Crazy Cat

Interesting. I wonder why no Green Card has been issued.

How do you know this? I thought USCIS immediately issues the Green Card if the interview is waived. In fact, I thought the FO is who waives interviews. But, I am not certain.

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Forget the K-3. K-3s are non-existent. Your options are a K-1 fiance visa or a CR-1 spousal visa after marriage. Expect either of those to take about 18-24 months from filing to visa in hand. A CR-1 would be the logical choice since you are currently together. The only way to expedite would be if you qualify for Direct Consular Filing with exceptional circumstances at your local consulate (after marriage). 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 6-8 months) Spouse can not work until she/he receives EAD (approx 6-8 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 CR-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.

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Why are you choosing a K-1 over a CR-1? You are missing a big opportunity. 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 6-8 months) Spouse can not work until she/he receives EAD (approx 6-8 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 CR-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.

I think it would be easier to just pay the fee and submit the I-864. I guarantee you will not easily convince NVC of the exemption. Good luck.

Email and/or written letter to USCIS, NVC, and/or the consulate..

He needs to apply for a B2 visa. That also applies to your sister.

I would do this. If you overstay even 1 day, you will immediately lose ESTA/VWP (forever) and the B2.

The extension letter is issued when she files the I-751. It generally comes within a few weeks. It will extend the expiration date printed on the green card for 2 years. If within the 90 day window before expiration, submit it ASAP!!! Remember, the extension letter MUST be accompanied by the expired green card when used. She will have to sign the I-751 package....as will you.

It deals with citizenship eligibility requirements. Chapter 3 - Continuous Residence | USCIS An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.[13] An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

She needs to file I-751 no earlier than 90 days before the Green Card expires. She needs to file I-751 before the Green Card expires. She cannot do biometrics outside the US. Without a proper extension letter (which she will automatically receive after filing the I-751), she will not be allowed to board a flight to return home using an expired 2-year green card. She will need the original extension letter as well.

A Green Card holder can stay outside the US for up to a year without a re-entry permit.

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I would just wait.

You can withdraw the I-130 at any time before the visa is issued. Just make absolutely sure that you want to withdraw because a withdrawal is irrevocable. No impact on future petitions.

Do not reschedule the interview. After the interview, her case will be placed on hold until the medical exam is done and sent to the consulate.

It is likely that NVC hasn't received available dates from the consulate. 1. Case is DQ'd by NVC. 2. Case then enters NVC queue for your consulate and waits at NVC. 3. Consulate informs NVC of available interview date for upcoming month. 4. NVC schedules interview when case reaches the front of the queue for that consulate. 5. NVC notifies person of interview date via email. 6. NVC then sends case to consulate. After the interview is scheduled, it can take several days to several weeks for the consulate to receive the case.

You need to familiarize yourself with the spousal visa process. The I-864 is not submitted until the NVC part of the process. NVC will route the case to the appropriate consulate. Where is your spouse right now? If outside the US, then adjustment of Status is not available to you.

What time period? If they are reviewing them, you just have to wait.

For what? Your biggest issue at the moment is a possible 10 year ban....which can be waivered.

AP can be neither waived nor expedited.

@Free Man, I think your wife needs to join us here for this conversation.

Tax transcripts and tax returns reflect what was earned in previous years, not what is currently being earned. Pension award letters or pay stubs would indicate CURRENT income. The ability to support a new immigrant is determined, in large part, by what the sponsor is CURRENTLY earning (or will earn over the next 12 months).