Pinkclouds

Yes, I think that's an easy way to think of it. However I have to think of all of the possibilities because of my situation.

Thank you for this, however my questions are still not answered. 1. Why am I able to file for an i-130 and still leave the country under a i-131? Like I've said multiple times, don't I have to maintain my residency? Does the i-131 protect my residency? 2. Will I have to file a i-131 for both my child and I? Yes, I understand that I will not leave until the bios are done.

Thank you. I will take this advice, however I do have some questions and am trying to search online but not having any luck. I will establish re-entry as soon as possible, however if he is to visit me in the USA on esta and we marry and file (while in the USA) for i-130, he would then leave back to home country. While the i-130 is pending, would I have to stay in the USA, to maintain my residency? Even if I did file for a i-131 and leave to go back to home country, would that not void the i-130? Because I wouldn't be maintaining residency? Or does the i-131 protect my residency maintenance? Also would I have to apply for both my child and I regarding the i-131?

Understood the first part, will be more careful. For the second part, I don't understand. Can you please elaborate? Once divorced and remarried, if I am to file for a i-130 for my partner, he would be living in home country. Wouldnt that mean I would have to stay in the USA while it is pending? Wouldn't it not be possible to file a i-130 and additionally a i-131?

I'm confused, any input from others? Once I marry my new partner, I can file for I-130 but doesn't that mean I have to stay in the USA while the process is pending? (Partner would have to go back to home country) I think I will be denied n400 as I have spent too much time out of the country. "USCIS must deny a naturalization application for failure to meet the continuous residence requirement if the applicant has been continuously absent for a period of 1 year or more during the statutory period." I'm really not sure how much leeway they would give. Would it be worth $700 to find out? If I do file for i-131 (under assumption I have brought my child with me) would I file for both of us?

I read a link online from the USCIS website about permanent residents petitioning family members. No where did it state on the page it was prohibited to bring the partner over on an esta visa because they had written about us citizens under the permanent resident section. I am asking valid questions and trying to understand everything, not once have I ever claimed on bringing my partner over on an esta to AOS, which I know is illegal. Obviously I'm trying to educate myself by reading the USCIS website and coming here for further information. Your agressive and accusatory attitude is not helpful. I am done speaking with you now as you seem to want to be assume my intentions and judge me. You can continue to write whatever you want, I will no longer be replying. Thanks!

Ah, I understand now. You're talking about filing for CR-1? I thought I was unable to do that as you had to be in the USA. I will wait to file once I'm back in the USA.

You haven't tried to tell me anything, you came into my post, accusing me of attempting fraud. Obviously, I know this now because many helpful people have pointed out that I am unable to do this being a LPR.

Does anyone know how long it will take, once I return to America for USCIS to recognize that I am maintaining my residency?

Are you talking about divorce?

Yes, I've been told this before as well. Do you know how long I will take to maintain my residency, so I can file a CR1? Or AOS legally when the time is right?

I've already assumed that I will be going in front on an immigration judge. Even if I do, I don't mind doing it. If it means I lose my LPR then so be it, I have reasons as to why I've been out of the country for so long. If they seem that as unacceptable, I will accept their judgement. I understand because I have been out of the country longer than expected, it is a possibility that the link I posted would not apply to me, however I have been told I can legally bring my child with me. I may have to contact an immigration lawyer, as now I am hearing conflicting opinions.

No where did I say I don't want to hear the "truth" I asked a specific question about a link and the crazy cat replied "look it up". Obviously I had already looked it up but was asking for more help, the reason why she wrote "look it up" was in retaliation of my comment of "look it up" which is not helpful. She can definitely write whatever she wants, but if she's not going to helpful and just try to be unkind then I'd rather her not waste her time writing unhelpful comments on my thread. Do not twist this around and think I don't want to hear things because I either don't agree with them or because YOU think I'm trying to attempt some sort of "fraud". I am open to hearing helpful information from everyone and want to know what is legal and what isn't so I can make the right choice.

Once I return when does/how long will it take for USCIS see me as maintaining my residency? Yes, I've been told this multiple times but are you specifically speaking of CBP or USCIS?

https://jp.usembassy.gov/visas/immigrant-visas/green-card/lpr-child-abroad/