carmel34

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.

It is impossible to predict the exact timing for your process, each case is different and sometimes the petition or visa are denied. You have a long way to go if you just filed the petition last August. Dept. of State always tells applicants not to plan travel or make other non-refundable plans until your fiancé has received his passport with the K-1 visa from the HCMC consulate. So if you are booking flights and making wedding plans, they should be flexible and refundable. We have seen many cases here on VJ where couples lost big wedding venue deposits and non-refundable flight tickets when there were delays in the process or even a denial. Good luck!

Run from any attorney or service that asks for more than $5K. VJ is a great DIY site, many here are willing to answer your questions so you can avoid paying attorneys and the many careless mistakes they often make.

You'll need either an additional qualified joint sponsor or you go to the US before your husband and start working, establish US domicile, etc. The process will take 1-2 years from filing the I-130 petition to his visa interview, so you have plenty of time to sort all this out, as financial sponsorship via I-864s for you and joint sponsors are not needed until later in the process, at NVC after the petition has been approved. Start with the I-130 immediately. Good luck!

Oath ceremony scheduled for June 28th. Yours will come soon.

Take everything listed on the interview letter. 5-year rule makes it simple. Good luck with the interview!

Submit everything on standard 8.5 x 11 inch paper with a big clip so it is easy for USCIS to scan. My husband's I-751 package was more than 500 pages. He included a table of contents with all forms, documents, and exhibits listed and their page numbers. Every one of the pages was numbered so that the officer could find anything easily using the table of contents.

I recommend that your US partner visit you in India while you figure and wait out the likely length of the overstay bar, and while you decide when you want to actually get married. By the time you both agree on a marriage date, do it via Utah online, meet again in India, gather all the documents, then your new US spouse can start the spousal visa process by filing a petition on your behalf. With an overstay on your record, and a US partner, it will be difficult for you to get a B visa to visit, even after the bar. Plan on a 1-2 year wait for the spousal visa process, living apart in the US and India, with your US partner making frequent visits to see you. Many of us on VJ have done this successfully. Good luck!

Quality review after a verbally approved N-400 interview is normal. A supervisor checks the file to make sure the interviewing officer didn't miss anything. My husband's N-400 interview was June 8, was verbally told by the officer that he was recommending approval, then a couple of days later the case status online changed to "quality review." This morning the case status changed to "oath ceremony notice was mailed." This is for Atlanta USCIS field office. It took five days for the quality review. Timelines likely differ across field offices. You're close to the finish line.

To petition an immediate family member for US immigration, you will need to return to the US, before their arrival or accompanying the foreign immigrant. Only US-based income qualifies for financial sponsorship on the I-864, or liquid assets. Foreign income does not count. You will likely need a US citizen or LPR joint sponsor who has sufficient US-based income. Another option would be to return to the US and get a job before the NVC stage of the process.

USCIS misinformation line, we see this all the time. You're waiting for the N-400 interview letter to arrive. All N-400's require an interview before USCIS can make a decision, so it's not approved yet. Good luck studying for the test!

Photocopy of front and back of green card is also required with an I-751. Also G-1145 if you want email notification that the package was received by USCIS.