Crazy Cat

Spammer ejected.......thread locked.

No....not until she had an EAD or a Green Card. 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. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. 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. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.

***Similar topics merged. Please keep all your I-864 questions under this thread***

CBP at the POE does not decide whether you receive a 2 year card or a 10 year card. USCIS makes that determination based on your records. Just wait for the Green Card to arrive. If there is a mistake, then file an I-90.

NVC will not schedule an interview until ALL documents are submitted and approved AND until all fees are paid. Until that is the case, you are fine to log in, etc. Just don't pay the fees. Just remember to email NVC or submit a query asking them to hold your case a year from now. You can do that. For now, you can relax, know that NVC is not going to throw your case out for quite some time.

There are no real risks. Now that your case has been sent to NVC, you can hold it there indefinitely by just emailing them once a year (some people do it more frequently). The least expensive option would be to just don't pay the fees or submit documents to NVC until you know what you want to do. Some people have held their cases there for as long as several years. Good luck in your decision.

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***Topic unique to OP split from existing report thread***This separate thread will ensure OP answers are organized***

She cannot work without an Employment Authorization Document (I-765) or until a Green Card is issued. If she leaves the US with a pending I-485 and no Advance Parole (I-131), she will abandon her adjustment of status. In other words, she cannot work or travel outside the US for about 3-6 months....could be longer.

You can file. Just be aware of the travel and work restrictions. Good luck.

****This OP has not logged on for a year. Therefore this thread is locked for future comments. If you have questions, please start a new topic thread***

Are you a US citizen?

Waste of time, imo, unless you are already married.

You can establish the intent to re-locate back to the US. You need a concrete plan and evidence showing intent to move back. Be aware that she cannot travel to the US with a K-1 or CR-1 before you do. One option is to marry now, and request that the consulate in Japan process your case as "Direct Consular Processing". You would need exceptional circumstances such as a short term re-location due to a job offer, for example. If you are living together now, marriage and a spousal visa is a much, much superior choice imo.

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. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. 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. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.

I'm sorry to hear that she cancelled. It's too bad that people focus on outlier cases rather than the millions of visitors who enter the US every year.

No one can guarantee she won't be sent to secondary inspection or that she won't be questioned. Major airports have people who speak Mandarin. Good luck. I hope she has an event free entry.

Absolutely correct. If you fail to disclose, even if expunged, you risk a swift denial at the interview stage. It has happened to VJ members.

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That's good news. Then, he might be OK. The consulate officer at the interview will make that determination.

Do you know, yet, if his I-94 expiration is "D/S"?

I agree with @appleblossom. If he has a ban, the only hope is a waiver being available. If so, it will take quite a while to get it processed.

Absolutely....if he was actually out of status. He could possibly have a 10 year ban. It sounds like he got some very bad advice to remain in the US. @appleblossom @OldUser @Boiler @Dashinka

https://www.uscis.gov/policy-manual/volume-12-part-j-chapter-2 "The Secretary of Homeland Security has the authority to administer the Oath and may delegate the authority to other officials within DHS and to other employees of the United States.[3]" If I remember correctly, Wife's oath was administered by the local field office director in a ceremony of 1,000 new citizens.

Wonder why he said that. How can they approve if divorce is not final? I think you'll get an RFE.