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I assume she currently has a GC. Lots of people have same day oaths so I'm not sure I agree that she won't be a citizen by the time of the wedding. Other places often schedule oaths within a few days of the interview. That was the practice when I naturalized in 2011 and a quick check of...

AFAIK the lease will only come up if there are already other questions or concerns about your residency in the US. The 2 month trip by itself is not a big deal. The question both at the border and in naturalization will be whether there was ever an extended period when you spent very little...

When you apply for US citizenship (N-400 and naturalization interview) you will need to disclose your absences from the USA. Of course you will want to be honest and they will likely have an electronic record of your absences anyways. If the only significant absence is a period of 2 months...

She has three steps to complete: applying for the conditional (2 year) green card ASAP after marriage; applying to get the conditions lifted and get a 10 year green card after 2 years; applying for citizenship after 3 years. Based on the facts you've provided, each step should have a high...

I was cautioning against filing the I-539 late. In this particular situation I think actually 'better never than late' applies.

You are contradicting yourself a bit at this point when it comes to how long someone can stay with an unexpired I-94 after losing their job. You seem to be saying, alternatively, until the I-94 expires, a "month long job search", or "a couple of weeks". The I-94 might not be expiring until a...

Well, as nelsona says, in practice the problematic situation would be if the job offer does fall through and it takes OP more than a couple of weeks to find alternative new employment. Not knowing the details I, of course, have no way of knowing how much of a sure thing the job offer expected...

1--If you can get the new offer in hand and leave the country (en route to the POE to re-enter) on Monday, then you don't need to apply for a B2. But I mean Monday and not Tuesday. If you will still be in the country on Tuesday you should in theory have a B2 application on file. There is no...

Thanks for clarifying. Just out of curiosity, does it present any problems at the border if one spouse is entering on H-1B and the other on AP? I don't mean any legal impediments but I mean that H-1B's are usually just waved through whereas AP gets sent to secondary inspection--is there a risk...

You are right that there were typos: I meant to say that once either the primary TN or the dependent TD uses EAD (not TN) for any job, all beneficiaries (primary and dependent) must switch to EAD for all jobs. However I did indeed intend to say that dependent using EAD voids primary TN. I...

You can stay on TN until the earliest of the following events: the TN expires; you leave the US; you use the TN (eg for a 2nd job); a dependent uses the TN. I don't think there is really much advantage to doing so though.

You don't need the I-94 to stay on the payroll once you leave the US. That was my answer several posts ago and my answer hasn't changed. The only thing new I'm saying now is that even if your employer (erroneously) thinks the I-94 is still relevant after you leave for Japan, you will have a 3...

I think either option should work. I didn't know that the visa stamp was issued only in 1 year increments; however it is the I-94 (not the visa stamp) that establishes authorization to work in the US. So if the I-94 is good for 3 years, there should be even fewer concerns on your employer's...

I'm a bit confused since you plan to get a new TN in December anyways--if that TN is valid for 3 years won't it cover you beyond your proposed stay in Japan anyways? If your stay in Japan is longer than expected and does take you beyond the TN expiration date then yes you could probably apply...

I'm a bit unclear how the violation of the restraining order came to the court's attention--even if later dismissed--if you weren't arrested. Usually restraining order violations result in an immediate arrest--that is in fact the whole theory behind a restraining order--the person needs to be...

I'd recommend filing the premium processing and then checking the box on Form I-129 that says "new concurrent employment". This will mean that your existing TN won't be immediately invalidated on approval of the new one, which will be useful both for the purposes of giving notice and for the...

Yes as long as you do the things in Santa Lucia needed to establish residency there you should be fine. You simply need things like a D/L and a lease/mortgage wherever you are moving. If you have a paper I-94 you should turn it in when leaving the US as your means of communicating that you are...

IMHO--nelsona may have a different view--it is too late to change your status assuming your resignation was effective a few days ago. It needed to be done before you left your old job. At this point I would simply remain in the country for another 2 weeks and then leave. This is unlikely to...

You are asking the right questions but you should be asking a lawyer--not the sheriff (and not for that matter an anonymous message board). I think you are fairly safe if you ask a lawyer and the lawyer gives you the same answer that the sheriff does. But the sheriff isn't there to be your...

No it probably wasn't serious enough that he could have been deported. The problem is that by travelling abroad without consulting an attorney he may have made his situation a lot worse. The crime may not have been serious enough to make him deportable, but it was serious enough to make him...