Lil bear

Dont focus any time or energy on the court issue .. the only thing you can do is to take the solid advice already given and act swiftly by submitting everything  correctly 
 
If anything, let the risk of a court appearance motivate you positively.  

Use turbo tax online software or employ an accountant 
 
So that your question can be placed in the correct forum.. can you please clarify if this tax filing is related a non USC Spouse petition ? 

Not necessary 

IRS uses the word “resident” diffetently to USCIS. 
 
https://www.irs.gov/taxtopics/tc851
 
My reading .. From this link.. If you meet the “physical presence” test then you are considered a resident alien for tax purposes 

Yes. Want to sponsor my spouse. 

Use turbo tax online software or employ an accountant 
 
So that your question can be placed in the correct forum.. can you please clarify if this tax filing is related a non USC Spouse petition ? 

You simply state the event as it occurred and the outcome. You should get all official documents relating to the offence,  charge, court proceedings and results , and attach them to the application 

It is easier to get one when the names on passport I94 visa and ssn application are the same. Waiting can mean that the ssa check  processes don’t come through in the limited time period for issuing a ssn on a K1.. which then means that you have to wait until by the EAD or GC. Its needed for bank, drivers licence etc   

It is easier to get one when the names on passport I94 visa and ssn application are the same. Waiting can mean that the ssa check  processes don’t come through in the limited time period for issuing a ssn on a K1.. which then means that you have to wait until by the EAD or GC. Its needed for bank, drivers licence etc   

Honestly most of us are DIYers and suggest that if you are prepared to do deep research in the right places and read read read .. that you can do it yourself.
 
The only point from your summary that is going to catch you out .. visa service , immigration lawyer or DIY.. is Montreals  strict policy of requiring the  USC to be  physically resident in the US prior to the interview.  This usually requires the USC moving to the US once the interview  date is set,  so they can provide documentation of their permanent  presence in the US   Drivers licence, voting card, phone bills, bank statements etc.   Many lawyers and visa services wouldn’t be aware of this specific requirement of one particular consulate.  
 
She must  file tax returns for at least the last 3 years or be able to explain why she did not need to file a US tax return.. eg zero income 

OP first post says they have a joint sponsor. 

OP first post says they have a joint sponsor. 

Honestly most of us are DIYers and suggest that if you are prepared to do deep research in the right places and read read read .. that you can do it yourself.
 
The only point from your summary that is going to catch you out .. visa service , immigration lawyer or DIY.. is Montreals  strict policy of requiring the  USC to be  physically resident in the US prior to the interview.  This usually requires the USC moving to the US once the interview  date is set,  so they can provide documentation of their permanent  presence in the US   Drivers licence, voting card, phone bills, bank statements etc.   Many lawyers and visa services wouldn’t be aware of this specific requirement of one particular consulate.  
 
She must  file tax returns for at least the last 3 years or be able to explain why she did not need to file a US tax return.. eg zero income 

You can withdraw it certainly. You must wait 2 years before filing a second I129f.. even  it is for the same person.. And you cannot file more than 2 fiancé petitions 
 
You can however file subsequent petitions for a spouse if you have filed 2 previous fiance petitions.
 
Withdrawing a petition does not stop it from counting as a filed petition 

Put a new question about DCF experiences on the Canada sub forum 
 
Do a search on vj timelines using Canada and DCF as key words. Look at threads that come up there 
 
Search the Montreal
interview posts for any who used DCF 

 
PM vjers  who went through this directly 

A friend did DCF a year ago in Montreal. Have the USC email the Montreal consulate today with a subject line like "Direct Consular Filing -- Recent job offer in US". Explain the situation briefly, no need to attach any documents yet. They should respond within a few business days asking for him to submit scans of the first documents (I-130 (start filling out this weekend), job offer letter, US Passport, etc). Once it's accepted to do DCF, the USC can move (or wait, but not move before acceptance), but the Canadian must wait until approval. In my friend's case they got an appointment within a few weeks, with the USC and maybe the immigrant (I forget) needing to attend in Montreal (no way around this). They should then approve the I-130 after the meeting in Montreal, and then the process is like all I-130 cases, they will put the Canadian in line for a visa interview (again in Montreal, just the Canadian attends), usually in a few months. If you follow the steps carefully on VJ, and get your documents (e.g. birth certificate, any police certificates from other countries (but wait for the Canadian ones until asked), etc.) prepared beforehand (check the Canada forum), you could be moving in 3-6 months (they took 6 months, because of a third country police certificate, but it could have been 4).
 
This is the fastest, simplest way to move legally, you will get a green card on entry meaning you'll be eligible to work and travel abroad and get health insurance immediately, and you will get to the US faster than 99% of foreigners. Yes it'd still suck to be separated from your partner, but you've really lucked out in getting the fastest track. Take it, study up on the process on VJ, and you'll be there in no time. (And then three years later apply to become a USC so you can become a dual citizen and have the freedom to move back to Canada or elsewhere on short notice and never have to deal with US immigration again.) Bon voyage!

Each consulate can choose to offer DCF… or not.. The USC needs to email them and outline your request… usually it’s because of an  urgent need to relocate because of a firm
job offer for the USC. But its not guaranteed that your request will be granted. You will end up interviewing in Montreal whether you go DCF or Consular  processing. 

Thank you. She can try with her passport, I797 and I94 that you can get online from cbp records. I haven’t looked if she also needs a ssn.. which she cannot get yet.. not how long the dl would be valid for.  It would not be Real Drivers licence but that won’t be an issue  at this point.  May only be until the end of her allowed b visa stay on this entry. Plan B will be needed.. uber, taxi, neighbour, friend. Let us know how you go 

Put a new question about DCF experiences on the Canada sub forum 
 
Do a search on vj timelines using Canada and DCF as key words. Look at threads that come up there 
 
Search the Montreal
interview posts for any who used DCF 

 
PM vjers  who went through this directly 

So much of the answers to your question  depend on info you havent given us 
 
The I797 is accepted under certain conditions only. We need a little more info on the current status in the US for the person who is wanting to get a NV drivers licence 

So much of the answers to your question  depend on info you havent given us 
 
The I797 is accepted under certain conditions only. We need a little more info on the current status in the US for the person who is wanting to get a NV drivers licence 

You both keep your USC status. You  also both keep the amazing  responsibility of filing with the IRS every year, declaring your income no matter where you live 🤣

Each consulate can choose to offer DCF… or not.. The USC needs to email them and outline your request… usually it’s because of an  urgent need to relocate because of a firm
job offer for the USC. But its not guaranteed that your request will be granted. You will end up interviewing in Montreal whether you go DCF or Consular  processing. 

US is unique in taxing its citizens and LPRs on worldwide income not just on income earned in the US.  Canada only taxes Canadian income. 

You both keep your USC status. You  also both keep the amazing  responsibility of filing with the IRS every year, declaring your income no matter where you live 🤣