iwannaplay54

You’re a perfect SB1 candidate if you are working for a US company overseas and are filing US taxes. Especially if your company is willing to document that they are transferring you home. With that said your LPR status is valid even if you are given a court date at entry. Nobody can take your green card but a judge and if you demonstrate you never intended to abandon status the chances of that happening are remote. Are you still banking in the US? Hold US credit cards? Retirement or investment accounts? Anything else you are maintaining?

Yes and you will find it pretty painless as you do not have to add a bunch of “ongoing marriage” proof. Just answer the questions, scan and file the attachments, and after that you just wait.

LOL I dont spend a moment worrying about them

N-400 is the only thing we ever filed online (last year). It was painless, easy to track the case, and our timeline fell right in the middle of the VJ estimates (about 11 months)

They were always separate visas. The timelines can be sorted by country. Looking at most recent it looks roughly like there are 2-3 months between completing the NVC steps and transmittal to consulate and another 3 months or so ti interview. 4-6 months looks like the most recent windows.

There is no such thing as an “IR1 K3” interview We have a K3. The chances of your wife getting a K3 visa now are between 0 and .000001%.

Impossible timeline right there

Petitioner records not required or asked for during I130/IR process

Good luck. People who live in the same house and provide stacks of evidence often have trouble. I wouldnt take this lightly.

Yeah so you’re not in the trenches in Europe. You’re not involuntarily prevented from living in marital union.

So you re-entered in 2010, but already had a son born in the US in 2009, married her in 2012, adjusted status. Could it be possible they are applying immigrant intent to your last entry (2010). Did you disclose you had a son in the US at that time? I am very sure there is something not disclosed around that time period or something wrong with your timeline dates. Going back - did you file anything between the time your son was born and your marriage that perhaps did not disclose you had a USC son? There is some sort of a discrepancy in your file somewhere and it has been flagged. Even here your timeline keeps shifting. Man if you do not figure this out they will be on you like piranhas on a wounded fish. I dont think it’s whatever that silly criminal charge was.

No it wont hurt your case. Fix it at the interview. They had been making us (USC spouses) wait out back behind the dumpsters with the homeless people for the last two years because of COVID. We couldnt go in if we wanted to. Not sure USC spouse presence is required but always a good idea to bring in all the “proof of current marriage” stuff that you probably filed with your application.

The old one with the old visa.

Your wife is going to need to do a little work to meet the “intend to establish domicile” bar. Are you saying she did not live in the US long enough to convey citizenship to your children? How to demonstrate intent to establish domicile https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23

Your recollection would be correct. The first thing they ask is where the assets are parked.

Yes. Either.

We SB1 returned in 2018 after four years out and you are correct - the SB1 in your circumstance is DOA Leaving you with starting over (we ALSO did that in 2011) OR taking the chance of getting through after a three year absence, leaving a future determination of “abandoned status” hanging over your head. I would concur with what you are planning - refile, get a fresh IV, and return with no consequence. We abandoned status (filed the form / turned in the green card) and re-filed at the same consulate a few weeks later. Put a copy of the signed abandonment of status in the new I130 package to avoid confusion. Good luck whatever you decide to do!

The GC is valid but he’s playing with fire

“In process” is diplo-code for “gathering dust on a desk”

This looks straightforward. Hate to ask you but did you file ANYTHING between 2010 and 2012 that did not disclose your marriage? Renewed F1? Anything that could be interpreted as non-immigrant application with immigrant intent? Why not adjust status in 2010? My bets are its something around that gap that they want to dig into.

hmm “unable” isn’t exactly the standard. Was your wife working for a US company in Canada?

You’re not appearing to answer those test questions again. Your NOA would say oath ceremony if you’re swearing in. You have an issue. The common ones, presence and criminal history, seem to be adequately disclosed. That means they seem to have found something inconsistent between things you previously filed and your N-400. I’m hoping you saved copies of everything. I’d go through everything you filed with a fine toothed comb and try to figure out what it is.

Banking, finances, auto, auto insurance, license, property ownership (or assets) if any, credit cards, cell account, health insurance, and residence is the list that proves you never intended to abandon status. Otherwise 800 out of 1800 days borders on abuse of the immigration benefit. Doesnt matter where you were or what you were doing. Abandoning residency is one thing but she’s also looking at getting her 5-yr clock reset.

You may enter together.

You can enter together. Your beneficiary gets “taken to the back” for awhile to get processed, you’ll have to wait outside (I just wait in baggage claim) until they get their data entered.