OldUser

That's aweful, I didn't realize how bad the situation is. I thought dishonest people would have to "doctor" the fake tickets. Level of effort seems way to low...

@VictoriaS208 asylum would have had some level credebility if the family was bullied by Mexico government or government was unable to provide protection from bad guys. If the family moved few times to different parts of Mexico, was still a target, despite efforts and they had proof of government doing nothing - that would make it somewhat qualifying. What you're describing currently is a not an asylum case that would have success.

OP said they didn't have any first name. Hence my question how does it work in those cultures. E.g. if entire family shares last name Simpson but no first names...How would they call each other? Simpson?

$1440

Normal

And it presumably would have your husbands name? Not sure how it works outside the US. In many US states this alone allows changing to husband's last name.

If the child was born outside of the US to the naturalized US citizen, the parent needs to meet physical presence requirement: A child’s U.S. citizen parent must meet the following physical presence requirements: "The parent has been physically present in the United States or its outlying possessions for at least 5 years; and The parent met such physical presence for at least 2 years after he or she reached 14 years of age. A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen." Do you meet this requirement? More info https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

Somebody needs to do a proper analysis before confidently saying the child is a US citizen.

That's normal. Many people's names don't match on birth certificate and newer documents. Your marriage certificate is proof of changing name.

Yes, get him GC. If something doesn't work out proving his US citizenship - he'll have solid proof of LPR status. Why do you think the cĥild is a citizen? Is his other parent a US citizen? Who told you the child was a citizen? A lawyer or just a friend / acquaintence?

There is no downside to this approach if you can update your name in your country easily. This will ensure your passport name will match name on GC etc.

I wouldn't think you'd have an issue naturalizing. I can't even think why and what pretext USCIS would use to go after GC if they wanted. You should be fine, but this is of course not a legal advice.

Yes they can. The best evidence would be proof of paying fine.

The answer should be yes. Yes, your husband was detained. He wasn't convicted or jailed, but was detained. He should tell the truth and present police certificate he has, otherwise it's misrepresentation. What about evidence for paying the fine? Does he have it?

So 3 year rule? Why not under 5 year rule? Did you break continuous residence or physical presence? 5 year rule required less evidence and doesn't require proving bonafide marriage.

5 year rule is general provision, not related to employment. Anybody can apply under 5 year rule when they're a resident for 5 years, even the ones married to US citizens if desired.

I can give you the definitive answer. Yes, NOA1 (Notice of Action #1) is the same as I-797, same as extension letter and the same as receipt. All of these terms describe the same letter. The letter itself should say your green card is extended by 48 months. You may receive separate letter with code to access your petition online.

This is an interesting question. It looks like you can still succeed filing under regular 5 year rule, given you maintained house, bank account and other ties to the US. I assume you paid US taxes all along? Also you can consider filing under 4 years and 1 day rule. That would bring your filing date to late December 2025 instead of January 2027. If you feel like you have supporting documentation and can build a strong case, you should try filing now. The worst case you'd lose a filing fee. Another important part is whether you spent 30 months in the US in the last 5 years. If you did not, then it's not worth applying now.

Could be a status glitch too. If formally withdrawn, I'd expect mail in 4-6 weeks confirming it. I wouldn't be re-applying in the meanwhile anyways until this petition is squared away.

This might have been a mistake. It's always best to wait a few days before applying for N-400 when eligibility window opens. Perhaps withdrawal is better than denial.

Are you taking responsibility for any errors in their forms? The forms should be typically filled by applicants or their legal representatives. If you're not a lawyer, I'd highly recommend not doing paperwork for other people. Especially if you have questions of this nature. The consequences of filling forms incorrectly may be bad for the family. They can ask questions directly here and VJ will gladly help them.

It does seem like an offer to withdraw was made... @Hmmehanna has to learn more from wife. What exactly happened at the interview. I think @Hmmehanna should have tried attending the interview since it's based on marriage. Good chance he wouldn't be allowed in, but it was worth trying. Was there I-751 and was it still pending?

To add: if you came to the US, leased a place, left for a trip few months after arriving, that would be a totally different story and I wouldn't worry at all.

Well, did wife misunderstand the officer and withdraw the case?

If you don't mind risking the filing fee and losing a bit of time you can file. An IO can interpret residency strictly. E.g. if you didn't have permanent address, job, assets in the US - IO can interpret that you didn't reside in the US at that time. I heard of such cases. If I find links, I'll share them.