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mahalia

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Posts posted by mahalia

    Petitioning mother and sister

    in Bringing Family Members of US Citizens to America

    Posted

    2 hours ago, Unlockable said:

    Unfortunately, there is no option to petition them together. You would have to petition for the separately. You mother would take about 2 years or more. She would not be able to bring her daugher regardless if her daughter is a minor. Petitioning your sister would take 20+ years (based on your country in your profile, Philippines). 

     

    This is a hard realization many immigrants learn when they want to bring family. There is no option to bring them all at once. Many make the sacrifice and leave family behind until they can come. 

     

    There is an option for your mom to come to the US and become a permanent resident, then petition for her daughter (your sister). But that still will take about a year or 2 for that process to complete.

    Thank you for the info.  I guess i have no choice but to wait for my mom to be able to petition for my sister. ☹️

    Petitioning mother and sister

    in Bringing Family Members of US Citizens to America

    Posted

    3 hours ago, Crazy Cat said:

    You cannot petition them together.  There are no derivatives for immediate relatives of US citizens.  They would be separate cases.  You would complete an I-130 for each of them.  Currently, it takes 12-15 years for sibling cases.  I assume you are a US citizen. 

    Yes I’m a US citizen. Thought if I petition my mom and there’s a minor, She will be automatically included.  🙁 ☹️

     

    Thank you for the info.

     

    Filing N400 base on 5 yrs rule (Married but separate)

    in US Citizenship Case Filing and Progress Reports

    Posted

    55 minutes ago, chars said:

    Hi Dear,

     

     

     

    As a Legal researcher, and based on the question asked, whether it will affect your naturalization process is important. In the N-400's application, there's a section that requires an applicant to give details of marital history. Henceforth, you're not divorced or legally separated per your assertions. In this vain, and under the eyes of IRS or the Law you're still married. 

     

    Legal separation is a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry. A spouse may petition for a legal separation usually on the same basis as for a divorce,and include requests for child custody, alimony, child support and division of property. For people who want to avoid the supposed stigma of divorce, who hold strong religious objections to divorce, or hope to save a marriage, legal separation isan apparent solution. With more states allowing no-fault divorce, the use of separation agreements, and informal separation, legal separation is rarely used.

     

    Within USCIS’ N-400 application (the section that talks about evidence required states)

     

    D. Tax Returns and Overdue Taxes. Bring photocopies of income tax returns that you filed with the IRS for the past 5 years, or 3 years if filing for naturalization based on marriage to a U.S. citizen. Tax returns are not required for every case. However, USCIS strongly encourages you to bring your tax returns; especially if you are filing based on marriage to a U.S. citizen or have traveled outside the United States for a period that lasted 6 months or more.

     

    Howbeit, if your marriage was legally terminated or dissolved then I can say the filling status “single” is not an issue, because IRS has a policy on this topic. According to IRS’s filling statuses, particularly to your situation it says “…Married persons living apart.   If you live apart from your spouse and meet certain tests, you may be able to file as head of household (single) even if you aren't divorced or legally separated. If you qualify to file as head of household instead of married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit.

     

    The question is doing your filling periods did you meet IRS’s filling single test? If yes, then we have no issue here and you will be good with USCIS too. Let me know if you have any question my friend.

     

    Thank you for your response.. I'm going to file for amendment for my taxes from 2013-2015.. Do you think that would help? 

    Filing N400 base on 5 yrs rule (Married but separate)

    in US Citizenship Case Filing and Progress Reports

    Posted

    Hello everyone!

    I'm planning on filling n400 application next month under 5 year rule.. I am married But separated(not legally).Got my Conditional status last 2011 and my 10yrs GC in 2013. we separated after i got my removal of conditions of my Status. Our relationship didn't work out well. I have paid my taxes all the past years. However, since we separated. our tax preparer has used " single" and not married filing separately.... Will that affect my naturalization?? 

    I-751 March, 2013 Filers

    in Removing Conditions on Residency General Discussion

    Posted

    Congrats KdRjN and mahalia kicking.gif!! Updating approvals smile.png

    And updating Spartak's card received date and yankepeach's RFE response date smile.png

    Thank you!!! Updating status

    The USPS reported that they picked up mail from USCIS containing your new card on August 26, 2013. The USPS tracking number assigned is ##############. You can use this number at www.usps.com to view updates to the delivery status of your mail. :)

    I-751 March, 2013 Filers

    in Removing Conditions on Residency General Discussion

    Posted

    Hey guys..so we had an RFE last july 16, sent off Aug.16 And received by csc Aug.19...finally!!!!! Card has been approved!!!!yahoo!!! We received an email today stating On August 22, 2013, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283. :)

    I-751 March, 2013 Filers

    in Removing Conditions on Residency General Discussion

    Posted

    If you did not the first time, be sure to send in the entire monthly bank statements and not just the first page. Yes, you will need to use anything you can think of to show co-finances and living at the same address. See if you can get your mother-in-law to write up that affidavit and send an explanation about your living situation and having no utility bills. You can search here on VJ for sample affidavits.

    Thank you for your response...

    I-751 March, 2013 Filers

    in Removing Conditions on Residency General Discussion

    Posted

    Only one bank statement? You need to send statements from throughout the entire length of your marriage. Some people send 1 for every few months, and some go ahead and send every month for an RFE. Since you have no lease or mortgage, you can have your mother-in-law write an affidavit to state that you two live with her and all the utilities are in her name. Any shared insurances, such as car, health or life? Shared credit card accounts? Family cell phone plan? Letters you have received addressed to the both of you? Anything else you can think of that might have both your names on it to prove co-mingling?

    We submitted all the monthly bank statement,we don't share credits cuz my husband has a bad credit and I'm just starting to build my own credit,also the car that we used is not under our name,health insurance,we don't have any cuz my husband doesnt wanna apply for it. About letters,any mail letter stating same address?

    I-751 March, 2013 Filers

    in Removing Conditions on Residency General Discussion

    Posted

    Don't just send the same things again. What exactly did you send to begin with? Knowing that will allow people to offer suggestions as to what else you could provide to satisfy the RFE.

    We submit a copy of our bank statement, joint tax return 2010,2011 and 2012, copy of our drivers license stating same address,copy of passport and GC..we also submit a letter explaining our situation were we live that's why we don't have any bills/rent. Thats all we have....

    I-751 March, 2013 Filers

    in Removing Conditions on Residency General Discussion

    Posted

    Hi. I need help here..we received and RFE asking for BIRTH CERTIFICATE of children(we don't have a child yet), FINANCIAL STATEMENT (wondering if we need to submit again our bank statement and copy of joint tax return) and RESIDENCE (which we don't have any utilities or any bills being paid together,cuz we only stayed at my mother in laws house and didn't pay any rent or bills) so my question is, is it ok if we only submit again our joint bank statement and joint tax return? That's the only evidence that we can add for RFE..

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