VinnyH

Maybe an unpopular opinion here, but I see no huge red flags. You visited last year for 19 days in June, 16 days a year later, and another 13 days 4 months later in August during the typical summer/holiday/touristic season... Depends on where you are from, but most people in Europe and working have plenty of vacation (in France where I come from, you get up to 11 weeks of paid vacation all included). As long as you have ties in your country (which is the case with your family and job) and can be articulate when asked about it by the CBP officer at the POE, you should be fine. There are way worse red flags than you... Maybe you should hold off on another visit until next year though...

I read everything, and although I cannot really help you with your issue, I have a couple of thoughts/comments: - file a deadline extension ASAP - talk with a CPA in person, or do walk-in/scheduled appointment at an HR Block center - not sure if this is specific with TurboTax (which I have been since 2010), I always do my taxes as soon as I can (in early February after I receive all tax forms and W-2): if I get a refund, I get it right away, if I owe money, I always schedule the money to be taken out of my checking account on April 15. That way, no last minute surprise or stress for me. Hope you can do that going forward. Good luck with your situation!

Even if that was no longer the case and SCOTUS were to overturn its own ruling in Hodges v. Obergefell, returning the marriage to the States, it is worth noting that: 1. at the federal level, same-sex marriage will still be recognized (along with its benefits, such as immigration) as long as the marriage is recognized in the state where it took place. The ruling at stake is not Obergefell but U.S. v. Windsor that repealed DOMA Section 3. 2. the Respect for Marriage Act passed by Congress ensured that a marriage valid in one state must be recognized in another state (even if that state were to no longer recognize same-sex marriage), and furthermore officially repealed DOMA Section 3. In summary, from a pure legal standpoint, immigration benefits linked to same-sex marriage is not likely to change any time soon. But under the current administration, you are never safe from some surprises, depending on how the Department of Justice will instruct the agencies to enforce/implement/interprete the laws.

This quote from an official statement by CBP Spokeperson Hilton Beckham has been relayed in many media outlets articles: Hilton Beckham, assistant commissioner of U.S. Customs and Border Protection (CBP), said, "Green card holders who have not broken any U.S. laws, committed application fraud, or failed to apply for a re-entry permit after a long period of travel have nothing to fear about entering and exiting the country." It looks like CBP clearly targets now LPRs who have been out of the country for an extended period of time. Since it mentions explicitly re-entry permits (which is issued for a leave of absence of a year or more), one would think that a LPR being away for less than a year should be fine. Yet, as mentioned by @Boiler, it is playing with fire. OP has reasons to be concerned for his wife, as we cannot predict for sure how CBP will handle the case under the new administration's directives.

So my husband's GC is expiring in a little less than 6 months (April 2025) so we applied for his GC Renewal through a I-90 Form submitted online. I read that it would take in average 2 years to get the new green card (USCIS Processing Times for I-90 / Renewal on the website), but to our surprise, after only 2 business days, we got a notification that the I-90 Form was approved and the new card is being produced. When we got the notification email that the case status had changed, we expected that it would be the appointment for biometrics, but no. It was a nice surprise!

Usually, when credit cards that are renewed due to the current one expiring, unlike in the case of a stolen card where the number is radically new, you will keep the same number (only the expiration date and security/CCV code will be different). Many credit card companies would honor ongoing subscription payments (cable, Netflix etc...) and some may even honor ad hoc charges made under the previous expired card. Therefore, you might be lucky.

Your thread is greatly appreciated and I am sure it will be helpful to many. Sorry however that you went through so much trouble getting the info. I guess the lesson to learn here is to always look at who signed a document and go up the food chain: for the N-662, despite being a USCIS form, it was signed by a judge, so start from the judge and go up the chain from there for the apostille. No wonder USCIS was so useless... For the Certificate of Naturalization: - if you present the original (which you never do since you ALWAYS keep the original for yourself), because it was signed by a district judge, only a district judge can issue an apostille. - if it is a certified copy, because it is signed by the USCIS Field Office Director, the apostille must be issued by the U.S. Dept. of State.

Thanks @millefleur! It makes sense that a local (federal) district court judge can issue an apostille, as it seems that this ability was delegated to them by the U.S. Department of Justice. A federal judge is, in principle, very powerful and can certainly certify that he/she had the ability to certify that he/she had the authority to sign a document such as a court order for a name change... 😁 In any case, thanks for this information!!!! As for the certified copy of the Certificate of Naturalization, I was explained that the only person (cabinet-level) who could certify a USCIS Field Office director signature is the Secretary of Homeland Security himself, but that Secretary typically would not issue an apostille, the prerogative instead granted to the U.S. Department of State (or, in some case the U.S. Dept. of Justice – which seems to be the judges themselves). For mine, I did it during COVID-19, which was a long and fastidious exercise (7 months), so I hope the process has been made more simple. I followed the guidelines below on the DOS website itself, and it is very well explained. https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/office-of-authentications.html Good luck!

