carmel34

OP doesn't have a green card, just filed adjustment of status in June 2023. Only path to LPR and green card for OP is to reconcile with abusive husband or to leave him and file VAWA (with documented evidence showing battery or extreme cruelty). Leaving the US seems to be the best option and what OP prefers.

VAWA cases are more likely to be approved if there is documentation regarding the domestic abuse (police reports), as false claims cannot be verified. Does she have documented evidence?

USC husband files the I-130 petition to start the process, that stage will take 12-18 months if all goes well. NVC stage is next, it takes 2-3 months. After that, you wait for the visa interview to be scheduled in Rio. Total time is about 2 years. Good luck!

Try for same day delivery tomorrow, with UPS/USPS/Fedex. Keep proof of the same day delivery receipt. You may be okay. If they deny the I-751 because of missing the RFE deadline, send a letter to the Portland field office explaining the situation and include the receipt. If that doesn't work, file a new I-751 package. Your husband does not need to leave the US, he continues to be a legal permanent resident, only an immigration judge can revoke his status. No need to start over with I-130. Good luck!

If you are so sure that your employer is lenient and has a policy stating such, then you should have no concerns about telling them, especially their attorney that takes care of visas and HR. If you don't disclose now it could create more serious problems for you later. They sponsored you for this visa, correct?

Based on this statement that was submitted with the I-129F, I strongly recommend getting married and starting the spousal visa process. Utah Zoom marriage is fastest and is recognized for US immigration, and the I-130 can be filed online from anywhere. The phrases "formal engagement ceremony," "celebrate our bond and commitment," and "desire is to be formally married," could be interpreted by an immigration officer as an informal marriage, leading to denial of the K-1. It has happened many times before. If you had said "engagement party" you may have been okay. CR-1 may be faster than the K-1 if you file soon, and is a superior way to immigrate to the US, with the beneficiary able to work, get a driver's license, and leave the US anytime immediately on entering the US as an LPR. Good luck!

We only had a ceremony to celebrate our union. OP did not describe it as a simple party to recognize engagement, but a ceremony to celebrate the union, which seems very risky based on many other K-1 denials. Why risk adding 2+ years to the process when it is an easy fix to marry via Zoom and file for a spousal visa? The additional cost doesn't seem to be an issue for OP. I do agree that the K-1 risk level depends on what was actually sent with the I-129F in terms of photos and description of the "ceremony to celebrate our union." Those questions have not been answered by OP.

The officer conducting the visa interview is likely to ask about this, and it could be viewed as misrepresentation, which is a serious issue. Complete honesty from now on is a must in this situation. You will not know for sure what the officer will do, they have discretion in these situations, to either approve the spousal visa, deny it for past misrepresentation, or give the opportunity to submit a waiver. Be honest in the interview and prepare accordingly.

The problem is that you could be considered "married" by the officer conducting the K-1 visa interview, 1-2 years from now, leading to denial. It is very risky to assume otherwise, as you would at that point have to start over with a CR-1, meaning that an immigrant visa, if approved, would take about 4 years. You need a marriage certificate to switch to CR-1, by filing an I-130. Utah Zoom marriage is the fastest way to begin the process, and is acceptable for US immigration. K-1 is not faster than CR-1 these days. Many years ago, but not anymore. In many countries it takes longer. This is why many are recommending that you get married and file an I-130 petition now. CR-1 is also superior for many additional reasons after arrival in the US.

combo interview request redacted.txt

Write a letter to the USCIS field office where the N-400 will take place, referencing the pending I-751 receipt number, and requesting a combo interview. Include a copy of both the N-400 interview notice and the I-751 extension letter. This worked for my husband recently in similar circumstances. Ten days after sending the combo interview letter, he received a second interview notice for the I-751, same date and time as the N-400 interview, so we both went and took lots of bona fide marriage evidence. He passed both interviews and his oath ceremony is tomorrow morning. Also upload the combo interview request letter using the USCIS online account.

Sounds like her divorce attorney is trying to push you into a financial settlement using the I-134 as leverage. Don't settle in mediation, definitely prepare for a trial with both a good divorce attorney and an experienced immigration attorney in case the I-134 comes up in court.

Mom is a US citizen, so I'm not sure what @SalishSea meant by the comment about her status living in China. It could be related to her status as a non-US resident for purposes of sponsorship (I-864), which requires US domicile or at the very least, evidence of intent to re-establish US domicile. Has she been filing US tax returns since she naturalized?

