Crazy Cat

I-130. The step-son cannot be a derivative of your husband's case. Either you or your husband will have to file an I-130 to start the process (assuming an I-130 was never filed for the step-son)..

1. Correct. The Green card holder is both petitioner and beneficiary for an I-751. 2. Submit $680 with the I-751. I sent a single check.

You just keep giving and giving.... a real credit to our community (and mankind).

Even if it took a year to approved the I-130, you would be at least 3 or 4 years away from being current.

No, a photocopy is a copy you make. A certified copy is certified as being authentic and identical to the original normally by the issuing source.

Like I said, it seems to me that an I-130 strengthens a spousal hardship case. I see no way it would complicate things unless you misrepresented yourself when applying for the J-1.

Agree....Plus the petitioner...

Would not an approved I-130 strengthen a spousal hardship case? That isn't legal advice. It's common sense.

What is his/her rationale for that? To keep you off the radar? I think having an approved I-130 to present to an immigration judge (if detained) would be better than not having filed any immigration petitions.

That just isn't true. However, an I-130 confers no actual immigration benefit. You still need a properly submitted I-485.

No one has even implied that. You're just being dramatic. That isn't true. As long as he can submit a final divorce decree and other requested information prior to the date required on an RFE, he is fine. What happens if the jointly filed I-751 is approved (without an interview) after filing for divorce, but before the final decree is issued??? Would you notify USCIS then, or would you wait and reveal that during your N-400 interview (under the 5 year rule, of course)???

Yep. Even expedited cases are taking 7-9 weeks.

Cannot do that. Need to know what your priority date is. When was the I-130 filed?

He isn't wrong. Filing I-751 While Living Separately | Scott D. Pollock & Associates, P.C. (lawfirm1.com) Filing I-751 While Living Separately Can I File Form I-751 Living Separately from My Spouse? When you are originally a foreign national who came to the United States to marry a U.S. citizen or Lawful Permanent Resident (LPR), you will have already been through the process of getting a conditional green card. After two years, you must file Form I-751 with the United States Citizenship and Immigration Services (USCIS) to petition to remove conditions on residence. Upon approval of your petition, you will be granted permanent residency without conditions. The purpose of the conditional green card is to prove to USCIS that your marriage is still in good faith after the original two years are up. However, circumstances can happen in life and in your marriage that cause you and your spouse to separate. Maybe you do not want a divorce at this time, or maybe you still need to discuss the option of divorce with your partner. It is important that you be upfront and honest throughout the entire process of filing Form I-751 with USCIS. Being truthful about the separation shows USCIS that you are trustworthy. If you withhold information or are dishonest about your separation, you could potentially be flagged for immigration fraud. You may lose your green card and your chance at future permanent residency. Honesty about your separation will only benefit you in the long run, especially since USCIS is not legally allowed to deny your petition on the mere fact that you are separating or have initiated a divorce.

Jim Hacking would tell you otherwise.

If OP doesn't notify them, he risks them approving the I-751 without an interview., (and without their knowledge about the divorce being filed). That could, likely, cause all kinds of serious problems like misrepresentation when he applies for citizenship. I think @Mike E's advice is correct.

She can try to return to the US for another visit. There is really nothing you can do. However, there is the possibility she will be questioned and denied entry. She should be prepared to convince CBP that she will return after the visit.

Just carry on. The K-1 is voided.

Each case is a separate entity which will require separate payments and separate supporting documents.

1. You will, likely, need the original or certified copy of the divorce decree, not a photocopy. 2. There is no difference between CR-1 and IR-1 until entry into the US. An IR-1 will receive a 10 year card.

F4.....We don't know the OP's Priority Date.

The I-130 was approved. However, no visa will be available until the priority date is current. According to the April 2023 Visa Bulletin, cases with a priority date of 22 March 2007 and before are current (and have visa numbers available). The Priority Date (USCIS receipt date) is relevant...not this approval date. When did USCIS receive the I-130?

****Moved to the MENA regional forum for country specific answers***

Yes. Each form (I-130, I-485, I-131, I-765) is a separate entity. Each form requires a complete package of supporting documentation. The marriage certificate is the legal name change source. Unless they asked for a certified or original source document, you can send a copy. If you wish, you can send a certified copy, but don't expect to get it back. Yes, send it in an answer to the RFE.

Exactly. It's a one paragraph letter. There is certainly no harm.