Crazy Cat

My description is pretty disgusting comments by some of them. They really know how to copy and paste.

So, she is knowledgeable of the immigration process?

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How did she enter the US? When did she enter?

Wait a minute.... @csh2020, I remember your last case here. Is there any chance your current fiance knows the woman you just divorced?

Honestly, I would be very careful....for multiple reasons. This could be a set up for disaster.

I would think that an I-130 could place her on the radar. Seems to me that a safer approach would be for her to leave the US, then start the immigration process with an I-130. As @S2N indicated, this might be an uphill battle.

I know of no way. She cannot adjust status through you if she entered illegally. There are several serious issues here. 1. How old was she when she entered the US? How long has she been in the US? She could require several waivers and/or have to serve a ban outside the US. 2. How many of the people you have sponsored in the past still have Green Cards? You should know that the current administration has instituted increased vetting of people seeking Green cards.

Thanks. That information is valuable.

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You haven't filled in a timeline, so I'll ask: How long did it take for I-131 approval? 9 months?

Well, like you said,a K-1 is a non-immigrant visa. It is not "an immigrant visa to obtain permanent resident status". AI is not a good source for immigration questions. That's why moderators remove AI when we see it here.

Correct. A DS-260 is an application for an immigrant visa.

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Congratulations. Be grateful. We had to wait 44 months.....no RFEs.

And the OP specifically told CBP that they were going to leave in August. CBP granted the OP entry, in part, based on that statement, imo. USCIS has recently stated that there will be increased vetting of ALL Green Card applicants. What that means is not completely clear to me. This is a tricky one. There was one case I remember, a few years ago, where a spouse was admitted via a tourist visa. She was questioned by CBP, and she said she would not submit an I-485 to adjust status because she was just visiting her husband. She changed her mind later and filed one. Later, during the Adjustment of Status interview (which ALL applicants now have), USCIS denied her AOS due to misrepresentation. I never heard the final outcome. You're right. It's not black and white anymore. It might be worth consulting a couple immigration attorneys. I just don't know what the risk is in this particular case. I think I would either stick with the K-1 or marry and start the spousal visa process.

During our combo interview, the officer wanted to see evidence of marital union and living together from the day of original I-751 submission to date of interview. He specifically wanted to see driver's licenses showing current address, bank statements, leases (both signatures), deeds covering the time......Our combo interview came 44 months after submitting our I-751. We had no RFEs.

There can be no change in marital status at USCIS without proper documentation that the previous marriage was legally terminated. In this thread, the OP doesn't want to translate his divorce degree to withdraw the first case at NVC.

Not true. A subsequent I-130 for a different spouse will be considered invalid without proper documentation that the first marriage was legally terminated. https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf 5. What documents do you need to prove family relationship? You have to prove that there is a family relationship between you and the beneficiary. If you are filing for a relative listed below, submit the following documentation to prove the family relationship. A. A spouse: (1) A copy of your marriage certificate; (2) If either you were or your spouse was previously married, submit copies of documents showing that each of the prior marriages was legally terminated; and (3) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of filing this petition. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

If Nigeria is placed on the travel ban list, K-1s won't be able to enter.....but spouses of US citizens have been exempt.

If Russia is placed on the travel ban, then a CR-1 might be the only choice as spouses of US citizens have been exempt. K-1s cannot enter from travel ban countries.

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.

There was a case here a few years ago in which intent and misrep were used to deny an Adjustment case. The person was sent to secondary after entering via either a B2 or VWP and told CBP they would not adjust status. Later, the person submitted an I-485. She was denied after the AOS interview for misrepresentation. I never heard the final outcome.

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