da95826

Yes, go to the interview, Joint ROC interview requires your presence. If you are not there and IO wants to interview you both your i751 case could be denied. I would leave the child at home; they may not be admitted to the field office. You should if you can.

You should retain a good immigration lawyer to help you through adjustment process since there is a good chance, he may get charged with misrepresenting the reason for entering the USA on the B1B2 visa. He knew his spouse before entering the USA, had a baby, got married, and did not return to his home county. Your case is complex, you will need to get a waiver if found to make a misrepresentation. A lawyer may help you avoid the misrepresentation issue and will help with the waiver if needed. You don't have a simple AOS case, so you need a good lawyer, good luck to you all of you.

In our combo interview it took three weeks for both cases to be approved after interview, may take a bit longer in your case due to the l751 file not at the field office during interview. Hope USCIS gets it act together soon and approves your cases in the next few weeks.

Sure, One of the parts of proving a bonified marriage is to show commingling of finances, combining income together and showing you are paying expenses with that combined income. The most straightforward way to show this is to have a shared checking account and each of you deposit money into the account each month (direct deposit from pay) and show paying your monthly bills each month. So, if you can provide monthly bank statements for each month during the marriage showing the deposits and expenses is the best proof. If one partner has income you can still show, as best you can, that the partner with income is paying for joint expenses from bank statements. If you have separate accounts, you can show that each of you is paying shared expenses separately i.e. one pays the rent, the other pay the home energy bill and so on, each month during the marriage from bank statements from each account. If you have joint saving you can show monthly statements for that account as well. If you have joint/shared credit cards you can show monthly statements from that account. Use any or all of your monthly financial statements to show how you and your partner support one another financially during your marriage.

Some suggestions on additional evidence to try and obtain from your ex. It looks like you are light on evidence for co-mingling of finances with no bank statements submitted. If you and your ex can show that each paid bills for one another showing deposit of pay from employers and paying bills with a common account with bank statements over the time you were together would go a long way to prove you bonified marriage proof. You can provide copies of W2 and 1099 from the time of your marriage from both you and your spouse, they provide the address you were living at the time and income from both you for your income tax comingling of income. Copies of your state income tax documents if applicable for your state and if you have not already included them. Copy of mail addressed to each of you or both of you at your common home address during your marriage anything from Christmas cards to official documents even junk mail mailed to your home address. Photos on letter sized paper with captions indicating who is in the photo, where and when photos taken. So, if you were on vacation somewhere with ex show print two or three photos on a page with a description like My name, my ex-name on trip to New York May 2019.

Congratulations on his naturalization. I wish you all the best of luck, but you will need an attorney to help you through your case for sure. From what I see I believe you have a winnable case, but you are likely to need waivers for misrepresentation and it will take years to process it through USCIS. An immigration attorney can give you an accurate option on your chances of success and how long it may take.

You should 100% get a competent immigration lawyer to help you with your case. 1) Having not attended school on an F1 visa you are likely to have made a misrepresentation of having funds to attend school when in fact you did not, when that happens you will need a waiver or waivers to get a green card application approved. No way should you attempt to file i130/i485 application without a lawyer. 2) Being in the USA for 15 years without legal status you may have done things that make you deportable without a waiver to overcome it, like a false claim to US citizenship (to get a job) or certain crimes. Review your work and criminal history to see if you can even apply for an immigration benefit successfully without alerting ICE of your presence in the USA for deportation. You need a lawyer with your complete history to offer you an informed opinion on the chances of approval. 3) You spouse may need legal review if your child is with him, did he list the child as his child or stepchild on the n400? When did you two first meet, did he get his green card through marriage, if he was married before, did you know each other while he was married to his other spouse going through a green card or naturalization (3-year) process? If any of these facts are true, you should consult with a good immigration lawyer before filing, Your case is complex and is not a DIY case, you could find yourself in legal jeopardy if you file without the help of a lawyer.

Yes

That is normal to get two notices when cases move from one office to another (we got two notices like that when our case was moved from California Service Center to NBC). It is likely your case is moving from a service center through NBC to your local field office. Local field offices adjudicate i751 if there is an interview, they may approve it once it reaches there without an interview, or they may call you and your spouse for a joint interview. You will just need to wait and see what happens. The most likely location with jurisdiction is your local USACIS field office they would be one to contact if you were attempting to reach out to USCIS.

To answer your question, Adjustment of Status is the process of converting one US immigration status like being on a student visa or visit visa to a Legal Permanente Resident status (green card holder). As indicated above when entering US on any non-immigrant visa like B1/B2, ESTA, F1 you cannot enter the US with the intent to stay or apply for a green card.

Technically a person could come to visit if they have a valid B1/B2 visa even with an immigrant visa under process. However, there is a chance they could be subject to additional scrutiny entering the USA. They must enter the US to visit with the intent to return to their home country. If they intend to get married and stay when entering the US on a visit visa that would be a misrepresentation and would cause serious issues with USCIS. If they entered the US on a visit visa stayed for some time like 60 days or more and then decided to stay and file for adjustment, then that would be okay.

@Rocio0010 Remember, with n400 online you can still upload documents and download the notices that are mailed to you anytime. Likely your receipt notice and fingerprint notices are likely already posted and can be downloaded. Check under the document tab at the https://my.uscis.gov/account/applicant. Ours took a year for naturalization hope fully faster these days.

Yes, you need to consult an immigration lawyer. DUI's are not the same from state to state and all US states treat DUI/DWI differently. If it was a felony conviction, then you may not want to apply for naturalization at all. You would need to wait 5 years after any probation or incarceration has ended to apply for n400 if it were a misdemeanor conviction, and you are not subject to deportation. Any criminal conviction requires an immigration attorney's review as to the effect on the LPR status in the US, if you became deportable, became inadmissible to US, or you simply will not make good moral charter standard for a n400 application. LPR with criminal convictions should not DIY your immigration interactions with USCIS, or even travel out of the US without the advice of an immigration lawyer.

