Demise

Yeah put the old passport # in 21.b., old passport expiration date in 21.e., and issuing country in 21.d.

Bit of a late reply. Since you know about her, and you married while she was under 18, I'd list her, and do explain in the last section basically what you said here. "Didn't know about her at time of marriage to [spouse], didn't live with us at any time, I had no role in her life, only listing her since technically she is a stepdaughter".

For I-765: (c)(9)( ). This is the general category for applicants for Adjustment of Status under INA 245, doesn't matter if it's via marriage (I-130 or I-129F), other family (I-130), work (I-140), investors (I-526), special immigrants (I-360), S-visas (I-854), T-visas (I-914), U-visas (I-918), or Diversity Lottery. There are a few groups that adjust via different sections of law and use different codes (asylees, refugees, and pre-1972 registry applicants). Do not use A6, A6 only exists due to a quirk in the law where technically K-1 visa holders are eligible to work incident to status, however that is only valid while the K-1 is (so 90 days), so that will in the absolute best case scenario only get them an EAD valid for a couple of days and more likely the K-1 period will expire by then and the I-765 will just be denied for mootness. Again, use (c)(9)( ). I-765, #24: K-1 for the husband, K-2 for the stepdaughter. I-765, #25: Same as above, if their admission periods expired "K-1 expired" for husband, "K-2 expired" for daughter. In the event you'd file I-765 after I-485 that's when you can alternatively put down "Pending I-485", or "Applicant for Adjustment of Status". Ultimately USCIS is not too picky about what you put in there as long as it makes sense. I-765, #21.b. - Put down whichever passport he was admitted on, in this case it'll be the newer one. It's not an uncommon scenario for the visa to be physically in an old passport. I-765, #21.c. - Leave blank, this field is for cases where you enter US on something that is not a passport (e.g. Any WHTI Document (Canadian Enhanced Driver's License, NEXUS, Sentri, etc), Canadian birth certificate (if under 16, or under 19 if traveling with a school/religious/youth group), Border Crossing Card, US green card, Refugee Travel Document (US or otherwise), Re-entry permit, UN laissez-passer, maybe 1954 convention stateless travel document (not sure, US never signed that one) and probably some others). In any case, leave that one blank, or if it being blank bothers you just put in "n/a".

Assuming that this is an IR5 case (and judging from OP's post history it most likely is) there is one edge case - if mother married her husband while OP was under 18. Stepparent-stepchild relationships work both ways when it comes to sponsoring. But that's about it and even if, mother's husband would need his own I-130. Just bringing this up in the unlikely event that's the case since it'd save some wait.

The rules are as follows: 1. You've been married to a US citizen for at least 3 years. 2. You've been an LPR for at least 3 years. 3. Your US Citizen spouse has been a US citizen for at least 3 years. In other words it's basically 3 years from whichever is last: 1. Date of marriage (2021 in your case) (example case being an LPR marrying a USC) 2. Resident since date (2023 in your case) (example being the typical marriage AOS or IR1, which is by far the most common scenario) 3. Date of spouse's naturalization (2025 in your case) (example being two LPRs marrying and soon thereafter one of them naturalizes, or another LPR petitions for spouse as an F2A, spouse comes to us on F21/FX1, and the LPR sponsor spouse naturalizes) In your case you're actually in a funny scenario, you'll become eligible both under the 5 year general provision and 3 year spouse of USC provision at about the same time in January 2028. So honestly, just file under the 5 year one when that becomes available in roughly October 2027, it's easier since you do not need to yet again prove that the marriage has continued to be legit, and since USCIS interviews for naturalization (they have to give you the exam portion somehow) they will most likely just switch you from 3 to 5 year provision unless you don't meet the physical presence requirement under 5 year provision.

Master hearings are generally very brief. If you have a lawyer your lawyer will be doing 99% of the talking. Other than that the way it'll basically just look like: If it's the first one: Do you admit or deny the allegations in the NTA? What language do you speak? What is the designated country of removal? If it's any then it's basically just taking attendance and the status of your case. E.g. Did you show up? Good. Is the I-360 still pending? Yes: Reschedule for another one. No: Either grant a motion to terminate or schedule you for an individual hearing. (Similar vein with EOIR-42B where if it's still backlogged - reschedule, if it's current - individual hearing, COR can only be granted by an IJ). That's about it, master hearings are for the most part just procedural.

