Dashinka

I would have your wife discuss it with the consulate officer when she has her interview. Good Luck!

Gat a call yesterday on my work phone also supposedly from Amazon. Instead of hanging up I listened for a while, and the person told me there was a suspicious purchase on my Amazon account. Supposedly a MacBook was purchased by someone in New Mexico, and I said I did not make the purchase, and did not live in New Mexico. Then the person asked for my name and that is when I refused to give them any additional information stating that this was personal information, and I would contact Amazon myself. I also mentioned that they were calling on my work phone that had no connection to my Amazon account. The caller hung up at that point.

When your first DCF case was canceled by the consulate did you file an I130 with USCIS? If not, it seems your situation has changed, so you can request DCF again?

One thing I will add after you receive the NOA extension letter. Make a few copies of that as well, and keep the original only for international travel. Good Luck!

What I was getting at is what if someone only filed an I129F for a K3 and did not file an I130. I am not sure if that is an option anymore or if one is required to also file an I130 for a spouse.

You did not already receive an RFE for the final divorce papers?

I90 which is a form to renew a 10yr GC, or to fix errors on GCs.

You are all set with the GC. USCIS properly terminated the EAD application with the approval of the GC. Good Luck!

I agree, you are fine. Good Luck!

Honestly, I have not heard of anyone applying only for a K3 via an I129F. I suppose it is possible, but with the spousal visa route via an I130 being a far superior visa, K3s are all but obsolete.

If she arrives in the U.S. after the 2nd wedding anniversary, she is entitled to a 10 yr GC despite the visa being issued as a CR1. She can remind the CBP officer that the 2nd wedding anniversary has passed, and hopefully that officer will endorse the visa as an IR1, but it is USCIS that issues the GC. If the GC arrives with a 2 yr expiration date, she can file an I90 to get it fixed as USCIS’s expense. Definitely make sure she arrives after the 2nd wedding anniversary so you can avoid the I751. Good Luck!

Spousal visas (CR1/IR1) are generally processed at the consulate in the country the beneficiary spouse is living legally. If it is a country where the U.S. does not have a consulate, then there will be other options. Many folks file the I129F after filing the I130 in hopes of speeding up the process, but you are correct, K3s are rarely processed. Regardless, in either case, the step are the same, the U.S. citizen files a petition, USCIS processes it. When the petition is approved, it moves to the NVC which will require the USC petitioner to upload supporting documents. Then NVC routes the petition to the proper consulate and the beneficiary schedules a medical exam, and a visa interview. This may help. Good Luck!

Yes, it is the F1 category. For you, you will be F11 as the primary beneficiary, and I believe your child will be F12.

Unless your country is Mexico or the Philippines, the F1 priority date is January of 2015. F1 seems more advantageous for you as it allows for derivatives whereas the IR2 does not. Good Luck! https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_December2023.pdf

Yes, file the I865, and if CBP asks, your husband can answer with the new address. Your husband can also file an AR-11 once he arrives and settles in. Good Luck!

Thanks for explaining that, and it is good to know if I ever get back to NYS. Interesting side story along my fire department time. It was drilled into us when driving one of our trucks that we would always stop for a school bus with its lights activated even if we were responding to an emergency. Our chief and his bosses never wanted to see a scene with a fire truck hurting or killing a child which makes sense. Mostly though, bus drivers would see the emergency vehicle responding, and would do like most drivers, pull to the side of the road and yield.

We did not have to sign for the GC, but I agree, the mail cannot be forwarded. Good Luck!

No. Chances are you will not even get a ticket for the moving violation. Similar story, I was a firefighter for several years, and here in MI there is a law that says you must move over, or yield for any emergency vehicle that is responding with lights and sirens active. The problem is that an ambulance, police car, or fire truck is not going to try and make a traffic stop while they are responding to an emergency situation if someone does not yield. Now there is always the chance a police officer may be nearby when an ambulance or fire truck are in emergency mode, but those chances are slim. Like I said earlier, I doubt you will ever see a ticket, but even if you do, it is not a deportable/loss of LPR status type of thing. Good Luck!

Does he really have any options? Not getting into the relationship aspect at this point as it is not really any of our business, but if he is still legally married and not in process of a divorce, he cannot file under a divorce waiver, and he needs to file in the next 60 days.

As long as you file within the 90 day window you are fine if applying as a married couple (those that are divorced can submit the I751 anytime). Since you are not divorced, or in process of divorcing, you can file as married, but as others have said, it will be a tough climb to prove a bonafide marriage if that is still the case at the interview. The good news is it takes USCIS 2-4 years to process the I751, so make sure you file within your window, and then you can focus on your marriage and see where that goes. If repaired, great, if a divorce, you can change the I751 to a divorce waiver. Good Luck!

Yes, if you get divorced, you would need to change your I751 to a divorce waiver. Overall, not much you can do about anything right now other than to get the address change (AR-11) taken care of. If you believe the relationship is repairable, focus on that, as if and when you have an interview, it will be tough proving a bonafide marriage if living separately. Good Luck!

Not sure I would freak out. I assume no one was injured. I don't think you will be getting a ticket although one is warranted (might be state dependent). If you do receive a ticket it will be a moving violation that you will need to take care of, but it will not jeopardize your LPR status. Learn from your mistake, and don't do it again. Good Luck!

So you are in the process of divorcing?

It sounds like you are only at the I130 filing stage. You do not need anything more than the marriage certificate for that. You can start to build your marriage and gather evidence as the I130 processes, and when the NVC stage and the interview comes around, upload it and/or take it to the interview where the bonafides of the marriage will be determined. You can add affidavits at that point,, but again, poor evidence as they are just opinions of others, but you can include them. Good Luck!

Overall, affidavits are a last resort from an evidence standpoint. Depending on how strong your primary evidence is, I probably wouldn't bother with them. However if using them, 2-3 should be sufficient, and they should be notarized. Good Luck!