Mike E

I am shocked, shocked that it is delayed again.

Had she merely visited Canada and returned to Thailand, I would have given her a 100 percent chance of success getting a B visa. The reason is that despite being married to a Canadian citizen and thus having strong ties to Canada, she would have returned to Thailand. Since she has expressed immigration intent to: * USA (K-1 visa is a dual intent) * Another highly developed country that her spouse is citizen of (Canada) then being a Canadian PR harms her case more than it helps to get a B visa. Owning a home in Canada marginally helps her case but over all, her ties to he USA (through you) are stronger than her ties to Canada. Aren’t back logs for a B visa long too? I think the path of least resistance is for her to become a Canadian citizen. No visa, no ESTA.

Did you graduate?

Was this disclosed in I-485 and N-400? What year did she divorce?

Well now we understand your problem.

No. That will be needed for N-400. If you don’t have an original of the decree, use this time to get one.

I am confused. 1. Is this a joint petition or a waiver petition? 2. Are you still married to the spouse whom you were married to when you filed I-485? 3. Please complete your timeline. https://www.visajourney.com/timeline/profile.php?id=437180

I’ve seen RFEs reported her asking for evidence of joint property. So you would respond with the car title and an explanation as to why house is not jointly titled.

Don’t miss the deadline for I-751. Work on the new title after you file. This way if you get an RFE, you will have a new title dated before the date of the RFE.

Sadly dozens of news sources say yes.

Get good liability insurance. “For richer or poorer”. That’s what USCIS wants to see. A bonafide marital union accepts these risks.

I’ve been lurking. 1. It is troubling you’ve been entering as a tourist under your Canadian visa exemption instead of your green card. That’s not legal but afaik there is no civil penalty for that. Had you entered with your green card, your risks of getting an NTA (which are low as it is) would be even lower. 2. On the plus side, what you didn’t do was enter on your tourist visa exemption and then resume life as an LPR. That’s a credit to your good character 3. Do not enter on anything but your green card again. You are an LPR and you must conduct yourself as one. Someday CBP will get its feces together and start catching LPRs and citizens who do this and you don’t want to be among the first. 4. I would enter on the current green card and take your chances with the NTA. If you get the NTA, then lawyer up. I believe the lawyer will tell you that you can adjust status after your trial and I believe the lawyer will tell you that the charge can be dismissed if you you behave and if not you can file to adjust status. Meanwhile you will remain LPR. Which is why I think your chances of not getting an NTA are high because CBP knows you can do this. 5. File your taxes with the IRS.

I agree the above should be included. Relative to jointly titled liabilities and assets I agree it is weaker or rather not as strong evidence. However it is values or because this evidence shows that not only is the couple owning and paying tigger but they are being together. We did caption the photos exactly as you recommend. We made sure some of those were during a trips we had documented with plane tickets in each our names.

I mean: this is also not evidence of marital union.

yes. Do not explain. I did not add my wife to my deed of my house cause, well (1) it’s a lot of wealth (California Bay Area) to give to my spouse and (2) there are limits on how much a spouse can give to an alien spouse each year without triggering estate / gift tax law reporting We did not explain any of the above. I advise you to add his name to the title of the car. We filed I-751 in 2021 and were approved 12 months later. One car had joint title. The house remained in my name. For N-400 we have a new (replacement) house and it is joint title.

Or why not adjust after waiting 2 full years given marriage was in 2010 and the RoC filed 2012. IOW wait until the 2nd wedding anniversary to file I-485 and there is no need to file I-751. Yeah. I also have the pending question on where the petitioner was born and then would want to ask about previous marital histories of both.

When you are explaining you are losing. Do either of you own a car?

This is not evidence of marital union. Likewise.

As you can see from https://www.visajourney.com/timeline/citlist.php?op6=All&op7=Los+Angeles+CA&op1=6&op2=&op4=1&op5=5%2C10%2C11&cfl= historically same day oath is norm. However December 2022 has apparently been a bad month. You’d have to research those cases to see if the VJ member just has undated the timeline or if there is a new trend.

I used to believe this was pointless and instead thought it was better to wait for an RFE. However a q/a session from a USCIS ISO on Reddit this year changed my mind. See For an error such as that in your case, it cannot hurt to get ahead of this issue. Well worth the $10 in flat rate priority mail postage I think that is fine. I would not put the case number or A number on the outside of the envelope though.

Yes. Not all cases get same day oath. But it happens.

@highHopes I didn’t see an answer to this.

I see no reason why this issue should cause your naturalization to be denied. Your timeline says you entered the USA on the same day you filed I-485. If so, that's an issue, and as @OldUser says, your entire history will be reviewed. Was your spouse born in the U.S.? Did you know your spouse before you entered the U.S. on your F-1?

Did you disclose this on: Any F-1 visa renewal I-485 N-400 ?

This is unusual. I hope your lawyer will be attending with you Was this while you were an LPR? How many days were you absent from the USA in the past 5 years?