Mike E

What name is your SSN in? What name is your passport in?

Call the embassy and ask

Why aren’t they pursuing EB-5? Or why aren’t they gifting sufficient liquid assets to their daughter for an asset based I-864? If they are very wealth they don’t need OP to sign I-864.

https://www.visajourney.com/examples/Fiance_Letter_of_Intent.doc

If you are convinced that is true why solicit a contrary view? Not going to happen. I’m out.

1. No 2. not retroactively. Wouldn’t hold up in court. 3. EI is an entitlement you’ve earned. 4. If the green card was obtained through employment, separation from the employer who petitioned the gc can raise questions during naturalization. If family based green card, DV based, etc, no issue. Employment is generally not a requirement to naturalize

These days, attempts to extend stay usually take longer than the both the original authorized state and the requested authorized stay. If the decision is no, as is sometimes (most times?) the case, this can result in canceling the visa or revocation of esta privilege. I don’t recommend it.

Congrats please update your timeline https://www.visajourney.com/timeline/profile.php?id=365698 so that future LA Naturalization applicants can benefit from your experience

11. Your unauthorized presence would be forgiven because your petitioner is both your spouse and a U.S. citizen

You need to spend the majority of your time in the USA until you naturalize and take oath. Based on a post this week, https://www.visajourney.com/forums/topic/793074-n-400-notice-of-continuance-how-to-prove-immediate-family-remained-in-the-us/ it turns out that simply spending 186 days out of each year in the USA isn’t enough. The subject of that link averaged 205 days per year in the USA and got an RFE. I’ve always believed 120 days of absence (thus 246 days of presence) per year is the maximum safe bar. So until you naturalize, spend at least 246 days per year in the U.S. Since you will be apart from your spouse for much of each year, naturalizing on the 3 year rule is out, because you must be in a marital union for 3 years, and I don’t think 120 days apart per year will suffice. It will have to be the 5 year rule. This all assumes your spouse doesn’t have a job that qualifies you for a waiver of the continuous presence and physical presence tests. Last week we had an excellent post on this. See https://www.visajourney.com/forums/topic/792869-naturalization-under-section-319b-american-firm-or-corporation/

1. https://www.visajourney.com/guides/i130-spouse-inside-usa/ 2. N/A 3. based on 5, 6 and 7 I say yes you need a lawyer. 4. Do the medical now so that if the interview is waived you don’t impede your case with an RFE for a medical 5. Terms of service of visajourney prevent me from saying anything other than don’t lie 6. yes 7. Possibly 8. under a week. You aren’t working so you have lots of available time. 9. Send it by January 10 at latest 10. depends on what the secondary was for. Do tell. 11. Is your bf a U.S. citizen? 12. Depends on the reason for the denial. Most of the time you can just refile before the deadline given to leave the USA. If you are deemed inadmissible then any ban for an offer stay is beside the point. 13. My advice is to not change your name until after you have become a U.S. citizen (or if you decide you won’t be doing that due to German laws that made dual citizenship difficult, until you have your 10 year gc). You have so little time to get your adjustment of status package right. There is no reason to add another moving part that will cause errors or problems 14. No. Plenty of couples get married in your situation.

Well done @Marieke H @highHopes In one of threads you linked, you noted that your wife was a staff member on your college soccer team. You’ve also mentioned else where that you had a college scholarship. 1. These are material facts that your didn’t volunteer in this thread. Did you do so during your I-485 or N-400 process? 2. Your assertion that your didn’t know your wife before your entered the USA on your F-1 now stretches your credibility. 3. I really question the competence of legal representation you received. Filing N-400 was high risk. 4. I’m going to drop out of this thread now. Good luck.

It’s better than a waiver. It’s a visa exemption now. Meaning no eTA required. LPRs of the USA have less desire to live in Canada than Canadian PRs have to live in the U.S.

Say what?

