carmel34

Best way to view this is not to focus on specific "red flags," but on the overall bona fides of the marriage relationship and evidence to back it up. Documents showing time spent together, in person, is the best evidence when living in separate countries, plus as much financial co-mingling evidence that you can put together. I have a PhD, my husband has no college, with big age, income, and language differences, and his spousal visa was approved with no RFEs, no delays, and his naturalization interview was just scheduled for next month. I did go visit him in Brazil 8 times over two years. Coming from the UK you will be fine.

Pretty simple. She applies for Medicaid in South Carolina: https://apply.scdhhs.gov/CitizenPortal/application.do To apply for SSI, here is the place to do it: https://www.ssa.gov/ssi/index.html#howtoapply

Marrying a US citizen only for the immigration benefits is fraud. Don't do this. It would lead to a lifetime ban.

I disagree. OP stated (see below) that studies were stopped in Fall 2020. D/S means "duration of status," so an F-1 visa holder can continue in the US until completion of the degree. As long as the terms of the student visa are being followed, the holder can stay lawfully in the US. In this case, OP was not in compliance with the terms of the F-1 visa from early 2021 until departing in July of 2022, hence triggering the 10-year bar. The consular officer did not err. "Since I have an immediate family member who is a USC, I stayed with him to continue my studies until Fall 2020. Due to the pandemic and a close death of another USC family member in our family, I ended up not being able to continue my studies and my student visa was terminated. So, against my better judgement I ended up overstaying until July 2022 and departing on my own."

Yes. N-400 asks for travel history outside of the US for last 5 years.

Assuming that she gets an immigrant visa after the interview abroad, she can enter the US and leave immediately with the passport stamped, to validate the visa and her status as an LPR. The likely problem that she will face in the future is if she stays outside of the US too long, she could lose her LPR status. She might be able to travel back and forth for a while, but at some point, a CBP officer may question her on one of her trips to the US. If she is staying outside of the US longer than she stays in, she could receive a notice to appear in immigration court, where a judge could revoke her LPR status and deport her, making it very difficult for her to return, even on a tourist visa. You should also become familiar with a reentry permit, and its application form, an I-131.

Did you submit an AR-11 for your change of address with USCIS since filing the I-485? Primary and any joint sponsors whose address has changed since filing the I-864 must complete and submit an I-865.

Read the I-864 instructions very carefully. Self-employed sponsors submit a 1040 plus all supporting forms, documents, and schedules: If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

Send a letter to the USCIS, to the address listed on the I-751 NOA receipt, include a copy of the NOA, and request that you are in the process of getting a divorce and that you are asking to change your petition to a divorce waiver. Hopefully you'll get the divorce decree soon, so when you receive an RFE requesting it you can send it within the required timeframe. Save all the evidence you have that your marriage was bona fide. Good luck!

If you are abroad there is no I-485 to file. It's only I-130, after marriage. Don't risk your future US immigration journey.

USCIS has access to criminal records that do not show up on websites such as the one you suggested. We have seen K-1 cases here on VJ where the petitioner did not disclose something as simple as being charged with a crime that was later dismissed, and when it was discovered during the visa process, the visa was denied because of misrepresentation. It's always best to be completely truthful. If the OP cannot get the court records, a signed statement that describes the details of the charges, dismissal, with a statement from the court that no records exist, is the only way forward.

Your husband can live anywhere during the process, you don't have to live together. Bulgaria, USA, it doesn't matter. The process takes about two years. Your future husband needs to understand that he will have to complete an I-864 later in the process, after the I-130 petition has been approved, to show that he can sponsor you financially with a US-based income. If he does not earn enough US-based income, he will need to find a qualified joint sponsor. Some consulates (not sure about Bulgaria) will be more strict than others on the petitioner's US domicile (Canada is one of them), so there's that to consider as well. I'll also say this again for emphasis: your US citizen husband needs to thoroughly research the US immigration process if you plan do do all of this without an attorney, since he will file the petition to start the two-year journey. He can file the I-130 petition from anywhere in the world, online, as soon as you have a marriage certificate and other supporting documents ready. It could be filed a few days or weeks after you get married if you plan ahead. You don't have to wait until after you finish your studies in the USA. Make sure he fills out the I-130, question #62, with the city, province, and country where you will return after completing your studies in the US, and leave question #61 blank or put N/A.