Thanks @millefleur. I am confused though. An apostille does not authenticate the content of a document. It only certifies that the person who signed a document had the authority to do so. At the federal level and for court documents, my understanding was that the only highest-level government body was the Department of Justice, since only they can authenticate that the (federal) district court judge who signed the N-662 had the authority to do so. Am I wrong? In my personal experience, I had to have a certified copy of my Certificate of Naturalization (issued by the local USCIS Field Office – I made a full report on that thread here) translated and apostilled, and it was through the U.S. Department of State, since they were the only authority who could certify that the USCIS Field Office Director was competent to sign my certified copy of the Certificate of Naturalization.

A Birth Certificate for a U.S. born person is not always a proof of citizenship (even though it does in 99.9% of the cases)... A child born in the U.S. from foreign diplomat parents would typically not be a U.S. citizen. The U.S. passport, even expired, is still proof of U.S. citizenship. Not sure why you would go through the trouble of getting a BC (unless your fiancée already has one at hand).

If I may add some information to what you've just written... A visa (issued by the U.S. Dept. of State) is merely an authorization to show up / present yourself in front of a U.S. Immigration Officer (the CBP Officer – U.S. Dept. of Homeland Security) at a U.S. POE ("Point Of Entry") – might it be an airport or a land border POE. The duration of the visa means that you can use (meaning to show up at a POE) at any time until its expiration. You can technically use it to present yourself at a POE on the very last day. For a B1/B2, it is generally 10 years. The maximum duration allowed for your stay (as stamped on the passport) is left at the discretion of the CBP Officer, and ultimately decided upon entry (regardless of whether a visa mentions a maximum duration annoted as a remark by the Consular Agent who issued the visa – in the comments section). On the vast majority of the cases, people on a B1/B2 visa are granted a maximum stay of 6 months. This does not mean however that the visitor should stay that long, except for valid and legitimate reasons (how can a visitor indeed stay that long – this would demonstrate no ties in the home country, no job to go back to, and a stronger suspicion of immigrant intent). In the case of OP @MLo, if your fiance intends to come back regularly to visit you on his B1/B2 visa while the I-130 and CR1 visa and processed, it would be wise to not stay up to full duration of 6 months, because it may potentially jeopardize the subsequent B1/B2 visits and bring suspicions upon himself. I would advise 3-4 months, which should be enough for the wedding, spend quality time / honeymoon etc... assuming your fiance can take that much vacation and demonstrate he has the sufficient financial means. Again, do not volunteer to provide more information than what the CBP Officer asks you. However, if asked how long he plans to stay, do not lie: be honest, factual, assertive with proof to back your plans (return ticket, events agenda, bank account balance etc...). Stating that you are coming to the U.S. to marry a U.S. citizen will almost always bring scrutiny and unless the CBP Officer is easy that day, your fiance most likely will get additional questions. He needs to be prepared and convincing. Good luck

Yes. Please note that you can marry your U.S. spouse in the U.S. while on a tourist visit, as long as you are not trying to then adjust status. But be prepared that when/if asked by the U.S. CBP Officer the reason of your visit and you state that you are coming to marry a U.S. citizen, you'd better be prepared to overcome the suspicion of Adjustment of Status, and might get denied entry. Cleanest way is to get married in Canada then CR1, or K1 and come to the U.S. to marry and adjust status.

Big NO Have you even read what we all wrote to you? What you are trying to do is immigration fraud. My post was to explain why you might hear about some people who did successfully adjust status while on a tourist visit, but again, this does not apply to you. I also wanted to clarify about Canadians not needing an ESTA. Again, do the K1 or CR1. The Mods should close this thread.

Canadian citizens do not need an ESTA to enter the U.S. nor do U.S. citizens not need an eTA to enter Canada. But as it was written by other members earlier, all of this is a moot topic since entering the U.S. on a tourist (non-immigrant) visit (ESTA or other tourism visa) with the intention to adjust status is immigration fraud. There have been cases where tourists would enter the U.S. on an ESTA, fell in love, got married and then adjusted status, but that was because it was all in good faith and the tourist did not have immigrant intent (to adjust status) at the time he/she initially entered the U.S., which is clearly not your case. As advised above, either go the K1 or CR1 path.

This doesn't make any sense at all. If you follow this reasoning, all LPR (green card holders) should tick "non-U.S. resident" because all green card holders travel with their original country passport out and back into the U.S. Most of the answers you have received here make sense. Plus, you have the chance to do Pre-Clearance, so you have CBP agents on-site.

Also, what surprised me the most was "how the hell was she able to board her flight into Rome from the U.S.?". Clearly the airline that issued her the boarding pass without checking her eligibility (Schengen visa) was bearing the responsibility and it was a clear case of it being legitimately fined for this situation.

I saw that episode on National Geographic "Catching A Smuggler / Border Control – Italy" taking place mainly in Rome Fiumicino airport (FCO) with that unfortunate Filipino young woman who just landed and was detained because she didn't have a proper Schengen visa. She was traveling with her U.S. citizen husband and they were to catch a cruise throughout the Mediterranean for their honeymoon. She was a (probably conditional) green card holder with a Filipino passport and assumed that her green card would act as a visa. The Italian immigration police officer kindly explained to her that the green card is for U.S. only and bears no relevance in the E.U. and her Filipino passport required a Schengen visa. Although sympathetic to her pleading, they still denied her entry and was put on a flight back to the U.S. where, in tears, she was reunited with her husband who consoled her. It was a young couple who look nice and harmless, but well... dura lex sed lex. This is clearly a cautionary tale. Many people seem to think that a green card is the sesame that will open the door to the whole world in terms of travel...

