesn't require US citizenship renounciation. In addition, it looks like kids (under 16) are still not required to file taxes as they're probably not earning anything just yet. But if they naturalize, they will have to file in few years the moment they get their first job.
  2. It adds responsibility to defend the US in case of military conflict. It requires filing US taxes no matter where you live. So it does take away few freedoms, while giving other opportunities. @mam521 rightfully noted the kids didn't live in the US and it could add challenges to the process.
  3. @mam521 response included vital information, which is proving the kids actually physically resided in the US. You said you were eligible for N-400. Would you mind giving us a little more information? How long have you physically lived in the US in the last 5 years? Did you have any trips over 6 months in the last 5 years? These are some of the question to establish your eligibility.
  4. You need to instruct USCIS by filing G-28 that old lawyer no longer represents you. You will be representing yourself and all paperwork should go to you. Normally lawyers take over the case. I see no value in using a lawyer just to file a I-765. That's easily done with DIY approach. The value is lawyer representing your I-130 and I-485. But that's just me...
  5. While I agree about post it notes... "Do not use highlighters or correction fluid or tape. The scanners we use will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape." Source: https://www.uscis.gov/forms/filing-guidance/tips-for-filing-forms-by-mail
  6. This is normal. A lot of people seen these ghost updates in various cases. It doesn't mean much, I wouldn't worry about it.
  7. 1. Yes, they can leave after two months. 2. As soon as they receive GC, but it would help to stay in the US for few months before travelling. 3. Staying out of the US for over 6 months breaks continuous residency for the purposes of naturalization. If they only stayed for few weeks in the US and then left for 7 months, this can raise questions. Staying for over 6 months is undesired. Staying for over 12 months is not recommended. There's greater chance CBP will put them in secondary check after 6+ months trip. There's a chance to get NTA if they spend over 12 months overseas. The best plan is to spend as little time overseas as possible. E.g. it's acceptable to have few trips of 6-8 weeks here and there. But if LPR spends more time outside the US than inside, this leads to issue. Before they leave for longer trip, make sure they establish ties to the US - open bank accounts, enroll in library, get state IDs or Driver Licenses, rent a place, get registered with a doctor. All of this will help proving they're planning to reside in the US. After that they can go for a longer trip to wrap things at home. If they come to the US 8 months later, they should not travel again for a while.
  8. No, didn't have to go twice. Congrats on removing restrictions from SS card. Now you can forget about showing GC to employers 😊
  9. These estimates are known to be largely inaccurate. You'd get a better prediction rolling a dice
  10. No harm in including evidence you already submitted for I-751 as long as you add new evidence. In fact, that could elleviate the scenarious "we lost your docs", "we don't have your I-751 evidence". With USCIS, it's very typical to experience left hand not knowing what the right hand is doing. People did both things: some only included new evidence since I-751 filing. Others included everything from start of marriage. It's up to you.
  11. @Californiansunset Here's quote: "U.S. nationals, including U.S. dual nationals, must use a U.S. passport to enter and leave the United States" Read more here: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Relinquishing-US-Nationality/Dual-Nationality.html
  12. The law requires US citizens to leave the US and enter the US on US passport. You can use German passport to enter or leave Germany / EU / other countries. This is why I mentioned allocating some extra time. Getting US passport can take few weeks after applying. After naturalizing, your GC will be taken away. And while technically you can leave the US without US passport (not recommended as CBP now sometimes checks people leaving the US), you cannot reenter the US without the US passport. At least not by plane, maybe by land crossing. Again, not recommended.
  13. I don't believe you have to do anything about it now. Usually approved I-129F expires after some time.
  14. This is not a unique situation. Your sister and niece are US citizens, they do not immigrate, they just move back to the US. Only your brother in law is immigrating. Your sister needs to have a good standing with IRS, probably have a joint sponsor for I-864. She'd need to reestablish life in the US before spouse can immigrate. She'd need to file I-130 for husband.
  15. If no G-28 was sent to USCIS, then your attorney does not represent you. They cannot represent you legally if they don't send G-28. And this explains why you missed the mail. Why didn't new attorney take over the case? Is he / she a real lawyer or a notario?
  16. There are 100 questions you need to study. There's 10 asked. Usually interviewer stops if you get 6 right. Questions like "We elect a President for how many years?"
  17. Yes, I agree, I tend to be on very cautious side when it comes to USCIS. I'm not saying I-131 will be denied because of leaving the US. It may get denied for some other reason. What I'm trying to say: pending or especially denied I-131 is not as convincing to CBP as approved petition. My understanding is, this presents a chance of getting NTA upon return. Only approved and valid I-131 "shields" LPR from getting NTA upon return, if I interpret it correctly. Everything else (pending, denied I-131) - up to CBP. If they have a bad day they could issue NTA since you don't have approval to be out for extended period of time. Somebody had a case not too long ago, and it's sad they never came back to give an update: Either way, I think I contributed as much as I could. Good luck to OP.
  18. If you're willing to take the risk and potentially deal with CBP / immigration court should it come to that, you're more than welcome.
  19. Just because USCIS says you can (on this outdated leaflet from 2013) doesn't mean you should. 1) What happens if your I-131 is denied while you're overseas? 2) How do you convince CBP you didn't abandon your residency if you were out for too long? The most solid proof to use for coming back after long absense would be presenting reentry permit. Receipt for I-131 is simply not the same. CBP doesn't know whether you'd be granted I-131 or not in the future. And while you don't have it, what makes them honor it? Legally, nothing (as far as I understand). I can see a possibility of getting NTA or I-407 upon return if you don't have I-131 approved. Not sure how common this is, but I'll research more...
  20. What I mean is all paperwork around K-1 including notices etc.
  21. She cannot withdraw K-1 petition since I-129F doesn't belong to her. I wouldn't attend that interview. I would collect evidence for that case when the time comes to go to CR-1 interview. She will have to explain everything then.
  22. Once you naturalize in the US (take oath) you can no longer leave or enter US on Reisepass. You must wait in the US to get US passport before leaving. You probably know it, but I'm reminding anybody else reading.
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