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OldUser

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Everything posted by OldUser

  1. Yes, it's possible go get an officer who will be very strict on language requirement. However, you have a year to prepare. You can go through every single word on forms and civics test given it's one year. Could even go to English class / get a tutor to help studying for this if you can afford and don't have time to work with spouse.
  2. What evidence are you planning to provide? N-400 under general provision doesn't require much
  3. Here's recent update to USCIS policy manual. https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-4 If the initial filing does not contain sufficient evidence to demonstrate eligibility by the appropriate standard of proof, USCIS either issues a Request for Evidence (RFE), issues a Notice of Intent to Deny (NOID), schedules an interview, or denies the petition depending on the facts and law. For instance, USCIS has discretion to deny a petition without issuing an RFE or NOID if there is no statutory basis for approval or for failure to submit initial required evidence.[2] However, USCIS must provide the petitioner with sufficient detail of any derogatory information that is unknown to the petitioner when USCIS intends to take adverse action on a family-based petition (through a NOID, RFE, or interview). This is mostly for AOS, but I'm sure N-400 is somewhat affected too. You can decide what you want to do.
  4. It's nothing special. Recently, USCIS updated wording for status "Care is being actively reviewed" with "Case is still being processed". It doesn't mean anything.
  5. Crossing from Mexico has few options not available when travelling from Europe. It may be possible to fly to Mexico / Canada and cross by land. But the best course of action is to get the GC.
  6. Not in my experience. Airline agents needed to see both expired GC and extension letter. This is the situation OP is in, travel on unexpired GC is different.
  7. How did you check in online with extension letter? I had trips as conditional LPR few years back. Completing online check in with United was impossible unless you had valid GC. At that point, GC was expired, and online check in didn't recognize extension letter. I had to see agent. Agree, CBP isn't much of a problem, especially with GE.
  8. Yes, green card is necessary. Airline won't allow you to board the plane without it.
  9. Walk through questions with her. Allow questions on N-400 form and all questions in civics test. Explain to her what each question means. Saying she used Google translate or doesn't know English will make her fail the test. Unless she has a waiver, she must understand English. As I mentioned, it's rare officer asks what each word means. But she has to be prepared.
  10. USCIS is interested in IRS Tax Return Transcripts, available from IRS website. There's no originals of those, as they're digital.
  11. No need to. The income is the king. Assets are optional.
  12. It's, certainly OK to ask to rephrase or repeat the question if at the interview she doesn't understand it. Asking for a simpler language may result in failing English language part. Most questions are straightforward as long as she studies.
  13. Officers rarely go into asking definitions of words, unless they suspect the person doesn't understand English. You'll know most of the questions, they're written on the form and civics test preparation. You can explain all questions to wife so she understands it before going to interview.
  14. Fresh data point... A derivative citizen sponsored a foreign spouse for AOS and used US passport for proof of citizenship. USCIS sent RFE asking specifically for certificate of citizenship: At 1:16:45 mark:
  15. If he's consular processing, there is no I-485 to file. And there is no I-693, it would be DS-3025 for immigrant visa. ~ Thread was moved to Bringing Family Members of US Citizens to America ~
  16. True, I checked status on my phone with autofill
  17. Don't forget, case can be checked here for free without login or 2FA: https://egov.uscis.gov/ You only need case number (can save it in notes, then copy / paste)
  18. This is probably the worst time to have no backup for status. F-1 is especially good as a backup, because of its duration (as long as you study)
  19. Submit what you have. Keep collecting evidence. If USCIS needs more later, you'll have it. Good luck!
  20. When you file for N-400 under 5 year rule (General provision) you just have to list addresses in the last 5 years. You don't have to provide any evidence of that. If all the moves were in the US and she didn't live outside the US, it's super easy. For evidence, she'd only have to provide 5 years of tax return transcripts, marriage certificate and and certificates of children born in this marriage. With 3 year rule filing, she has to prove bonafide marriage and many other things like financial comingling. 3 year rule interview may require US citizen spouse to be interviewed. For 5 year rule, it's not the case. In general, less evidence is needed for general provision.
  21. Just to give you an example. I'm filed under general provision (5 years of being resident), even though I got my green card through marriage and I'm still happily married. It's just and easier route to go and none of that marital evidence is needed.
  22. Why? What is her resident since date? Is she not eligible to file under general provision?
  23. You're always responsible for what goes in the form and you should be checking forms before submitting to USCIS. You can blame lawyer, but USCIS won't buy it. You cannot go back in time and fix it. There's no other forms you need to file, other forms are filed by your immigrant spouse. If you never sponsor anybody again, it shouldn't be a problem. What other errors were made?
  24. The government view is, immigrant visas are for reuniting US petitioner and foreign beneficiary. It doesn't make sense to issue visa to beneficiary if US citizen isn't going to be living in the states So the best course of action is to reestablish domicile - get job lined up (offer), get lease or house, register to vote etc to demonstrate you're intending to live in the US. You need to have this after I-130 is approved and before visa interview.
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