Demise

8ish months from cursory look at the processing times. Varies by field office. https://egov.uscis.gov/processing-times/

Not a factor. Back in the day that might've been a factor where USCIS wanted you to be divorced and if you are divorced then you initiated it. That's no longer a factor or a requirement. When it I filed my I-485 I was still technically married. My ex was the one to file for divorce (which I just defaulted on) and the divorce order was entered like 2 weeks before my interview date. I'd recommend getting a different lawyer honestly. Only things they really need to do is give you a prep and tell you what to say to the more difficult questions and interject if you screw up or the officer is giving you a hard time. Naturalize first and then marry and file. Why? Few reasons: 1. While a remarriage should not be a factor for VAWA naturalization, some members here have reported USCIS giving them issues to naturalize under the VAWA 3 year provision when they remarried. Don't remember who but I do remember one or two who did report it. 2. F2A is currently backlogged about 3 years. 3. I-130 filed for spouse by an LPR who got their permanent residency via marriage to a US citizen or LPR (that includes VAWA self-petitions) cannot be approved unless one of the following applies: a. You can prove by "clear and convincing evidence" (i.e. 75% certainty) that your previous marriage wasn't entered solely for immigration benefits (normal standard is "preponderance of evidence" i.e. 51%), or; b. Your previous marriage was terminated by death of you ex. c. You've been an LPR for at least 5 years. d. You've naturalized. So take your green card, look at the resident since date, add 3 years, subtract like 85 days, and that's the day when you should file N-400. Then naturalize, marry your fiance, and petition for him/her. Doing so you skip over all 3 issues: 1. You're not remarried yet so the question of remarriage vs VAWA naturalization does not apply. 2. Immediate relative category is not subject to any numerical limitations, so you can file I-130/I-130A/I-485/I-765/I-131/I-864/I-693 immediately. 3. You've naturalized so the 5 year waiting period no longer applies either.

Considering that N-400 is one of the few things where you need to be domiciled in whichever state you file from for at least 3 months right now it all depends what you plan to do. If you plan to stay in TX for the foreseeable future - file with the TX address and just naturalize in TX and then you're free to move wherever. If you are going to move to FL (or any other state in the next couple of months) then move to that state, wait 3 months, and file then. Filing and moving will likely just get your N-400 denied. Yeah it's annoying but if you want to file N-400 you both need to live in said state for at least 3 months and stay there until you naturalize. Sadly the 90 day early filing option applies solely to time as an LPR (3 years if married to a USC or VAWA, 5 years otherwise), it doesn't apply to the domiciled in state or USCIS district requirement.

1. Looks like you haven't received your permanent residency yet, so yes. 2/3/4. Depends on what you do exactly because you've got a few options: Option 1 - You can file I-485, adjust in US, then file I-824 to forward the remainder of the petition the NVC which will then pass it to the consulate that will handle her immigrant visa; Option 2 - If you're on H, L, or O visa, then she could apply as a derivative on your current non-immigrant visa, and adjust together (I-485) with you. This is not available on other visas (e.g. E, F, J, TN, etc) since coming on those with intent to adjust is basically immigration fraud. Option 3 - Last option would be to file I-824 for USCIS to forward the entire application to the NVC, which would handle both yours and your wife's immigrant visas. Regarding the timings, I simply don't know. So just ask yourself what's most important for you. If it's getting you both green cards ASAP and you're on H, L, or O visa - go with option 2. If it's getting your own green card ASAP and your wife still has studies to wrap up and her arrival isn't too time critical - go with option 1. If it's getting her green card at the cost of getting a bit delayed yourself - go with option 3. If you were born in a backlogged country (i.e. China or India) and your wife wasn't and you want to use her country of birth - option 2 or 3. Looks like it's just the I-140 that was approved, no IV or AOS yet.

If you really want to go that route then ask your congress(wo)man or senator to inquire on your behalf. VAWA privacy protections are what they are and the rank and file employees (Tier 1 and Tier 2 at the call center, whoever does infopass, and whoever handles ordinary requests) literally can't see anything about your application. Now, you can in theory write to the VAWA team at VSC, but in all reality that place is a black hole, I've sent them an AR-11 and a letter explaining that I moved, this address is my safe mailing address, and to please re-send my I-360 approval notice and C31 EAD, wasn't until I asked my senator to ask them what's up where they finally found my letter and sent me my stuff. So yeah, in theory they are meant to protect you, in all reality this is why "ask senator/congress(wo)man to ask USCIS" has become standard operating procedure here. USCIS has to respond to congress. I doubt they'd deny you since it's something out of your control. You go to a doctor and they give you the I-693 you should be able to accept the doctor's findings, similarly USCIS internal instructions say to accept the doctor's findings unless there's really glaring issues. Worst case scenario they'll likely re-RFE or NOID you to get the updated shots. That being said, when I looked over my I-693 after submitting it I found some issues like some of the blanket waiver boxes not being checked (for example: I somehow got to this point without ever being vaccinated for chickenpox nor having gone through it, at the time there was only time for one dose, so take that dose, tick insufficient time interval). USCIS took them without any issue, though in my case all of my shots were up to date as much as they could be. If you are completely paranoid - get the updated vaccine, get a new I-693, and send that in, include a letter explaining why you're sending in a second one and a copy of the RFE if you have it. Also, if you are as cynical as I am - USCIS has no financial incentive in denying here. As of the last fee schedule changes I-485/I-765/I-131 for VAWAs are free.

No, I already mentioned this before. While nothing in the regulations or policy manual directly addresses death, it does address a loss of citizenship (which is not a factor), and any kind of legal status ends with one's death. There is also no requirement for the ex to be alive. This for example is why posthumous citizenship for soldiers who are KIA is backdated to the date of their death. Can't grant citizenship to a corpse and because they are considered to have died as a citizens a next of kin spouse is eligible to self-petition as a widow(er) now.

