Crazy Cat

I suspect you also had a 5 year ban. If still in effect, your Consulate Officer will inform you if a waiver is allowed.

Your attorney is wrong. Expedited removal is a summary deportation which skips a court hearing....there are numerous attorney websites which explain it. Ask that attorney for the definition of "removed". Explainer | Too Fast for Fairness: “Expedited Removal” and the Family Expedited Removal Management Program | National Immigrant Justice Center " Expedited removal is a form of processing created in 1996 that allows the U.S. government to quickly and summarily deport people arriving at the United States without ever presenting their case to an immigration judge. " “Expedited Removal” and Deportation Under U.S. Immigration Law (shouselaw.com) "Expedited removal is a form of “summary” deportation. It allows the Department of Homeland Security (“DHS”) to deport non-U.S. citizens immediately and without a formal hearing.Under U.S. immigration law," When Expedited Removal Allows Deportation Without a Hearing | Nolo "However, there are some circumstances under which the Department of Homeland Security (DHS) can deport a person who has no immigration status, without giving that person any opportunity to see an immigration judge. The process, referred to as "expedited removal," can happen within a matter of hours or days. By law and within the bounds of agency discretion, it applies to individuals encountered by immigration authorities under the circumstances described below."

An expedited removal is a deportation.

You can print out a copy of the completed N-400 after submission online.

I would answer "No" for both since there are no derivative cases for IR-5 visas.

***Moved to the Adjustment of Status from Work, Student, and Tourist Visas forum***

It usually is...until something happens.....Good luck with their immigration journey.

They would be granted authorized stay until the I-485 was approved or denied. "Authorized Stay" is not a legal status. It prevents unlawful presence during that time. They would be out of status, but authorized to stay in the US. Have you considered how they are going to have health care? Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence - Murthy Law Firm | U.S Immigration Law

I agree with @appleblossom. With form fees, medical exams, etc, it could cost $4000...for each of them. Filing an I-130 gives them no rights to stay in the US. If money is a factor, it might be better for them to return home and wait for the consular process.

You can't work in any way (including remotely) while inside the US until you have authorization. Infact, it is a violation of a B2 visa to do so. BTW, the guides here on VJ are pretty good>

I'm not sure what risk you are talking about. You have already seen that there are many cases of people adjusting status here on Visa Journey....some from K-1 visas and others from work, student , or tourist visas. The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money. Failure in any of those areas can cause delays or serious issues.

Your decision. If you Apply to Adjust Status, you won't be able to leave the US or work in any way for up to 6 or 8 months.....that is assuming you apply for an EAD and Advance Parole. In addition, the cost to adjust status is significantly more than a spousal visa. Can you afford to just abandon everything in your home country on such short notice? Good luck on your decision and your immigration journey. A CR-1 would allow you to enter the US in about 18 months with a Green Card. You would immediately be able to work and/or travel outside the US. You can visit during the process. In what country do you reside?

Yes. However, you need to check your dates. She can apply 90 days prior to the card anniversary date in January of 2025.

***Duplicate thread removed. Please don't post duplicate topics in different forums***

There is an area to upload additional evidence online. This is where I uploaded our tax returns and request letter for a combo interview. There is no need to mail anything.

I would. Your Senator's office probably has an immigration liaison.

It was a long shot, anyway. I would check the grounds for a USCIS expedite. If you qualify, that might shave a few months off the process.

Had you NOT married, there was a possible route, but that ship has sailed. I see neither a problem explaining your case nor an unusual delay. You did a fine job explaining it to us. Here is the guide for a spousal visa. Good luck.

Return to the US as soon as possible. She needs to get inside the US.

USCIS Ombudsman is not relevant to visa cases. Ombudsman Office handles USCIS issues.

Your spouse would have be eligible in one of the following categories after filing her I-485: Immigration status and Pennie – pennie help People with the following immigration statuses qualify for Pennie coverage. Get details about what document numbers and other information you’ll need to fill out a Pennie application. Immigrants with the following statuses qualify for health coverage through Pennie: Lawful Permanent Resident (LPR/Green Card holder) Asylee Refugee Cuban/Haitian Entrant Paroled into the U.S. Conditional Entrant Granted before 1980 Battered Spouse, Child and Parent Victim of Trafficking and his/her Spouse, Child, Sibling or Parent Granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) Individual with Non-immigrant Status, includes worker visas (such as H1, H-2A, H-2B), student visas, U-visa, T-visa, and other visas, and citizens of Micronesia, the Marshall Islands, and Palau Temporary Protected Status (TPS) Deferred Enforced Departure (DED) Deferred Action Status (Exception: Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for applying for health insurance) Lawful Temporary Resident Administrative order staying removal issued by the Department of Homeland Security Member of a federally recognized Indian tribe or American Indian Born in Canada Resident of American Samoa Applicants for any of these statuses qualify to apply for coverage through Pennie: Temporary Protected Status with Employment Authorization Special Immigrant Juvenile Status Victim of Trafficking Visa Adjustment to LPR Status Asylum (see note below) Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note below) Applicants for asylum are eligible for coverage through Pennie only if they’ve been granted employment authorization or are under the age of 14 and have had an application pending for at least 180 days. People with the following statuses and who have employment authorization qualify for health coverage through Pennie: Registry Applicants Order of Supervision Applicant for Cancellation of Removal or Suspension of Deportation Applicant for Legalization under Immigration Reform and Control Act (IRCA) Legalization under the LIFE Act Remember: Pennie will only collect information about immigration status for the explicit purpose of determining eligibility for health coverage, and not for any other purpose.

That is a USCIS policy. USCIS does not issue visas. To my knowledge, the DOS policy of 6 months has not changed.

Both of those are correct.

Then, there is nothing you can do regarding her immigration status. Even a divorce doesn't change your I-864 obligations. Once she obtains US citizenship, you will be free of that.

She can visit during the process, but she cannot live in the US without a proper visa.