
appleblossom
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Everything posted by appleblossom
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Proof of domicile
appleblossom replied to Newcitizen's topic in Bringing Family Members of Permanent Residents to America
I would suggest they come back before December if possible. Nothing to do with your brother, but in terms of risking their LPR status with the current administration, and also breaking continuous presence if they decided they might like to apply for citizenship at some point. It doesn't sound like they have a lot of ties to the US at the moment, so I wouldn't risk more than 6 months personally. Once they've got flights booked, that will also help with providing intent to domicile. -
Proof of domicile
appleblossom replied to Newcitizen's topic in Bringing Family Members of Permanent Residents to America
That proves past domicile, but not future. When is the petitioner moving back to the US? They need to be in the US ahead of your brother (or enter at the same time as him). -
EB2-NIW Waiting for Interview Letter in London 2023
appleblossom replied to OnPoint's topic in United Kingdom
It didn't update in August until the 8th, and even later in July IIRC. There's no set day so I don't think the shutdown has anything to do with it. -
DQ'ed - Documentary qualified. Basically, when was the case completed at NVC? When did you get the email telling you that your case was documentary complete and you were in the line for an interview? When does your child turn 18 and what does your status on CEAC say? Does it say the case is still at NVC or the consulate? Have you submitted an enquiry to NVC? You can't call them. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html
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EB2-NIW Waiting for Interview Letter in London 2023
appleblossom replied to OnPoint's topic in United Kingdom
Profile and timeline are two different things. So on posts of somebody you want to look at the timeline for, don't click on their name, click on the 'Timeline' button instead. Or on the profile section, scroll down to 'XXXX's Immigration Timeline' to see it. And for you, click on your name and then 'My Timeline' to complete it. Thanks! -
No probs. Start reading the official guide very carefully so you can understand the next steps and what will be required when the case is (hopefully!) approved and sent to NVC. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html Best of luck, hope you hear soon.
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I think the OP just missed a digit. Mine for example, was E11 (EB1-A).
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**Thread Moved, as it's not a CR-1/IR-1 application** There's nothing wrong. Your PD only became current a week ago, so there has been no rush for them to adjudicate your I-130 when there has been no visa available to you since 2023 anyway. Now that it's taken a big jump and your case is current, they should make a decision on it fairly soon. And yes, you have to wait until you get the Welcome Letter before you can proceed and apply for the visa. Good luck.
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EB2-NIW Waiting for Interview Letter in London 2023
appleblossom replied to OnPoint's topic in United Kingdom
Retrostatic has kindly completed his timeline, which you can see if you click on 'Timeline' under the username. Please 'pay it forward' and complete yours too! Thx. -
As above, the visa expires and you have to start again. Keeping the case alive at NVC for years was only possible whilst the case was there, it's too late now. But our point was that if you don't want to subject yourself to the costs of having US LPR and tax obligations, just don't activate the visa. Your choice though - which is why I suggested you take professional tax advice first, to work out the financial implications of being a green card holder if you're living in Oz. If you decide it's going to be too expensive or too onerous, then at least you know and don't become a LPR without doing the research first. FWIW, I agree with the above, the US is the last place I'd go for a quiet peaceful life. Everything is financially driven, everything costs a small fortune, you get far less holiday each year than in other parts of the world, and the stress of needing to fund healthcare is ever present. It's also not a great place to be an immigrant at the moment, and I say that as a white British immigrant - other immigrant friends have had a much tougher time. We plan to be here for another couple of years (staying only for our kids, as they think they want citizenship) and then will give up our GC's and head back to the UK. Another thing to factor is as you're talking about retirement is how you'd fund that in the US. You'd need at least 10 years of SS contributions to get anything back, so if you work in the US for less than that, you'll be paying in to a system and then not getting that money back. And then you'd also have to fund your healthcare yourself - as I said above, ours was $2500ish a month, and that was with us in our 40's. I dread to think what it would be like as we got older! That's another big factor for us, in the UK we don't have to pay anything for healthcare.
