beloved_dingo

I'd like to ask some clarifying questions. 1. You said your mom returned to the U.S. in Nov. 22. When did you all learn that her leaving the country abandoned AOS? 2. Did your mom know, when she returned in Nov. 22, that her AOS was abandoned, or did she believe everything was fine with the I-485 at that point? 3. Did your mom actually plan to return to her home country in May when she arrived back in the U.S.? Or did she know she would likely be staying indefinitely? Regardless of the answers to the above questions, there is a Catch-22 created by this sitation which is why people are cautioning that this could be misrepresentation. To further explain: 1. If your mom thought her AOS was still valid and processing normally when she returned in Nov. 22, then she also knew she wasn't just visiting. Adjusting status is not "tourism". 2. If your mom thought her AOS was abandoned when she returned in Nov. 22, then she likely either a) thought she should no longer AOS and planned to just visit or b) she knew that she would try AOS again. If a) is true she could be fine refiling but if b) is true there could be misrep. 3. If your mom did not understand that she could not leave and return to visit as she pleased, then she could possibly have planned to just visit AND also believed her AOS application would still process as normal. This wouldn't be misrep imo BUT the burden is on her to know the rules, and this could still cause issues because USCIS may not believe it was all through pure ignorance. It is often said here that CBP and USCIS presume immigrant intent by default, and the burden is on the immigrant to demonstrate otherwise. This is the hurdle you are facing. So, imo yes there is a chance that filing another I-485 would work out in the end with no major issues if the more favorable scenarios above apply to her and USCIS believes it. However, there is also a chance that USCIS determines she misrepresented herself. If that happens she could get a lifetime ban. Consular processing could be safer, but obviously she would have to leave and visiting on a B2 in the meantime is always at the discretion of CBP.

It typically takes longer than just 2-3 days to get the I-797. Could be a week, could be longer.

Use tax transcripts instead.

It depends. Our field office is in a city is about a 2 hour drive, but the bio appointment was at a local ASC in the city where we live. That's normal. N-400 is a more efficient process in pretty much every way compared to I-751.

So sorry for your loss. But luckily, especially with that explanation, I believe you are 100% okay with the slightly late I-751 filing.

People have posted about it here in several I-751 threads, and in the specific thread about the 48-month extension letters. Here are some: https://www.visajourney.com/forums/topic/795228-extension-letters-now-being-increased-to-48-months-merged/page/11/?tab=comments#comment-10807300 https://www.visajourney.com/forums/topic/749037-i-751-october-2020-filers/page/86/?tab=comments#comment-10807861 https://www.visajourney.com/forums/topic/740623-june-2020-i-751-filers/?do=findComment&comment=10808142 https://www.visajourney.com/forums/topic/742447-july-2020-i-751-filers-merged/?do=findComment&comment=10808487

Perhaps I am wrong, but the way I read the original post is that they are both outside the U.S. right now together ("I've had to convince her to move to the US with me"), and not long distance. Unless OP decides to clarify any of this though, it's anyone's guess.

I don't know if this really frames the situation correctly...it makes it sound like his wife is somehow in the wrong for not wanting to uproot her current life to move to a foreign country away from her support system that exists outside of her marriage - a marriage of only ~1 year as well. OP has given us no information about why they seemingly have no choice but to move to the U.S., and it seems he knew before marriage that she didn't want to move. If I were her, I would see it as a red flag that my spouse is basically forcing me to leave my home but is "terrified" of having to sign a document pledging to support me.

First, to address this statement: "I could be on the hook for a lifetime of financial support if we get divorced (It doesn't end after 10 years as most possible think)." The I-864 obligation ends if the immigrant becomes a U.S. Citizen or is credited with 40 quarters of work (which is usually 10 years). So, yes the obligation CAN last longer than 10 years, but it won't if either of these conditions are met. Second, I disagree that the I-864 "incentivizes sponsored immigrants to not work" but I won't debate that. In your situation only one immigrant matters. This immigrant is also your wife. What causes you to fear that in the event of a divorce, that she would stop working? Does she not have a desire to work or a good work ethic?

