OldUser

I literally ran out of reasons why somebody may choose K1 over CR1 in 2024. Other than they cannot marry because of visas. But even then there are third countries and Utah zoom (with consumation of course)

Few months for DS-160. And another 9-15 months after entering the US easily on top of the wait that's already behind in home country.

Yes, you're still LPR whether you have physical GC or not. Did you file a police report after you lost GC? Did you file I-90 to replace it? Do you have travel doc (boarding foil?) from consulate? Did you have a copy of GC that you've lost? Bring all of that to the interview. You'll be fine 99.9%

I think this is not a DIY case. You need to speak to a lawyer. Typically you'd have to leave the US on AP and come back to have a lawful entry. I'm not sure if this works with petitioner being LPR or only if I-130 is petitioned by US citizen. What happened to asylum?

Wanted or needed? It's best not to travel internationally until you get GC in hand. There's always a risk with AP plus you'll likely be put in secondary upon arrival.

When I-485 is approved, GC should arrive in 2-4 weeks. I'd wait before that, even though you can travel with AP.

Many nice people fell for that trap, unfortunately. I think I heard a story somebody was on tourist visa at the start of covid, called them up, asked what to do. They said it's ok, you can stay... Which resulted in overstay. And 10 year bar on entry. The worst thing, you cannot prove anything after. You may get a short version of I-751 interview, which is a few quick questions here and there. It may get waived too. But prepare for everything.

Classics... You know you spoke to a tier 1 officer, right? You know they know less than any immigrant does, let alone immigration officer interviewing you? They don't have access to your immigration file. You know they make things up all the time just get you off the phone? They probably have a target for how many calls they should answer a day and how much time they should spend per customer. And they try to be most "efficient". If you don't, now you know. Post your experience after you go through it. Don't rely on info from those folks on the phone.

No, it shouldn't be.

Not everybody experiences this. Some get it renewed very quickly, others have long delay like yours. But... How did you renew it last time? You said you were out of the US between 2002 and 2019. GC is only valid for 10 years nowadays, meaning you should have renewed it around 2013 if it expired in 2023. As far as I know, I-90 can only be filed in the US?

Did you receive I-797? Were your biometrics reused? 3-4 months of silence is ok, this is USCIS

Great news!!!

Sometimes USCIS doesn't notify about combo, but conduct it when you show up. Make sure to have your US citizen spouse with you.

The timeline seems is a bit off. E.g. if you came back if 2019, how did you have a GC expiring in 2023? It should have been issued in 2013, which is 11 years after you left the US in 2002. Anyways... The worst case, when the extension letter is about to expire, if you still don't have new GC, you can schedule infopass appointment and get a I-551 stamp in your passport that would work in place of GC. Just make sure your passport is valid, and start renewing when you have 1 year left on it. 1 year of stamp should (in theory) be enough to cover the period of time while you're naturalizing.

From official website (acceptable docs): I-797 Notice of Action receipt notice Not acceptable for REAL ID Must be accompanied by supporting immigration documentation (I-551, I-766, I-94) Source: https://www.ncdot.gov/dmv/help/Pages/proving-legal-presence.aspx

@fkie4 what's the case status? Are you able to submit an inquiry? Are you planning naturalizing? Have you moved addresses since filing I-90?

You'll be a US citizen until you die. Even if you never visit the US again. You can stay outside of the US for 20 years or however long you want, come back after and work / life etc as if you never left. Cannot answer that He'll have to learn a lot I guess. Countries have different laws, taxation etc. You'll both have to file US taxes no matter where you live. However, there's a generous foreign income exclusion. I think about 130K USD a year per person. Since US and Canada are OK with multiple citizenships, you will be fine. By the way, you can have 3, 5, 10 citizenships. As long as naturalizing in a new country does not require formally renouncing other citizenships (which US and Canada don't), you'll be fine. Giving up allegiance is not the same as renouncing citizenship

Found it 😃

Sorry I realized after reading entire thread again. I tought maybe you knew she was on F1, and of course using EAD would violate her student status. Agree with your point on AP use.

Are you a permanent resident with 10 year GC that's expired?

@Crazy Cat may I please request your comparison between K-1 and CR-1? @Tiff. I'm not saying your shouldn't do K-1, but lately it lost most of its appeal and advantages over spousal route. Here's an example of timeline for getting adjustment of status approved. To remind you: they had to wait a long time back in their country before entering to the US and waiting for another 13.5 months.

I'm not following. EAD is for employment, has nothing to do with Advance Parole and entry to the US. Nowadays, majority of filers do not receive combo document, and instead get two different cards.

It takes 15 months for K-1 and about 15-16 for CR-1. But when you enter on CR-1, you get GC in few weeks, max few months if there's a delay. With the GC you can work, leave the US at any time. On the other hand, K-1 jorney is only half way when you enter the US. You may wait another 12-14 months to adjust your status. If you're lucky, you'll receive advance parole and EAD card allowing you to work and leave the US. This can take 3-9 months, sometimes longer. All this time you won't be able to travel outside of the US even for emergencies, or work. Also, once you paid fees for I-130, DS-260 and ELIS fees - you're good for CR-1 route. With K-1, not only fees for I-129F, DS-160. But you'd be paying expensive I-485 fees. Soon enough (please search when), the fees are going to go up for Adjustment of Status. And EAD + I-131 will be charged for too. Please explore that option. Even if it takes 3-6 months to get married from now, you may still get ahead compared to K-1 to become a permanent resident.

CBP has authority to deny your entry and cancel ESTA. Seems like you spent quite a bit of time inside of the US recently. With a visit so soon after leaving, you're risking getting denied. Maybe you'll be OK, maybe not. We cannot guess. It's best if he visits you this time or you meet in a third country - Canada, Mexico etc.

Do not commit immigration fraud. It could make you inadmissable forever. You cannot come to the US with intent to adjust your status. That option is for those who are already in the US on legal non-immigrant status and their circumstances changed. Your option is CR-1 route through consular processing. As a Canadian citizen, you'll likely be able to visit your husband in the states throughout the process, as well as he would be able to visit you in Canada.