Here's my advice, hopefully you will find it to be helpful. I won't say anything more about the importance of meeting multiple times prior to getting married, to see if this is really something you want, and to know if the chemistry is there before making such a big commitment. Others have done enough of that already, and you know the risks from personal experience. If she resides in Brazil, the required visa interview (in 1-2 years if all goes well) will be in Rio de Janeiro at the US consulate. There is no other option for Brazilians. From the date of filing the initial I-130 petition with all required documents (including marriage certificate and evidence of spending time together in person), the process could take longer than two years, so plan for that and hope it goes a little faster. Each case is different and there are many unknown details that could come up. Given what you have shared so far (have not yet met in person), I strongly suggest that if you decide to file the I-130 after only meeting once in person, that you visit her as often as you can while waiting for the I-130 to be adjudicated (12-18 months), and submit documents (original boarding passes, passport stamps, hotel receipts, a few photos) to support those additional visits at the NVC stage of the process, after the I-130 has been approved. Continue to visit her in Brazil while waiting for the visa interview. She can take that new evidence with her, to show the interviewing officer. I made periodic trips to visit my husband in Brazil seven times before his spousal visa interview. We also did some co-mingling of finances (shared credit card, IRS tax transcripts as married filing jointly, look up W-7 form). You will also need to file a separate I-130 for her child and have legal documents to show that the child's father has given the wife permission to eventually take the child out of Brazil. You have a long, frustrating, expensive process ahead of you. Patience is key. Good luck!

Response deleted. I misread your dates of naturalization and child's birth. File for CRBA.

She doesn't need a passport for you to file the I-130 petition after marriage. She doesn't need an ID. You will need a marriage certificate. Find the I-130 and I-130A to become more familiar with the forms and process, and read the guide here on VJ. She will need a current passport much later in the process, at the NVC stage, which will be 12-18 months after filing the I-130.

You should be fine. Good luck!

NVC sends this same notice to many going through the process. The final decision regarding the I-864, and whether or not the sponsor's income is sufficient, will be made at the consulate/embassy visa interview, a judgment call by the officer, based on the "totality of the circumstances." Officers have discretion, the minimum income levels are only guidelines, and being over does not guarantee approval. If your income is only marginally higher than the minimum, this may be the reason you received the notice, suggesting that you get a joint sponsor lined up in case the officer doing the visa interview asks for one. By how much does your income exceed the minimum? Is your income from self-employment?

The tourist visa will be a big challenge for her. With a US fiancé, she will be viewed as likely trying to bypass the legal way (K-1 or CR-1) to move to the US, her strong ties to the US will be evident. A tourist visa is for brief periods of tourism, not for living with you. The correct process for her to immigrate will take 1-2 years and you will live in different countries, so lots of knowledge and patience is required. Start with an online Utah marriage now and once you get the marriage certificate, file an I-130 petition for her online. You can return to Japan to visit her frequently during the 1-2 year process. Good luck!

Sorry my earlier advice was based on an incorrect assumption that you were married in Colorado. The original marriage certificate from Romania will be needed at NVC (scanned and uploaded) and the visa interview, with a certified translation in English.

The officer at the US consulate or embassy will ask to see the original Colorado marriage certificate. If the marriage took place in Colorado, that is the certificate that is required, both at NVC and the visa interview.

Dual US/Canadian citizen here, I have brought family members from Canada to the US before via immigration. Right now it is taking 1-2 years from filing the I-130 petitions to a visa interview in Montreal, so I suggest that you start soon. Yes, there is a good chance that this will work out if you have the financial means to sponsor them, and if they have nothing complicated on their records like criminal activity, past overstays, misrepresentation, or deportation. The main issue they will face is US health insurance, as it will be very expensive once they immigrate. Do lots of research so that you can discuss all of the financial implications with them, as they will not be eligible for Medicare once they arrive. Try the Obamacare website to check out the various options and costs. They will have to pay their monthly premiums, and there can be big co-pays and deductibles when they get care or have a hospital stay that can be shocking for Canadians. They can sell their home in Canada once they get their visa in 1-2 years, and wire the funds to a bank in the US. They should also discuss their retirement finances with their financial planner in Canada, to know what to expect in terms of Canada Pension, Old Age Security, and any employer-based retirement plans or other investments, and if these resources would be sufficient to support themselves after they move to the US. Good luck!

Plan on financially supporting him for a long time, as EAD is taking 6-8 months, after marriage and filing the adjustment of status package, so maybe 8-10 months total. You may have to find a better paying job, get a second job, or reduce your living expenses to make it work. This is a well-known drawback of the K-1 process.

Directly from the I-129F, page 8 NOTE: These criminal information questions must be answered even if your records were sealed, cleared, or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record. If you need extra space to complete this section, use the space provided in Part 8. Additional Information. We have seen cases here on VJ before where a petitioner did not disclose sealed/expunged criminal records on the I-129F, causing problems/delays/denial because it is considered lying/misrepresentation. USCIS will run a criminal background check and they can see everything, including sealed or expunged records. Disclose all details or the petitioner is likely to be accused of misrepresentation which is serious. A smooth immigration process requires complete honesty.

She needs to find it or order a new one from the issuing authority. You will absolutely need an original for the visa interview.