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Unique circumstances for DCF?
appleblossom replied to Beksberg's topic in Direct Consular Filing (DCF) General Discussion
Presumably you have experience in caregiving which is why they want you to do it? So make sure you include proof of that, to show it's a genuine job offer and not just one made up by family to get you to the US sooner. Include your resume and pay stubs from previous care jobs, plus anything else relevant. -
When you're considering a move to F1 or opting out of the conversion, do factor in past movement as well and don't assume it will be linear. So if you look at F2B today it's October 2012 for her category, so only 18 months until her date. However, it doesn't move like that. If you go back to the October 2020 bulletin, the date then was April 2012, so it's only moved forward 6 months in 5 years. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-october-2020.html
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Unfortunately, the time to hold it is when it's still at NVC, before a case is DQ'ed, as then it can be held indefinitely. Once it's DQ'ed and an interview is being scheduled it's too late to pause for long really. You certainly can try the re-entry permit, and it will buy you some time. But if you think your future lies in Australia you may not want to. In terms of taxes, it will depend on your personal situation and also which state you'd be 'resident' in. I'd get really good tax advice because the moment you land and activate that visa, you are a LPR and subject to all US taxation, so you might want to consult a pro first just to double check what your obligations will be. There may be income tax, capital gains tax, potentially exit tax if you decide to give your green card up at a later date. Probably other stuff too that I don't know about - CGT is top of my list at the mo as we're about to sell our UK property! You'll have to file taxes each year, including FBAR (massive penalties if you don't). But you may have nothing to pay (other than a couple of thousand annually for an accountant to file for you), as I said it will depend on your situation so best to get professional advice. You'll certainly need healthcare when you are resident, but again cost will depend on your personal situation. Ours was approx $2500 a month for a family of four when we were self funding if that helps, now we pay about $400 a month as it's subsidised by an employer. Good luck.
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NVC timeframes
appleblossom replied to lanza_david's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
The NVC timeframes page wouldn't be relevant to K-1's, you don't get the welcome letter etc. Hopefully those with knowledge of how long it's currently taking for K-1's will be able to help, good luck. -
I assume she was over 21 when you petitioned her? Has the I-130 been approved yet or are you still waiting for that? DQ is Documentary Qualified - sometimes called Documentary Complete. You'll receive a Welcome Letter from NVC once her PD is current on Table B on the Visa Bulletin You should inform NVC, but whether or not she switches to category F1 is up to you, sometimes people opt out of the conversion as it actually has a longer wait. Once you get closer to a visa becoming available to her, you can see what is happening with each category and then make a decision. Worth noting though, that if she changes from F2B to F1, she can get married and still get a visa (as the child of a LPR, she would have needed to remained unmarried to get one). So if she wishes to do that, that's one good thing from you becoming a citizen - although again it will lengthen her wait if she does.
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I thought citizenship in Oz would be part of it. Three years is probably too long, but you can cross that bridge when you come to it. Just make sure that you file a tax return in 2026 (and then every year after that), you get as much sorted as possible in December, and then in June strengthen those ties further with more proof of you making the US your permanent home (even if it won't actually be for a while).
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We’ve all done it, but if you apply then surely you factor that in? It doesn’t normally take several years. And really you should have delayed things at the NVC stage if you couldn’t leave yet. My concern is that you’ll end up risking your LPR status further down the line, and risking a large amount of money too. If you really have no intention of moving for several years, then I’d let the US go and reapply if you decide you’re ready to move in the future. Trying to juggle two houses, two lives, a wife in another country, multiple flights, etc, just wouldn’t be fun. And as you’re an EB applicant then any further career progression would only help any future application, so it’s not as though this is a one time thing you were eligible for.
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Is this genuinely the only reason? Or are you trying to get citizenship in that country before moving? I’m just struggling to understand why you’ve applied for an employment visa, based on your skills being in the national interest of the US, yet don’t want to go and work there? Surely if you applied for an employment based GC for the US, your plan is to build your career there, not somewhere else? I’d be very careful, as your whole visa is based on your job moving to the US, so I would be wary of using ‘not wanting to abandon your career in another country’ as the reason for your re-entry permit personally. You must have given plans and evidence of your intended career in the US for your petition, so be mindful of potential misrepresentation if anybody might think any of that wasn’t true. Some applicants can have their biometrics reused, but you can’t count on that being the case. My daughter had to redo hers, even though she’d only got her GC a few months before. Honestly, it doesn’t seem as though your two plans are going to come together, if you want to be out of the US for several years then you shouldn’t have applied for the visa yet really. I think you may need to decide where you want to be rather than try and have your cake and eat it too.