Canerican

There's some good general info here https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html
with an additional link to "returning from china" instructions.
 
The EO suspending travel from China, which clearly exempts legal permanent residents (which your wife is) can be found here https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/
 
Sec. 2.  Scope of Suspension and Limitation on Entry.
(a)  Section 1 of this proclamation shall not apply to:
(i)     any lawful permanent resident of the United States;
(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

It is based on the length of marriage at the time of POE.  If the visa is a CR-1 and it is your 2nd wedding anniversary or later, you should get a 10 year GC.  If not then submit an I-90 with the incorrect GC and USCIS will fix it for free (but it is a long wait).   Make sure the POE knows it is a marriage greater than 2 years.

She will be sent an extension letter that shows “proof” of her status.
Does your wife intend to switch jobs during this time period? The vast majority of jobs will never request to see proof of ability to work once hired so for the vast majority of people this is no issue.

Am I correct in that he was deported, then he re-entered the US again  illegally?
 
Tagging for future reference  "Tales of the Green Card"

Yes. It has taken long to remove conditions. Which is why she then put in the N400 because it was taking long. They also moved case from one state to another. So that could have contributed as well. 

Agree with @aaron2020 & @Luckycuds. 
 
Being a person who just got citizenship a year ago, it remains as aaron2020 stated, married for 3 years, LPR for 3 years, and live with you for 3 years. She also has to meet the physical presence requirements stated by aaron2020. 

At this point, it's clear that she has intent to immigrate to the US.  You provided the proof with the I-130 and abandoned I-485.  It wouldn't be hard to prove fraud if she tries to return to the US to file another I-485.  Consular processing for an immigration visa is the only choice at this point.  

Good Morning Everyone, 
 
I was going to use this response for another post I read this morning but felt it needed it’s own post. 
 
I know that this may not be the case with all couples but counseling is an option when you notice the relationship going downhill. The divorce rate in this country is partly due to finances but in my opinion also due to people not working out their differences. I have been married 7 years this past April and the truth of the matter is that:
 
1. Immigration is stressful in the best of times, let alone now with the pandemic. 
 
2. When two people get to know each other and want to live together you find out each others quirks and that is not always fun.
 
3. Every person has gone through some type of trauma, whether it be due to fractured relationships growing up, living in poverty, or living in a war torn country. 
 
I will share of my woes in my relationship over the years. When my now wife and I started this immigration process it was long and stressful. I was the detailed passive person and she had/has a strong personality. Suffice it to say this did not help during the process from K-1 submission to point of entry (POE). 
 
Once I entered the United States and got married, this is when the hard work started. We lived together and we found out each others quirks. I was still the detailed person who stressed getting my Adjustment of Status (AOS) in on time and this put a strain on our marriage as we had the finances, it was just a matter of putting it into our budget, but I still worried about getting it in on time. Oh, and not to mention I could not work from April to September 2013, that did not help the bottom line, hence more stress for her as she was sole bread winner, but also stress for me as I did not have a driver’s license and did not like being cooped up in the apartment. We kept trudging along and trying to work things out, me and my anger (I’ll get to that later). We went through some rocky time during AOS. 
 
Before getting married my wife knew that I had children from a previous relationship but this would not hit her in the face till my son came to visit for a summer. We have dIfferent parenting styles still to this day but are working through things. When my son came to visit ####### hit the fan and this had to be worked out. My son’s grandmother, also s strong personality, had made my wife to be out to be the bad guy. Naturally, being passive, I did not stick up for my wife, so there are still issues there to this day that I am working through. 
 
Fast forward to 6 months after receiving citizenship. Wife and I were going through some very rough times and my anger had really resurfaced and become uncontrollable. It got to a point where I had to take 2 weeks to think outside of what was going on in my own home due to the chaos that I felt as I had my issues and my wife had her own issues. I took two weeks and continued working but also went to see family in Canada. In that two weeks I made a decision that my wife and I needed to do counseling because our issues are more than we can handle on our own. We are currently in counseling and doing much better. 
 
