carmel34

Have you consulted with an experienced US immigration attorney? I-601A waivers are generally not DIY cases, and yours is not straightforward.

Yes if you want to be together.

You have an approved immigrant visa to enter the US, a CR-1 visa. It was approved and issued by the consulate and will be valid until its expiration date, usually six months after the medical exam. When you enter the US using the CR-1 visa in your passport, it will be stamped by CBP as evidence that the visa serves as proof that you are a legal permanent resident of the USA until your green card arrives in the mail (up to three months after US entry). Good luck with your transition to life in the USA!

Most financial documents, like 1099s, should be sent by January 31, so you should be getting it soon or be able to download it.

TPS to AOS can be complicated especially with the new administration. This sounds like a case where consultation with an experienced US immigration attorney would be well worth the investment and may avoid mistakes down the road.

You will have to disclose the previous US visa refusals in 2005 and 2007 on the DS-160 application for a B2 visa. Also, you will have to include on the DS-160 any previous names that you have used in your life. Changing your date of birth sounds very fishy and will likely lead to scrutiny of your application. What is your country of birth? You apply online, here is a link: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

The I-864 and financial documents attached are used by the CO to make a judgment based on the unique circumstances of the case. There is no requirement or policy that they absolutely have to accept assets in lieu of regular income, they are merely guidelines. The final decision rests with the CO. The path forward most likely to succeed is to get a qualified joint sponsor.

I recommend sending a letter to the USCIS office after you receive the naturalization interview letter, requesting a combo interview with the pending I-751 (if still pending at that time). My husband did this to make sure it was a combo interview.

Obvious downside is that the process will take 1-2 years vs. 3-6 months with DCF.

To be successful, you will need lots of good quality evidence of the marriage relationship since the wedding date. Do you have joint bank accounts, credit cards, health insurance, etc. over these many years? A record of communications between the two of you? If you decide to file an I-130 petition to start the IR-1 process, make sure you visit her in Senegal multiple times first so that you can #1 decide for yourself if you want to proceed with the relationship, and #2 build up evidence that the marriage is bona fide.

After she completes the DS-160 and pays the fee to apply for a B2 visa, the wait time for a visa interview, Addis Ababa is 226 calendar days: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

CR-1 spousal is a far superior visa for many reasons. You don't have to live together continuously after marriage, many of us here on VJ have done this during the 1-2 year process. You simply get married anywhere it is legally recognized for US immigration (some have done online Utah marriage via Zoom, you need to be physically together for the marriage or anytime before filing the I-130 petition). You go back to the US and keep your job, and your spouse stays in Russia. Living apart is not a problem for US immigration, they see it all the time and approve similar cases. You can visit each other, take trips to other countries, etc. during the process. Good luck!

If denied you can reapply.

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.