SteveInBostonI130

No. You can apply 3 years from 9 Dec 2021, minus 90 days.

In order to file N-400 online, the website will guide the applicant through a questionnaire. Based on the answers, including residency in the US and residency in the State data, it will state whether the applicant qualifies or not.

"EU" is by definition European Union. Some people confuse EU as European Region, which is it not. It is beneficial to know the difference.

EU and Europe are 2 different things. EU is European Union. Not all countries that are categorized in the continent of Europe are part of the EU.

It is "routinely available". The only thing that happened recently is that as of April 1, 2024, Covid 19 vaccines are no longer free. I believe it is about $100. https://mainichi.jp/english/articles/20240319/p2a/00m/0li/001000c

The job of USCIS 1) to see if there is anything that can disqualify a petition, and 2) to verify the information provided, and by extension, the validity of the petition. One thing going for you is that you do not need to establish proof of bona fide relationship for the I-129F. You just need to provide proof of the 3 basic requirements: the petitioner is a US citizen, both parties are free to marry and intend to marry, and the parties have physically met within the last 2 years. USCIS will also check that the petitioner does not have a criminal history that bars from qualifying. The approval of the fiance visa itself by the embassy is a separate matter, which requires background checks of the beneficiary, relationship evidence, and other requirements.

It sounds like you are on top of it. EDIT: What help do you need?

Members of active military have access to immigration liaison personnel and a special hotline to USCIS. In your case, it sounds like USCIS will not be involved and the embassy (DOS) will directly handle the I-130. I would advise you to prepare all your paperwork and have your required documents ready (passport, police record, birth certificate, marriage certificate, etc.)

For adjustment of status, you will need relationship evidence. With him being incarcerated the entirety of your relationship, you will need rock solid evidence that your relationship is genuine. I highly recommend you to consult an experience immigration attorney.

The only thing that could be an issue is if you applied for any USCIS forms online - I-130, I-134A, N-400, etc. Checking for immigration records is not a red flag. Checking your I-94 is not a red flag. At worst, they may ask about it at the B2 renewal interview, if the interview is not waived. You would just answer honestly - that you thought that was where you checked for B2 visitor status.

By requiring a waiver, it is the very definition of out of the ordinary. This case is not DIY.

All evidence from when the I-129F was submitted to the day of the interview. Which country?

Per US State Dept: For example, if you received the visa on Aug 31, 2023, then your visa would have expired Feb 29, 2024

Yes. Assets are optional.

Do you mean the last visa is already expired? The link states for renewal it has to be within 48 months of the visa expiring (that is, the last visa should not have expired).

Per the link you provided, the interview waiver is for new H2 visa applicants and certain renewing visa applicants except for B. A tourist visa is B2. Interview will not be waived.

1. About a year before their PD becomes current, NVC will invite them to apply for the visa - complete the AOS and IV sections. 2. Fees are due when NVC opens the case for them to apply, per 1, above.

Not really an issue. Plans change when making travel arrangements. It is a multi-entry/multi-year visa. They do not expect you to list all possible places or limit you to the one place listed for all visits. She does not have to state anything to CBP other than to answer their questions truthfully when asked. Typically they will ask if the trip is for business or pleasure (pleasure) and how long she plans to visit (20 days). They may ask where she will visit or who she will visit, and if so, reply she is visiting you.

I hope you guys filed the I-751 and not the I-90.

It sounds like you were cut out of the lottery. IIRC, visa lotteries have to be issued by Sept. 30. Past that date, your lottery status is reset and you have to re-apply for the next lottery. I-130's take about a year to approve. Because your wife is a permanent resident and not a citizen, your category is F2A. That category has numerical limitations and you need to wait for a visa number to be available. An approved I-130 does not automatically give you a visa number. You cannot remain in the US with an approved I-130. You can only remain if you qualify to adjust status. You cannot adjust status until a F2A visa number becomes available. If you overstay your M1 visa, you will automatically be disqualified from adjusting status. You can return to your country and apply for a B2 visa to visit before your M1 expires. There is no guarantee it will be approved. If it is approved, you can visit for up to 6 months, at the discretion of CBP. You can only visit - you cannot work, even remotely. If an F2A visa number becomes available while you are legally visiting with the B2, you can adjust status, depending on what you stated to CBP when you entered on your B2. For example, if CBP ask if you are planning to stay and adjust status, and you said No, they can used that to deny your adjustment.