OldUser

Did beneficiary file DS-260?

Agreed, it's pretty hard to develop marital evidence with no EAD and SSN, which hinders opening bank accounts, getting DL etc.

But it depends on I-751 speed? Technically, can't USCIS say that we'll sit on N-400 until I-751 is adjudicated, and by the way normal processing times for ROC is 44 months (just as an example). It could make sense for a regular case, OP's history is messy with I-751 denial. I'd really focus on solving that and even filing WoM if it gets stuck VS trying to get new clean N-400 pulled into this mess.

It was fast tracked because of elections year. Why would it be fast tracked now? I don't see next administration having urgency to naturalize people. Probably more checks in places in general too. How would class action apply to new cases? Thanks

Not a problem. As long as you remember dates, names etc at the interview, you're going to be OK. There's no need to stress over this. Apply in January 2025, first week. Applying exactly on first day of 90 day early filing window sometimes causes denials. So don't apply on 28 DEC 2024. Any time after is OK.

^ this caused confusion. As well as you saying you were married less than 3 years.

How come you're married less than 3 years if you married March 13 2021? You've been married for more than 3 years then and are eligible to apply for N-400. If: marriage is 13 MAR 2021 Resident since is 28 MAR 2022 Then you can file case on 28 DEC 2024, 90 days early. I'd file first week of January 2025

It does apply to you. You can file 90 days before your 3 year anniversary of being green card holder (Resident Since day). You cannot apply 90 days early of 3 year anniversary of your marriage with US citizen. You need both to be true: married to US citizen for 3 years or more and resident for 3 years (though allowed to file 90 days early if you're married to US citizen for 3 years at that point)

I'd say applying for new N-400 is optional at this stage. It's far more important to remove conditions. Withdrawing pending N-400 is a good idea.

Do not apply until you are married for 3 years or more living together in marital union. Somebody got denied recently because they filed in 90 day early filing window but weren't married and living together for 3 years.

If you have free time, you can try it. Many VJ users reported success showing up early without appointment. Of course, there is a chance you won't let be in. Or follow @Edward and Jaycel advice for more certainty.

Yes, especially when applying under 3 year rule AND with pending I-751.

Don't forget to list all used names on N-400 under Other Names section. There you should list Mandarin name and any other names prior to current legal name.

Probably around 18 months. Have you considered marriage route instead?

Rejection is mostly in your control. Petitions get rejected when you don't provide enough evidence, if you use incorrect forms or include incorrect payment. Denial is different, and not everything is in your control. Chances of denial are relatively low as long as you can prove relationship is genuine. K-1 overall takes longer (if you count until GC is in hand) and is more expensive route.

So hence my question why get evaluated under both points (good faith marriage and abuse) VS just proving good faith marriage. I guess the only good reason is to naturalize faster. Does it apply for both prior holders of I-360 and those who removed conditions with abuse waiver?

Applying for N-400 under this provision may result in reevaluation of entire history of abuse. I wouldn't take it unless had some serious reason to naturalize faster. I'd recommend anybody in toxic relationship to divorce ASAP. Bad spouse can always open new loans in both names, do other harm due to being married. There's no reason to be married to abuser really.

Pretty good explanation from lawyer who sees many immigration cases: At 56:40

I understand going abuse route to adjust and obtain GC as there's no other way to adjust. If you still have to provide good faith marriage, why choose an abuse route for ROC? Why give extra point USCIS can scrutinize the case over? Of course, you don't have to go through most abuse in the world to abuse waiver case approved. But there is word "extreme" in it for a reason, and it's open for interpretation. For example, I wouldn't say name calling is extreme abuse, though it's abuse. I wouldn't say cutting access to finances is extreme abuse, though it's abuse. I wouldn't say most of controlling behavior is extreme abuse, though it's abuse. I would classify the following things as clearly extreme abuse: - Physical abuse / injuries - Mental abuse (constant life or other threats, constant public humiliation, exploiting preexisting mental trauma) - Pushing a person to commit suicide

As far as I know, black ink is recommended.

As explained by OP they may be away from the US for prolonged time next year. I'm not sure how appying for N-400 could help with that though. N-400 can take a year easily, especially with new administration. So if OP is away, they won't be able to naturalize anyway.

The name on document should be your wife's name. This is not normal. I'd try to correct it. Every person including minors should have their advance parole to travel internationally during AOS.

You can give it a go. We're only warning you to get you prepared for the interview. Worst case you can reapply in the future.

There's no VAWA when it comes to I-751. It's neither in instructions, nor on form. There's: - Joint filing - Individual filing with following waivers: - spouse is deceased - good faith marriage (divorce waiver) - batterry and extreme cruelty (this is not VAWA. VAWA is applicable to AOS, but not ROC). - extreme hardship Unless there's a lot of documented extreme abuse, the easiest path is divorce waiver path. Abuse can be mentioned in cover letter and explain why marriage didn't work out.

Because the purpose of LPR is to permanently and officially live in the US. You used your GC like a visitor visa for the first few years of having it. If you want to somebody to say "yes, go ahead and apply" - you got it from me. Just know N-400 may be denied.