US Immigration from Vietnam

I'm a F-1 student (from Vietnam), now on OPT STEM (expiring July 2024). I met my boyfriend in Nov 2021 in GA. Dec 2021 he got a job in SC, bought a house there and moved there for work. I intended to move there with him but then got a job offer (my current job) in Mar 2022 so I remained in GA. As a result, we do long-distance in the entirety of our relationship. We see each other at least once/twice per month (5 hours drive). His employment contract does not allow him to quit his job before the 2-year mark (Jan 2024) so we talked about him moving back to GA with me then getting married here and applying for my AOS once the 2-year mark pasts. That was our initial plan. But then my dad got sick. Now I want to go home ASAP.

Technically I can go home now using my F1 status (have to do a visa interview at home since my F-1 visa already expired); however, with my OPT STEM expiry date so close (July 2024), not to mention my company is currently filing for a H-1B for me (I failed the lottery this year twice so my application status is pending), I think it's very risky to go home on F-1 and do the interview again. So my boyfriend wanted us to get married ASAP (simple court house wedding) and we will file for AOS in the next one/two months together with the Advance Parole (i131) and then we go to Vietnam together (hopefully end of this year or first half of next year).

However, we do not live together now and do not have enough solid evidence that we will move in together any time soon (he can't prove that he's applying for jobs because he's not, he has a house, a full-time job in SC and I have my own life in GA, my job is steady, and I have no intention of quitting to move to SC). All we can say is honestly explain the situation we're in that he can't move to GA with me until at least after Jan 2024, and that my dad is sick so I want to go home ASAP and I want my boyfriend to go home with me to see my family.

We have tons of evidence that we do see each other monthly (travelling, my Google location history, visiting each other, my roommate and his neighbors can vouch for this). We videocall/text each other daily for hours (phone bills can prove). He is the beneficiary of all my life/accident insurance plans via my company. Last week he put me on his bank account. We re getting newsletters addressed to both of us from GA realtors because we re on the lookout for a house here in GA but all for the future and nothing is concrete yet.

My company is aware of my situation and is willing to let me relocation temporarily to SC to do the AOS (only until his 2-year mark, so Jan 2024). I have that in the back of my pocket, but I don t want to just move there, file for AOS then immediately move back to GA in Jan 2024, that will just be fishy.

Do I have a case to convince the USCIS? Is there anything else we can do to help our case? Anyone else was in similar situation? Or should I just go find an attorney to do this for us? Please help me advise. Thank you!

My fiance and I recently traveled around Asia arrived to the US just over a week ago under a K-1 Visa. We're schedule to get married soon. We found out that she's pregnant the day after arriving. We are in California, and I'm halfway through nursing school, an I'll be resuming in a few weeks, thus I'm not working at the moment to get work covered health insurance. I've narrowed it down to two options; go back to my old job at Kaiser Permanente and work part-time for the employee based health insurance, but that will risk my already busy nursing school and clinical rotation schedule. Secondly, I would prefer to apply for Medi-cal for my fianc . She doesn't have a SSN yet, it's being mailed in 2 weeks. Would anybody contest or see any issues with my fianc having a K-1 visa and getting Medi-cal? Would it affect her Green Card application status? If anybody have advice or opinions on this, please feel free to input. Thanks

Hi all,

I hope someone can help me to understand my brother situation/scenario. My brother was married and got sponsored as F3, however the wait time was too long (he had been waiting for 10 years, but his priority date hadn't changed much) He talked to the lawyer, and they recommended to divorce so his case can change to F1 to shorten the wait time significantly. He did and got visa successful. Now the question is, once he becomes Green card holder, can he go back to marry the same spouse and submit F2A?

Thanks,

Hello members

I130 for wife of USC and still in administrative processing (no additional documents needed) 60 days after phone interview after wife's 221g appointment. They asked us questions for about 15-20 minutes. This was after we submitted the family tree documents they requested.

Has anyone have any success story or any good news that they were successfully issued and received their visa after AP. If so how long did it take? I need to hear some good news right now.

My mother-in-law (who is vietnamese) has been a legal permanent resident for about 6 years in the USA. We applied for her youngest daughter to come to the USA several years ago. The youngest Daugher finally got an interview ,but was denied due to INA 212(a)(6)(c)(i) misrepresentation. From my understanding, the youngest daughter tried to get USA citizenship twice about 20 years ago, once through a fiance visa and once through a marriage visa. Apparently the guy she was married to didn't have a birth certfificate due to the Vietnam war and the lawyer submitted a fake birth certificate. And this is the reason for denial.

However, I dont' speak Vietnamese and from past experience my mother in law often leaves out critical details from stories, so I would like to submit a FOIA to get the entire paperwork/back story so that I can help submit a 601 waiver. I need to figure out if it is best to fight this based on denying the youngest daughter even knew about the fake birth certificate or to go the extreme hardship route. The mother-in-law is not an asylum seeker, not in the military, not VAWA, but does not have great health.

So how do I file the FOIA and who do I send it to and what specific documents do I ask for? Thanks so much!