OldUser

Rejection is mostly in your control. Petitions get rejected when you don't provide enough evidence, if you use incorrect forms or include incorrect payment. Denial is different, and not everything is in your control. Chances of denial are relatively low as long as you can prove relationship is genuine. K-1 overall takes longer (if you count until GC is in hand) and is more expensive route.

So hence my question why get evaluated under both points (good faith marriage and abuse) VS just proving good faith marriage. I guess the only good reason is to naturalize faster. Does it apply for both prior holders of I-360 and those who removed conditions with abuse waiver?

Applying for N-400 under this provision may result in reevaluation of entire history of abuse. I wouldn't take it unless had some serious reason to naturalize faster. I'd recommend anybody in toxic relationship to divorce ASAP. Bad spouse can always open new loans in both names, do other harm due to being married. There's no reason to be married to abuser really.

Pretty good explanation from lawyer who sees many immigration cases: At 56:40

I understand going abuse route to adjust and obtain GC as there's no other way to adjust. If you still have to provide good faith marriage, why choose an abuse route for ROC? Why give extra point USCIS can scrutinize the case over? Of course, you don't have to go through most abuse in the world to abuse waiver case approved. But there is word "extreme" in it for a reason, and it's open for interpretation. For example, I wouldn't say name calling is extreme abuse, though it's abuse. I wouldn't say cutting access to finances is extreme abuse, though it's abuse. I wouldn't say most of controlling behavior is extreme abuse, though it's abuse. I would classify the following things as clearly extreme abuse: - Physical abuse / injuries - Mental abuse (constant life or other threats, constant public humiliation, exploiting preexisting mental trauma) - Pushing a person to commit suicide

As far as I know, black ink is recommended.

As explained by OP they may be away from the US for prolonged time next year. I'm not sure how appying for N-400 could help with that though. N-400 can take a year easily, especially with new administration. So if OP is away, they won't be able to naturalize anyway.

The name on document should be your wife's name. This is not normal. I'd try to correct it. Every person including minors should have their advance parole to travel internationally during AOS.

You can give it a go. We're only warning you to get you prepared for the interview. Worst case you can reapply in the future.

There's no VAWA when it comes to I-751. It's neither in instructions, nor on form. There's: - Joint filing - Individual filing with following waivers: - spouse is deceased - good faith marriage (divorce waiver) - batterry and extreme cruelty (this is not VAWA. VAWA is applicable to AOS, but not ROC). - extreme hardship Unless there's a lot of documented extreme abuse, the easiest path is divorce waiver path. Abuse can be mentioned in cover letter and explain why marriage didn't work out.

Because the purpose of LPR is to permanently and officially live in the US. You used your GC like a visitor visa for the first few years of having it. If you want to somebody to say "yes, go ahead and apply" - you got it from me. Just know N-400 may be denied.

Typically 4-6 weeks max. Earlier this year notices took as long as 8-10 weeks.

Given it takes 15 months for I-130s, you'll likely hear something in March - May 2025.

Wherever you were a tax resident and held driver's license / state ID. Wherever you registered to vote and spent most of time.

You're saying yourself in 2020-2021 you haven't officially moved to the US. You need to be officially and in fact living in the US to use this time for naturalization.

You'll have to provide list of all trips outside the US in the last 5 years. That's how your residency in 2020-2022 may get questioned. Essentially, you didn't have strong ties to the US in those years.

USCIS can conclude you started to reside in the US in 2022. Did you have a lease since 2020? Did you have a job in the US since 2020? If yes, then I'm taking my words back and you should apply right away.

Unless he spends over a year overseas

Updated marital evidence (joint account bank statements, bills listing both names, lease in both names, insurance policies in both names etc). All IDs and cards issued by USCIS and all passports, whether valid or expired. Also, would help to have spouse coming with you as you're filing based in marriage. Good luck!

This is a very difficult question. Immigration wise, if he's no longer employed with E-2 sponsor employer, he has no legal status to be present in the US. I also not sure if he can get SSI as a non-resident alien. Most likely, not.

Things are changing, and even 3-6 months was more of an exception than rule

He may be, but the question is whether she is prepared to support... Otherwise OP may ask in few months whether adjusting under VAWA is a viable option. OP: expect a difficult interview under new administration. Your case has some red flags in it. The proper way is to leave the US on time, develop relationship, visit each other few more times, and eventually marry and have US citizen sponsor you for GC via CR-1 visa.

You definitely need to attach medical exam results in sealed envelope with I-485 filing. There's new rule saying packet will be rejected if you don't submit I-693. Medicals are good for 2 years but I'm sure you sent sealed medical with previous I-485? So you can ask civil surgeon whether he can produce another one of those envelopes, but I'm pretty sure they'd want to charge you for full medical again.

^ this Officer has discretion whether to accept proof of incomr for 1 year or if doubt, request all 3 years. Qualifying Joint Sponsor seems the way to go to ensure I-485 is approved.