Mike E

No The high percentage bet is N-400 as most Indy N-400 filers can attest. She can file both N-400 and I-131 today. Considering you will be living in Japan for a couple years, the fees are just noise compared to the cost of living there. The re-entry permit will not be approved by February 2024. She is flying home regardless.

Per post history, OP seems to be in Indy Per https://www.visajourney.com/timeline/citlist.php?op6=All&op7=Indianapolis+IN&op1=6&op2=&op4=1&op5=5%2C10%2C11&cfl= Indy is a “fairly quick office” An N-400 fee is more cost effeftive than a re-entry permit fee. No brainer. File N-400 today.

I now am not so sure he aged put given he did seek to acquire a visa before he was 21 (even without the CSPA bonus, he was under 21) while his category was current. While it did retrogress while NVC and the embassy sat on his visa application doing god knows what, my interpretation of what https://www.palacioslawfirm.com/practical-guide-child-status-protection-act-cspa-part-3/ is that he should not age out.

In some cases, depending on your employer and your assignment, she can naturalize while living abroad. See

No. These are not civil or criminal penalties like fines for speeding, and you do not need to report these on N-400. As long as you pay them on time it is fine. If you end on an IRS payment plan, this will not deny N-400, but it will slow down the process.

The rules are not similar at all IMHO. My daughter, born in the US, could have spent her entire life in Canada, barring the day she was born and the day her son was born, and my grandson will still not be born a Canadian. Whereas if her American husband naturalized as a Canadian before my grandson was born, my grandson would be Canadian. Under U.S. rules, if my grandson was not born in the U.S., he would be a U.S. citizen based on the 5+ years of physical presence of either parent. Canada used to have a physical presence option that for transmitting Canadian citizenship. It ended after Canada send a rescue ship to Lebanon to save a bunch of Canadians who had never set foot in Canada.

I am so happy for your family and you. What blessing that he can stay in U.S. now, indefinitely.

Let’s try this again: I truly fear for what will happen to you at an Indian port of entry when you use that invalid visa. You can do this https://indianvisaonline.gov.in/evisa/tvoa.html and have a visa in hand next week.

Unless mom naturalized to a Canadian citizen before kids were born. And I scratch my head at that one.

OP is a US citizen who does not have a foreign passport, and adults cannot hold Indian and non-Indian citizenship per the Indian constitution.

Yes Not a gray area imho

Based on the above, if the embassy continues to ignore you, proceed with your plan. Worst case, you are denied entry and have until Feb 14, 2024 to get a new visa. What a disgusting organization DoS is. By my count only 18 of 71 competent secretaries

1. When does the visa expire? 2. how many letters long is the petitioner’s surname? 3, which letter of the surname is wrong? First, second; third, …? 4. does the journey to the US go through Abu Dhabi?

You have answered your own question. e-visas are back right? If so, they are easy IME, and maybe on your next trip to India, you can fix your OCI problem

I agree to prepare for a combo interview but understand most ISOs who adjudicate N-400s are new and not trained on I-751. So i suggest submitting a letter requesting a combo interview or I-751 approval before the interview.

Hiring a lawyer to file WoM to get an ADIT is over kill. Doing a DIY WoM for $400 is not. In the past year USCIS has announced new processes for getting an ADIT. It is pretty clear that USCIS lied, again. Anyway, you’ve rejected the most effective tool. Thus, I’ve contributed all I can, and I don’t wish to argue or bicker, so I won’t post more in this thread.

Is her spouse a U.S. citizen?

No

I think you need to file I-865 within 30 days of deployment. But let’s move on … When your wife’s 90 day window for filing I-751 is reached, you can download the form, print the pages you are supposed to sign, sign those pages, and then scan the signed pages and email / e-message them to your wife. She then prints those.

What step children?

The birth record history has a different mother. If DHS or DoS learn about this, a DNA test is the least of problems to worry about. The bigger problem is DHS or DoS suspecting the daughters were adopted by the woman listed as the mother on the first birth certificates. If so, then adoption severs the parent / child relationship for purposes of U.S. immigration. The onus os then on mom to prove another woman did not adopt her daughters. 1. Are “step mom” and dad willing to sign an affidavit that they conspired to falsify birth certificates? 2. What evidence does mom have that she was powerless to prevent the false birth certificates. To point 2, the fact she was able to get the birth certificates fixed, suggests she was not powerless. So now she is in the position of proving she was not a participant in the conspiracy.

I think you are not understanding that where you sleep most of time matters? That link is about your spouse naturalizing. While I would think that if she wants to naturalize under section 319(b) of INA, you would want to make it clear you are living abroad for a 319(b) conforming employer, this is is not the topic of your OP. Unless you really mean naturalization and removal of conditions.

Did you work outside the U.S. on or after 01/29/2020?

No, once I-407 is received by USCIS, you are no longer an LPR, and if present in the U.S., your presence is unauthorized. In the future that could cost you an opportunity at ESTA and a B visa.

Since F2A was still current on December 14, 2022 and since the beneficiary sought to acquire the visa within 1 year of it being available, my understanding is legally she cannot age out, even though F2A has a 9 year wait now. See https://www.palacioslawfirm.com/practical-guide-child-status-protection-act-cspa-part-3/ to see if your interpretation matches mine. “Legally” does not mean DoS will not try to age her put or push her to F2B. DoS does act illegally at times. In polite company we say “makes a mistake some times”.