kcoyclay1

Hi all, I just wanted to update you. During my recent trip to the US I explained my situation to the border agent and was very upfront. He decided to let me keep my green card and my status! He said there was some discretion, and that given our particular situation, and the fact that he believed I was not lying, that I have string family ties to the US, etc... that my visit would reset my timeline since leaving the US to zero, but that I should apply for a re-entry permit right away because of the six month window. He also said I can apply from Canada for the re-entry permit.
I am posting this just in case someone else is in this situation. Thanks for all your advice!

You just have to file:
I-130 ( petitioner in this case your wife ) $420
I-864 ( affidavit of support )
I-485 ( beneficiary you ) $1070
I-765 ( this will allow you to work while you wait for the green card, takes a maximum of 90 days to be approved) free
g-325A ( both of you )
I-693 ( medical exam )
I-131 ( advance parole to be allowed to travel while waiting for the green card ) free
Don't hire a lawyer! Your process is simple filling those documents and wait for USCIS.
You can do it yourself

The situation isn't all that serious. The OP said that she MAY want to move back to thr US at some point. If that happens, her husband can sponsor her for a Green Card. She would have up turn in her current card first though.

You defininitely have to meet the permanent residence and continuous residence requirements if you are a student. And applying based on marriage does not change this.
-You have likely already lost your permanent residency, in this case you can reapply for a green card once you are ready to move back.
-If they decide you haven't lost your permanent residency, then you need to move back to the U.S. and live here for 3 years if you want to apply based on marriage to a US citizen. You will still have to explain your long absence at the time of your interview and you'll have to demonstrate that you always intended to return to the U.S.
I don't think you need a lawyer, if you cut ties to the U.S. when you left, you need to officially abandon your green card so you can apply for a new one and start over. If you have significant ties to the U.S., like a house, you might be able to argue that you didn't abandon your permanent residency. Either way, you can't apy for citizenship anytime soon.
Personally, I would officially relinquish my green card and then apply for a new one when you're ready to move.
Also remember that you should have been filing US tax returns this whole time as a PR.

Sounds like you are not permanently residing in the US.
Only really an issue if on future you wish to do so.

No they don't. Either will work.

OP, my 2c - if your spouse has no reason to be back in Canada for about 90 days (the time it takes to get AP) it is WAY faster to AOS, and it is perfectly legitimate. Also saves you traveling back and forth, and living separately for the year a CR-1 would take.
Ignore the fearmongers on here; AOS is perfectly legal, easy, fast, and ideally suited for your situation. USCIS only cares that you have a bonafide marriage, which is easy to prove if you do have one!

I went through this before. And the best thing you can do is probably look for old passports and school transcripts. Thats what I did. I had to call my husbands schools from kindergarten to high school

I don't understand what the scam would be. The USCIS does call people when they scheduled oaths on short notice. The letter was waiting for these people at the oath ceremony. If they had to postpone the interview, they would have to call because the interview is on Monday and they wouln't be able to get a letter out in time. The phone number that it came from isn't necessarily suspect. It is 234567890. This may be something that your phone carried uses as a defaulted blocked number. I find it unlikely that the local USCIS office would not have a blocked number. They don't want any direct numbers published anywhere as they would be bombarded with calls.
I would say with 99.9% certainty that the interview is being rescueduled and this is NOT a scam. However, depending on how far the local office is, I would go ahead and go. If the office is a several hours drive, I would perhaps not go. If the rescheduled notice doesn't show up, go ahead and write a letter to the address on the original interview notice.
Also, did your online status change? Have you checked?

Precisely!
You could pay the Naturalization fee or keep paying USCIS every 10 yrs to renew your GC (currently $365 + $85 biometriocs fee) - your choice

A lousy $680? To be done with USCIS forever? To quote The Who: "I'd call that a bargain............the best I ever had.."

How about being able to aid your immediate family members!!?

