OldUser

Would it not depend on the Officer you will talk with more than anything else.

Link to a wealth of legalese vocabulary to support the statutory provisions of a conditional resident’s right to review of denial in court. 
This particular case , also quotes the “legal limbo” of a having a denial without an NTA. 
 
https://www.justice.gov/d9/2023-12/4069_0.pdf

*** Topic moved from K1 forum to AOS K1 forum - this now an adjustment form K1 case - please post in this forum section regarding AOS questions ***
 
If the DS-3025 is marked as complete then there’s nothing further that needs to be done - unless you’d like to receive additional vaccinations for personal reasons.

Well, get unstuck . The link clearly shows your relationship to the deceased qualifies. Print out the forms , include originals , read instructions carefully….usually a prepaid postage return envelope is required/
 
Hopefully , you get in a better mindset…toll up your sleeves and do the work. Process is not a waste of time , rather in place to insure some extraordinary benefits .

 
https://www.nyc.gov/site/doh/services/birth-death-records-birth.page

The following relations can request the birth certificate of a deceased person:
Spouse Domestic partner Parent (if the deceased was 18 or younger)  Child Sibling Niece/Nephew Aunt/Uncle Grandchild Grandniece/Grandnephew Great grandchild To request the certificate, submit:
A Birth Certificate Application (PDF) A Family Tree/Link to Decedent (PDF)
Other Languages:  Español | Русский | 繁體中文 | 简体中文 | Kreyòl ayisyen | 한국어 | বাংলা | Italiano | Polski | ײִדיש | العربية | Français | اردو If the person died in NYC, a copy of the death certificate or the death certificate number If the person died outside NYC, the original death certificate A check or money order payment of $15 for each copy of the certificate A legible copy of your valid, unexpired photo identification Orders can only be made by mail.

You can obtain a copy of dad’s birth certificate without any issue. Just send in  your original birth cert , his original death certificate and follow instructions in link for NY.
 
Same applies to getting his Social Security Earnings Record ( will show no record found ) a DOS FOIA ( will show no US passports ) .
 
As his records from Canada , do a quick google search , though I am confident you will be able to get his marriage cert and other paper trails of his existence . Add that to details /letters from family , friends that pinpoint his life in Canada from childhood 
 
https://www.nyc.gov/site/doh/services/birth-death-records-birth.page

You should probably update your timeline.  
 
I'm guessing your daughters entered on IR-2's (or CR-2), so please correct me if I'm wrong.  If that is the case, head to the post office and get their US passports first.  Once those are received, file for the N-600's. 
 
Do the N-600 applications online.  SO much easier and you can upload all scanned evidence.  I had to create each of them a MyUSCIS account, but that's fine.  
 
For Part 6, just fill it in from the date you entered the US to activate your IR-1.  
 
I filed for my kids on Mar. 31 and we received notification of the approval decision 2 days ago.  Just waiting on the notices to appear in the mail since they aren't in my kids' respective MyUSCIS accounts.  

Yes. When entering with a stamp, you get photographed & fingerprinted as normal, then taken to secondary (you have second priority there, behind US citizens/diplomates/children - every type has a different colour coded folder), where they verify your status as LPR. When they do they will know you have been denied but that you have not been issued a final order of removal (which terminates your LPR status). 
In my case, my stamps have 'TC-1' annotated, so they immediately know it's a denial/refile before they even run it.
 
They will probably ask if you have received an NTA (you have not), and then should stamp you in as LPR/ARC as usual, as you remain a LPR until an immigration judge issues a final order of removal (at which point you are no longer a permanent resident - but until then you are). 
They may stamp you in a a parolee simply because of the denial and without a refile. 
 
Either way you will be in the US and can sort it out then. 
 
Note: because you have been out more than six months, I would carry as much documentation as possible showing ties to the US, such as the property you own (that you rent it out doesn't matter), phone bill,  your current mailing address, bank account, credit cards, current/recent divorce paperwork, whatever, and perhaps evidence of your mothers health issue requiring an extended stay out.
This is good evidence of maintaining ties to the US.

Yes, multiple times (I've had multiple denials).
 
That letter is a) ridiculous and b) has no legal basis. 
But USCIS never make up their own rules do they? (answer: they do, as I have discovered).
 
You can have a presumed abandonment of status, but that has absolutely nothing to do with the I-751, and shouldn't even factor into the adjudication of it, and hell, in this case it isn't even a year, which is the higher threshold.  Between six months and a year absence, you may have to prove continued ties to the US at your POE, and may have a presumed abandonment until then. 
But thats presumed , and as a LPR you still have the absolute right - endshrined in law - to a hearing with an immigration judge, when presenting as a LPR at a POE. There are a multitude of valid reasons for an extended stay out of the US and if you have maintained a dwelling, mailing address, phone, bank account etc, you have retained ties to the US. 
 