Her, but hey always happy to help

Generally people like that end up in that situation because they paid for a coyote to later smuggle a relative (e.g. child). When it comes to the alien smugging bar, you can't get it for smuggling yourself in.

None of the things noted in the other thread should be applicable. The inadmissibility for Entry Without Inspection disappears the moment one leaves the US and is basically a dead letter in ways that aren't relevant here. None of the unlawful presence associated bans (3, 10, or lifetime) would apply since they didn't come into effect until the effective date of IIRIRA in 1997. There is the very slight chance that they could slap her with "alien smuggling" however that is unlikely. The section of law in question boils down to "any other alien", i.e. one cannot get it for smuggling themself in. Basically she'd need to arrange for someone else to get smuggled in, and if that someone was a parent, spouse, son, or daughter - then there's a waiver available. All in all, I think she'll be fine.

Yeah good point, lol.

Not an option unless someone petitioned you, or a parent (and you were under 21 and unmarried at the time), or a spouse, before April 30, 2001 (also known as 245(i)). Like the thing about overstaying is that immediate relatives of US Citizens (that is spouses, parents, and unmarried children under 21) generally can adjust status despite that. In most other categories that prevents you from being able to AOS. Can't really leave to do consular processing either because you'll catch a 10 year ban. Maybe if you have a USC or LPR parent I-601A would be an option, but as is either you'd need to get back together with your wife or wait until your daughter turns 21.

I don't think you'll need a good lawyer OP, what you need is a kid that's over 21 and a US citizen who can sponsor you. Though first order of business should be to do a FOIA for the entire copy of your A file and see what exactly happened in there.

Yeah fair point, in that case just stick it under the secondary evidence. Or last option just file a paper form.

It really won't matter. That question is really only meant to verify that you gave the surgeon some ID, and they looked it over and verified that the ID matches you. If they interview you, just bring your passport with you and in the unlikely event they ask just say "yeah I think they copied the wrong number off my passport". USCIS in general isn't too picky about how the I-693 is filled out as long as it is mostly correct. When I did mine I just put it in an envelope with the RFE notice and threw it into a mailbox. Looked over the copy after I got home and some of the vaccinations weren't done completely right (missing a few of checkboxes for insufficient time interval) and USCIS took it just fine.

Give the requirements and the list provided I'd stick that under "evidence of child's U.S. citizenship", since the derivation does hinge on the child residing in US in your physical and legal custody, or alternatively put it under Secondary evidence.

Yeah I wouldn't really treat this as gospel since if this was a mistake then USCIS can give you a hard time when it comes to AOS. You obviously entered legally so you'll be able to adjust, but they might decide that the K-1 went poof the moment you left and demand an I-130 from you instead, of course they might as well honor it. So you know, plan accordingly. If you want to test it: marry within the I-94 period and file I-485 based on the I-129F. If you want to play it safe marry and file I-130/I-485 as a spouse instead. In any case include I-765 (category (c)(9)) for a work permit and I-131 for advance parole and don't travel abroad until the I-131 is approved.

So N-400 does ask, but the question is solely in the context of "good moral character" which only looks 5 or 3 years back depending on the basis for naturalization. This is similar to how example failure to register for selective service makes you ineligible to naturalize until you turn 31 or 29, but all in itself it doesn't make you inadmissible, or deportable, or barred from naturalization. So my take on it is: disclose it, continue working towards resolving this with the IRS (and any state department of revenue, if applicable), explain the circumstances, and you'll be fine.

Yeah you pay on the USCIS website. Overview: https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee Payment page: https://my.uscis.gov/accounts/uscis-immigrant-fee/start/overview In the meantime her stamped immigrant visa is a proof of status until June 14, 2026. So you know, get this out of the way ASAP but if it takes a few months for it to actually get mailed out it's no big deal.

Well OP, I think you just got a boilerplate response email. Here's the problem, the AVR is specifically only for F, J, M, and Q visas. If you married, the K-1 is toast, your now spouse will need to file an I-130 for you and you'll need to proceed as a CR1. If you didn't marry, then you could try to have the K-1 reissued but that's strictly discretionary and you should honestly expect to file a new I-129F.

