Brother Hesekiel

Sure.
In fact, the violation of US immigration laws was documented at the AoS stage. So if you want to answer truthfully, which might be a good idea for a Green Card holder, YES is the correct answer.

The correct answer is NO.

We can all speculate whether the question has been asked to sort visa vs. AoS cases, but that's not our job, yes?

The question is straight forward, and so is the answer.

So you are married less than a year, and your (conditional) Green Card  has an expiration date on it that is only 1 year after the issue date?

If so, that's indeed a nasty mistake, and I wonder why you never had a closer look at your Green Card in all this time.

Anyway, I-90s take quite a while these days, so you'll need to have patience. It's also possible that you'll receive the card back with instructions to file an I-751 instead. Of course, you can't do that, so you'll call the USCIS hotline, and try to explain to them that they screwed up. That most likely will also get you nowhere, so eventually you'll make an Infopass appointment and regretfully have to say that you mailed out your Green Card. Not much you can do at this point than sit back and hope for the best . . .

Yes, you need to mention the ticket at the interview. If the case hasn't been adjudicated by that time, your N-400 may take a bit longer. It's also possible that the I.O. either requests you to mail in the court papers after disposition or (less likely) bring them to the Oath Ceremony to be signed off by him or her.

You need to list those things on  the N-400, of course, the same way you need to list your AAA or Costco/Price Club membership under Part 12 A and B of the N-400. It's not up to the applicant to decide what matters and what's pretty irrelevant; that's the I.O.'s job.

But you do not need to provide any form of documentation for traffic offenses with fines under $100. The I.O. will look at it, perhaps make a joke or tell you to "slow down" when driving in town, and that's about it.

You seem to be confusing Removal of Conditions, an act of immigration, with naturalization.

Your husband is done with immigration. All he needs in regard to documents when it comes to naturalization, and even that only as a backup, is your jointly filed income tax returns. No bank statements are needed, no library card, no letter form your pastor. If you go with him to the appointment, and sit next to him when the I.O. calls him in to the interview, you need pretty much nothing

You are not saying it directly in your post, but I assume you plan on smuggling drugs or firearms into the United States and fear that the Trump administration will make this more difficult than under the Obama administration?
If so, that's indeed possible, more so as the President decided to put the National Guard to the border. But you can avoid any and all problems if you don't do anything illegal and just enjoy the cruise as intended, for vacationing.

Make sure he stays out of the country for over a year.

That being said, if your wife wants her son to come back to the US and live with her, she'll tell you to file a new I-130 in his behalf.

If you refuse, your marriage is over.

Being married requires the willingness to compromise. If you ask a mother to decide between her child and you, I doubt that you'll come out as a winner.

Filing the N-400 while the I-751 is still pending is a smart move as it forces the adjudication of the RoC petition. It's the equivalent of a reminder to the USCIS to get off the couch and do their job.

Did they also find the cut-off limbs of the guy you killed?
If not, then you are in the clear. There's no law that prohibits anybody, not even a Green Card holder, to drive with tools around in the car. I live in California and drive around with a loaded gun all the time, perfectly legal.

On 3/22/2018 at 3:29 PM, Life_love said:

Thanks for your response...i earned $0.00 for 2013 so you think i should still go ahead an file?

Yes.

File your 2013 income tax return with a $0 income now.

Thirty minutes well spent.

On 3/22/2018 at 3:03 PM, Michael2017 said:

A reason for a re-entry permit to be issued, is study abroad. This is exactly what we wrote as reason why she stays abroad.

She did not study in Germany but another EU country.

That changes things to the better.

Is that a trick question?

You will submit your federal US income tax return for 2013 now. If you don't owe any income tax, there's no late fee, no punishment.

AFTER you did that, you can truly answer that you never failed to file a federal income tax return.

The question is whether or not you filed late, but whether or not you failed to file. So file!

Problem solved.

Your file is on the desk of an FBI agent, somewhere.  Unfortunately, there's nothing you can do to make him or her grab your file and do their goddamn job. You'll have to wait.

That being said, make an Infopass Appointment with the USCIS and light a friendly fire under the I.O.s buttocks.

Twenty-five years . . . . huh . . . and now time is of the essence. How ironic!

I have a poor opinion of government workers. In my not-so-humble opinion, folks who work for the SSA and the DMV are in large part dumb as a piece of cardboard, and about as useful.

That doesn't apply to I.O.s though. They are actually quite smart.

A Kraut who is a Green Card holder is not allowed to study in Germany. That would imply being a RESIDENT of Germany, as she can't be an international student in her country of citizenship. That's the first thing that will caught any I.O.s eye who is adjudicating her N-400.

The continuous residency is not broken when a Green Card holder is absent for less than 365 days in a row. But any longer absence from the United States, all of which need to be documented, will be subject to scrutiny. She doesn't want that.

my thoughts to you is that she doesn't file her N-400 before she has 5 years of clean residency, without any significant absence. She can file as soon as she has been married to you for 3 years minus 90 days.

Wait with the passport renewal until after the interview.
Problem solved.

I assume that you have a conditional (2-year) Green Card. The condition is that you stay married to the petitioning US citizen spouse and live with her in marital bliss under one roof. Once you got divorced, the condition of your conditional Green Card no longer exists, and you'll have to file for Removal of Conditions right away,  no matter the expiration date on your Green Card. So it's a "whatever comes first" scenario.

In addition, once you establish, or re-establish, residency outside the United States, your Green Card also becomes invalid after the fact. So if you move back to Germany, have a residency (Wohnung + Meldebescheinigung) there, you are reestablishing residency outside the US.

