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beloved_dingo

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  • Gender
    Female
  • City
    Birmingham
  • State
    Alabama

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  • Immigration Status
    Naturalization (approved)
  • Country
    Australia

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  1. Just to make sure I'm not missing something here - no one in your family is a U.S. citizen (or green card holder) except your youngest child?
  2. As others have said, using a tourist visa with intent to immigrate and adjust status is fraud. At this point I would go ahead and file an I-130 for your spouse ASAP. Then, if your spouse already has a valid B2, he can visit you in the U.S. after your return to the U.S. in December 2024. Admittance would still be subject to CBP's discretion. He would have to return to Japan before his authorized time in the U.S. ends (could be up to 6 months I believe but CBP may give him less time than that). Either you wait in Japan for a year+ for the I-130 process, or you go to the U.S. knowing that your spouse can only visit you until he gets his immigrant visa.
  3. Proxy marriage is a valid route as long as you meet again in person after marriage, prior to filing. (Meeting in person after marriage = consummating the marriage)
  4. I don't see an issue with the photo in question. Taking engagement photos is a common thing to do. There are certain consulates where formal looking photos can be an issue, but that is because of cultural norms and expectations that play into it. I don't think that's the case here.
  5. Just want to point out that spouses becoming abusive immediately after marriage is incredibly common. Some would describe it like a switch has been flipped. These kinds of abusers will love-bomb and treat their partners like gold before marriage but as soon as they are married/living together, a 180 happens. Much easier to control someone once you're under the same roof and tied to each other legally. You can see how this would be even easier to pull off for someone courting an immigrant. The fraud angle is certainly possible and I'm not denying that whatsoever, but immigrants can be vulnerable and they can and do become victims of abuse due to this (hence why VAWA even exists). It's not hard to have evidence of abuse when the abuse was real and documented through medical treatment. I would hope any immigrant who is being abused by their spouse would get help and go to the police.
  6. It's not fraud to intend to get married on a B2. It's fraud to use a B2 with the intent to marry and adjust status. Edit: It is fraudulent to lie about the reason for obtaining a B2, though.
  7. Sorry, I'm confused about this statement here. She didn't attend the interviews herself???
  8. Out of curiosity, why can't she live with you at your uncle's house? I agree with @OldUser though. If you document this situation, and it is remedied in the near future, I don't see it being an issue 2 years down the line. I would suggest saving any emails or other written correspondence you have that document your efforts with your job to get permission to move to SC.
  9. Small correction here - she can filed ROC immediately, once the divorce is finalized/she has the divorce decree. She does not have to wait until the usual ROC filing window opens. So even more reason for OP to file for divorce ASAP.
  10. Just to make sure we fully understand the situation, are you saying that you received an RFE (Request for Evidence) from USCIS, and specifically what they asked for was letters (affidavits) from family? If you received an RFE letter, can you post it here, with sensitive information removed/redacted? Can you also list out everything you provided in the initial application?
  11. This is the important question, I think. There's nothing to worry about if the DS3025 is marked complete. As far as AOS - there is no deadline to file AOS, as far as USCIS is concerned. (Not even an arbitrary 2 year deadline that has been mentioned here - that deadline doesn't exist). However, waiting to file past 90 days is a risk because at that point, the immigrant has no legal status in this country as @yuna628 stated. Once AOS is filed and the I-485 receipt is obtained, the immigrant has proof that they are authorized to stay in the US while their AOS is pending. @Scandi summed it up perfectly in this post, from the thread where a VJ member was unfortunately detained for weeks because they were just a couple weeks late in filing AOS: https://www.visajourney.com/forums/topic/706560-beware-bad-information-on-aos-deadline-for-k1-fresh-out-of-jail/?do=findComment&comment=9705397
  12. Good luck to you, OP. This will be my last post in this thread, because clearly you do not want advice or assistance from the people here. 😅 Your fiancé will be out of status after 90 days of entry with her K1 visa, if AOS isn't filed (and she won't have proof of her legal status without the I-485 receipt). I suppose it's up to you if you want to take a risk that's completely unnecessary by filing after 90 days.
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