SteveInBostonI130

I do not think that matters at all, unless your discharge is related to an arrest or conviction.

For ROC, you want proof of a genuine relationship since your wife became a US permanent resident. If you are filing the ROC now, I assume she has been a resident since 2023. You do not need to submit 2022 tax returns.

For AOS the Final Action Dates table is relevant.

I second the above suggestion of going the spousal visa route. The assault charge may trigger your file to be sent to Vermont, which would add a year or so to your process time.

3 yr

We filed my wife's N400 online and didn't upload any photos. Just tax returns, joint bank account and other evidence of us cohabitating. At the interview, the CO asked for a recent photo of us together. I showed a selfie of me and my wife on vacation and that was all he needed. It seemed he was checking off boxes off a list on his screen - check ID, check greencard, check passport, check address, check photo, etc.

Those are not qualification absolutes. The consular officer has the discretion to determine if you qualify or not. Also, as this is the Philippines, they have experience with situations like yours (retired petitioner) and have their own guidelines. In the end, it is your case and up to you on how to handle it. You can contact your congressman, get an attorney, make significant financial decisions, etc. Or follow the directions on the 221g, which is typically to get a joint sponsor. One of these paths is faster and cheaper.

My wife's N400 interview letter did not have me listed. We both went to the appointment. There were no issues of me getting in the Federal building and then into the USCIS offices. There were many couples there, and I noticed that most only had the interviewee called by their agent. For us, the agent told both of us to follow him to his office. You may be confusing the interview with Biometrics. We both went to my wife's biometrics appointment but only my wife was allowed to enter. I just went back to the car and listened to sports radio.

Is your husband authorized to stay in the US by some other means (not through marriage to you)? If he came to the US on a visitor's visa in Jan 2022, his legal status has expired. He cannot adjust status through you because overstays are not forgiven for F2A. If this is your situation, you should consult with an immigration attorney.

You want to petition your mom to immigrate only to be a babysitter for you?

This is confusing. I will assume that you meant your husband was an LPR and petitioned you as F2A. If that is correct, your first GC would be for 10 years. Edit, your first GC should have been 2 years. This is the first time I saw a situation of someone entering in less than 2yrs of marriage on F2A.

The most important question is are you planning to move permanently to the US? Typically the driving factor for the spouse visa is that the couple/family plan to live the US. Then if they somehow not get the visa, they make new plans as appropriate. It is unusual to "see if the IR1 is approved" and then decide to move.

There are a lot of red flags in your case. 1) Why is your profile country Burkina Faso when you stated you married your second wife in your home country (India)? 2) You refer to your first wife as "my wife" when you moved on from that relationship, married someone else, had children, set up a life in the UK, and gained UK citizenship. In most cases people would refer to the person as "my first wife" rather than a more familial "my wife". 3) What happened to your first wife in the years since she was going to divorce you? Did she re-marry? Did she have a family with someone else? It seems you only kept up your relationship with your first wife until your attempts at immigration through her failed. And now when you see a possible chance you can immigrate through her, you are all about her being "my wife". 4) Your first wife didn't want a long distance relationship, didn't want to move to be with you, and wanted to divorce you. You had zero cares for this as exemplified by not following up with her on the divorce process, not inquiring about the divorce papers for you to sign, and not wondering why you didn't get a divorce certificate. You didn't even confirm with her your marriage/divorce status when you met your second wife and wanted to marry her. You just went and did it. But now you are a caring husband to your first wife and want to "help her as much as I can"? 5) As another VJ member stated, your original post declared that you preferred to pursue an immigration visa. Your above post about helping your wife as much as you can seems to be a manufactured justification for trying to get a visa for someone you really do not know anymore. 6) What does your current family think about this? Your children? Do they not need your help and support? Do you not share custody?

If you have not filed for AOS and EAD you are not allowed to work unless you have a work visa or status, such as H1b. You living apart from your wife to work is an issue.

No. AP cannot be expedited. Pakistan does not accept police clearance certificates because they are unreliable. They have an agency to perform the background check on your spouse. A WoM can lead to denial if it forces them to make a decision before the background checks are complete.