Litigation is your last option

Yes because she could make the compelling argument: “I visited Canada. I could have stayed because of my Canadian husband. Instead I returned to Thailand before my authorized stay expired.” I’ve see this argument sway DoS and CBP before, including a case where a Thai citizen was married to a dual U.S. / U.K. citizen. She was denied a B visa. So she got a UK visa. Used it. Returned to a Thailand and applied again and got a B visa. If it works for UK, it would have worked better for Canada (51st state) And she has the extra strike of having applied for a K-1. She has a record of immigrant intent to the U.S. and other highly developed countries.

As I wrote, because she has already shown immigration intent to a highly developed country of which that her spouse is a citizen. If the U.S. government thought Canadian PRs were a low risk of over stay it would grant a visa waiver or visa exemption to them.

Wow. I was skeptical but I went through https://www.iatatravelcentre.com/MX-Mexico-passport-visa-health-travel-document-requirements.htm for a citizen of Burma and you are correct. I get the same message you get. When I use Delta that is. When I switch to American Airlines I get: “Yes, the documentation you hold is sufficient based on your details and the itinerary provided. ” So just for completeness, because Canada explicitly allows extension letters, for both Delta and American Airlines I get “Yes, the documentation you hold is sufficient based on your details and the itinerary provided. ” The conclusion is clear: LPRs with extension letters must NOT fly Delta Airlines to Mexico.

Since you’ve been living together since I-485 i don’t think they are valuable

Cool. Documentation of that might be needed.

That she bore your son while she was married to someone else is a new wrinkle. Pregnancies last nearly a year. So if I am the ISO examining your case: * 2008 - you enter the USA.on your F-1 * 2008 you meet the woman who is now your wife and start a relationship with her. While she is still married to someone else, she becomes pregnant and claims you are the father (and presumably her spouse concurs regarding the paternity) * 2009 she gives birth to your child * 2011 her divorce concludes * 2012 you marry her and file to adjust status The ISO is possibly considering two things: * the plausibility that in a matter of months after entering the U.S. you meet someone you didn’t know before, start a serous relationship, and get her pregnant while she is still married to someone else. Versus the plausibility that instead you knew her from before (perhaps online). If the latter then you had immigration intent when you entered the USA on your F-1 visa. To be clear I am not making this accusation; I am trying to give you answers you sought when you created this topic. But ask yourself: which scenario is more plausible to an ISO that doesn’t know you? * you had a son out of wedlock. During the years you were not married to your son’s mother were you providing financial support to your son? This is a specific consideration for N-400. Your lawyer should have considered all this and thus you should not have been blind sided.

Who is the mother of your son?

So I suspect the scrutiny on your case comes down to: * inconsistency in your representation of when you got married. In this thread you’ve said you were married in 2010 and in 2012 * If you were married in 2010, given her divorce was final in 2011, then suffice to say you’ve a tough problem * even if the above two issues can be resolved in your favor, the proximity of the divorce to your marriage might be raising concerns given your authorized stay on your F-1 was about to run out I suggest you tighten up your grasp of all the relevant dates and rehearse. Then have a solid story about end of your wife’s previous marriage and went your relationship started with her.

Congrats. Your N-400 is done. Your I-751 evidence looks superb. After 120 days, you can start a chain of escalation (care inquiry, USCIS ombudsman, Congress, law suit) Start looking at lawyers listed on aila.org who have good reviews on Yelp and Google maps so that if it comes to that, you can file the triple lawsuit (mandamus, APA, de novo). I don’t think it will come to that but it will give you something to do.

Oh and this is a lie: https://www.dhs.gov/news/2022/12/05/dhs-announces-extension-real-id-full-enforcement-deadline “All 50 U.S. states, the District of Columbia, and four of five U.S. territories covered by the REAL ID Act and related regulations are issuing REAL ID-compliant driver’s licenses and identification cards.” Washington state does not issue REAL ID to aliens with authorized presence in the USA. This includes LPRs with valid green cards, in using valid 10 year green cards. Washington State does issue Enhanced ID which is basically a state issued U.S. passport card. REAL ID just needs to die