Demise

Got an RFE for my medicals. Hopefully this will go like it did for most - means they waived my interview (something that I thought they didn't do for EWIs), approve me, and I'll be finally free.

Got an RFE for my medicals. Hopefully this will go like it did for most - means they waived my interview (something that I thought they didn't do for EWIs), approve me, and I'll be finally free.

Got an RFE for my medicals. Hopefully this will go like it did for most - means they waived my interview (something that I thought they didn't do for EWIs), approve me, and I'll be finally free.

Got an RFE for my medicals. Hopefully this will go like it did for most - means they waived my interview (something that I thought they didn't do for EWIs), approve me, and I'll be finally free.

Got an RFE for my medicals. Hopefully this will go like it did for most - means they waived my interview (something that I thought they didn't do for EWIs), approve me, and I'll be finally free.

Got an RFE for my medicals. Hopefully this will go like it did for most - means they waived my interview (something that I thought they didn't do for EWIs), approve me, and I'll be finally free.

No. Only time when you'd want to submit evidence of their citizenship would be if they were an LPR, you got BX1/BX6/B21/B26 green card, and later they naturalized and you want to make use of the 3 year provision.
 
If you have 5 years then just check the 5 year option.
If you are adjusting under the 3 year provision, then check other, write something like "LPR for 3 years via VAWA, INA 319(a)", and your IB1/IB6/Z14 green card is proof in itself. If you got a VAWA removal of conditions then you'd want to include the copy of the I-751 approval notice, since that green card will just list the normal IR1/IR6.

Well the way that this works is that if someone like this shows up at the Port of Entry CBP has to let them in, but they can either:
1. Admit them back as an LPR - Good.
2. Parole them in as an arriving alien for removal proceedings - Bad.
3. Try to pressure them to sign I-407 and go away, in case of which you can hold your ground until they do one of the above.
 
If they admit you, you're good to go, wait out the 5 years and file N-400. If they parole you in then it depends on the circumstances, if you're able to re-adjust somehow (e.g. you're the spouse of a US Citizen, or a parent of a US Citizen over 21, who can re-sponsor you) you can do that before the court, otherwise you'd have to prove to the court that you haven't abandoned your permanent residency.
 
I think someone here recommended going to one of the unstaffed CBP ports on the Alaska/Yukon border, since well, not like they can tell you to go away if there's nobody there. Then just get a domestic flight to the mainland and lay low until it's time to naturalize. If you are screwed (no way CBP would admit you, and no way a court would rule that you haven't abandoned your residency) might as well just try that since you don't have much to lose.

I mean if you married within 90 days then your spouse should be able to adjust based solely on the I-129F.
Might not be the worst idea to go around your lawyer and have your congressman or senator inquire on your behalf and see what USCIS tells them. It could be that the case literally fell between the cracks. That alone might unstuck it because someone will have to investigate.
 
If that doesn't help then WoM is the only other way forward.

Well here's the thing - USCIS will upon a denial of I-751 place you into removal proceedings. Immigration judge can review the I-751 de novo and can approve it, alternatively you can in fact file I-360 if you're still within the filing window (within 2 years of termination of marriage), file I-485 with the court and re-adjust. 
 
Sometimes they don't and you basically have to request it from them...

No. Only time when you'd want to submit evidence of their citizenship would be if they were an LPR, you got BX1/BX6/B21/B26 green card, and later they naturalized and you want to make use of the 3 year provision.
 
If you have 5 years then just check the 5 year option.
If you are adjusting under the 3 year provision, then check other, write something like "LPR for 3 years via VAWA, INA 319(a)", and your IB1/IB6/Z14 green card is proof in itself. If you got a VAWA removal of conditions then you'd want to include the copy of the I-751 approval notice, since that green card will just list the normal IR1/IR6.

I mean if you married within 90 days then your spouse should be able to adjust based solely on the I-129F.
Might not be the worst idea to go around your lawyer and have your congressman or senator inquire on your behalf and see what USCIS tells them. It could be that the case literally fell between the cracks. That alone might unstuck it because someone will have to investigate.
 
If that doesn't help then WoM is the only other way forward.

I mean if you married within 90 days then your spouse should be able to adjust based solely on the I-129F.
Might not be the worst idea to go around your lawyer and have your congressman or senator inquire on your behalf and see what USCIS tells them. It could be that the case literally fell between the cracks. That alone might unstuck it because someone will have to investigate.
 
If that doesn't help then WoM is the only other way forward.

I mean if you married within 90 days then your spouse should be able to adjust based solely on the I-129F.
Might not be the worst idea to go around your lawyer and have your congressman or senator inquire on your behalf and see what USCIS tells them. It could be that the case literally fell between the cracks. That alone might unstuck it because someone will have to investigate.
 
If that doesn't help then WoM is the only other way forward.

