beloved_dingo

The issue, imo, is that a) mentioning a visa muddies the waters and b) your parents cannot "apply" until they have proof of permanent residency. But you're actually incorrect that they don't have proof of permanent residency/green card until the plastic card arrives. As @Crazy Cat said "Their stamped visas (in their passports) are temporary green cards until the plastic ones arrive". A plastic green card is an "I-551". The stamp in their passport is also an I-551, just with a shorter validity (1 year).

Personally, I would try ombudsman first. You could work on preparing the lawsuit in the meantime.

I agree with your assessment. When dealing with so many different things in life, it is best to volunteer the least information necessary and leave no room for doubts or assumptions. It's completely reasonable to plan ahead while waiting for the visas, but as of now they do not have a visa and are not permanent residents. It makes 100% logical sense that a rental company is not willing to add their names to the lease now. They currently have no legal status, and are not present in the U.S. And I believe their refusal to add them later might stem more from a misunderstanding of the visa process that is occurring than racism (though it is possible, considering it is not hard to google what an IR5 visa is...) To the OP: going forward in your search for housing, I would simply state that "My parents are immigrating to the U.S. later this year as permanent residents. I am looking for housing for the 3 of us. For the time being, I will be the only tenant on the lease, but will add my parents to the lease once they arrive." This accomplishes a few things - 1) Not using terminology that is unfamiliar (IR5 visa) and instead stating what they will actually be upon USING that visa - a permanent resident. The IR5 visa is irrelevant. Don't muddy the waters. 2) Not speaking in uncertain terms but also not volunteering a specific timeline. Don't imply or insinuate that there is a chance they may not come, but also don't commit to a specific date of their arrival. 3) Not asking for all 3 tenants to be added now. Your parents don't need to be on the lease right this second, but reasonable landlords should 100% allow them to be added later. 4) Don't ask for what you need, tell them what you need. Asking "can my parents be added to the lease later" invites a higher likelihood of hearing "no". Telling them straight out that they will be added later gives less of an opportunity for a "no" or an objection. Adding people to leases is quite common. People get roommates, have their partners move in, etc. Stating that "marriage, divorce and death" are the only valid reasons to add/remove someone on a lease is absurd.

If USCIS suspects someone is married and their visa hinges on not being married (like a K-1 visa), there is no document that can be provided to override the suspicion. K-1s that face this are denied, full stop. We have seen this time and time again, where people pursuing a fiancé visa get caught calling each other "husband/wife", or they have a religious ceremony, etc. and there is nothing they can do to prove they are not married.

Sure there are a lot of things a lawyer can do, which is why I asked what this lawyer has done for $7k. I've worked in the legal field for ~7 years so certainly understand how lawyers can be and are helpful to people. However, we have seen far too many instances here of lawyers giving out incorrect information, being unresponsive (including not passing along updates/notices promptly), having typos or incorrect dates on forms, or just blatantly charging far too much money for people with relatively straight-forward cases. And many divorce waiver ROC filings are straight-forward. (To be clear I'm not saying lawyers should never be used for immigration, but I think people should always do research first to see if they can DIY it, and if not, they still need to be vigilant/do their own research to make sure things are being done correctly).

Incorrect.

"Original copy" is a bit of an oxymoron. There can only be one original; official reproductions of an original are certified copies.

Yikes. Filing ROC with a divorce isn't really more complicated honestly, unless you are lacking evidence of having a bona fide marriage. And an attorney won't be able to create evidence from the ether. What exactly did this attorney do for you for $7000??? And is your divorce finalized (i.e. do you have your divorce decree)?

My understanding is you cannot mail the application for a new passport. Apply in Person Apply in person using Form DS-11 if you respond "Yes" to at least one of the following statements: I am applying for my first U.S. passport. I am applying with my child who is under age 16. My previous U.S. passport was issued when I was under age 16. My previous U.S. passport was lost, stolen, or damaged. My previous U.S. passport was issued more than 15 years ago. https://travel.state.gov/content/travel/en/passports/need-passport/apply-in-person.html

Household size must include the petitioner (you) and the beneficiary (fiancé), plus any dependents you have (if any). So the household size for I-134 cannot be less than 2.

@Jazii Congrats!

Not everyone gets an update that I-751 has been transferred, but for those that do it is common to receive that update within the first few weeks of filing N-400. We were notified the I-751 was transferred exactly 1 week after filing N-400. Since your biometrics have been reused, at this point you are just waiting for notice of an interview date. There is more helpful information in the N-400 forum. Here is the link to the thread for May 2023 filers:

Nope. Not at all true. We had exactly zero wedding plans when the K-1 was filed, nor did we have photos of an "engagement event". And people here are cautioned against sending photos of very formal looking engagement parties because certain consulates question whether it represents an engagement party or a wedding event. The only thing we ever provided pertaining to engagement other than our letters of intent to marry was the receipt for my engagement ring, and that wasn't even sent with the original K-1 petition. My husband provided it at his interview at the consulate as a piece of additional evidence. Anyway, as others have said, CR-1 is a much better bet now anyway. It was more of a toss-up back in 2018 when we filed, but that is no longer the case especially with fees potentially going up for AOS and the similar processing times between both visas.

