pushbrk

Exactly, but note there is no such thing as an NVC interview. You are waiting for an interview with a US Consular Officer. NVC, will schedule that, when a date is supplied by the Consulate.

To be clear, the OP did not have any approved K1 visas, and there is not a limit for K1 visas. The limitation is on filing of I-129F for fiancee filings, but is overcome with a waiver request, usually.

There is no numerical limit, period, but no, IMBRA does not apply to spouse petitions.

And that is absolutely correct. The affidavit of support is not just about qualifying. Primarily, it is a contract to repay the US Taxpayer for any public charge benefits the immigrant receives.

That's good. It looks worse if all three are Ukrainian, but not a deal killer. The totality of circumstances comes into play here. They key will be the actual bona fide current relationship and the evidence you have to support that. Evidence of time spent together in person, is the most important.

Possible, yes. Note that your previous history regarding those petitions and beneficiaries are going to be relevant in your new process. Any who currently have green cards are going to count in your household size regarding sponsorship income requirement, and if it appears you are serving as a serial source of US Immigration Benefits, you may have a petition or visa denied. The actual facts matter, but having filed previous petitions is not in and of itself a disqualifier. The I-130 asks about previous petitions and results. You must be accurate and truthful when you answer.

Safer to wait until you are back working, Since you don't know whether you will go back to this job, it is possible but risky to state your current income as the amount you are receiving in short term disability income. Your choice. In my opinion, advising a joint sponsor for responsible and financially capable adults, is just not something I would do unless it is really necessary and the person has easy access to somebody willing to sign that contract and take on the associated obligation. Many of us, are proud of and attached to our adult independence. It's much easier to type the words "joint sponsor" than obtaining and using one is.

You are correct that Boiler's answer is vague. Read mine again. I'll be a bit more specific. Once he is back to work, there is no need to mention a short or two or three month absence from work. Until he is back to work, he is NOT WORKING, and unemployed with no income. That means he will not qualify as your sponsor. He needs to get back to work before completing, signing and submitting the affidavit of support.

Depends on the actual facts on the date he will sign the form. If he is back to work by then, he will state his current income as it will be for the next 12 months. If he is not back to work, he cannot state that he is employed, or that he has any current income to use to qualify as your sponsor.

No, not really any kind of recourse at all. Unfortunately scamming foreigners is an actual industry in many countries including the Philippines.

It seems your Filipino attorney did not consider the US Immigration part of the equation.

Correct. This happens when there is reason to verify your identity relative to some issue that may or may not be relevant to you. Could be somebody with a similar name, or yourself, with a previous immigration related issue. The biometrics will rule you out or in to the relevant concern.

Start with the guides and personal study of the I-129F form and its separate instructions. We are here to answer remaining questions.

I was saying that if your wife had legally adopted her nephew, he would be your stepchild, and could immigrate. He would be your stepchild because he is her legally adopted child. I was not talking about YOU adopting him. The guardianship gets you nothing in terms of his US Immigration. Now that you are married, I don't know that her adoption option still exists. If he is YOUR mutually adopted child, he is not your step child. That immigration route exists, but I'm no expert on it, except that he would need his own petition, just like her natural child. The key issue is that for a step child to immigrate the marriage must occur between you and the legal parent, prior to the child's 18th birthday. Seems that's already done. The problem he is neither her child, your step child, or an adopted child of a US Citizen.

If she had legally adopted him, it would be different. Her situation is fairly common in the Philippines but there is no path for her nephew to immigrate with her.

Then I take it you are seeking to adjust wife's status, not a spouse visa. Is there any actual tangible reason to suspect marriage fraud? If not, don't worry about it.

If you never got a receipt notice with a case number, there would be no way for you to check on the outcome. The I-130 you now want to file will ask if you ever filed a petition for anybody else, and the result. You can answer with the where, who, and when, and indicated you divorced and the result of the petition filing is unknown. You've been asked at least twice already why you mentioned marriage fraud. Why did that even come to your mind to mention. That is the only potential problem I see with the new petition. Another question. Was the former spouse in the USA when you filed? How about the current spouse. In the USA, or what country? What country of citizenship for the former spouse you filed for? These are highly relevant issues. You cannot receive reliable advice here without answering directly.

Click on the word "Guides" at the top of any page here. You will seek a spouse immigrant visa. When she enters the USA, she will become a Lawful Permanent Resident. Three years later, she can apply to be a US Citizen.

It's good you have a qualified joint sponsor, but your own affidavit must be accurate as possible. Your 2024 income is not your "current income". Yes, it's the number to enter in the tax section but not the number for current annual income you are using to qualify. My advice is to have a plan for how many pay periods you will be working during the 12 months starting the day you sign your updated I-864, and calculate what that income would be. The only difference in that formula and the standard one is that you will multiply the gross income by a smaller number. These two obvious mistakes in your first affidavit (current income and not counting your child in the household) indicate to me you failed to study and follow the I-864 instructions. If you didn't follow them, chances are your joint sponsor didn't either. Time to become an A-Student of those instructions, and redo and re-submit both affidavits and their updated supporting documentation.

While the above is the normal formula, the OP says he is not expecting to work the full year. He also already filed an I-864 and must have stated a current income. Knowing how he did it already would be helpful. I expect he also has some sort of plan as to how many pay periods he actually expects to work during the next twelve months. There is no magic answer to his question without further information.

So, how did you determine what to enter as your current income? You already submitted an I-864.

Are you self employed or employed? Details matter in answering this question. The unmarried child under 21 is counted in the household whether you support them or not.

If she has full custody in the divorce decree, that is usually sufficient to avoid the need for consent. Court ordered full custody is very powerful. Absent that, get it or pay him off. Be aware that for him to "consent" it really means he may never see the child again. He cannot force the child or child's mother to arrange visits to Mexico, and he may never be able to get a visa to visit the USA.

It is not required at this stage, but you can upload additional documentation to CEAC before you are Document Qualified. Not a lot of marriage fraud out of Canada though, so not really critical considering what you submitted already with the petition.

I'll just add a note that the sponsor must still be qualified at the time of the AOS interview which could about a year after filing. You must also have a plan for how you will support the couple and get insurance for the fiancee.