 
Just get on the plane, present your still valid stamp and see if you are stamped in as LPR/ARC or paroled in. Don't show this letter to the airline, to CBP, or anyone - it complicates things. Calling USCIS in this instance was also a waste of time and possibly a mistake. 
No need for the I-290B either at this point as it'll probably be rejected due to the deliberate nuances built into that particular filing (my opinion differs here compared to that of FAMILY).Instead, I'd be refiling a new I-751 as soon as you get back if I were you, which costs the same as an I-290B. And then don't leave for such a long period again. 
 
Repeat: You remain a LPR until an immigration judge says so, and this letter does not change this. As much as USCIS think and act like they are judge, jury, and executioner, they are not, and that is a very good thing. USCIS suck.

These attorneys don't think so.  I figured an NTA would be inevitable anyway.....but I am neither an attorney nor an expert.
 
Why did I get NTA even after filing motion to re-open(I-290b) for my I-751 denial. - Legal Answers (avvo.com)

You were given wrong information. If you read VJ, you'll see people complaining occasionally that they only see some not all evidence in their account for IOE cases. This proves evidence is scanned. Official guidelines discourage use of highlighters:
 
"Do not use highlighters or correction fluid or tape. The scanners we use will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape."
 
Source: https://www.uscis.gov/forms/filing-guidance/tips-for-filing-forms-by-mail

It's fair to assume you cannot naturalize while in the 90 day window. I wouldn't worry about it for few more months until you hit at least 6 months of waiting.

It is possible, especially if you have ESTA. But as you may know, entry is discretionary on non-immigrant visa or ESTA.

Hi,
 
Yes this is allowed
 
Just be prepared for extra and serious scrutiny at the border. There will be a good chance you will be taken to one of those backrooms to be questioned.
If you already know your interview date at the time you want to enter the states, Have a copy of your interview confirmation with you.
When asked, inform them that after your trip you will return to home country to conclude the K visa Process.
Answer all questions truthfully and stay polite, no matter how they treat you. 
 
Though this is all possible, and i have not found many stories where someone got denied entry and it mostly goes well, i would advise against it.
Most likely there wont be much time between the DS160 and the interview, so if you just wait a little longer, you could be with your fiancé permanently afterwards.
Personally, i canceled the trip i had planned in June and i will just wait for the visa to be in my possesion. I will also wait a couple months before i actually move, but i decided it is not worth the risk of getting put on a plane back to home country 😬
 
Anyway, The choice is yours  

Did you bring your children on a greencard /LPR status to the US? How did you become a US citizen?
 
Assuming you naturalized and had children on a LOR status when you did, the kids automatically become US citizens the day you naturalize. 
 
If you were a US citizen before and the children received their LPR status later, they automatically become US citizens the day the activate their greencards by entering the US.
 
You could file for their US passports now but I would simultaneously file for their N-600‘s (as you are already in the process of). As for section 6, I printed out the forms and mailed it off.

You were given wrong information. If you read VJ, you'll see people complaining occasionally that they only see some not all evidence in their account for IOE cases. This proves evidence is scanned. Official guidelines discourage use of highlighters:
 
"Do not use highlighters or correction fluid or tape. The scanners we use will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape."
 
Source: https://www.uscis.gov/forms/filing-guidance/tips-for-filing-forms-by-mail

Take every documents they asked and the ones you think can help your case, Also go along with your spouse ,you will have a combo interview and your spouse should be available for the I-751.

I believe they are now giving out 48 month extension letters which you should get with a new filing, and with that and your expired CGC you should be fine for travel.

Honestly, I would just do a new I751 filing then going the I290B route (others may know better).  If you still have a valid address in the US and have filed 2023 taxes before April 15, you can add that as evidence of maintaining your LPR status.  I agree with @mindthegap, it is rare that an I751 is deemed abandoned with less than a year outside the US.  I would consult a lawyer when you get back.  Maybe try getting on Hacking.
 
Good Luck!

It can take 4-6 weeks to get letter in the mail after USCIS receives the case. It's way too early to worry.

Why would you leave US for so long while your application is pending? I wouldn't leave again until getting unrestricted LPR card. 

What country are you in ? 
Can you fly to Canada or Mexico and then attempt crossing / walking into US at a land POE ?
 
Is there any reason to think you ex spouse flagged your case for fraud ? 
 

It can take 4-6 weeks to get letter in the mail after USCIS receives the case. It's way too early to worry.

Wait...

Bring everything. You don't want to be lacking evidence if officer decides to ask you for some.

Yes, you will need an original BC for the interview.
 
Yes, you must include photocopies of the originals like BC and MC.
 
The part you quoted is NVC - national visa center which is completely different from USCIS