Demise

Nope. Unless you snuck out of the country they'll know when you entered, when you expired, and when you left. Even if you did that and somehow there's no record of your departure, they'll just put the burden of proof on you to prove when you left.

I mean it all depends on your specific circumstances. Like why did you fall out of status (ideally due to no fault of your own) and whatever you have to return to in your country of origin, like family, house, job lined up after you graduate, that sort of thing. Well, stay not really since you'd still be out of status and could be deported. It's a fuzzy thing since there's being in US illegally and then there's the whole thing of accruing unlawful presence where 180 days trigger a 3 year ban and over a year triggers a 10 year ban. Only thing you got lucky on by happening to overstay an F-1 rather than any other visa is that those are not applicable to you since due a quirk of regulations you never accrued any unlawful presence despite being in US illegaly, so you didn't get outright banned but you will still have an uphill battle to convince a consular officer that you will come to US, do your studies, and leave on time.

Unlawful presence doesn't start ticking for D/S admission until either: 1. USCIS makes a formal finding of being out of status while seeking some other benefit (e.g. denies AOS) 2. IJ enters a removal order Then it starts ticking from the following day, so even if there's a formal finding, that finding is not retroactive giving one plenty of time to leave before a re-entry ban would become a problem (though in removal proceedings one should probably seek VD to avoid the bar associated with getting deported). There was a period of time in 2018-2020 when the policy was that it starts counting from when one is out of status (i.e. when one drops out or the date on I-20 or DS-2019 has lapsed), however that was enjoined and later vacated and USCIS returned to a prior 2008 policy, so currently this memo is controlling: https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF. This part (status violation / unlawful presence inadmissibility) wasn't migrated into the policy manual yet so old AFM remains controlling: https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm40-external.pdf (page 79). DOS's FAM has a similar section but digging through that is a pain. So, OP isn't inadmissible for unlawful presence regardless of how long they've been out of status, but getting another F-1 after an overstay likely won't fly since it is not a dual-intent visa, and in general any prior status violations make getting any non-dual-intent visas exceptionally difficult since you have to prove that you won't just overstay again.

This is one of those fuzzy questions because as you noted every country has their own immigration system and may or may not have a similar status to that of a permanent resident and may have different qualifications for naturalization. That being said, I think that living there for a number of years where you successfully renewed multiple times (and likely can just keep renewing forever), are leasing a place to live, and had a kid who's a citizen of Barbados, are all good arguments to bring up when asking for the transfer. Ultimately it is up to the NVC and the consulate in question whether or not to take your case. So all in all, you should ask (this is one of those situations where the worst they can do is say no), give them proof that you've live and have lived there legally for a while, some print out of how the visa policy works, proof that kid is a local citizen, proof that you're renting a place, and otherwise just living there indefinitely as whatever visitors you are. Then just hope for the best but do prepare for having to take a trip to Lagos for your husband's IR1 visa.

Not applicable in this case. You can submit the I-864 or you can submit I-864EZ if all of these are true: You are the petitioner, your income is documented on a W-2, only 1 person is immigrating on the basis of the petition. You only need to submit one of these. Now, I hadn't worked with the DOS visa portal thing in many years. If it gives you an option to delete the entry for the I-864EZ then yeah delete it. If it doesn't let you get rid of it or submit without it then just put your I-864 in there too just so you can continue.

No, this was for the specific scenario J2020 asked about. They're doing immigrant visa processing (left US, filed I-360 from abroad, were approved while abroad, do DS-260 rather than I-485, get an IB1 visa, come back to US). In this case the resident since date is when they return to US on the IB1 immigrant visa. For those of us who are/did I-485 in US the resident since date is the date the I-485 is approved. There are some uncommon scenarios where the resident since date is backdated but none of them apply for VAWA cases. So no, nobody doing VAWA can have it backdated to some other date in the past.

So - strictly speaking nothing prevents you from using his income for the I-864 provided that he's authorized to work in the US (and the AOS based EAD would count there). The biggest issue is just how AOS packets are processed: These will normally go through some sort of first review where the service center will look at the documents submitted and check off the boxes (proof of marriage, proof of your citizenship, proof of his admission, proof of his identity, his birth certificate, are the forms filled out correctly, do you make enough to satisfy the I-864, etc). That's generally the point where they'll approve the EAD (and AP if applied for) and forward the I-130/I-485 to the field office for further processing or RFE/NOID it if something's missing. So the issue lays right above in the bolded part. If it passes through this first review and his EAD is approved and he's working by the time the interview rolls around then yeah sure you can use his income. So all in all, you'll need to be working at the time you file for his AOS, but can instead rely on his own income by the time it gets to the interview. Also, you should check if your employer offers short or long term disability, it does beat FMLA since you can get paid during it.

