nastra30

Op, what does the status say based on this link: https://egov.uscis.gov/

---- https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 "The spouse must have continuously resided in the United States after becoming a lawful permanent resident (LPR) for at least 3 years immediately preceding the date of filing the naturalization application and must have lived in marital union with his or her citizen spouse for at least those 3 years. " ----- So you've been a spouse for 3 years but you haven't been a US citizen spouse for those 3 years. You've only been a citizen spouse for 2 years.

Then yes, you must have been a citizen for all those 3 years if wife is to naturalize based on 3 year rule. So wife can naturalize in June 2025 (minus 90 days) based on 3 year rule.

Why can't wife file under 5 year rule since she's been LPR since 2001? Or you meant 2021?

Op, did wife formally submit i-407 to abandon her LPR status? When did/does wife's greencard expire?

No. I meant don't tell them unless they ask you. This goes for everything; don't volunteer any information unless asked by officer.

Good luck.

There's always a possibility of being denied entry for non-immigrant visa holders (including F-1) since entry is always at the discretion of immigration officer. Additionally, in your case you would have already graduated school by July. IMO, it's risky to re-enter based OPT status than to re-enter as an active student enrolled in school. To minimize the risk, make sure your OPT is not in pending status but approved and in hand; and also you already have employment offer for OPT. +When does your F-1 visa expire? +When does your current I-120 expire?

+Contact USCIS to schedule appointment for mom to get ADIT stamp in her passport. +File lawsuit Writ of Mandamus to force USCIS' hand. Good luck.

Even though her naturalization is not based on marriage, she will still be required to list all her marriages (including prior marriages) on her N400 form. She will definitely need to show proof that all prior marriage were terminated so she should start seeking that divorce decree ASAP. Naturalization is a big deal so the govt tries to thoroughly vet an applicant so never leave any relevant info out of your application especially one to do with spouses/former spouses. See links below: https://www.uscis.gov/sites/default/files/document/guides/M-477.pdf "If you were married before, send: □ Proof that all earlier marriages ended (divorce decree(s), annulment(s), or death certificates(s))." https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf Evidence of Your Current Legal Marital Status. Bring the original of all marriage certificates, divorce or annulment decrees, death certificates, and other official records to confirm your marital history and your current legal marital status.

IMO, this could cause all sorts of issues especially with N400 down the line. Since your marriage was invalid your MFJ filing status (with current spouse) was also invalid. See IRM 21.6.1.5.7. https://www.irs.gov/irm/part21/irm_21-006-001r#idm140639320237040 Talk to a family lawyer and a CPA.

MikeE is no longer active here. Since you are interested in his feedback he already gave one here:

No, not required. If you want to help them pay for the application fee and flight, sure help them pay but invitation letter and tax docs are not needed. See link below: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html "Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa."

Your brother has to complete a DS-160 and schedule and interview. That's it; nothing complicated.

I will recommend you wait because you are close to naturalization anyways.

I guess this is meant for op?

Correct. More like he will be in authorized stay.

Congrats.

Your timeline doesn't say if your I-751 has been approved. In that case go with spouse in case it becomes a combo interview. Good luck.

Hmm interesting. I'm not sure how you were able to fill the application online and submit it if the account wasn't active already. Perhaps, I'm missing something since I haven't filed anything online a long time.

How did you file online without an account? It's a matter logging in to the account you used to submit the application and you'll see the option for unsolicited evidence.

You can upload additional unsolicited evidence if you like. They may or may not consider it.

Did you file online?

IMO, it's not going to be much easier; that's the crux of issue at hand. The meer fact is you can't proof a negative. From your end you know she's been married only to you; from DOS/DHS end they have evidence under oath twice that the beneficiary admitted being married to 'original husband' in two separate interviews. And that marriage hadn't been terminated before marrying you. I will say this differently, they will most likely revoke based on ineligibity of beneficiary because she wasn't free to marry you. This is where you believe you can easily overcome but I just don't see how that's possible (can't proof a negative). But then again, you've established your plan to pivot the situation from 'ineligibity' to 'misrepresentation based on lies'; let's see if USCIS will bite on that argument. I doubt they will but I will never say never. I have read all the matters stated and all other relevant matters to those stated and I opine DHS has the upper hand. Perhaps, we will soon have a Matter of Elon vs DHS, if DHS doesn't pivot to the misrep route.

If it's your 2nd marriage make you give him termination document from your previous marriage to take to the interview. Good luck.