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Everything posted by pushbrk
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Context is king here. The case from Reddit was two months ago. Not sure of the actual date, but the filing date was certainly prior to the date of the new memo linked in your post. Here's a quote from an RFE sent October 22, 2025 (after the date of the linked memo) that describes what is needed at this time. Of course this petition was filed months prior. The couple was together but failed to provide evidence. The RFE response will include the required/requested evidence. 1. PROXY MARRIAGE Based on the evidence submitted, it appears that the marriage between Noah Marriott and (names deleted) was virtual. Furthermore, it appears that the married parties were not physically together in the same location for the wedding ceremony. For a virtual marriage where both parties are not physically together at the time of marriage to be recognized for immigration purposes, the marriage must be valid in the jurisdiction which issued the marriage certificate and consummated after the marriage ceremony, but before filing the Form I-130 petition.
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I've seen no evidence of this. What I HAVE seen is RFEs because the necessary evidence of consummation was not included with the petition. To the OP, in your situation, you must submit clear "primary evidence" that the two of you were together in the same place for the proxy ceremony....OR....that you were together in the same place between the date of the ceremony and the date the petition was filed. I've seen this be successful many times, either way. Primary evidence would be passport stamps and/or boarding passes showing you were both in country on a certain date. (date of ceremony or later date as indicated above) Photos are secondary evidence. Include that too, along with similar evidence of previous time spent together in person.
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Being married as suggested by the OP, "looking odd" is not a reason for denying a petition. They've already spent quite a bit of time together in person. Evidence they were together during the proxy marriage is all that is required to satisfy USCIS in this situation. By now USCIS has seen this hundreds of times. I say go for it.
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Yeah, the word "expedite" gives the impression of speed, but not in this process.
- 52 replies
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- medical exam
- expedite
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I'm not arguing. I'm telling it like it is. This is not going to work. It would only work if your husband had this problem and also needed you and you only as a caregiver during the treatment. You asked for advice. You're getting it straight. If you have no other options, that does not change the facts or my advice. If there really is no other place to get this treatment, it will just have to wait. It costs only your time to try though. I wouldn't get your hopes up.
- 52 replies
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- medical exam
- expedite
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The truth is that you the foreign spouse is in urgent need of treatment not available where you are. That it must be done in the USA, is simply not true. No, you will not get your case expedited for that reason. If it's urgent, there's a whole other world out there, so pick a place to go get the treatment you need. Will probably be less expensive in a country nearer to where you live now.
- 52 replies
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- medical exam
- expedite
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So, no I-864a. That was the problem with what you originally posted. The EZ version is fine if all the income is from W2 employment. An I-864a is used by a household member who is not the foreign spouse, whose income is being combined with yours. You will get better answer more quickly, if you provide accurate information. So YOU submitted the I-864EZ. "WE" (you and another person) did not submit anything related to the affidavit of support, just "YOU". Just ignore the case note then.
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USC petitioner's criminal record
pushbrk replied to way2go2026's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
That would be true for a K1 but not for a CR1. No questions in a CR1 or IR1 case about any criminal record unless it falls under the Adam Walsh act. Don't even give it another thought. -
Administrative Processing CR1 - DS5355
pushbrk replied to NNN44's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Any answer to your question would require knowing the ten questions and your answers, for context. -
You say you submitted the I-864EZ, but then the note says there was a I-864 and I-864a. You did one or the other, but you cannot use the EZ version with a household member. Who is the household member, and why are you combining income with them? Why is your estimated "current income" so much higher. Consular Officers will look at the totality of circumstances. We cannot tell you if you'll have a problem without knowing those circumstances and accurate information.
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It's important for you to understand at this point that "you" are not applying for anything at this stage. Your wife files the I-130 petition for alien relative on your behalf. You file nothing and apply for nothing. When the petition is approved, you will be invited to apply for the IR1 visa. I would do all this as a Colombian, not a Venezuelan.
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Moving abroad while pending I-130
pushbrk replied to hiilmohviem's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I see a plan for domicile, but what is your plan for qualifying as the sponsor? You cannot use the income from the job you take in Europe. Only income that will continue from the same source after returning to the USA can be used to qualify. Do you have well over three times the income requirement in liquid assets? -
The source of income kind of explains the situation, but I would not enter any untrue information. There is no box to check as "housewife". I doubt it will pass NVC without checking one of the boxes. She's retired. She need not mention her last job. Also, unless she needs to combine income with you, she should be providing an I-864, not the I-864a. That's what a joint sponsor does.
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What you have is good but not enough. What concrete steps has your wife taken to show her intent to re-establish domicile in the USA? Note that even though London is not particularly strict on the Domicile issue, you have to satisfy NVC first. Where do you and your wife intend to live, exactly, and what steps have been taken to that end?