The WHTI is still in force. The June 30, 2022 deadline is only for entering the U.S. by air with an expired passport, which was an extraordinary measure set in place after the COVID.

Those are most likely irrelevant details (how the salary gets paid). The truth is that even the balance of your bank accounts are irrelevant (you can quickly transfer money). Under U.S. Immigration laws, you are automatically considered/presumed to have immigrant intent, and the burden is on you to prove otherwise to the Consular Officer during the interviews. Again, documents are generally irrelevant and you can bring them, but the CO is not obligated to look at them. This is because documents can be falsified/forged, not verifiable and/or not enforceable. Most of the times, if you can articulate clearly why you need to travel (tourist or business) with motivated reasons, have a clear plan for your travel that makes sense, explain things simply and have a body language that is in line with what you say, half of the work is done. In your favor, you have a history of your travels and the (wise) usage of your previous visa that shows you didn't overstay or did not make too many frequent and long duration trips that could be appear suspicious in that you are trying to circumvent the purpose of a B1/B2 visa. The fact that you can prove you have a stable job generating a stable stream of income, own some property, have a life established in Bahrain with family with friends will be the last criterion. To prove all of the above, you can have documentation with you but if the way you explain is clear and not confused, your body language is the best lie detector, you might not even need to show those documents. COs are trained to read people in their voice and body language.

Yes, but your L-1 visa is technically still valid if you haven't left your employment. You are only a parolee from the moment you re-entered under the AP. Therefore, exiting the U.S. and re-entering with your L-1 should reinstate your status, no?

I may be wrong but my understanding is that a L-1 visa is a dual intent visa. Therefore, as a L-1 visa-holder, you can technically re-enter the U.S. without using the AP. I was an E-2 visa holder and my husband was a L-1. My company sponsored me for the green card, with my husband being a dependent. While we were adjusting for status, I could absolutely not travel until I got my AP (EAD+AP Combo Card). My husband had to fly abroad for business and was able to re-enter under his L-1. He did it 3 times without issue. The CBP Officer did ask him some questions as it probably popped up on his screen that he had a I-485 pending. Of course, when we both received our combo card, he used it rather than the L-1 visa, although it was much more inconvenient (AP requires to go through secondary inspection while L-1 does not).

Interesting link thanks. So basically, if you accidentally registered to vote, you should be fine, but if, as part of the registration process there is a specific question asking you to confirm that you are a USC (I guess it would depend on each state's DMV) and you replied "yes", then you might run into an issue because you clearly misrepresented that you are a USC. I agree that OP's wife should have with her all the justification documentation and ready for a strong explanation.

Agree with everyone else, apply under the 5-year rule. You generally apply under the 3-year rule when you don't qualify under the 5-year rule but it usually goes with more scrutinity. Also, a humble opinion/comment: unlike the K-1 process and the I-485 where the sponsorship, involvement, support and oversight from the U.S. spouse is critical, the N-400 is a deeply personal journey. Your husband has been here in the U.S. for all those years and took the decision to naturalize and become a U.S. citizen... I am wondering why you are applying for him. He can do it by himself. Also, you won't be there with him the day of the interview and it would be best for him to do the application himself as he will be questioned on his answers.

Not stating the obvious, but alimony and child support cases are family court matters, which are State Court (here Georgia). No state judge has any authority to grant U.S. citizenship, nor direct a federal agency (USCIS or the State Department) to recognize the child as a U.S. citizen, which are federal matters. Maybe a U.S. District Court can, but I fail to see legal grounds for the Colombian mother to file a suit. So I agree with what has been written by other posters: unless OP's friend initiates himself the CRBA himself, nothing is going to happen on the citizenship side.

They'd better know or have a rough idea (2 weeks, a month, 2 months), because a trip like that is not improvised but carefully prepared with an idea of the agenda (no need to know day by day, but a general estimate). Furthermore, the grand-daughter must go to school (unless school holidays period) and the adults have a job and cannot afford to come visit for an unknown duration. Depending on the duration, they will need to prove they have have the financial means to sustain themselves for the duration of their stay. You need to make sure that all their answers are consistent and not contradictory, and they flow smoothly. In most cases, the decision is already taken based on the information submitted in the DS-160 application, and the appointment is to say yes or no (consular officers have tons of applications and try to spend no more than 15min on each interview). They will ask questions only if some info was not clear on the application and need clarification before taking a decision. Clarity of the answers, body language are key. Documents can be brought, but consular officers are not obligated to examine them (and are advised during their training not to review documents – they can be fake and even if authentic, there is no way to enforce them). Remember that under U.S. Immigration Laws, every visa applicant is deemed to have immigrant intent unless he/she can convince the consular officer otherwise. So, the answer by default is to reject the visa application. Therefore, showing strong ties is critical. Of course, if they are truly here for visit, there shouldn't be any issue. Good luck!