I say all this to say, before you even put in a petition for a fiance(e) or spouse, get to know the person, who they are, and their family dynamics as much as humanly possibly. If it turns out that you notice quirks before or after they arrive in the US I would encourage you to seek out counseling. This will look different depending on whether you are in the US together or separated. In my time of getting counseling so far here is what I have learned:
 
1. I cannot control other people, I can only control myself.
 
2. If left unresolved, my past hurts will spill over into my relationships (familial, friendship, and professional). 
 
3. Marriage takes a lot of work (active listening, embracing others strengths, knowing that my spouse and I may say different things but both be right and that there is healthy conflict).
 
My hope is that this post may help one person to think through the fact that maybe its not your spouse that bothers you, but the memories of your past. If you have read this long, I wish you all the best on your immigration journey and marriage. 😁
 
 
 

This case is why I’m glad that my church is being cautious about opening up the building for services again. Not open as of yet. The other part of me says that even if my church was open that I would take precautions because I have an auto immune condition. The mother should have made the decision to not take her, in my opinion, as in phase 2 here in Florida if you are immune comprised or elderly you are to avoid large crowds. I would think a party of 100 meets this criteria. Better safe than sorry. I am really getting tired of people crying “got to have more faith” cause it is costing lives. In my opinion, we were given a brain and reasoning to use.  

This case is why I’m glad that my church is being cautious about opening up the building for services again. Not open as of yet. The other part of me says that even if my church was open that I would take precautions because I have an auto immune condition. The mother should have made the decision to not take her, in my opinion, as in phase 2 here in Florida if you are immune comprised or elderly you are to avoid large crowds. I would think a party of 100 meets this criteria. Better safe than sorry. I am really getting tired of people crying “got to have more faith” cause it is costing lives. In my opinion, we were given a brain and reasoning to use.  

You are correct.  Her friends are wrong.
 
To qualify under the 3 years rule, your wife must meet all three main conditions.
 
1.  Have a green card for 3 years.
2.  Be married to a US citizen for 3 years.
3.  Live with that US citizen spouse for 3 years.  

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens
 
General Eligibility Requirements
To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:
Be 18 or older Be a permanent resident (Green Card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application Reside continuously within the United States from the date of application for naturalization until the time of naturalization Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics) Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

You are correct. Your spouse can apply 3 years minus 90 days after her Adjustment of Status was approved........assuming she meets the physical presence in the US requirement.   Since she married you before her GC was approved, she will also meet the "married to a US citizen for 3 years" requirement.

This case is why I’m glad that my church is being cautious about opening up the building for services again. Not open as of yet. The other part of me says that even if my church was open that I would take precautions because I have an auto immune condition. The mother should have made the decision to not take her, in my opinion, as in phase 2 here in Florida if you are immune comprised or elderly you are to avoid large crowds. I would think a party of 100 meets this criteria. Better safe than sorry. I am really getting tired of people crying “got to have more faith” cause it is costing lives. In my opinion, we were given a brain and reasoning to use.  

I haven’t checked my I-145 status since last month due to COVID-19 . Today, while at work, I was tempted to check my status and behold! My status says “new card being produced”.  I wasn’t expecting this, I feel overwhelmed. 
 
I am really short of words right now lol, feels surreal that the K-1 journey has now ended and the path to citizenship is now opened. 
 
Goodluck to everyone waiting!

The form that you will use at the Consulate stage will be the I-134 for your fiance and cosponsor. Once your fiance enters, and you marry, you will file the I-485 Adjustment of Status, where then you will use the I-864 for your husband and cosponsor. 

This is true of anyone coming to visit, even on a tourist visa, or a fiancee coming with a K1 pending, or in this case a spouse waiting on a CR-1. But, it is not like she is trying to enter from Nigeria or something, she is coming from Canada, and it is pretty rare that they are going to refuse entry to someone from Canada coming to visit ( Especially if she has shown she has come and returned before within the authorized stay). The risk of not being able to come back is not very great in this case. But you are right, everyone is considered to have immigrant intent, but there are other things they look at also. She already mentioned she has employment, and I am assuming a place to stay. OP has to decide, but risking a issue by overstaying to AOS always seems to come back to haunt people. Lets say she stays to adjust and the process doesn't complete ( Divorce or something) now she will have a very hard time ever visiting the US again as she has overstay on her record.

