Crazy Cat

My understanding is that it was a change in parole in place policy......it was a Texas judge who blocked it.

or wait for the Green Card.

***Moved to the UK regional forum where London-specific consulate questions are discussed***

Best meme I have ever seen!!!!!🤣

***Question was split off from an existing thread***

Step 1=Deciding between a spousal visa (outside the US) or Adjustment of Status (inside the US). There are forums here for Adjustment of Status from Work, Student, and Tourist Visas Consular processing Adjustment of Status for spouses inside the US

Where does the petitioner live?

In my opinion, you should not file a joint I-751 if divorce proceedings are underway. You risk USCIS approving the joint I-751 without an interview and no knowledge that you were not still married. That could result in big issues later downstream at naturalization. According to the attorney opinions I have seen, they say you can (assuming divorce proceedings are underway, but no final decree): 1. File with a divorce waiver and a letter explaining that divorce is underway, but no final decree has been issued. Of course submit good faith evidence, too. USCIS will send you an RFE for the decree. That will give you about 3 months to get the decree. In my opinion, you could wait until just before your Green Card expires to do this. or 2. Wait to file the I-751 when you have the final decree......even if it is after your Green Card expires. This option scares me because you could be placed in removal proceeding before an immigration judge. I think both these options show that filing for divorce asap would be beneficial. Others here might have better ideas.

If you file before the divorce is final, USCIS is going to send you an RFE requiring the final divorce decree. So, some strategic planning is required as far as timimg.

I think you really need to start gathering evidence that you entered the marriage in good faith.

There is no "separated" category on the I-751. Some attorneys recommend filing under the "divorced" category if you do not yet have the final decree. Keep in mind that USCIS will then, at some point later, issue an RFE, then requiring you to submit the final decree (within 90 days, likely).

When does your conditional Green card expire? Ideally, you should file for divorce asap, then file the I-751 with a divorce waiver as soon as you get the final divorce decree.

The exact same law applies to Green Card holders. All world-wide income must be reported.

Another vote for studying the guides or getting professional help. The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money. Failure in any of those areas can spell big issues. Good luck.

I would send the 1040X and supporting documents as it is the latest return.....or you could send both the pre-amended transcript and the 1040X (plus supporting documents) as you are just amending filing status.

***Associated threads merged***

Did you, by chance, enter the US via round-trip ticket?

***Like topics merged***

Another waste of taxpayer funds. Why would he even try this before his validity has been ultimately decided?

There is a very clear appearance of conflict. That is enough to recuse himself. He will be reversed on several counts when this is over.

I think I read that a Texas judge has blocked this for now.

@msrodan, Have you considered a spousal visa instead of a K-1? You are already together. Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises.

***Moved to CR-1/IR-1 Spousal Visa Process***** You are on the right track. Her attention should be focused on those things to qualify as a sponsor. TAXES- US taxes reported for 3 most recent tax years. INCOME SUFFICIENT TO SUPPORT A NEW IMMIGRANT- Qualifying income which will continue after re-locating to the US, or a qualified US domiciled Joint Sponsor, OR sufficient assets. EVIDENCE OF US DOMICILE- She must either relocate to the US first or she must provide concrete evidence of intent to re-locate to the US. Of course, you must marry before starting the process. Since you didn't mention any exceptional circumstance which would allow her to file directly with the consulate, here is the applicable guide:

It doesn't in your case. An interview might take place before the LPR has actually been a Green Card holder for 3 /5 years, but the oath cannot be taken before that date.

Honestly, I am really surprised that he obtained a B2 at all. The vast majority of spouses from Pakistan would, likely, not be as fortunate. Sadly, what you have described is not unusual for Pakistani cases. I know you are disappointed at this stage, but you were not singled out. Hopefully, this period of AP will not be too long. Good luck on the rest of your journey.