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TooBlessed

naturalization process...what to do? help!!

By TooBlessed in Adjustment of Status from Work, Student, & Tourist Visas

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TooBlessed Newbie

TooBlessed   3

Posted
Filed: Lift. Cond. (apr) Timeline
Posted

Hello all,

i'm trying to help a friend out. Her husband is in the process of naturalizing but has not had his interview appointment yet. They were waiting for after the swearing in to file for her wife who is also here in the USA. The issue is, they have to go their home country this december. His wifes OPT will expire while she's there (outside). They are questioning if they should file for the wife now, so she can at least get a travel visa to assure reentry? How should they go about this?

Help please...

Thank you!!

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TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from main "AOS from Family-Based Visas" forum to the main "AOS from WS&T Visas" forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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kzielu Experienced

kzielu   1,147

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

Hello all,

i'm trying to help a friend out. Her husband is in the process of naturalizing but has not had his interview appointment yet. They were waiting for after the swearing in to file for her wife who is also here in the USA. The issue is, they have to go their home country this december. His wifes OPT will expire while she's there (outside). They are questioning if they should file for the wife now, so she can at least get a travel visa to assure reentry? How should they go about this?

Help please...

Thank you!!

Filing now gives absolutely no benefit to his wife and can actually prevent her from getting "travel" visa (assume you're talking about B2)

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CdnRN Community Regular

CdnRN   40

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

Hello all,

i'm trying to help a friend out. Her husband is in the process of naturalizing but has not had his interview appointment yet. They were waiting for after the swearing in to file for her wife who is also here in the USA. The issue is, they have to go their home country this december. His wifes OPT will expire while she's there (outside). They are questioning if they should file for the wife now, so she can at least get a travel visa to assure reentry? How should they go about this?

Help please...

Thank you!!

If they leave she likely won't be allowed back in (it is immigration fraud if she enters with a tourist visa with the intent to adjust her status). If she wants to adjust her status she will need to wait in the USA until her husband is a USC. If they file with him as a LPR they will be subject to her priority date. Alternatively, she could wait in her home country and go through consular processing once he becomes a USC.

Personally, I'd wait in the USA and plan a trip for as soon as she has her green card.

First Entered US with TN Status: 04/13/2012
Engaged: 08/24/2012
Married: 08/10/2013
Adjustment of Status from TN Status to Permanent Resident:
Day 00: AOS mailed by USPS priority Post: 05/19/2014
Day 02: AOS package arrived: 05/21/2014
Day 08: Text/email notice of acceptance: 05/27/2014
Day 11: NOAs for I-130, I-485, I-765, I-131 received, 05/30/2014
Day 14: Biometrics notice received with an appointment of June 17, 2914 at 3pm. 06/02/2014
Day 15: attempted walk-in successful after a very long wait 06/03/2014
Day 38: email notice that I-485 has moved to testing & interview! 06/26/2014
Day 77: EAD/AP - card production 08/06/2014
Day 84: EAD/AP card received 08/13/2014
Day 129: Infopass appointment for an update (very helpful!) 09/24/2014
Day 136: Email received with interview date 10/01/2014
Day 138: Interview notice received! 10/03/2014
Day 170: Green Card Approved on the Spot! 11/04/2014
Day 178: Green Card Received 11/12/2014

REMOVAL OF CONDITIONS:

Day 00: ROC Package (Weighing 1.7kg -- 3lbs 13oz) mailed by USPS Priority Post: 09/13/2016

Day 03: ROC Package Received: 09/16/2016

Day 07: Check Cashed: 09/20/2016

Day Too many to count: Received Approval 02/05/2018

NATURALIZATION

Day 00: Submitted file online for N400 -- 07/31/2020

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NikeS Collaborator

NikeS   49

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

No point filing now, down the line at her interview she would be subject to her "Priority Date" and her application will be denied. She just has to wait till he becomes a citizen, file for AOS and then apply for AP/EAD. If that arrives before the intended travel date in December, then she makes the trip. What city do they reside in and when did he file for naturalization?

{Day 0}     11/16/2017 N-400 submitted online

{Day 0}     11/16/2017 NOA mailed

{Day 02}   11/18/2017 Biometrics apt scheduled

{Day 20}   12/06/2017 Biometrics done

{Day 202} 06/06/2018 Interview Scheduled

{Day 207} 06/11/2018 Interview Letter received

{Day 238} 07/12/2018 Interview Day - Approved

{Day 242} 07/16/2018 Oath Scheduled

{Day 266} 08/09/2018 Oath Ceremony - I am a US Citizen!

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