nastra30

Your timeline doesn't say if your I-751 has been approved. In that case go with spouse in case it becomes a combo interview. Good luck.

Hmm interesting. I'm not sure how you were able to fill the application online and submit it if the account wasn't active already. Perhaps, I'm missing something since I haven't filed anything online a long time.

How did you file online without an account? It's a matter logging in to the account you used to submit the application and you'll see the option for unsolicited evidence.

You can upload additional unsolicited evidence if you like. They may or may not consider it.

Did you file online?

IMO, it's not going to be much easier; that's the crux of issue at hand. The meer fact is you can't proof a negative. From your end you know she's been married only to you; from DOS/DHS end they have evidence under oath twice that the beneficiary admitted being married to 'original husband' in two separate interviews. And that marriage hadn't been terminated before marrying you. I will say this differently, they will most likely revoke based on ineligibity of beneficiary because she wasn't free to marry you. This is where you believe you can easily overcome but I just don't see how that's possible (can't proof a negative). But then again, you've established your plan to pivot the situation from 'ineligibity' to 'misrepresentation based on lies'; let's see if USCIS will bite on that argument. I doubt they will but I will never say never. I have read all the matters stated and all other relevant matters to those stated and I opine DHS has the upper hand. Perhaps, we will soon have a Matter of Elon vs DHS, if DHS doesn't pivot to the misrep route.

If it's your 2nd marriage make you give him termination document from your previous marriage to take to the interview. Good luck.

Did he apply based on 3 year marriage to USC? And are you saying marriage to husband is your 2nd marriage?

Ok no problem. He can correct mistakes at the interview.

I'm not entirely sure what you are asking. Who's applying to naturalize? You or your spouse? Either ways mistakes can be corrected at the interview. Just inform the interviewing officer during the interview.

At this very moment, the fury marriage (stated in DS160) is actually the legit marriage in the eyes of US govt, and the real marriage to you is not legit. The real marriage to you will become legit to US govt if they see divorce or death cert for the fury marriage which is impossible. However, to the Rwandan govt the there's only one marriage because they don't know about the fury marriage which could have happened in Wonderland or Wakanda. Hence US sees two marriages, Rwanda sees one. But you are on the right path to get US govt to accept the fury marriage as misrep, and that's going to be challenging. I believe there's a solution but nobody has figured it out yet based on VJ.

USCIS can also perceive it like her previous 'marriage' ended prior to 2021 so they need to see the terminaction document. But your drive to have them accept it as a misrep is laudable. I'm rooting for you

I understand perfectly. What I'm saying is the govt doesn't see it as misrepresentation at this point. And I doubt they will accept it as misrep. But I hope you overcome.

Hmm. The NOIR indicates that wife actually admitted to being married and that the husband was going to pay her school tuition.

A misrepresentation charge will actually help op because then there could be a possibility of a waiver. But the issue of prior marriage termination will have to be resolved.

They are not going to deny based on misrepresentation that's why a waiver won't come into play; that is what I speculated in a previous reply. They'll will revoke it based on ineligibity of beneficiary because she's already "married"; they'll need to see a termination document. And you can't prove she was never married. But I'm hoping you figure out a way to overcome this. Good luck and continue to keep us updated.

Op is the beneficiary.

Obviously, go back and read my responses as to we are here.

Debatable. I'm not saying this applies to op, but in some cultures/circles multiple spouses are legal but in the US it will be bigamy.

I will assume you'll also have to divorce current husband and re-marry him. I might be wrong.

Re-wording - Because beneficiary said they have never been married except to op in the I-130.

I have a feeling the NOIR is NOT going to be about misrepresentation so the waiver path won't come into play. But rather it's going to be the authenticity of the marriage of petitioner to beneficiary since beneficiary is already 'married'. However, I'm just speculating; will wait for op to chime in about the NOIR.

The lawyer is absolutely correct. If you don't get a new passport with your married name, then your visa and GC will be issued with your maiden name in your current passport. It doesn't matter if you use your married name to complete DS-260.

If you are eligible for naturalization then go ahead and submit N-400 and get the process rolling. No need to wait until the I-751 is approved. Note however that you'll not be allowed to take the naturalization oath until the I-751 is approved. It's possible you could also get a combo interview for both I-751 and N-400. Good luck.