I wouldn't dismiss the option of getting a U.S. passport quickly, if same day oath is offered to you. The expedited processing that doesn't involve urgent travel is unpredictable (could take 3 weeks, or could take 8 weeks), but the expedited processing when you have travel within 14 days is completely different and is known to be reliable. I would not dismiss this option at all. So, based on that, I personally wouldn't turn down doing the same day oath ceremony.

Thank you! No, I was not allowed inside at all. I posted the full details in the N-400 thread if you're interested:

If you are submitting tax transcripts (from the IRS website) you do not need to include schedules like W-2s, 1099s, etc. Also, unless you are including assets to meet the requirements, paystubs and/or a letter from your employer confirming your current, ongoing pay is recommended rather than a bank statement. From the I-864 instructions: "[Y]ou may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months." You can use the biographic passport page to establish you are a citizen. For establishing U.S. Citizenship, the I-864 instructions state: "Proof of U.S. citizen or U.S. national status includes a copy of your birth certificate, certificate of naturalization, certificate of citizenship, consular report of birth abroad to U.S. citizen parents, or a copy of the biographic data page of your U.S. passport."

Thank you. I hope you get an update soon!

Just updating here because my husband had his N-400 yesterday, and is now a US Citizen. Luckily this also means that the long wait for ROC is now irrelevant. Case status for the I-751 says "Case was approved" and N-400 days "Certificate Of Naturalization Was Issued". It's a relief to not have to think about green cards and processing times anymore.

No, we had no idea whether the interview would be a combo interview so to err on the side of caution, we made sure to be prepared for a combo interview. We also had no prior indication that the I-751 was at the FO, since there were no updates after it was transferred to NBC. However, since the pending I-751 was not even mentioned and I was not needed in the interview, my impression is that the IO had already looked at both files and had everything she needed to make a decision before my husband was interviewed.

Thank you! Such a relief for both of us.

Just updating following my husband's N-400 interview (Montgomery, AL Field Office). The appointment was at 9:30AM, and we went in at 9:15AM. I was not allowed to go inside. He was called back at 9:35AM and was finished at 9:55AM. The civics questions that he was asked: Who is the current president? What is the political party of the president now? Why does the flag have 50 stars? In what month do we vote for president? Name one war fought by the US in the 1900s. What does the constitution do? He was not asked anything at all about the pending I-751, and other than confirming that we are still married, there were no questions pertaining to our relationship. She did not look at or ask for any documents, except the green card. After going through all the usual questions in the N-400, he was approved and immediately scheduled for the oath at 11:30AM today. I wasn't allowed to go inside for that either, but was able to watch through large windows into the room. The oath was finished in 15 minutes, he got his naturalization certificate, and left the office a U.S. Citizen!!! Case status for I-751 now says "Interview Was Completed And My Case Must Be Reviewed" (which I am just ignoring, lol) and N-400 case status says "Certificate Of Naturalization Was Issued" Very very happy to be done with this huge milestone and finished with USCIS!

As already stated, the answer is no, without question. The driver wouldn't even answer yes in this scenario. The question specifically excludes breaking traffic laws - "excluding traffic regulations".

Sorry if I am misunderstanding, but how do your DUIs have a connection to you "having been battered or subjected to extreme cruelty"? The "and" in 3.c. is important.

I just feel better having a copy of original docs on hand so my husband doesn't mistakenly hand over an original for the IO to keep, if they happen to ask.

Since my husband's N-400 interview is Wednesday, we got all of the documents together over the weekend. We are bringing the required docs as listed in the interview letter and a mix of old and new marriage evidence, just in case they ask for anything. Here is a list of what we are bringing, in case it helps anyone. Or if anyone notices something we're missing, please let me know! H's Green Card N-400 Interview Letter H's Driver’s License H's Australian Passport (new and old) Marriage certificate (original & copy) W's divorce decree (original & copy) W's birth certificate (original & copy) Tax transcripts for the last 3 years (2020, 2021 and 2022) Apartment leases (All from 2019 - Present) Joint bank account statements (new ones since filing N-400) Joint HYSA statements (new ones since filing N-400) Credit Card statements (new ones since filing N-400) Joint Water Bills (Selection of old ones + new ones) Roth IRA Beneficiary Letter Documentation of W's Beneficiary/Benefit Elections Documentation of Joint Car Loan Documentation of Joint Car Insurance Can't wait to be done. Also, since we are hoping for same day oath, we nabbed a passport appointment on May 25th to get the ball rolling on that as soon as we can.