Mike E

She has a pending I-129F

You need to separate petitions. When your parent arrives on the immigration visa, your parent should file I-130 for each of your unmarried brothers. This is because sibling petitions have the longest wait time.

I am confused. Are you petitioning your parent and your brother or just your brother?

No. File as married filing separately.

If you file them all together, it has to be by paper because the others cannot be filed online.

File for citizenship 5 years plus a day after you moved back to the USA and you have 5 years of tax transcripts. Congratulations on rebuilding your life here.

Tine is of the essence given he has fewer than 30 days left on his authorized stay. I suggest you file them all together as per the guide. Focus on right now on getting a marriage certificate as fast as possible.

Well that’s up to an immigration judge to decide. I’m out.

My understanding is this is a false dilemma as both boxes can be ticked. If there is evidence of abuse it the box should box should be checked along with the divorce box. The reason is that if your case ends up in front of a judge, if you haven’t checked a box you can’t argue that box in front of a judge if didn’t first present it to USCIS.

And if so, the K-1 path was doomed anyway. By attempting to adjust now, versus later under K-1, the day of reckoning occurs sooner.

Intent is established by CBP at the port of entry. CBP determined that, despite the pending I-129F, he did not intend to adjust status. Your arm was not broken before he entered the USA. So circumstances changed. You’ve plenty of evidence. You’ve been given lemons. Time to make lemonade. You need him and he is here. Take this gift. You will regret it otherwise. Yes a denied B visa when one is ESTA eligible is a de-facto ban in most cases. You’ve got today and tomorrow to consider your options. Tuesday the counties open for marriage licensing. Tick tock.

Oh. I thought he timed out this week. Vegas not needed unless you live near there. Plenty of time to get married other ways and get a marriage certificate in hand before filing I-485 as per my earlier link. Use https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp to get married.

He is not getting a B visa and as time is of the essence no point belaboring why. Get married this week. Thus is a case where I recommend Vegas and @Loren Y can get this done for you within minutes of arrival. File to adjust (then cancel I-129F). Pending adjustment of status means he can stay until his case is decided and if decided as a yes, he can stay forever. Follow the process in: https://www.visajourney.com/guides/i130-spouse-inside-usa/

And there in lies the problem. You are what you tolerate. That you led with an insult means that you didn’t have much to add to the topic. I’m out.

How did your parent become a U.S. citizen?

CBP officers have the entire immigration record on their screens. As an LPR who adjusted from an F-1 status, I’ve been asked the same question as OP. One’s basis for U.S. citizenship can always be reviewed and questioned by DHS at any time. U.S. citizens have been held up at the border and handed over to ICE for long term detention in the past, https://www.newsweek.com/ice-detain-citizen-birth-certificate-aoc-francisco-galicia-1450791 and will in the future. I think the record for ICE detention of a U.S. citizen is over 1200 days: https://www.npr.org/sections/thetwo-way/2017/08/01/540903038/u-s-citizen-held-by-immigration-for-3-years-denied-compensation-by-appeals-court This will only get worse.

Most journalists, like most consular officers and most immigration service officers, don’t understand the difference between taxable income and cash flow. And this appears to include even a Trump sympathetic news outlet like Townhall: ”We’ve gone from ‘Trump is a sexual predator to he’s a Kremlin agent to he’s a tax cheat,’ and now—he’s not a good businessman.” Guffaw guffaw guffaw. Chortle chortle chortle. It is true, Carlin reminded U.S. that the average person is stupid and half the people are stupider than that. Some of them ended up as journalists. Anyone who has rented out real estate, even something as small as a spare bedroom, knows that the tax code makes it difficult to show a taxable profit. If there is a scandal it is that Trump’s 2017 tax reform bill introduced the Qualified Business Income (QBI) deduction and real estate investors like Trump were a large beneficiary of that. The entire thing was passed in full view of the press and it was a giant “whoosh”. I was shocked by QBI each year I filed tax returns under the Trump administration. And no one in the press is reporting the impact QBI might or might not have had on Trump’s taxable income. That’s because no one in the press understands taxes. And even if they did, the public wouldn’t care. Trump lives rent free and tax free in the heads of left. Instead, tax returns are now weaponized and we will be able to see how some members of Congress inexplicably amassed fortunes. What a gift.

You can say “asked and answered and I’m done answering questions” Until they get tired of it.

Maybe CBP thinks they have been in the U.S. too many times spending too many days. 1. Why aren’t 2 months enough? 2. Why do they apparently stay for 6 months at a time?

They should file I-90 before doing so and yes. As I’ve linked.

You are missing that a port of entry on the land border is actually inside the USA and legally LPRs cannot be removed the USA until a judge orders it. It works and CBP even tells you it works. See https://www.visajourney.com/forums/topic/769286-lost-green-card-while-in-canada-i-90-form-questions-merged-threads/?tab=comments#comment-10532481 This why CBP wants all airports of entry to be pre-clearance. So that undesirable citizens, LPRs, and other non citizens can be kept out of the U.S. Once anyone is on U.S. soil, removal is hard.

Because being denied because you failed to reply to an RFE in time doesn’t mean you aren’t already a U.S. citizen. If that were true then U.S. citizens who have had their N-600s denied because they didn’t respond to an RFE wouldn’t be able to get U.S. passports. Well they can and they do. Too much advocacy in this thread of illegal activity and high risk behavior. I’m out before the lock.

The context is a denial because the RFE response was late or didn’t happen. In that context there is no N-400 path. Remember that N-600 applications result because N-400 was denied. USCIS isn’t going to break the law just because an applicant decided to run out the clock on an RFE for an N-600. I’m sure people have tried that approach and paid the price. Options: * Get a U.S. passport and live with limitations. 99 percent of everyone can do so. * try to appeal in federal court. If one insists on attempting N-600 before passport and without an experienced litigator preparing the application one arguably gets what they deserve. If the litigator is not competent, the applicant can at least claim ineffective assistance of counsel. DIYers don’t get to do that. What’s VJ mantra for denied cases? Ans: file again. Too bad it doesn’t work for N-600. Whereas if a litigator is doing the work, the litigator knows the process for how to handle an RFE with an unreasonable deadline or requirement. For example if the RFE required DNA evidence and they only way to get was exhumation, a 30 day deadline is not going to hold up in federal court. I’ve never seen a case where hiring an attorney to fix DIY mistakes cost less than if the attorney was hired from the beginning.

No more waiting in this egregious case. The petitioner, being a U.S. citizen, has standing to force the State department to issue the visa or explain to a federal judge why it cannot issue the visa. State said it was a “technical” issue. Well it doesn’t take 3 months to fix technical issues. It is time for your spouse to hire an attorney. You are what you tolerate.

You get just one chance to file N-600. Given the petitioning parent is not longer alive and it was 29 or more years since the beneficiary became a U.S. citizen (hence the trail of evidence is cold … so I’ve some sympathy for @Timona’s opinion) filing N-600 first is high risk and has a high probability of (permanently) failing if USCIS issues an RFE and a deadline the beneficiary cannot possibly meet. Hence my advice to try for a passport and passport card first. It’s cheap, and it can be attempted multiple times. And the State department obviously and originally made a final and favorable determination of paternity and thus is less likely to question paternity 29+ years after the fact. Automatic acquisition of citizenship through naturalization of the parent needs to be reformed so that these tragedies stop once and for all.