I mean if you married within 90 days then your spouse should be able to adjust based solely on the I-129F.
Might not be the worst idea to go around your lawyer and have your congressman or senator inquire on your behalf and see what USCIS tells them. It could be that the case literally fell between the cracks. That alone might unstuck it because someone will have to investigate.
 
If that doesn't help then WoM is the only other way forward.

How'd you get it back? 212(c)? LPR cancellation of removal? Something else?
 
I am like 95% sure you'd have to do 5 years again before you can naturalize, if there is some case law that would permit you to somehow be treated as being in US or the deportation not breaking the residency period while you were not in US pending the appeals I do not know of any. Ask your lawyer, I doubt you DIY'd this.
 
Basically, the issue here is not when you became a resident, because they will restore you back to as if you were never deported and your resident since date will be in 1989, the thing that makes you wait is that absent some special case law you do not meet the physical presence requirement (spent at least past 30 months in US, no absences over 1 year, and some fuzzy math that I could never understand for absences 180-364 days).

How'd you get it back? 212(c)? LPR cancellation of removal? Something else?
 
I am like 95% sure you'd have to do 5 years again before you can naturalize, if there is some case law that would permit you to somehow be treated as being in US or the deportation not breaking the residency period while you were not in US pending the appeals I do not know of any. Ask your lawyer, I doubt you DIY'd this.
 
Basically, the issue here is not when you became a resident, because they will restore you back to as if you were never deported and your resident since date will be in 1989, the thing that makes you wait is that absent some special case law you do not meet the physical presence requirement (spent at least past 30 months in US, no absences over 1 year, and some fuzzy math that I could never understand for absences 180-364 days).

Just file now, your interview if they do one will probably be like 18 months away, plenty of time to get him added to the bank account, lease, get him a driver's license, get him working, put him on your taxes for this year, and jointly file for the next. Employment Authorization Card will probably take like 6 months and after that he'll have no trouble getting a social security number, US driver's license, working, and all the other stuff.
 
For the initial filing you don't need more than (all of the below being copies):
1. Proof of your citizenship (US passport, birth certificate, US passport card, consular report of birth abroad)
2. Proof of your marriage (marriage certificate)
3. Proof of his identity (UK passport ID page)
4. Proof of his legal entry into US (entry stamp and/or I-94)
5. His birth certificate
6. Divorce decrees or death certificates if either of you was previously married.
 
You can add other evidence if you want to front-load the application, but just to get the ball rolling you only need the above and then you can just bring any other evidence (joint bank account, joint taxes, joint insurance policies (health, vehicle, life, etc), birth certificates of any children, pictures together, and so on and so forth) to the interview. If you don't have the other evidence then you don't have them, file with what you have now

Just an aside for those spinning in circles about the I-94. Canadians have pretty much visa-free access to the US, they are not required to file ESTA and they're admitted as "B-1/2 non-controlled visitors" so an entry stamp or the online print out that's missing the I-94 is likely the best you'll find because an I-94 simply doesn't exist. The agencies also disagree on the implementation where CBP claims the entry is for 180 days, and USCIS and DOS claim that there's no concrete time limit as long as one doesn't violate being a visitor.
 
This has some interesting side effects where Canadian overstayers are generally not subject to re-entry bans because since there's no I-94 there's no real date that they have to leave the US by, similar to F-1 overstayers admitted for D/S.
 
 
Regarding what to put for the I-94, just pen in "N/A" and maybe explain in the last section that your father is a Canadian citizen who entered US on [date] at [port of entry] and was never issued an I-94.

Just an aside for those spinning in circles about the I-94. Canadians have pretty much visa-free access to the US, they are not required to file ESTA and they're admitted as "B-1/2 non-controlled visitors" so an entry stamp or the online print out that's missing the I-94 is likely the best you'll find because an I-94 simply doesn't exist. The agencies also disagree on the implementation where CBP claims the entry is for 180 days, and USCIS and DOS claim that there's no concrete time limit as long as one doesn't violate being a visitor.
 
This has some interesting side effects where Canadian overstayers are generally not subject to re-entry bans because since there's no I-94 there's no real date that they have to leave the US by, similar to F-1 overstayers admitted for D/S.
 
 
Regarding what to put for the I-94, just pen in "N/A" and maybe explain in the last section that your father is a Canadian citizen who entered US on [date] at [port of entry] and was never issued an I-94.

Better off reaching to a congressman or senator. Ombudsman is completely toothless.

Depends on what was put as the form numbers on the G-28.
Anyways, with a G-28 they send a copy of any notices to both the attorney and you.

Depends on what was put as the form numbers on the G-28.
Anyways, with a G-28 they send a copy of any notices to both the attorney and you.

Filed my I-485 today. Hoping that it won't take too long.

Technically yeah. It is extremely weakly enforced, but considering that the whole thing is a short form you file online - just do it until you naturalize where you can give USCIS the ole' one finger salute.