Of course, you could just "visit" Germany, and when you return within 6 months or so, you *may* slide through the cracks and be "admitted again." It's just that when the CBP officer ask you what you've been doing there for so long, and how you could afford a vacation without having to work, you'd need a pretty good answer. If you work in Germany, you'd be doing it as a resident (a Kraut can't get a work visa for Germany), and you also would have to declare that income on your federal US income tax return. That would basically document that you voluntarily abandoned your US residency.

But all of this is secondary. If you wish to continue to live in the United States, you need to file the I-751 now. If you want to move back to Germany, none of this matters.

Citizens from certain countries have a hard time getting a B2. The reason for this is simple: the consular officer isn't sure that the person won't want to overstay. A way around this is to apply for a Green Card, then surrender said card via I-407 to the consulate, and, AT THE SAME TIME, apply for a B2.

Clearly, a person who has the right to permanently live in the United States is no danger of overstaying. If such a person tells the consular officer that she prefers living in Colombia, but would like to visit her family for a few months per year, there's no reason not to issue her the B2.

6 hours ago, ShanghaiSurfer said:

Double taxation is the biggest issue. I believe US is one of only 3 countries that taxes worldwide income (I believe Philippines & Etrea being the other two).  

Green Card holders are taxed the same way as US citizen. NO difference at all.

9 hours ago, NikLR said:

1) I dont want to be called a US citizen?

2) I may retire in Canada and I dont want to file a  US tax return for the rest of my life?

 

You may find those things meaningless but I do not. 

 

But for the OP those things do not seem concerning so by all means, file away!

1) Nobody has called me a US citizen, ever. Most people call me by my name, but others have called me . . . um not so nice names. But you "US citizen" you was never among them. And the first thing I did after they tattooed by forehead with US CITIZEN is have it removed so that I can't be identified as one.

2) I doubt that as a retiree you'll be making enough money to have to file as much as an EZ1040.

I read all of the posts, and then I try to put myself in the shoes of the O.P.

First and foremost, I would not let my cat endure what the O.P. described. If my husband were to torture my cat, I'd intervene immediately, without hesitation. If he then lies his hands on me, I'd immediately call the cops and press charges against him. THEN I'd have a viable case for VAWA, not earlier.

I also have a problem with the "my parents paid for everything." Why? Why would I want to marry a guy who pulls such a stunt on me and my parents?

I don't want to give advice to the O.P. But if it were me, I'd grab my cat and go home.

End of story.

First, not as a lawyer, but as a man to another man, I suggest you don't badmouth your ex-wife. That's not gentleman-like and won't earn you any points for anything from anyone. Sometimes marriages just don't work out, plain and simple.

Now to your post. The attorney you consulted is trying to make money off you. It's how he pays his bills. Truth is, the fact that your ex-wife contacted the USCIS is pretty irrelevant, if you can show that your marriage was bona fide. What documents you need for this (the three pillars of RoC) is not part of this advice here an now. You should be able to pull this off yourself without the help of an attorney. We can help you here, free of charge.

I'm a bit shocked about the inadequate advice given to you.

There's only one way forward, and I'll outline it for you.

Understand that there are only 2 ways to remove conditions:

1) JOINTLY, when happily married, living under one roof

2) SINGULARLY, when divorced.

Based on your post, you do not fit into either of the two categories, and unlike you live in a state where you can divorced as quickly as Elvis can marry you in a Las Vegas chapel, you won't be able to do this for some time.

So without me having to type like there's no tomorrow, here's how you'll have to proceed:

1) File for divorce tomorrow morning. Have your husband served.

2) File the I-751 alone 7 to 9 days before your Green Card expires. Do it via certified mail and return receipt. Do NOT file later than that. Do NOT let your residency expire. A couple of weeks afterward, you'll receive your extension letter in the mail.

3) About a month after you submitted your application, an I.O. will go through your application and notice that you did not enclose a divorce decree, resulting in an RFE for this. Usually, you'll get about 90 days to respond.

4) If your divorce has not been finalized by then, you'll get a one-on-one date with an immigration judge. Usually, that also takes a month to three months. That's when you'll need the help of an immigration attorney. It will cost you about $1K (Sorry). At that appointment, your attorney will ask the judge to suspend proceedings 'til your divorce is final. In almost ALL circumstances the judge will sign off on this.

5) Once your divorce is final, you'll be forwarding the divorce decree to the USCIS, after which they can adjudicate your I-751. Shortly after you should receive your unrestricted, 10-year Green Card.

The document may have expired, but not her status as a lawful permanent resident. There are many Green Card holders who do not renew their Green Cards 'til they absolutely need to. They absolutely need to when either (1) wanting to travel internationally or (2) having to go to the lions' den (the USCIS office). For all other purposes, work and I-9 form included, no Green Card is needed if the applicant has a valid driver's license and an unrestricted SS card.

Have your mom file form I-90, accompanied by a check for $540. Put a 50-cent stamp on the envelope.

No lawyer needed.

Oh boy . . .
 

A travel document doesn't mean you'll be "admitted" again to enter the United States when you return. It does happen, and most such cases lately concern DACA patients, but generally speaking, in order to be admitted again, you'll have to return with a valid visa. I doubt very much that you have such a visa or will have such a visa.

Then again, since you can't adjust from a CD/1 anyway, there's not much to lose. The worst thing that can happen is that you'll have to wait for your CR-1/IR-1 visa, which can take about a year. Well, not true. The worst thing that can happen is that you have overstayed for over 180 days by the time you leave the United States, and will trigger a 3 (or 10-year) bar when leaving.