From the day you enter the US. That'll also be your resident since date on your green card.

Neither. The visa is valid for the first entry until the expiration date printed on it (so if it says lets say Expiration Date: 2/12/2025 you have to enter US on the immigrant visa on or before 2/12/25). Your green card will be issued for 10 years. LPR status doesn't expire. After the first entry they'll stamp it and the now used immigrant visa + endorsement stamp is a temporary 1 year proof of LPR status. During that year you can use the stamped immigrant visa in place of a green card for stuff like getting a SSN, working, international travel, etc. This is just gap coverage so you have proof that you're an LPR between entry and when your physical green card is printed and mailed to you.

1. Yeah it remains valid. Nothing prevents you from holding multiple EAD categories at the same time. 2. Probably a few weeks for it to work its way out of VSC into NBC and then to the field office. 3. Depends. VAWA cases tend to get waived interviews though it depends, for example if you entered without inspection they will most likely interview you.

USCIS will forward the remainder of the I-360 for your kid(s) to the NVC, which will then forward it to whichever consulate that has jurisdiction. Then they'll contact you regarding paying for the DS-260 and submitting the documents (which will be stuff like proof of relation (consulate might insist on DNA testing if you're from a high fraud country), medical exam, I-864W). So you'll pay for those, file the DS-260s for your kids (or they can file if they're adults by now), and they'll get their consular interview, attend (you should go there if they're minors), get their immigrant visas, then you'll pay the immigrant fee (which is what you pay USCIS to print the green cards) and bring them over to the US. They'll be LPRs as soon as they enter. You might want to break this question off into its own thread somewhere in the NVC or Bringing families of LPRs to America sections. Most of us here hadn't had to deal with this so most of us don't have first hand experiences. FTJ is pretty much the same regardless of category, literally the only difference between FTJ on a VAWA I-360 vs an I-130 or I-140 or I-526 is that you just need to attach an I-864W.

Personally I'd leave filing with the court as a plan B if you somehow can't get a termination, I just find it a more of a pain since you have to keep court dates and you are in removal proceedings so if the court denies your AOS for some reason you will likely need to do some other finagling (cancellation of removal, get another administrative closure for an I-601A). If USCIS denies you then well, you can get a de novo review at the court if they place you in removal proceedings again. Now there are some cases where you have to file with the court: e.g. you end up in removal proceedings as an LPR and seek AOS (and possibly some waivers), yeah USCIS doesn't let you re-adjust, courts do. Or you have something like a permanent bar where the only thing that can jump over it is cancellation of removal. I doubt any apply here. So honestly, just seek a termination - if you get it file with USCIS, if you don't then file with the court.

Yeah the lawyer was more just for moral support. For my naturalization I'll bring an emotional support clown. At least it'll be cheaper.

Eh just for the record. After hearing cricklets for too long from the NYC OPLA I filed a motion to recalendar and change venue to Minnesota. Then in Minnesota I filed a motion to terminate. Why, Coronado Acevedo happened midway through. Originally the plan was to just file I-485 with the court because I was tired of waiting. Then the MN OPLA called me and asked to instead just do an unopposed motion to dismiss. Same thing ultimately, removal proceedings go away so I obliged. Then again nothing, turns out that a FOIA I filed somehow stalled the entire case. Withdrew the FOIA; asked my senator to check with the IC in NYC, then it finally moved to MN, got a hearing date, and I refiled the unopposed motion to dismiss, then that was approved and proceedings went poof. The scheduled master hearing got canceled. It never got to a hearing.

I wouldn't try the AP while in removal proceedings. The outcomes have been iffy at times. Now you don't have a removal order but why risk it, you came legally, AP won't improve the case in any way, only thing that does is clear a prior EWI if you marry a citizen. It's risk for no reward. You tried to ask OPLA to join a motion, since they didn't respond it's time to just go around them. Personally I'd wait for the I-130 to be approved first though, makes getting a termination much easier. Matter of Coronado Acevedo (A.G. 2022) returned the power to terminate removal proceedings back to Immigration Judges and the BIA. So instead of asking OPLA to please kindly join your motion just have your lawyer file a "Motion to recalendar and terminate without prejudice". Do cite Coronado Acevedo in it as BIA having the power to terminate once again, have the lawyer list the facts of the case: You have a pending I-130. (attach proof as exhibit, again, best to wait for approval on this first). You have entered US legally (attach proof as exhibit). You are prima facie eligible for adjustment of status and will file I-485 with USCIS as soon as these proceedings are terminated. You tried to contact OPLA for a joint termination/dismissal however they failed to respond. You are seeking a termination without prejudice, if you are found inadmissible, the government may file a new NTA against you. Then just have the lawyer file the motion with the BIA and serve a copy onto OPLA. Once again OPLA might: 1. Do nothing. 2. Not oppose. 3. Oppose. If they do 1 or 2, then BIA will likely just grant it. If they do 3 then it it's up to the BIA what to do here. 95% chance they'll just do it. In the 5% that they deny it, then file a Motion to Recalendar and Remand, and once the case is back at the local court file I-485 with the court.