Well this is still something that should still be argued regardless because the officer did act contrary to policy where USCIS is not supposed to inquire or demand further documentation regarding the ex-spouse. Moreover the only claim of error could be made in regards to the I-360 which is something field office workers are not supposed to inquire about or attempt to re-adjudicate. In order to try to pull the I-360 back regarding whether the ex was a citizen or not the officer would need to somehow come into information that the spouse was not a US citizen. Obviously whatever Braveheart123 gave to VSC was enough to establish the ex's citizenship whether the ex was a naturalized citizen (where they could find him in his own records), or if there was a previous I-129F/I-130 filed for Braveheart123 or for any other person, or if they maybe had to inquire with the DOS, SSA, or any state agency. In similar vein there's no requirement for the ex to have remained a citizen (which might be at least one angle the IO is trying to push, well he was a citizen, is he still?) and indeed in this case it looks like the ex is dead. Like where's the logic to demand a passport of the abusive ex during naturalization when the citizenship was already established during the I-360 adjudication, like VAWA already comes presumption that one has to work with scraps. Finally, the voting record might've been the linchpin proof since well, have to be a citizen to vote outside of a few localities which likely split the registration into two parts.

Bolded is the only part that really matters since this wouldn't be a travel under VWP, so passport + AP should be enough to seek re-entry into US. That being said, is there chance that you get denied - sure, unlikely but it does exist. Of note is that coming back on AP tends to trigger secondary inspection where they will make you sit at an office until they clear your AP with USCIS. Personally I'd save yourself the anxiety and just wait until you have your green card in hand.

1. Somewhat. The expiration date on the visa is the date you have to enter by. You're in, so the expiration date doesn't matter anymore. You might notice the text that says "Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year", basically the now expired visa and the stamp on or next to it is proof that you're a permanent resident, valid for 1 year since your entry. So if you were to misplace your green card until April 24, 2025 the stamped immigrant visa can be used in place of a green card for stuff like work or travel. Reason for this is because sometimes USCIS can be a bit slow to print the actual green card and that's an interim proof. 2. Since the day your residency began. So 90 days before April 24-25, 2026. So yeah, late January to February is where you should file an I-751 for removal of conditions and you really need to get it in by April 25, 2026. In terms of the visa, yeah, there's nothing to renew right now. Yes the green card is the document that matters.

"If the beneficiary is currently in the United States, complete Items Numbers 46.a. - 46.d." So if the beneficiary is NOT currently in the US then skip numbers 46.a-46.d. So on 45 you'll mark yes. 46.a. to 46.d. you leave blank. 47. You'll put in her passport number 48. You'll leave blank (that's for if one has entered US on something other than a passport) 49. Country that issued the passport. 50. Passport expiration date

Short answer: Yes. Complicated answer: INA 334(a) controls that. The law just says "3 months" before meeting the residency period under Section 316 or Section 319. Section 316 is the general 5 year naturalization provision. Section 319 is the 3 year naturalization provision which is either by marriage or by VAWA.

It shouldn't be a factor. Using a fake SSN all in itself doesn't trigger any inadmissibility. It is also not identity fraud to use a solely made up SSN which may or may not belong to someone and you have no idea if it does and to whom (Flores-Figueroa v. United States). Misrepresentation only triggers if you lie somewhere in the immigration process. Lying about one's status outside of that doesn't trigger any admissibility as long as you don't claim to be a US Citizen. Other questions your friend should be asking himself: Did I enter by fraud (e.g. on someone else's documents)? In case of which he should be filing an I-601 for fraud rather than I-601A for unlawful presence, on the bright side the fraud entry counts for AOS. Did I ever claim to be a US Citizen? In case of which he's likely screwed. Are there any criminal reasons that'd make me inadmissible? Was I ever in removal proceedings? Basically anything that would elevate the case from being solely about unlawful presence.

It looks like he's an LPR for an indeterminate amount of time since the NBC article says "Just days before their trip, she said he received his recently renewed Green Card". At least 10 years but he equally well might've been an LPR back when he originally enlisted. However naturalization under the military provisions should remain as a defense to removal. Of note are INA 328(e) (8 USC 1439(e)): Moral character: "Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of section 1427(a) of this title", which points to: INA 316(a)(3) (8 USC 1427(a)(3)): "during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States." INA 318 (8 USC 1429) Prerequisite to naturalization; burden of proof: Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),1 and except as provided in sections 1439 and 1440 of this title no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter." Sections 1439 and 1440 are INA 328 and 329. Then finally USCIS Policy Manual Volume 12, Part I, Chapter 3, A: "The applicant must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization." So it's kinda on him for not seeking naturalization while in active service, and not seeking it after meeting 1 year of good moral character following the drug conviction, timing would depend on when he completed his probation but I doubt he'd be in probation that long, he could likely still argue that INA 328(e) exempts him from the normal good moral character requirements.

N-400 you have to pay the fee or get a fee waiver, unlike most other things that are just blanket free for VAWA beneficiaries these days regardless of your ability to pay. In order to get the I-912 fee waiver approved the normal requirements apply: You, your spouse, your child, or your parent (if under 21 or disabled), are receiving a means-tested benefit. Your household income is at or below 150% of US poverty line. You are currently experiencing extreme financial hardship, including hardship from unexpected medical bills or emergencies, that prevents you from paying the filing fee. https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver

That's correct. 3 years under VAWA, you can file up to 90 days early which in your case will be September 3rd. You should be able to file it online.