Redro

Different countries have different burdens of proof. @Troy B if you have followed the story you would know his K1 was denied because they did not believe the relationship was real. High fraud countries/red flag couples need to show more evidence of relationship.

You can withdraw the N400 application or you can re-schedule the N400 interview. If you withdraw you will need to re-apply and pay again. If you re-schedule you will not have to pay the fee again. There should be a number on the N400 interview notice telling you which number to call if you wish to reschedule the interview. As your wife needs to travel with you to Nepal you need to figure out which path works best for you. I do not believe you can choose the date for the re-scheduled interview or oath ceremony which means your wife might still be out of the country when she is called to interview/ take her oath. So, you need to figure what is best for your wife. Additionally, do you plan to take this trip every year? Or is it only this year with the idea you will be in the US for an entire year next so if this issue will not occur again and you won't have to reschedule the interview/oath ceremony?

How far are you into the process? (When did you submit the I-130?) Do you plan on interviewing in India or Canada? Will you return to India before the petition is approved/ before interview?

You should not lie to CBP.

Your question was answered in your previous thread: All you can do is have her visit. Tell them she is visiting her boyfriend and friends if she is asked the purpose of her visit. She will most likely be let in because she has a history of leaving on time. But she might also have to go through secondary for a grilling. Have you filed the K1 yet or is that from a previous case?

Which country did you submit the DS160? Do you need to go for an interview or are you renewing the B1/B2 via mail?

In Korea, you are required to bring a copy of the I-864. There are instructions you receive telling you the order to put your documents in and the website instructs family based applications to bring along copies of the I-864. I don't see those instructions for AIT. It is your choice to bring all the documents to the interview or you can choose to leave it at home. The question you ask is consulate specific. So, I would read reviews out of Taiwan to see what people did.

Because you are a USC her overstay will be forgiven as will the overstay of her children (if they are in the country) but only if they are under 21 and unmarried. EAD is work authorization AP is advanced parole (allowing her to leave the country) ETA whatever you do make sure she doesn’t leave the US before you file for her and she gets her green card. She should be able to leave with AP but that is taking forever

If all the children and your wife are in the US file I130 and I485 the EAD for each of them don’t file for AP as it isn’t a good idea for them to travel if they are currently out of status.

Are the kids in the US or Australia? Are you a US citizen or a permanent resident? Did they arrive on ESTA or B1/B2?

Once you are a USC you’re supposed to leave the country with the US passport

FYI: USCIS times are just for USCIS stage. NVC stage varies but is about 4 months after I129F is approved and currently the same for I130s. Then K1 applicants need to schedule their own interviews but I130 interviews are scheduled but the consulate. Additionally, all K1s go through California but I130s go through 5 different service centers and you cannot choose them. You might find your case at Nebraska, Potomac, Vermont, California or Texas. There is no way to know the future. And you are in the system already because of the I129F but it wasn’t approved so if it makes a difference it would make a difference for both petitions.

You didn’t meet before filing the K1 and it was rightly denied. Same logic follows for the spousal petition. If you do not meet after marrying via Utah the petition will not be approved. You can either file the K1 now (as you have proof you have met face to face) or you can marry via Utah (and then meet) or marry in Thailand in a Thai ceremony. Showing proof you were together during the wedding ceremony (via photos). There is no need to show you consummated the marriage in the traditional/ literal meaning of the word.

As you’ve already decided when you get married remember you can only file the I130 after you’ve visited her in Thailand. That’s what consummated in this context means.

Proof you visited her. That’s why I suggested you get married via Utah while you are in Thailand. You can show proof you visited the country with boarding passes and entry stamps of Thailand still does that. Show the screenshots you were together for the wedding. And show photos of the two of you in Thailand.

Yes. Only count the people on his taxes (and then you). The petitioner is always the main sponsor. So, they always need to complete the I-134. Then a second sponsor is found. And they complete their own I-134.

Okay. Be careful when filling out the paperwork for dad, too. You need to count how many people are on taxes (plus immigrant/beneficary) not how many people live in the same house. And the dad doesn't have to include his daughter on his I-134. This also counts for the I-864. Which country will you be interviewing out of? You might be able to use savings for the I-134.

Are all of the people on her taxes OR do they just live with her?

Are there 5 other people living with her? Or is it a case that she presently has 5 dependents on her taxes? How did you get to a 7 person household?

Are they actually changing your job responsibilities or are they lying and changing the job description so they don't have to go through the process the immigration officer advised you need to go through to be compliant with the law?

Hopefully, the live agents will be able to see you submitted something to the the service centers. It does they they take 7 business days to respond to requests so the snail mail answer might arrive Wednesday/Thursday.

Good news! Then your plan is fine. If you cannot write N/A for whatever reason $0 should also be okay as an answer.

I believe if you type "representative" you can talk to a live agent . Also make sure you use the feature during business hours.

Were you married in 2020 and 2021? If so, the required level for filing MFS is $5 of gross income. https://www.hrblock.com/tax-center/filing/filing-requirements/

This person requested expedite via Ask Emma. @Stephie C have you tried expediting online not just calling? You send the evidence via email and I don't think you need an US based address/phone number. But, if you do you should use a family member or friend's information.