Mike E

1. He is still an LPR until he files I-407 or an immigration judge revokes his status. 2. Assuming be does not simply use his old green card which, if issued in the early 1980s, does not have an expiration date). to re-enter the U.S., legally he is free to visit the U.S. while his I-130 and IR-1 visa are pending. 3. What sort of crimes? Depending on the crimes, * USCIS might start removal proceedings against him once it becomes aware the crimes. * he is not eligible to become an LPR. Without knowing more, my suggestion is: A. check https://acis.eoir.justice.gov/en/ to see if there have been removal proceedings for him given his criminal record. B. If no proceedings, then he should enter the U.S. on his old GC. Before he files I-90 to renew his GC, or file N-400 to become a U.S. citizen, he should consult with an immigration attorney.

I would apply immediately and slow it down at NVC until the 18 month anniversary or when you want to move, which ever is later. She should not enter the U.S. on her immigration visa until after 2 years of marriage.

The family trip seems important to you. Do the trip, then file WoM.

IMO, sometimes a consulate wants I-864a from the sponsor’s spouse. If you included your 2022 W-2 with with I-864, that might prevent the RFE for I-864a.

That she is supporting you financially, and (assuming you are male), she is older are two things I’ve observed being issues. However given you plan to live with her for several years should mitigate any suspicion that this is a marriage of convenience. Take photos of the two of you together and when you file I-130, include 4-6 photos per 8.5 x 11 inch sheet of paper / PDF and no more that 20 photos. For a 3 year marriage, 6 per year will be plenty, or 1 photo for every 2 months of marriage.

If this lawyer was skewed toward the higher revenue generating option, then that lawyer would advise K-1. Literally a license to print money. Sadly, the people who can least afford K-1 tend to be the ones who pursue it. Then they arrive in the U.S. to face crippling: * higher U.S. cost of living * health insurance * I-485 package * I-751 * no way to work for a year As well as total dependence on the good graces of the petitioner. In the wrong hands, K-1 and K-2 are a licenses for trafficking humans. Your prospective lawyer might also be thinking about this.

Legally sure.

That is in general, but only because CBP generally chooses not to. It has the legal authority to do formal exit controls and IME it will at times. * On Saturday August 26, CBP was stopping at least a third of the cars entering Mexico from Nogales, AZ. It was a first for me to see it in person, though I have read about CBP sometimes doing it on land exits to Canada. * I have seen CBP post itself in jetways of flights departing U.S., “randomly” stopping passengers. Pro tip: count your money before flying from the U.S.

I believe it is legally possible. Practically, CBP might say no. What would you do then? Refuse to enter the U.S. on your EB-2s or enter on your EB-2s? Whereas, https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html#requireddocs says: When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas. USCIS Thus the principal and spouse derivative can enter first on EB-2, do the anniversary celebration (and stop at SSA to order SS cards, and the DMV too). The other derivative can enter later. Another consideration is if the principal EB-2 enters on ESTA and takes ill, the derivatives cannot enter on their own immigration visas. i see no practical reason to do what you are planning.

The wait will be forever if the potential petitioner never files. Whereas if the petitioner files, and if the election results in a change of party, I envision 100s of thousands of invitations by December 1, 2024, with the idea that the next President will be unable to shut the program down just as the previous president was unable to shut down DACA. As America’s greatest immigrant ever once said: “you miss 100 percent of the shots you do not take.”

I have never heard of sponsors being rejected because they owe the IRS. If the CO thinks your debt to the IRS is so onerous that your beneficiary is likely to be a public charge, the CO could reject your I-134.

He will not know until he tries

Per https://www.visajourney.com/timeline/citlist.php?op6=All&op7=Salt+Lake+City+UT&op1=6&op2=&op4=1&op5=5%2C10%2C11&cfl= no and no

All those Canadian software developers getting a TN-1 on a “computer systems analyst” role, which has not existed since the 1970s.

If it sets the oath date to say Nov 15 snd she asks to move it to Jan 15, no. if it sets the oath date to Jan 2, and she asks to move it to Jan 15, yes. They will give you a rough idea. In my wife’s case she was told 30 days. It was 24 days. Some FOs do same day or same week oaths as a typical practice, usually at the FO. Depending on the FO, zero percent or 90 percent.

Your wife needs to file I-130 You have not missed the boat yet. If a different party takes the white house in 2025, and she has not filed I-130, it is over for sure I-864 will not be required from you for decades. No.

Try entering this into a web search engine: get a U.S. phone number This will give you hits for apps that let you have a U.S. phone number on your non U.S. mobile phone.

Try to get a virtual U.S. phone number

She will rectify it at the interview. Name in visa needs to match name in passport needs to match name on birth certificate.

While the reasons for why biometrics are sometimes waived is apparently SSI (Security Sensitive Information), I surmise it means your biometrics are changing faster than most or USCIS has randomly selected you.

Every electronic AR-11 we filed last year (and we were filing them every 10 days last summer because we were homeless) got the email acknowledgment immediately and the email confirmation within two weeks. I believe that one reason AR-11s fail sometimes to take effect, is that the alien forgets what previous mailing address USCIS had on file. We kept it simple: * filed I-751 using a fixed mailing address * kept the same mailing address through each physical move

According to USCIS, spouses of U.S. citizens who are employed abroad by a 319(b) compliant employer can proceed directly to N-400 if they file N-400 before the roughly 21 month anniversary of the “resident since” date: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5#S-C A year ago, when N-400s were not a priority for USCIS, this was a useless provision. Now with 3 month adjudications being unremarkable, there is a strong incentive, for CR-1 couples to make a U turn. Note U.S. military is just one possible 319(b) employer. See https://www.visajourney.com/forums/topic/792869-naturalization-under-section-319b-american-firm-or-corporation/ for a non-military, non-U.S. government employer whose employee’s LPR wife got tired of reseting her 180 day clock 2-3 times a year with a trip to the U.S. 2. Conditional Residents Filing as the Spouse of a U.S. Citizen Employed Abroad A spouse of a U.S. citizen employed abroad based on authorized employment is not required to have any specific period of residence or physical presence in order to naturalize.[9] Consequently, a CPR spouse is not required to file the petition to remove conditions if the spouse files his or her naturalization application before he or she reaches the 90-day filing period to remove the conditions on residence.[10] A CPR spouse of a U.S. citizen employed abroad may naturalize without filing a petition to remove conditions if: The CPR spouse has been a CPR for less than 1 year and 9 months; and The CPR spouse does not reach the 90-day filing period for the petition to remove conditions prior to the final adjudication of his or her naturalization application or the time of the Oath of Allegiance.[11]

And 2023 isn’t covid and f2a was current until later in 2023. I will not give DoS a pass here.

2 years is a long enough wait. She needs to file a WoM.

Unlike my mailed in AR-11s every I-865 I sent got a reply by USPS. And each reply listed me, not my wife whom I filed I-864 for, as the beneficiary.