JD2

Sure, I just have never seen it. Hope you get approval soon.

Very odd. There's a Facebook K-3 group that I joined when I filed an I-129F in 2021 but I've never seen anything like y'all experienced.

I'm no expert just going by what I went through when I did it. I assumed the OP didn't really speak directly with the IRS but was being told by accountant that an ITIN is needed. Because when I tried to do it, I discovered it was basically an issue of whether an accountant knew how to do it and if they had software that let them e-file without an SSN or ITIN.

Who was not aware? Your wife or the caller?

Is it a work around? IRS Publication 17 page 23 literally states "Select this filing status by checking the 'Married filing separately' box on the Filing Status line near the top of Form 1040 or 1040-SR. Enter your spouse's full name and SSN or ITIN in the entry space at the bottom of the Filing Status section. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter 'NRA' in the space for your spouse's SSN." How can it be a work around if it's in the IRS's own publication? https://www.irs.gov/pub/irs-pdf/p17.pdf. Assuming the beneficiary isn't legally required to file a tax return, they wouldn't be required to have an SSN or ITIN.

It'll be for the future because you have to interview usually. But, some people it takes months even years but others just a few days or weeks. I'd still try it.

Maybe things have changed? I did it back in 2021 and it was fine. The accountant did the NRA thing but I had to find an accountant who was able to do it. My normal accountant tried to push me to file single. I found the accountant after reading his article here: https://oandgaccounting.com/need-itin-for-wife-even-though-married-filing-separately/

Pre-clearance is great and also UK citizens can get Global Entry, which will lower your risk even more. But, I think you'll be totally fine. https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/international-arrangements/UnitedKingdom/global-entry-UK-citizens

ITIN not SSN. But you can file MFS without an ITIN. Some accountants don’t know how to (it’s a software thing). But amendments might be different. May not be worth it.

Home country?

Quick marriages are the norm in South Asia so it may not be as bad as it seems. I would do CR-1. What if you do K-1 then Pakistan is added to the ban list? Then only CR-1 would work and the time waiting on the I-129F would be wasted. CR-1 takes longer but is a better visa as described above. But CR-1 will take 2 to 3 years. K-1 would be 1 to 2 years. But that’s assuming things stay as they are now.

I don't think the I-751 even asks for passport number or a copy of passport.

Why don’t you try it and let everyone know?

Best to keep a spreadsheet and keep a log of date left, date returned, and countries visited.

Congratulations. Good luck to you. Please fill out your timeline so we can follow your case. Another reason to file an I-130 would be if you think you'd travel before getting Advance Parole. But I would adjust without the I-130 if you're sure you'll be able to stay put until you get AP (assuming you get married and file before the 90 days are up).

I don't know. I would wager not since the rest of the section wasn't filled out. My thinking is they probably get typos all the time so they know how to handle them but I'm just guessing. Whatever you decide to do, good luck to you and congratulations.

Double check your I-94 and leave before your authorized stay and you'll be fine. https://i94.cbp.dhs.gov/home. People change plans all the time. In the I-130, there's a section for if you are inside the United States, you fill that out BUT you do not select adjustment of status, you say you want to consular process and write in the consulate that handles immigrant visas in the home country.

If I understand you correctly, the timing of your wedding is the primary concern? You could get married and file an I-130 then consular process. You could do a simple court marriage now to get the I-130 going then do the big wedding later this year. I think you should have plenty of time on your visitor visa if you entered late July. You'd have to withdraw the I-129F after getting married. You can continue to visit while the I-130 is processing but it will most likely be a longer process than continuing with the K-1 but it also has some benefits.

So I emailed a local attorney asking for a quote on my spouse's upcoming N-400 and also I asked when can she file. I gave the date of our marriage, the date she got her GC and the date we started living together (same as GC date). The attorney said we can file 90 days early but recommended we wait a couple business days after that date to be safe. I'm pretty sure I gave them all the info needed to tell us she should wait the full 3 years but I didn't want to bias their answer by telling them about these cases linked in this thread. So it seems like even immigration attorneys are unaware of this. I may send a follow up email but their prices are very high and I don't want to pay that much so I don't know if it's ethical to waste their time now.

Isn't the officer wrong about #4? They filed in the 90 day window.

Yes, you can.

I guess someone would have to appeal a denial based on that to find out for sure but it's probably easier to just reapply so we may never know.

Like others have said, you can go ahead and file and you'll probably be fine but if you want to keep things extra clean, then wait. I withdrew my I-129F (K-1) and filed an I-130 (CR-1) but I did not wait for the withdrawal acknowledgment. It took forever and came after my I-130 was approved.

In this second case, @top_secret says that most people who file early but don't meet the marital union requirement at the time of filing (but I assume do meet it by the interview date) are fine. Would you say that is true? I don't intend to tell my spouse to file early because we won't qualify under marital union but I'm trying to understand do the officers have the authority to just side step this requirement?

So who CAN file early? Who could be in continuous residence for only 2 years 9 months but still be in marital union for 3 years? I'm guessing only LPRs who lived with their spouse in the US before adjustment? Or maybe if a couple lived together abroad before coming with a CR-1 or IR-1?