You should enter yes and then explain the saturation that it was a traffic citation, and you took care of it. (If you have a copy of disposition from the court and/or have proof of payment of the fine include that in the evidence submitted) It's not going to affect your citizenship, if the i485 question comes up simply indicate the truth whether you did not think it applied to the question at the time or forgot about it at the time whatever is true. The incident does not affect your citizenship, lying about may, so don't lie. As for your n400 case, to qualify to apply for n400 under the three-year rule, you must have had your green card for 3 years AND be residing together with your US citizen spouse for all three years at your home(s) as well. Good luck.

I am surprised by your response. I have seen multiple immigration attorneys advise against filing for many immigration benefits within 60 days of entering the USA on a visit visa or on visa waiver. USCIS appears to have a policy that will assume you entered the US under false pretense, and you will need to go on to prove you did not. https://www.immigrationhelp.org/learning-center/90-day-rule What Is the 90-Day Rule? U.S. Citizenship and Immigration Services (USCIS) uses the 90-day rule when assessing immigration applications. When a temporary visa holder marries or applies for a green card within 90 days of entry to the United States, USCIS assumes that the applicant misrepresented their original intentions. Most temporary visas are single-intent. This means that the visa holder declared that they only intended to use their visa for one specific purpose. Often, this purpose is tourism, business, or study. After some time, the visa holder must leave the country. The 90-day rule applies to those who use the Visa Waiver Program/ESTA or enter the U.S. with a B, F, J, M, Q, or TN visa. The U.S. Department of State’s Foreign Affairs Manual (FAM) classifies these visas as nonimmigrant visas. These are conditional, meaning they do not allow you to stay in the U.S. permanently. So if you marry or apply for a green card less than 90 days after your arrival, USCIS may have an issue. Misrepresenting your original intentions can seriously hurt your chances of getting a green card.

It would be best to wait for 60 to 90 days after entry to avoid USCIS to automatically assume you mispresented the reason for entering the USA i.e. entering the USA to stay instead of coming to visit.

Technically yes, you could apply after a divorce, but it will not be approved if USCIS suspects marriage fraud. There is a small chance if USCIS suspects marriage fraud and can prove it in your old case you could be denaturalized sending you to court to have a judge take your citizenship away. So, if you knew your potential new spouse back in your home county before your marriage to your current US spouse then your citizenship would be in legal jeopardy due to marriage fraud.

You should order a new copy; you should be able to oder a certified copy of the jurisdiction your spouse is born in, most likely online. The interviewing officer may require you to get a birth certificate. A US passport may work, but it may not work if does not prove your spouse has been a US citizen for more than 3 years (new passport). Copy of Tax transcripts are good as downloaded from IRS website, no need to get certified copy of tax transcripts. Yes, if you can, there is a small chance the IO may want to talk to her, it could be helpful. Most likely they will not be called into the naturalization interview, but it looks better to have the officer see your spouse is there. ***Submit proof you have been living with your spouse for the last 3 years... The one thing I am not seeing listed in your case is evidence that you have been cohabiting with your US citizen spouse for the previous 3 years, evidence like joint tax returns, copies state ID with same address, photos together, joint lease/joint mortgage, proof of travel together, letters address to common address, w2/1099 last 3 year showing common address and so on. In addition to continuous residency for the past 3 years you also need to prove you have been living with your spouse at your home address for the past 3 years also. Yes, you may have an issue with international travel in March 2023. One you take your Oath you are a US citizen your green card becomes invalid (USCIS will take your GC). You will need a US passport to travel outside the USA which will take 6 weeks or so unless expedited.

For your child to become an US citizen by law: Your child needs to be under 18 years old The minor child must have their own green card Be in your care and custody residing in the USA You be a US citizen All must be true at the same time.

It took a little over a year for our naturalization interview back in May, it is even faster now for most cases filed recently so likely faster to get naturalized than getting a GC renewed.

We had a combo interview in Sacramento last May with just a n400 invitation. You will likely have a combo interview, not a 100% sure but more likely than not. Be prepared to do the i751 and n400 interviews together at the appointment, bring updated evidence and your spouse. Good luck.

Did you file online?? You should have a https://myaccount.uscis.gov/ account that can access your account files. If this is for naturalization you can go to the My account USCIS web site and go to document tab and download the RFIE letter. Looks like you did not provide the evidence needed for the n400 filing.

Yes, that is what is needed, better than a passport. It shows how long he has been a US citizen.

Looks like with current fees it would be $1130 cheaper saving both the i130 and i751 fees to file under the asylum basted AOS. Also, it is a much easier immigration path skipping the i751 removal of conditions process. Not sure how long they have to wait until they can file the i485 hopefully before the USCIS filing fees go up in price.

If they self-file for a green card, it will be cheaper. No i130 filing fee needed ($535) Still need to pay for i485 fee $1140 + biometric fee (unless they are a refugee then it is free). Note all USCIS fees are going up soon in some months from now so file as soon as possible. The significant difference is they will get a 10-year green card when they file through the approved asylum, not a 2-year conditional green card they would get through marriage. This will save having to file an i751 application to remove conditions two years after issuance of the conditional green card. I would wait and file through asylum and avoid the whole i751 filing which is a pain to go through and has $595 + biometrics fee. When the time comes you will be able to file for naturalization (n400) under the 3 years rule after the start date of the green card if you are still married and living together with your spouse at the time. Since the Green card start date will be back dated 1 year from the date AOS is approved with the asylum green card application your spouse will be able file n400 around 2 years after they get green card if they qualify assuming you a US citizen.