I mean, I don't think this should normally be a problem but then again ICE is ICE. The pending I-485 gives you a period of authorized stay while that's pending. I'd keep your EAD and ideally a copy of the I-485 receipt notice on your person if ICE has been spotted poking around the area.

I need the date the original I-130 was approved to give you a CSPA age. That is not the DQ date, that's when the initial petition your mutual parent filed was approved. They could've approved that in essentially any period of time, normally they sit on backlogged categories for a while to extend CSPA eligibility onto derivative children. In any case - if we presume that the priority date becomes current (chart A as you call it) in December 2025, then the oldest is 20 years and about 3 months old at the time, so I think we can skip the CSPA calculation (because you know, under 21 years minus any timespan will still under 21). As long as the DS-260 was filed or will be filed for her somewhere between Feb 2022 and November 30, 2026 she'll be able to immigrate.

So CSPA works like this: CSPA age = Real age when visa becomes available (generally the 1st of the month when the visa bulletin final action date passes the priority date, or when the petition was approved, whichever is later) MINUS the time the petition was pending. In order words the priority date has to become current before the beneficiary turns 21 + whatever time the petition was pending. Then the beneficiary has to "seek to acquire" permanent residency before 1 year after visa becomes available. Yeah I'm definitely wording this a bit awkwardly, but that's because DOS and (sometimes) USCIS let you file based on the "dates for filing" chart, they can't actually issue you the visa or green card until the final action dates chart passes the priority date, in essence they just let you file early, and such early filed application still works to lock in the age provided the other parts hold. "Seek to acquire" basically just means file I-485, file DS-260, or file I-824. Of note is that the application filed to "seek to acquire" and application that ultimately results in permanent residency does not have to be one and the same. Once locked in the CSPA age doesn't expire and the derivative can immigrate whenever as long as they remain unmarried and the primary beneficiary doesn't naturalize before then (petitions just kinda vanish after naturalization of the principal, so follow to join stops being available). So long story short - in this case the petition was pending roughly 4 years and 3ish months. As long as the priority date becomes current before she's 25 and 3ish months old she'll be able to tag along. She should file DS-260 to lock in the age, and then either go to the interview abroad or when parents enter US file I-485. Note that filing DS-260 does show immigrant intent, so it's best not to travel abroad after filing that and just stick around in US as an F-1 student.

According to Volume 12, Chapter 3, F, 1, of the policy manual, the 3 year provision does apply to bigamous cases. Specifically the "or intended spouse" part which is basically defined as: "who believed that he or she had married a citizen of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States". In simple terms: You got married, you believed you were married, you lived as spouses, but the marriage was illegitimate only because of the abusive USC's bigamy. (INA 101(a)(50) and INA 204(a)(1)(A)(iii)(I)(bb)) Digging a bit deeper and looking at INA 319(a) (which is what actually covers VAWA naturalization) "or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty", now we can definitely debate if an intended spouse obtained their status "as a spouse of a United States Citizen" however reading further into INA 204 it does appear so since it does essentially upgrade intended spouses into immediate relatives. In any case, the policy manual (as noted above) does include intended spouses for the 3 year VAWA naturalization. Like all in all, I don't think it'd really matter if you get a divorce or an annulment but just err on the side of caution and get a divorce.

Generally it's not a problem. Unauthorized work isn't normally something that triggers inadmissibility all in itself, it normally is just a bar to adjustment of status and only adjustment of status, so you generally can still leave and undergo consular processing. Of note is that it's not a bar for AOS for immediate relatives of US Citizens (spouses, parents, unmarried children under 21). Only related things that trigger inadmissibilities are: Fraud in somewhere in the immigration process, like you lie to the DOS during a consular interview, lie at port of entry to the CBP, or lie to USCIS while seeking something in US (which triggers a misrepresentation bar that can be waived with an I-601). Falsely claiming to be a US Citizen in any context, even in a private casual conversation (which triggers a false claim of citizenship bar at point of which you are utterly screwed). Lying otherwise (e.g. falsely claiming to be an LPR on an I-9, or using a wholly made up SSN) do not trigger anything here. So you know, in your case since you just worked under the table, own up to it, file and pay off the back taxes, and you'll be fine.

I got my green card May 2024. Still 2 years to go for citizenship. Celebrating just nobody else needing VAWA I guess.