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OldUser

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Everything posted by OldUser

  1. There's no way I-751 would be "canceled out". In fact, I-751 must be approved for N-400 to be approved. Here are some possible scenarios when having both I-751 and N-400 pending: - You get I-751 approved without interview, then get N-400 interview - You get I-751 interview first, and then N-400 interview at a different day - You get N-400 interview, and you pass it but decision cannot be made due to pending I-751 - You get both I-751 and N-400 interviews on the same day (combo). Most people hope for first or last scenario. The first one is unlikely if you apply right when you become eligible on 3 year rule, because I-751s take forever nowadays.
  2. You can always go visit family twice a year for 5 months collectively. One more thing to consider is political situation in Europe in recent years. By having a US citizenship, you'd have a plan B for staying further from Europe should anything change for worse.
  3. Don't forget about foreign income exclusion: https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion Unless you're income is amazing for Europe (well above $120K per person), I wouldn't worry about taxation too much. Also, don't forget, even now you're taxed worldwide as LPR. Even if you abandon residency, your spouse will be double taxed as a US citizen.
  4. Yes You will likely lose GC What if it takes 3-5 years when you apply in the future? The backlogs are growing and processing times only get worse historically.
  5. I'd listen to lawyer's advice. You can start on W-2, work for a year or two and reevaluate at later stage. As LPR and W-2 employee myself, I can reassure you, the taxes and health insurance are already complex and only get more difficult on 1099. Being new in the country, I would start with W-2 even if I had 1099 as an option.
  6. In certain scenarios yes. But also, consider the costs that your employer will pay for VS potential tax savings if you're self employed. It's not always straightforward. W-2 employees often receive benefits like health insurance, retirement plans, and paid leave. Contractors typically do not receive these benefits and must arrange them independently. It depends whether tax savings are going to be sufficient enough. I personally won't work under 1099 if I only saved few thousands a year in taxes. Time spent on admin work would not be worth it.
  7. What matters to you? W-2 employees typically have more benefits and protections, such as health insurance from employer. As self employed, you'd have to arrange it and pay it yourself. I'm not a lawyer, but AFAIK, you can go either route. I'd stick to W-2 for the first few years of living in the US, so you have less administrative work.
  8. I'm not saying they'll deny you 100%. But CBP can deny any tourist from entering the US, they have the right to. You should definitely bring some documentation with you.
  9. I'd do it at the time of entry to the US. Be prepared that you may be denied entry when you give up LPR status, since tourist entry is a CBP discretion.
  10. Did you file I-407 when you left the US? When did you apply for ESTA? When you applied for it, was there a question about LPR status?
  11. Sounds like a logical plan, good luck! I hope it works out.
  12. A US passport is not always a proof of US citizenship. I know it sounds ridiculous, but sometimes it's given out in error. There was a recent case about a guy who had a US passport for most of his life but turned out to be not a US citizen. The consulate officials may slow walk this inquiry and hope that you'll give up. They may not want to take responsibility making a decision in a difficult case. I hope you don't waste time dealing with them, then involving congress person and ending up going to a lawyer who can take that responsibility proving your child is a citizen by providing evidence and citing INA. Either way, let us know how it goes.
  13. I doubt the consulate has any interest doing the legwork for you. If I was in your shoes, I'd hire a good immigration lawyer to do the research and prove the child is indeed a US citizen. Then file N-600K (if child resides outside of the US) with sufficient proof.
  14. There's no way of knowing. Also, you should live in the new state for at least 90 days to be naturalized there as far as I know.
  15. Same field office? With USCIS nothing matters - online status, verbal approvals are unreliable. Only when you get the immigration benefit there's some certainty.
  16. Congrats! Which service center did you have and when did you file I-751?
  17. Is your caae starting with IOE? Did you list your USCIS account (yours, not US citizens, and not just your alien number) in I-751?
  18. I wouldn't worry just yet. According to processing times, 80% of cases take 7 months in San Jose FO - https://egov.uscis.gov/processing-times/ So you're only delayed by few weeks so far, as 7 months would have been the end of December 2023. It may take few more months. After a year of waiting you can probably file WoM.
  19. First of all: - I-131, not 1-131 - I-485, not 1-485 Your AP may have been denied because you're very close to receiving GC. Expect it to happen in February / March 2024. Unless you have inadmissablity etc.
  20. Based on info in other threads, you filed N-400 in August 2023, not 2022? If filed in August 2023, it's still early to bug USCIS. It's also a bit early to bug regarding I-751 that you filed in August 2022, since most of I-751s take 20+ months nowadays.
  21. Let us know if you get some more insight after FOIA results are available. Good luck!
  22. https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act Be aware that filing FOIA may slow down the N-400 case itself!
  23. Are you sure your N-400 wasn't denied? Missing biometrics appointment deadline by over a year could have resulted in denial. I wouldn't believe the online status 100%. I'd file FOIA to find out what's going on with the case.
  24. You should absolutely do it to ensure IO is aware of pending I-751. It would never hurt. Do not include original ROC extension letter, only a copy. There were cases when IO only found out about I-751 pending at the interview, and they got frustrated about it. Cannot find links, but it was on VJ.
  25. It's a lottery. It applies to all sort of cases with USCIS. My friend got I-751 approval 4-5 months earlier than me, even though his case was filed 3 weeks later than mine. I didn't have RFEs or anything else. Cases around mine were also delayed by several months for no apparent reason. Having expectation to have your case adjudicated faster than standard processing time doesn't help. Are you ready for the interview and civics test if you were called for it today? If I was in your shoes, I'd ensure I studied everything and was prepared.
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