OldUser

What evidence would they have? You never had to file I-751. You may be asked to prove after you entered the US the marriage was legitimate. E.g. that you didn't marry for immigration benefit and left spouse after receiving GC. Evidence such as: - Lease showing both names - Joint bank accounts - Bills in both names - Photos together - Joint health insurance - Joint car insurance - Affidavits from people who knew you as a couple Essentially, some evidence that you lived as a married couple at least for some time... This may never come up during interview. Or it can be the most important issue discussed during interview. You need to be ready for it.

Generally, when applying under 5 year rule, marriage isn't as important as when applying under 3 year rule. However, entire immigration history will be reviewed. You may get questions about marriage and circumstances leading to divorce in the interview. In this case you need to be prepared to explain everything and demonstrate some evidence of bonafide relationship. If I was you, given short time together after entering the US, I'd file a case with a lawyer and go to interview with a lawyer. Here's my experience going with a lawyer (my case was simple and I am married): https://www.visajourney.com/forums/topic/826904-n-400-december-2024-filers/page/14/#findComment-11052877 You can see how lawyer helped keeping interview focused. Your case is approvable. But you need to be ready for everything.

Yes, you can file for both. Of course, each of them would require their own set of forms (I-130, I-130A for spouse, I-485, I-131, I-765, I-693, I-864) Are you able to support them both financially? (I-864)

MyProgress doesn't mean much. Just ignore it and your life quality will improve significantly. MyProgress tab missing means there's IT outage... It's a badly written unstable software which doesn't do much other than confusing people.

No 100% way to know if advance, but if you pay a real immigration lawyer, they can analyze your case, see evidence you provide for N-648 and tell you the chances of approval or denial or how to get more evidence.

You can find lawyers here: https://www.ailalawyer.com/ These are real immigration lawyers, members of American Immigration Lawyers Association. Some of them do consults. I never regretted hiring a lawyer to handle my case and represent me at the interview. My case was simple and straightforward. Here are the details:

No, primary residence cannot be used as an asset for I-864

I don't think these should be listed. At the same time, I'm not a lawyer.

To not use this website. This is not an official website by USCIS as far as I know.

No, they're just contractors performing some work for USCIS. Here you can report nondelivery of notice: https://egov.uscis.gov/e-request/ndn I'd give a few weeks before doing it though. Notices and letters can take 4-8 weeks to get delivered.

IMHO the last step is the most complicated and important. Don't be fooled by seemingly easy procedure. This is the last chance for USCIS to review entire history, deny N-400 and even revoke GC granted earlier if needed. As one lawyer says, it's their last real chance of putting somebody in deportation. I saw it with my own eyes. A very simple straightforward interview could have turned into a mess if I was too nervous or said something incorrectly. Agree on this one.

Yes, this is normal. Tomorrow it can show 5 months and day after tomorrow, 8 months. It's just a random number. On day of my oath MyProgress showed 3 weeks until decision. It cannot be trusted. I'd just ignore it.

Yes, should receive both. Typically, receipt comes first. But maybe USPS delayed delivery of the letter. When did you receive biometrics letter?

Agreed, OP's plan to leave right now after prior history is Russian rulette.

Sometimes officers don't update case status. Online status doesn't always reflect true state of things.

You were out of the US for 4 years. You were questioned by CBP for 2+ hours when other, much softer administration was in office. You're almost asking for NTA by leaving again, pretty soon after reentry. The best advice you were given is to stay in the US until you naturalize. It's even more valuable piece of advice in these difficult times. If I was let back in after 4 year absence, I'd be the luckiest person in the world and lay low until I become a citizen. At N-400 interview, even without additional trips, you still may be asked about that 4 year absence.

This means pausing his mom's naturalization though. And who knows what would happen to fees and processes in 2 years from now. If his mom naturalizes now, he'd be a citizen without a question. You don't have to apply for N-600 immediately. He can get his passport first. But N-600 is ultimate proof of citizenship, and better be done sooner than later. The more time passes, the more difficult it becomes to prove his citizenship. Here's example why N-600 is highly recommended: TLDR: he may be required to prove he's a US citizen at any point in future. Maybe long after you and your wife are gone. Proving with certificate of citizenship is 1000 times easier than trying to find all evidence of his mom becoming a citizen after many years...

Yes, there are risks associated with your prior extended time outside the US. You're exactly the perfect candidate for further scrutiny by CBP upon entry.

If your wife naturalizes before her son is 18, he will become a US citizen by operation of law. He wouldn't file N-400, but rather N-600 for certificate of citizenship. He cannot apply for N-400 now. If he is over 18 when his mother naturalizes, he'd have to file his own N-400.

Already discussed in

USCIS can certainly contact employers. Also, they can ask this question at the interview while you're under oath. If they have a slightest doubt about I-864, they'll request joint sponsor.

Situation is different on CBP enforcement now compared to January

Age alone isn't sufficient. For example: "Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception)" Given they had GCs for only 6 years, they don't qualify for this.

These are not hard rules. If CBP suspects she abandoned her residency in the US or never established it, I-407 can be proposed to be signed to even if she was out for less than a year. Also, for naturalization, she reset her clock pretty much and has to wait 3 or 5 years once she returns to apply for N-400

Sufficient