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First, is she applying based on 3 or 5 years?

Or if you are lucky enough to be approved on the spot explain the situation to the officer and maybe they can give you an I-551 stamp on your passport as proof of LPR status while you receive the card. 

On 12/9/2019 at 2:46 AM, BlessedOne said:

Answer: Yes. If you are a recent naturalized US citizen , you have to wait three years to be eligible. I am US citizen myself and had to wait for my third citizenship anniversary before I can apply for my wife who has permanent residence card. This will be in a couple of weeks . It is clearly stated in eligibility option B And your spouse has been a U.S citizen for .the last three years/...

Just a little clarification:

She has to wait..not you

She applies....not you

CO: “Sorry, I’m denying your application because I just gave the last visa I had to that lady”.....I’ll just pretend I have more visas until is time to go home! Bye 

😢😢😢

As said before, you signed a bunch of papers and submitted proof telling the government that the marriage was bonafide and to approve an immigrant benefit for your husband and it was granted....now the bar will be set way higher to prove the opposite.

If fraud cannot be proved then you’re getting a divorce and he gets to keep his status...might be hard for him to remove conditions in the future but not impossible, you will be on the hook until he naturalizes or abandon his green card. Hard to admit it but that’s part of the risks involved. 

49 minutes ago, MorganandMichael said:

I agree they should have notified USCIS once their divorce was finalized but I feel filing is a little more complicated than what USCIS asks for. 

 

It looks like OP's divorce took 10 months from filing to to finalized. If they would have asked to switch to waiver filing immediately after submitting the divorce for filing, they almost certainly would not have had the finalized divorce decree in time to produce it for the RFE. Would their petition then be denied at that point, causing them to have to start over?

Almost sure it would have been denied but they didn’t inform USCIS after the divorced was final either.

I agree with this logical reasoning but when dealing with the government is always better to play on the safe side, USCIS should have been informed of the divorce before adjudicating the petition and I’m pretty sure that during the renewal of the green card or naturalization this will come up as a big question as why there is no record of the change during the i-751 processing. 

USCIS has the ability to track where an immigrant might be living but yet they require you to keep your current address updated. 

The final adjudication decision is what matters and at that time the applicant was not married anymore. I would call USCIS, try to get an L2 Officer and explain the situation and go from there, also consult with a few lawyers to hear their opinion but some effort has to be done to at least inform USCIS.

1 hour ago, coco#1 said:

when you travel with military you don`t get flight ticket and you don`t even get your passport back until you are retired and you are done with your service.

Didn’t decode it was a Military passport/travels. 

What about a copy of his passport and all the entry stamps for those places. Also he could try to get copies of the airplane tickets from the airline. 

Apply under 5 years, less scrutiny about the marital commingling. That of course if you don’t have anything during the first 2 years that can affect the Good Moral Character assessment during the statutory period 3 vs 5 years. Some issues may count regardless of how long ago they happened tho. 

Good Luck!

Wow, congratulations. 

3 hours ago, Harry30 said:

Hi, I have been in the process of bringing my husbands kids her for 4 years. My case was first closed because they wanted proof he was the father. We did all we needed to do the the SDO embassy sent it say so the case was closed. This time I re did the petition in my name. Is there a way I can request an expedited NVC process for a minor? 

I doesn’t matter you filled for the kids now, the verification about the father will still pop up during the process. What is the issue proving the father relationship? 

Regarding the expedite there must be a really compelling reason to even request it, health or financial hardship could be a few and even then is not guaranteed. 

My guess is we are missing some part of the story....probably a BIG one. 🤔

Try to know that date before she comes to the US if she gets the Visa, not having a return ticket is well known cause for additional scrutiny so why risk it? 

I.P address geo location is a wonderful thing! 

👨‍✈️👨‍✈️👨‍✈️

Knock knock.....🏃‍♂️🏃‍♂️🏃‍♂️

Run Forrest, Run!!!

58 minutes ago, Imran99 said:

I didn't know you are the founder of this website.

Nor did I. 

That's love for America...whatever it takes!! 😂

17 minutes ago, Imran99 said:

Everything is possible if we try 

Immigration is not based on wishes....the LAW determines what is possible and what is not.

16 minutes ago, Imran99 said:

Some people have nothing to do except making fun of people.if you can't help in this situation at least you can give them courage 

We provide a lot of encouragement on doable things based on the laws & regulations otherwise they would be wasting time, money and making their journey more complicated.

17 minutes ago, Imran99 said:

You don't have to worry.It can be overcome by writing an affidavit on both sides that you will not become a public charge. 

When did you start your process??

Cr1 or Ir1 ???

So...It should work on a Tourist Visa also?

An affidavit that the traveler will not overstay!

😂

They don’t even want a joint sponsor and an affidavit will change their mind? 

Come on man!! 😂

Just now, risky_fox said:

Not sure yet, passport will be in hands within a week or so.

Hopefully it will be. 

Good Luck!

28 minutes ago, risky_fox said:

Just as an update, visa issued in 2 days, no interview, all smooth. Thanks for moral support and advice!

Multiple Entries?

11 hours ago, winsh said:

Thanks Arken but can you please explain? Did you say "yet" because of the oath ceremony that hasn't happened or is the i130 a prerequisite for N600? If not, when can I file N600?

What do you mean with “the oath ceremony that hasn’t happened”?

Your oath ceremony?

Since you are filling concurrently USCIS will not separate and keep the form with the correct fee only so the whole package gets rejected. 

You applied correctly on the I-765 as it is under a new basis.

I’ll take a look at the regulation and will let you know if find something.