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SalishSea

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Everything posted by SalishSea

  1. Bottom line is that it is a jointly filed petition, and the applicant can only adjust through the petitioner named on the visa.
  2. Most likely because they suspected that it was fraudulent- that you were in it for a green card. You will have to work hard to convince them of the bonafides of this relationship- lots of in-person time spent together, many visits etc. You are from a country with high levels of immigration fraud and other issues, so it will not be easy. Your girlfriend should probably join VisaJourney. You both have much to learn.
  3. I think there maybe some confusion over petitioner vs sponsor. They are not the same. The OP asked about petitioning (I-485) not sponsorship (I-864). The only person who can sign and jointly file (with the K-1 visa holder) the I-485 petition to adjust status is the USC spouse whose name is printed on the visa itself.
  4. The reason the petitioner’s name is printed on the K-1 visa is because that is the only person through which the visa holder can adjust. Full stop. No exceptions. No, grandma can’t step in to be the petitioner.
  5. A marriage based AOS is a jointly filed petition, so if you married your K-1 petitioner, and they are unwilling to go through with the adjustment of status, you cannot adjust through them and must leave the US before accruing unlawful presence.
  6. You may be just fine, since it is up to the CO (not NVC). Also- CURRENT income is reflected in payslips. Tax transcripts and W2s are PAST income. Consulates are much more interested in current vs historical income, because you can’t support an immigrant on what you made in the past. Take the weekly pay from your most recent payslip and multiply x 52 to get your current annual income. Sometimes if it is marginal and there is no possibility of a joint sponsor, petitioners will get a second job or try for a higher-paying job to make up the difference.
  7. We have seen arrivals with K-1 visas be turned back by CBP for the “wife” reference, the perception being that they’ve arrived at POE married and are no longer eligible for the K-1. It is safe to assume there is context for advice given by old timers on VJ.
  8. And yet…. you yourself pop in and out of that thread to “culturally translate” what you perceive the OP to be saying. Speaking on behalf of the OP is an odd role to have taken for yourself. 🤷‍♀️ And I guess if you have a problem with members utilizing the reaction emojis made available to them, you should take it up with the site owners?
  9. I don’t see it happening. No one in a bonafide marriage “gives permission” to their spouse to have a baby with someone else. Your marriage looks like a sham marriage for the purpose of obtaining a green card. If you want to come to the United States, it won’t be through this route.
  10. You confidently stated an absolute, my experience was different, and I pointed that out. I was in no way urging people not to send 50 lb packets. We sent quality evidence, not quantity. ”YMMV” is implied when reporting personal experiences, which is what I was doing.
  11. SalishSea

    Mrs

    PD for what? OP posted under the Tourist Visa forum. There is no PD for tourist visas.
  12. I do not believe it will delay anything. Is your current income marginal? Some people will just proceed with the interview and have a joint sponsor waiting in the wings if needed (i.e lined up, if requested). The public charge determination/scrutiny can really vary by consulate/country.
  13. It means the petitioner's current income may be inadequate. You can submit a joint sponsor now, or wait. The final decision is always made by the consular officer. Not sure what you mean by 'does this mean I'll get an interview.' The beneficiary is always interviewed for the visa.
  14. It is nothing of the kind. We sent quarterly statements of everything and were approved in 18 months (Nebraska) with no RFEs or interview.
  15. You must not have been around during the height of Covid, when actual spouses of US citizens were prioritized over unrelated fiances at consulates worldwide. I did a K-1 in 2018. Processing times were relatively fast. Seeing what happened during Covid convinced me that CR-1 is superior.
  16. Not sure where you got the idea that you have to choose. K-1 interviews are conducted by the immigrant visa section of consulates.
  17. YOU made the error. There is no expediting for your error.
  18. Dude, you're so desperate. US immigration is a process that takes time. We have all had to wait our turns. While you're waiting, read and research as much as you can about the upcoming processes so that you can avoid more errors.
  19. You need to read and thoroughly research all of the forms for the process.
  20. No judgement, just surprised that you didn't research the K-1 more thoroughly. You cannot leave the US without either a Green Card or AP. If you do, the process will be abandoned, and you will have to be petitioned for a new (spousal) visa. The USCIS timelines for both of those processes are available on USCIS.gov, but I very much doubt you will have either one three months from applying. Our GC took 14 months, and AP/EAD took 4.5 months, but that was when it was "fast" in 2018/19. YMMV. Just like it is impractical to make concrete wedding plans with the K-1, it is not practical to plan/pay for vacations until you have AP or GC. These things are well known drawbacks to the K-1 (as is being unable to work for 8 months or so), therefore for most/many, the CR-1 is a better choice. In retrospect, we would have chosen the CR-1, although K-1 wait times were MUCH shorter than now.
  21. Also- doesn’t sound like you did much planning around this process, but AP can take 8-9 months these days.
  22. Those are drawbacks to the K-1. If you leave the country with a pending AOS and no AP, you will have abandoned it. They won’t expedite for a vacation. It’s not a great move to book a vacation without AP.
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