appleblossom

Yep, lawyer time. "USCIS presumes an applicant who claimed special tax exemptions as a "nonresident alien" has lost LPR status through abandonment." "An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States." https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5 Good luck.

Without knowing the reason for the NOIR nobody can tell you - please answer the questions in your other thread on the subject and then the good folks of VJ will be able to help you.

OK, and they didn't intend to stay when they entered this time? It's just that you were planning on petitioning them last year whilst they were in India and now you're applying when they're visiting the US. Just to confirm, they still have jobs/cars/a home/other obligations to go back to and you could prove that if needed?

@dualcanus, just noticed in a previous thread you said 'I have visited the US here and there in the past few years, but I haven't lived there since i was very little' and then you say above you've only got 1.5 years of cumulative visits since you left. So are you sure your children qualify for CBRA? Did you definitely spend more than 2 years in the US after the age of 14?

Ah, I see. That sounds good then, plenty of evidence of a bona fide relationship there. Best of luck.

Bank statements, SSN and voter correspondence don't prove physical presence, plenty of people live overseas and have those. Travel history works (you could do a FOIA request to try and get border crossing records), and the school records would too but how long is 'brief enrollment' and how long did you live in the US and at what ages? Could you get an affidavit from your parent confirming the dates you lived in the US as a child, maybe doctors records too?

Where are your parents now? You previously said they were in India?

Maybe it's the way it's written but this makes it sounds like you married without meeting. I'm sure that's not the case, but how much time did you spend together before you got married and how long before that did you meet?

Approx 2 years 3 months. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Good luck.

I’d push her interview back until you’re back living in the US. As Boiler asked, when will that be?

You couldn’t have done it from the states. If they’re doing May now and your DQ date is Sept, that’s 4 months or so to go, so March ish as a rough guide. The good news is that Montreal often sends out the DS-5535 ahead of the interview these days. Which means at least you know in advance if there are going to be extended AP checks, and also starts the process a couple of months earlier. There’s a long running thread in the Canada forum about it, you can find other Iranian born cases there to give you an idea. Best of luck.

For what? As @SalishSea has said, that makes no sense if your green card has definitely been approved. And if you were doing AoS then the Nairobi consulate shouldn't be relevant at all.

I think she'll be fine. Just bear in mind most of her income may go on healthcare, but sounds like she'll be in a good position with you guys. Best of luck, hope you get the IL soon.

Her income isn't usually relevant, but given the new guidance about those with diabetes, I would absolutely chuck as much as you can at this. How much income does she get from her rental property? Her pension isn't likely to go very far with self paid insurance so I'd definitely add that in too (statements to show the regular payments as well as the lease). And complete a new I-864, give that to your Mom to take to the interview with her. Good luck.

Are the timelines similar in that case though, or were they married for longer before divorcing, did they go through AoS before the divorce? And was it under the current administration? I really think you need a lawyer. If you're going to attempt this, it's absolutely not a DIY case. There is the risk of a lifetime ban for your fiancee, you need a pro to make sure that doesn't happen. Best of luck to you.

Oh, and a quick tip - book flights with BA if you can. They were AMAZING with me. I flew over only expecting to stay 10 days or so, but then ended up extending my trip and changing my return flight several times across the next 6 weeks until eventually my father passed away. Despite having the cheapest hand luggage only ticket, they moved my flight every time with compassion and grace. And they gave me a refund on a ticket I had already booked for the following month. And then on my trip back to the US somebody had obviously made a note and I received a sympathy card from the cabin crew and a small gift too. Their customer service was exemplary in a very difficult situation, and now I won't fly any other airline.

I'm so sorry. I lost my father earlier this year, and you have my utmost sympathies. I had to register the death, arrange the funeral, inform anybody necessary (banks, utility companies, etc) and then we hired a solicitor to sort the probate for us as my father's affairs were very complex. If your mother has a will, that should make things much easier. And the LPA will too (I also had that for my father). I did a lot of the admin from the US, so please don't think it's more complex because you're an expat. It's exactly the same process, there's no difference just because you're living in another country, other than a time difference when making phone calls. My thoughts are with you. Please be kind to yourself.

https://travel.state.gov/content/travel/en/passports/get-fast.html And congrats!

Can you upload a copy of the notice (redacting personal info)? What evidence have you already submitted of a bona fide marriage and what's the background (i.e. how long before you got married did you meet, any big age gap, how much time did you spend together before you got married/your spouse petitioned you), etc?

I'd suggest you start your own thread with info on the reason for the NOID and what you're planning on submitting, then the good folks of VJ can help you.

Presumably you declared it on the DS-160? Not just in the interview?

As said above, these don’t exist. If things happen quite quickly after the hearing then it’ll be a 2 year conditional GC as you’ll have been married less than 2 years at that point. Best of luck to you.

Also, just another thought but do be prepared for lengthy AP after the interview if your parent is from Iran. Good luck.

That’s actually not too bad, sone consulates are well over 2 years wait for an IL, and Montreal used to be near that but they’ve got through most of their backlog and are much quicker now. So you should hear in spring 2026, good luck.

Plenty of people on the forum have spent months/years in AP. But it's rare for a 'safe' country like Italy (not saying it could never happen though). It's more common for somebody from somewhere like Pakistan or Iran. If you could only manage a month or two waiting for the visa before things got tight, I would strongly recommend she waits for the visa in hand before she hands her notice in. Best of luck.