Absolutely worth it:
- Peace of mind of being done with immigration, even if I end up moving back to Ireland for a few years, I can come back anytime, they can't kick me out, they can't come to my house to check my laundry basket etc etc.
- Voting. I am interested in politics and I want to be able to vote in local and national elections.
- Jobs. Even for non-federal jobs, it is so much easier to get a job when you can say "I am a US citizen" on your resume, especially when most of your work experience is abroad.

The answer is that you will almost surely have no problems, but here's what the government says on this issue.
For a US citizen:
If you become a citizen of another country automatically (without applying), then you do not lose US citizenship.
If you actively seek another citizenship and you apply for it, your US citizenship MAY technically be at risk.
But this is something thst is almost never (if at all) enforced. I've never heard of any such cases.
http://answers.usa.gov/system/templates/selfservice/USAGov/#!portal/1012/article/3399/Dual-Nationality
"Loss of Citizenship
You will not lose your U.S. citizenship if you gain foreign citizenship automatically, such as through marriage. However, you may lose U.S. citizenship if you voluntarily apply for foreign citizenship."

It is like making a burglar a official member of your household and he could live/eat/sleep at your own house at your expense

Yap .. its just guideline.. if you read down below USCIS is not accepting any application now .. it will take time.. may be some time beginning of the year ...

Stepchildren can only be petitioned by the US citizen spouse if the stepparent - stepchild relationship (i.e. the marriage) was created before they turned 18.

There is no limit on numbers or an issue about timing. You will need to meet the affidavit of support requirements.

As long as you (or someone else) can sponsor them both, go ahead. You can file for any number of relatives.

EminTX you really need to do some research before posting misinformation. Your post really does not answer the question at all. I looked at the US Passport application form and it clearly states that your foreign birth certificate and the naturalization certificate of your parent is sufficient to prove citizenship provided that you were lawfully admitted for permanent residence.
The child must have at least one U.S. citizen parent by birth or naturalization, be under 18 years of age (have been born on or after February 27, 1983), live in the legal and physical custody of the U.S. citizen parent, and be admitted as an immigrant for lawful permanent residence. In addition, if the child is adopted, the adoption must be full and final.
So that means a Certificate of Citizenship is not required however it would a good idea to have this in the future. After you have received your initial passport you may use this as your proof of citizenship. Keep in mind that the parent must be naturalized before the child turns 18. Otherwise they would have to wait the usual 5 years and apply for naturalization themselves.

Even if you were discriminated against and you even if you can prove it, USCIS cannot naturalize you early.
A court cannot order USCIS to break the law. Ou have to wait until you are eligible for citizenship. There are ways to get naturalized faster, but they involve joining the military or congressional action in soft of contributions to the country.
I'm sorry to say that if the job can't be held open for you, then you'll have to start looking for another job. A lawsuit would be a waste of money.

Your story really sucks and your passion to resolve is admirable. Keep standing... its the only way right now. The issue I believe you are up against is probably the the mass majority of American's could give a care about us folk. Probably the lowest priority within today's current system. If there is any focus at all it will be about the Immigration chaos (having mostly to deal with Mexican Illegals) Obama is about to barf. Would think putting your head down and plowing through it would be your best choice, but you should always seek professional legal advice, oh but by the way there are so many attorneys that will take your money that will tell you what you want to hear.

He explained well. No problem understanding everything he said.

Those things have nothing to do with his eligibility under the 5 year rule; they are related to whether or not his current relationship is (or ever was) valid.
If USCIS thinks that he received his green card fraudulently, then they will revoke his green card; they have done nothing to indicate that that is what they want to do. Everything they've done indicates that they suspect that he is CURRENTLY in a real relationship.
He could get divorced tomorrow and still be eligible to naturalize.

When I was doing my expedited passport at the passport agency (Chicago) there was a lady with your situation - driving up to Canada. Had no issues getting the expedited passport.