How do people think overstaying a visa is no big deal?!  SMH.  

@SpanishBoyNYC,
 
Keep this in mind when interviewing the lawyers: they work for you, not the other way around. Keep past experiences in mind and as @Lemonslice said hire a competent immigration lawyer. I would hazard to say look up the process you are going through and ask the lawyer pointed questions to ensure they are aware of your situation, are knowledgable and can help. Last thing you want is to waste lots of money on a lawyer that is going to make your situation worse as others have. 

Unless you have a valid Vawa claim, if your wife is not willing to go through with your AOS, your AOS will be denied.  

@SpanishBoyNYC,
 
Keep this in mind when interviewing the lawyers: they work for you, not the other way around. Keep past experiences in mind and as @Lemonslice said hire a competent immigration lawyer. I would hazard to say look up the process you are going through and ask the lawyer pointed questions to ensure they are aware of your situation, are knowledgable and can help. Last thing you want is to waste lots of money on a lawyer that is going to make your situation worse as others have. 

As other’s have said you are not able to find out her status without her telling you. 
 
If she has her conditional green card, which I assume she does, she can remove the conditions via a divorce waiver. 
 
Also, with the I-864, you are responsible for her and her child if they receive public public benefits before getting citizenship. The only way this obligation is voided is if she and her daughter leave the the US and relinquish or abandon residency or they become citizens. The later will not happen for another at least 3-4 years. 
 
 

With the CR-1 the OP’s spouse would still have to do Removal of Conditions (ROC) if they were married for less than 2 years upon his/her date of entry into the USA. If they were married for more than 2 years they would avoid ROC and the spouse would get a 10 year green card (GC) snd the visa would be converted to an Immediate Relative (IR-1) visa upon being admitted to the USA. 
 
For example, if they were to get married on 7/5/2020 and the spouse entered the USA 7/4/2022 or earlier the spouse would be admitted as a CR-1 and have to complete ROC. If the spouse entered on 7/5/2022 or later the spouse would not have to complete ROC. If the OP and his intending spouse submitted paperwork now for CR-1 they may end up having their visas converted to an IR-1 upon arrival due to above criteria as this pandemic is affecting consulate appointments at the moment. 

As other’s have said you are not able to find out her status without her telling you. 
 
If she has her conditional green card, which I assume she does, she can remove the conditions via a divorce waiver. 
 
Also, with the I-864, you are responsible for her and her child if they receive public public benefits before getting citizenship. The only way this obligation is voided is if she and her daughter leave the the US and relinquish or abandon residency or they become citizens. The later will not happen for another at least 3-4 years. 
 
 

@SpanishBoyNYC,
 
Keep this in mind when interviewing the lawyers: they work for you, not the other way around. Keep past experiences in mind and as @Lemonslice said hire a competent immigration lawyer. I would hazard to say look up the process you are going through and ask the lawyer pointed questions to ensure they are aware of your situation, are knowledgable and can help. Last thing you want is to waste lots of money on a lawyer that is going to make your situation worse as others have. 

1. the time you spent after the 90 days you had unlawful (illegal) presence. Since you never applied to adjust status you had no connection to legal status (ex. Pending) **For those of you that say what is the harm in not adjusting status this is a great example. Your marriage can go south and you lose your ability to stay in the US
2. Once your divorce is final and If you marry another US citizen you would need a waiver. 
3. You sound like you are greencard shopping so expect a LOT of scrutiny. You have been in detention for the last 6 months, are still married yet have a American girlfriend already? Maybe she should join VJ to learn first hand the uphill battle she will face as well. 
4. Dont forget anyone can apply for a visa but it doesn’t mean it will be granted.