I guess it depends on the state law. Like in many states a bigamous marriage is legally void, can you get divorced if you were never married in the first place?

Honestly, to play it safe I'd just file for divorce. Annulment based on bigamy should be fine, annulment based on any other factors likely would not. Same link: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

Well, only Sandra can answer what she meant however the 3 year VAWA naturalization remains open to divorced and widowed spouses. It is a bit more complicated regarding annulment since we can definitely debate if someone with a legally void marriage due to bigamy of the USC spouse who adjusted via VAWA got their status as a "spouse of a US Citizen". However in the policy manual (see above) USCIS has extended the eligibility upon intended spouses as well.

I wholeheartedly disagree with Sandra here. Applying Matter of Samedi to bigamous VAWA cases would lead to complete nonsense. Flip over to Volume 12, Part G, Chapter 3, F, 1: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 In particular: "The amendments added that any person who obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected him or her to battery or extreme cruelty may naturalize under this provision." (emphasis added) Intended spouse is defined in Ina 101(a)(50): "(50) The term "intended spouse" means any alien who meets the criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB), 1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this title." The bolded one (which is actually INA 204(a)(1)(A)(iii)(II)(aa)(BB), that's part of VAWA self-petitions, same statute you got your green card under) is applicable for our purposes: "(BB) who believed that he or she had married a citizen of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States". This might differ depending on state law, but generally in US a bigamous marriage is void from the very beginning with annulment order just setting the record straight. So annulled for bigamy should be perfectly fine as long as the other parts of the bona fides apply (you believed you were the spouse, you lived as spouses, etc). Annulled for other reasons (i.e. you walked out of the courthouse and went your separate ways) would not.

@Family I wonder if asking for a reconsideration or a de novo review on the I-485 as a part of the response is something worth doing. USCIS has undoubtedly screwed up here, Policy Manual Volume 7, Part M, Chapter 2, Footnote 2 states: "Because USCIS’ practice and policy has varied with regard to whether the 1 year of physical presence was required at the time of filing or at the time of adjudication of the application, USCIS considers an asylee who was adjusted to lawful permanent residence despite not having accrued 1 year of physical presence at the time of filing their application for adjustment to have been lawfully admitted for permanent residence if the applicant had accrued 1 year of physical presence by the time of adjudication and the admission was otherwise lawful." Basically request the following: Vacate the too early approval of I-485 due to USCIS error. Re-approve the application as of the first day permissible by law (date asylum granted + 1 year). Issue a new permanent resident card with a correct resident since date (I-485 approval date - 1 year, asylees granted AOS are backdated 1 year). Drop the rescission proceedings. Best case scenario, USCIS sees reason and fixes their error. Now, I am not super versed in how rescission proceedings look like because they're rare. Normally one's prior status would've lapsed or one has violated it by doing the things an LPR can do (and whatever prior status can't) and there's nothing to fall back onto or the issues rely to something that would make one removeable or it'd been more than 5 years since AOS, so USCIS would just skip to removal proceedings instead. That being said, I see no reason why an IJ couldn't review an I-485 de novo in a rescission hearing and just approve it and end the case there.

8ish months from cursory look at the processing times. Varies by field office. https://egov.uscis.gov/processing-times/

