US Immigration from Cambodia

As some are aware from past posts over the years, my now wife and I have had 2 K1s denied at embassy level and are now a short time away from her IR1 interview.

One K1 was focusing on her family here with a generic 221g and the second was me being told by email from the embassy she did not show adequate intent to marry in the U.S.

Questions are basically for brevity and peace of mind, since I'm leaving in a week to go over and be there during the interview period, I know I can't go inside, but she'll have my passport.

What if any, of the previous K1 denial factors can be used as a basis of judgment on the IR1? IR1 as we have passed two years of marriage when she will enter the U.S.

They focused on her sister/aunt her in the first denial, since we are doing a spousal immediate relative Visa, this should no longer have any bearing correct? And the second was not believing intent to marry, which we overcame through a marriage in her country.

I guess I'm just asking since we've been fighting this process since 2018 as my mind always feels like we never have enough to show them our legitimacy.

401k beneficiary

Life insurance beneficiary

Joint credit card she uses

Letters from employer about adding to health insurance on her arrival

Less impact but have none the less

Notarized letters from my family stating awareness of our marriage/relationship

Proof of visits and consistent daily video communication

I'm not sure honestly what else can be done to show we are legitimate of the worst happens. But I have come to terms of knowing I will give up U.S citizenship if I have to, to be with her and start our family.

I have read dozens of posts and see that the common advice is to file Married Filing Separately if your spouse is still abroad. In my case, there is a significant tax liability difference in filing MFS and MFJ. Here's my conundrum:

• If I file MFS, I will owe a couple thousand
• If I file MFJ, we will get a refund of several thousands
• My spouse is abroad, has never been to the US, and we are currently DQ and just waiting for our interview letter

I read that if you are owed a refund, you can file your taxes up to three years after the filing deadline for the tax year. In this case, I would theoretically have until April 15, 2027 to file and get the refund. However, of course, if you owe, you must file by the regular deadline.

There is obviously a risk in waiting until he comes to the US to file the taxes, but is it a legally viable option for me? Do I have a correct understanding of the rules? I'm really hoping for our interview letter any day now, and at least if we had that I'd feel more comfortable with the decision to wait. Am I being silly, and should I just file separately and pay the thousands, even knowing I should actually be owed several thousand more?

The other thing is I'll be visiting him this summer, so an alternative option would be to file MFJ at a CAA when I see him, but it would be after April 15.

Thanks in advance!

I have gone thru the Green Card process once before. I was married to my ex about 25 years ago and we have been divorced for 16 years. Since that time... I have been married 2 times after to American citizens.

My second husband was a college sweetheart and we have 2 children together. My third husband and I were together for 3 years but only married for 1 year and mainly got married for health insurance (although we were a real couple- I just didn't want to be married but his compnay requires marriage and not just common law, which is what we were).

I recently got married again (so marriage number 4) to someone from my own cultural background. He is from Cambodia and I myself am 1st generation Cambodian-American. I met my now husband at a family friends' party when he was visiting his sister on a B1 visa this last summer. We met and married within 3 months of meeting and have now been married for 7 months and it's been great so far.

We are about to file but I am unsure if I should use a lawyer or not. My ex husband (the first one) is remarried and has kids- we are still friendly and keep in touch. I went thru the process with him but neither one of us has the paperwork still. We are both having a hard time finding our case files and even our divorce decree. There seems to be no online query that I can find on my own. I never really thought I would go thru the GC process again. I am wondering if I should hire a lawyer to do all this since it seems a bit... complicated.

Or should I file on my own and submit any information that they need moving forward?

Posted as a reccomendation from Reddit.

For the last couple of years, my wife has had a green card in her married name and Cambodian passport in maiden name.

When she flies to the USA, we book in her maiden name, she shows her Cambodian passport in maiden name, and then the airline will ask for proof she can enter the USA and we show her green card in married name and marriage certificate proving name change. And they accept that.

My wife should be naturalizing and getting a US passport later this month. This is faster than we expected. I have already booked her on a one way trip from Cambodia to the USA in August, in her maiden name.

Her new US passport, like her soon to be confiscated green card, will be in her married name.

So here is the question.

Can she keep the August reservation in her maiden name, check in for the flight, and when the staff says "Where is your proof you can enter the USA'' she just shows US passport in married name and marriage certificate, like she did with the green card before. And then when she arrives in USA, she shows the American passport?

Or does she now have to do a name change on the August ticket?

In my experience, it's faster and easier to get a US replacement passport at an embassy abroad. Takes about ten days.

My wife has her N400 interview coming up in a few days. If she passes and gets sworn in as a citizen next month and has a naturalization certificate, can she fly out of the USA on her foreign passport and then apply for a US passport at a US Embassy abroad, rather than trying to get the US passport here in the USA?

Is there any downside to doing this?

Thanks