Have any of the Nov. 2021 filers received a 48 month extension yet? Seems like a lot of folks received theirs this week.

I believe you're fine because: 1) You technically mailed it on time (1 day early) 2) You enclosed an explanation for the late filing 3) Your I-751 was received only a few days late Out of curiously, what reasons did you include in the explanation letter?

The zip code 60124 is Elgin, Campton Hills and several others. Many addresses can have different interchangeable cities/towns and still be correct. In this case, Campton Hills is a part of Elgin.

Your list is solid and others have given good advice on additional things to include. Just going to add that if you have any proof of trips taken together, I would include that evidence. Additionally, if you have any mail/cards/invitations that are addressed to both of you, that can be good evidence to include as well.

No, it's not. But both spouses should go and hope that it is if the I-751 is still pending at the time of the N-400 interview.

HR Block preparers usually have very little training. This is a perfect example. If you are married during the tax year, you cannot file as single. If you are married at any point during the year, you are considered married for the entire year for tax purposes (even if the marriage occurred on December 30th). The tax preparer SHOULD have either suggested that you a) apply for an ITIN for your foreign spouse with the tax forms or b) filed "Married Filing Separately" (which can then be amended to Married Filing Jointly at a later date after the spouse's SSN is acquired).

Getting an actual job offer is one of the best ways to get an EAD expedite. What reasons did you provide for an expediate of the EAD and AP before? What did you fax over as "supporting evidence"? It seems strange to apply for expedites of both EAD and AP at the same time, because they are kind of at odds. If you urgently need to work, then traveling to the UK isn't urgent, and vice versa. The officer that mentioned the website probably meant either sending in inquiry or using Ask Emma, but the wait times you are experiencing is in line with the norm these days from what I have seen.

Check here instead: https://egov.uscis.gov/casestatus/landing.do Case history tab also still works properly.

This has been an ongoing issue for weeks. You can check your status with the receipt number here (without logging in): https://egov.uscis.gov/casestatus/landing.do You can also click the "Case History" tab and it will display properly. The error only appears on the "Case Status" tab.

Congrats on getting the N-400 interview scheduled. I think you may have meant to post this in the Nov. 2021 thread, not Nov. 2022?

USCIS is notoriously bad at handling address changes properly. If it were me, I would submit it again.

Before that it was "We scheduled you for a biometrics appointment". As a side note, someone at the ASC where my husband did his bio appointment gave him this outdated notice that says "Naturalization applicants with a filing date of Dec. 1, 2020 or later are required to take the 2020 version of the civics test." I immediately started laughing when he showed it to me. Just another classic example of USCIS' typical modus operandi of "the left hand doesn't know what the right hand is doing". For anyone reading this, this isn't true. They are using the 2008 version of the test, as evidenced by the experiences shared here on VJ by those who have had their naturalization interview and by USCIS itself: Civics Test 2008 Version The 2008 version of the civics test is an oral test, and the USCIS officer will ask you up to 10 questions from the list of 100 civics test questions. You must answer 6 questions correctly to pass the 2008 version of the civics test. Applicants who filed their Form N-400 before December 1, 2020, will continue to take the 2008 civics test at initial exam, re-exam, or N-336 hearing. Applicants who file their Form N-400 on or after March 1, 2021 will also take the 2008 civics test at initial exam, re-exam, or N-336 hearing. The even more ridiculous thing is I'm pretty sure the 2020 version was never "required" and it lasted a very short amount of time (5 months maybe?). During that period of time, people had the option of taking either version. It's baffling that my local ASC is giving out information that is a) years out of date, and b) not accurate even when it wasn't out of date.

N-400s start at NBC and then are adjudicated by the local offices for interviews, etc.

My husband just had his biometrics appointment. He was in and out in less than 15 minutes, and we also got the update "Case Is Being Actively Reviewed By USCIS" right after.

The extension letters changed to 48 months on/after January 25th.

We did not put the A number on the photos, but we compiled them in Word (4 to a page) and had the date, the names of everyone pictured, and the date the photo was taken in the caption for each one.