Not a factor. Back in the day that might've been a factor where USCIS wanted you to be divorced and if you are divorced then you initiated it. That's no longer a factor or a requirement. When it I filed my I-485 I was still technically married. My ex was the one to file for divorce (which I just defaulted on) and the divorce order was entered like 2 weeks before my interview date. I'd recommend getting a different lawyer honestly. Only things they really need to do is give you a prep and tell you what to say to the more difficult questions and interject if you screw up or the officer is giving you a hard time. Naturalize first and then marry and file. Why? Few reasons: 1. While a remarriage should not be a factor for VAWA naturalization, some members here have reported USCIS giving them issues to naturalize under the VAWA 3 year provision when they remarried. Don't remember who but I do remember one or two who did report it. 2. F2A is currently backlogged about 3 years. 3. I-130 filed for spouse by an LPR who got their permanent residency via marriage to a US citizen or LPR (that includes VAWA self-petitions) cannot be approved unless one of the following applies: a. You can prove by "clear and convincing evidence" (i.e. 75% certainty) that your previous marriage wasn't entered solely for immigration benefits (normal standard is "preponderance of evidence" i.e. 51%), or; b. Your previous marriage was terminated by death of you ex. c. You've been an LPR for at least 5 years. d. You've naturalized. So take your green card, look at the resident since date, add 3 years, subtract like 85 days, and that's the day when you should file N-400. Then naturalize, marry your fiance, and petition for him/her. Doing so you skip over all 3 issues: 1. You're not remarried yet so the question of remarriage vs VAWA naturalization does not apply. 2. Immediate relative category is not subject to any numerical limitations, so you can file I-130/I-130A/I-485/I-765/I-131/I-864/I-693 immediately. 3. You've naturalized so the 5 year waiting period no longer applies either.

Considering that N-400 is one of the few things where you need to be domiciled in whichever state you file from for at least 3 months right now it all depends what you plan to do. If you plan to stay in TX for the foreseeable future - file with the TX address and just naturalize in TX and then you're free to move wherever. If you are going to move to FL (or any other state in the next couple of months) then move to that state, wait 3 months, and file then. Filing and moving will likely just get your N-400 denied. Yeah it's annoying but if you want to file N-400 you both need to live in said state for at least 3 months and stay there until you naturalize. Sadly the 90 day early filing option applies solely to time as an LPR (3 years if married to a USC or VAWA, 5 years otherwise), it doesn't apply to the domiciled in state or USCIS district requirement.

1. Looks like you haven't received your permanent residency yet, so yes. 2/3/4. Depends on what you do exactly because you've got a few options: Option 1 - You can file I-485, adjust in US, then file I-824 to forward the remainder of the petition the NVC which will then pass it to the consulate that will handle her immigrant visa; Option 2 - If you're on H, L, or O visa, then she could apply as a derivative on your current non-immigrant visa, and adjust together (I-485) with you. This is not available on other visas (e.g. E, F, J, TN, etc) since coming on those with intent to adjust is basically immigration fraud. Option 3 - Last option would be to file I-824 for USCIS to forward the entire application to the NVC, which would handle both yours and your wife's immigrant visas. Regarding the timings, I simply don't know. So just ask yourself what's most important for you. If it's getting you both green cards ASAP and you're on H, L, or O visa - go with option 2. If it's getting your own green card ASAP and your wife still has studies to wrap up and her arrival isn't too time critical - go with option 1. If it's getting her green card at the cost of getting a bit delayed yourself - go with option 3. If you were born in a backlogged country (i.e. China or India) and your wife wasn't and you want to use her country of birth - option 2 or 3. Looks like it's just the I-140 that was approved, no IV or AOS yet.

If you really want to go that route then ask your congress(wo)man or senator to inquire on your behalf. VAWA privacy protections are what they are and the rank and file employees (Tier 1 and Tier 2 at the call center, whoever does infopass, and whoever handles ordinary requests) literally can't see anything about your application. Now, you can in theory write to the VAWA team at VSC, but in all reality that place is a black hole, I've sent them an AR-11 and a letter explaining that I moved, this address is my safe mailing address, and to please re-send my I-360 approval notice and C31 EAD, wasn't until I asked my senator to ask them what's up where they finally found my letter and sent me my stuff. So yeah, in theory they are meant to protect you, in all reality this is why "ask senator/congress(wo)man to ask USCIS" has become standard operating procedure here. USCIS has to respond to congress. I doubt they'd deny you since it's something out of your control. You go to a doctor and they give you the I-693 you should be able to accept the doctor's findings, similarly USCIS internal instructions say to accept the doctor's findings unless there's really glaring issues. Worst case scenario they'll likely re-RFE or NOID you to get the updated shots. That being said, when I looked over my I-693 after submitting it I found some issues like some of the blanket waiver boxes not being checked (for example: I somehow got to this point without ever being vaccinated for chickenpox nor having gone through it, at the time there was only time for one dose, so take that dose, tick insufficient time interval). USCIS took them without any issue, though in my case all of my shots were up to date as much as they could be. If you are completely paranoid - get the updated vaccine, get a new I-693, and send that in, include a letter explaining why you're sending in a second one and a copy of the RFE if you have it. Also, if you are as cynical as I am - USCIS has no financial incentive in denying here. As of the last fee schedule changes I-485/I-765/I-131 for VAWAs are free.