carmel34

Based on your recent failed relationship with your ex-fiancée in Pakistan, and abandoned I-129-F and K-1 process, I strongly suggest that you meet this new "match" first in person, with a chaperone if that is what your religion requires. Get to know her for a few weeks if possible, face to face. Discuss a possible future together, your hopes and dreams, likes and dislikes, etc. Then go back and think things over. Continue conversation long-distance, then go back for another visit. If you both agree, then start the K-1 visa process by filing another I-129F. You know the process already and how long it could take (1-2 years). You will need to include information about the previous I-129F on a new petition, and this new case, if you choose to file it, will receive greater scrutiny. I hope things work out for you and that you can find happiness in marriage in the years to come.

yes each B2 application will be adjudicated separately, based on information provided on the DS-160 strong ties to your home country include stable employment, ownership of property, and other responsibilities that would be evidence of a need to return after the trip, but the interviewing officer does not need to consider it, they have sufficient information from the application all you can do is apply separately and see what happens

Best advice is to always meet in person multiple times before considering big, expensive decisions like marriage and a very long immigration process. A virtual relationship isn't "dating."

File for divorce now if that is your decision. She should notify USCIS that she will change the pending I-751 to a divorce waiver, then follow up with the divorce decree. The last thing you want is for her I-751 to be approved as submitted (joint filing) without an interview, then later it is discovered that the marriage was in trouble (or legally over) when the I-751 was approved.. This could jeopardize her LPR status at a later date, usually when applying for naturalization.

Any US visa is not guaranteed until it is approved and received in the applicant's passport, there are just too many unknown variables in your case to be 99% sure at any stage of the process before then. Based on your post, chances are very good that a spousal visa would eventually be approved, because you have been married and living together for seven years, so you will have plenty of evidence that the marriage is bona fide. You may be able to successfully show intent to re-establish US domicile without buying a condo. I would suggest sending communications with a real estate agent, properties being considered, etc.

Contact the US embassy in your country of residence and request DCF for exceptional circumstances (your job offer in the US and relocation). It is up to them to decide if they will allow DCF in your case, it is possible at any US embassy/consulate, but is at their discretion. Even if they allow DCF, it is unlikely to be processed by January, that is only a few weeks away, and DCF typically takes a few months. Is there any way you can delay your start date in the US? If they deny the DCF, you will have to go through normal consular processing (1-2 years). Entering the US with a tourist B2 visa with the intention of staying and adjusting status is visa fraud. Don't even think about it as it could cause big problems.

All entries to the US on ESTA are at the discretion of CBP. You should be ok for a short tourism trip based on the limited information you have shared. The person on ESTA should take evidence of property owned, leased, job, legal status, etc. in your country of residence if he is asked for it. Always be completely honest when questioned. Ultimately CBP will decide.

Best option if you want to see each other, is for you to travel to her, either Germany or Brazil, wherever she lives, or any country. From what you have shared, it will be very difficult for her to get a B2 visa to visit you in the US. Did she disclose on her previous applications that the purpose of her visit would be to see her significant other in the US?

This is your best path forward. Check if this lawyer has experience with US immigration and waivers for CIMT.

https://www.irs.gov/forms-pubs/about-form-w-7

Cases are all unique, so it is difficult to compare, but you can go to the Canada portal here on VJ, and see timelines for members who have shared their dates. You can search by K-1 visa and also for Canada. There are some recent cases that have been in the 7-9 month range from filing the petition to K-1 visa interview. Last year it appears to have been much longer, 12-18 months. So plan for the worst, hope for the best. Montreal is also known to randomly give a dreaded DS-5535 form at the interview, which can slow down approval by many months, check out this thread:

A Utah Zoom marriage and then file an I-130 petition, first step for a CR-1 spousal visa, is the best option for you in my opinion. Our case went through the Rio consulate. Utah Zoom marriage wasn't a thing back in 2018, so we got married in Brazil, which was a very big hassle with my US civil documents having to be apostilled then translated into Portuguese by a certified Brazilian translator (very expensive per page rate), and then an application for marriage with all of the documents submitted, followed by a waiting period of 30 days for public notices before the marriage could be performed. We chose CR-1 because my spouse wanted to be able to work and get a driver's license the day he arrived in the USA, and the total processing time for K-1 vs CR-1 wasn't much less.

She has a B2 visa, so she can enter the US for short visits, subject to CBP approval of course. If she is completely honest about the purpose of her visit, she should be fine, if the visits are not too long and not too frequent. She should carry evidence of her strong ties to Canada--job, property owned, etc. with her if they ask any questions about that. She may have to convince the officer that she will leave the US before the authorized stay expires.

My suggestions: 1. You have to meet in person at least once in the previous two years to start the K-1 process, which is an I-129F petition. Long distance, virtual relationships with online chatting are insufficient. Meeting in person multiple times, getting to know each other, is also common sense before moving forward with any relationship. You don't want to be a victim of a scam. 2. Processing time varies for K-1, from filing the I-129F petition to the K-1 visa interview. Montreal has a very long backlog, so plan on 1-2 years. 3. If his student visa status in Canada expires before the K-1 interview, he will have to go back to his home country for the interview. 4. He should not overstay his student visa in Canada. 5. Do more research on K-1 vs CR-1 (spousal visa). CR-1 has many advantages. If you choose CR-1, you could travel to Canada to meet in person, and after a few visits, get married in Canada, then begin the spousal visa process, with an I-130 petition. If he has to go back to his home country before the visa interview, he can do the interview there. 6. VJ is a DIY resource, and immigration attorneys are not normally needed unless there are complicating factors such as a previous criminal history, misrepresentation, deportation orders, etc. If your case is straightforward, you can do it yourself. 7. There are very useful guides for both K-1 and CR-1 options here on VJ. I suggest that you study them thoroughly before doing anything else. 8. You will have plenty of time to establish your own income as the primary financial sponsor, because those documents are not needed until after the petition has been adjudicated and approved (6-12 months). If your income at that point is not enough, you will need a qualified joint financial sponsor. Good luck!

Yes, that is what I would do. COs prefer regular income vs. assets.