All of the fake names she has ever used will need to be listed on the I-130A. Also, ask her if she remembers filling out an I-9 at any time and if so, which box she checked. If she checked US citizen, you will need a very good attorney. Are you filing an I-485 concurrently? Eventually she will need to truthfully answer the questions about unauthorized work and committing any crime. If she completed an I-9 with false information that is committing a crime. Good luck!

You should be fine to enter the US with the expired green card and 48 month extension letter. You are a legal permanent resident. If they ask about your 10-year green card, just explain that it was approved while you were in Brazil.

Lots of confusion here. Stop and re-read all the responses you have received. Intent is determined when you enter the US by the CBP officer. If you answer truthfully you should be fine. I think you are misunderstanding one important issue: you cannot enter the US with a student visa with the intent to stay, get married, and adjust status. That is fraud and will lead to many problems so don't even think about doing it. You can enter with a student visa to continue your studies, that is the purpose of the visa so it is fine to do. A spousal visa is far superior to a K-1, that is why everyone is recommending it. You get married in your home country, or in the US when here on a student visa. Your US citizen spouse files for the CR-1 spousal visa after marriage. The process takes about two years, same as a K-1. While the visa process moves along, you can study in the US with the F-1 visa. When the time comes for the visa interview in your home country, you leave and attend the interview, and hopefully will receive a spousal visa and will then enter the US as a legal permanent resident (LPR), and can work in the US immediately, travel outside the US as needed, get a driver's license, etc. Your US citizen significant other should research the process and be involved in these decisions. Good luck!

IRS tax return transcripts are preferred.

Only Congress can fix the mess by changing the very old, inefficient immigration laws. Many in both houses have tried, hearing from plenty of unhappy constituents and receiving lots of petitions over the years. The basic problem is that Congress is very divided and can't agree on anything, so nothing happens. Immigration is probably the most contentious issue of all, so the chances for any improvements in the foreseeable future are very low in my opinion. That's the cold reality unfortunately.

As others have said, the fact he has a girlfriend who is a US citizen will be considered in the officer's judgment that he may decide to stay in the US, marry you, and adjust status, which is fraud. This will be the biggest challenge that he will have to overcome. He also needs to be completely honest on the DS-160 and in the interview about the purpose of his proposed trip--to travel with you and visit your family in the US. If he is not forthcoming about that intent, it could cause problems at CBP or later if he gets a B2 visa, so definitely do not risk that.

The doctor at the physical will decide if one month is enough. Sounds like you may need to wait another 11 months of not using.

2-4 years seems to be the wait time for most I-751s these days unfortunately. My husband filed in May, 2021 and is still waiting. The 48-month extension letters just give USCIS more time to work through the backlog so they are in no hurry. File N-400 as soon as you are eligible.

The blue letter is very clear--gather and submit all of the documents requested, follow the instructions exactly to the letter. There seems to be something in the case file that a supervisor was concerned about. The sooner the documents they want are submitted, the less time you will have to wait for a final decision. Be very thorough and complete, don't leave anything out, go above and beyond with evidence. Vietnam is one of the countries with a history of immigration fraud, I recall one big case in Houston a while back, here's a link. Hopefully you can overcome their concerns and eventually get approved. Good luck! https://www.cbsnews.com/texas/news/mastermind-behind-houston-based-marriage-fraud-scheme-sentenced-to-10-years/#:~:text=Local News-,Mastermind behind Houston-based marriage fraud scheme,to 10 years in prison&text=HOUSTON (CBSDFW.COM) —,dollars in fines on Thursday.

If you don't have any financial co-mingling yet, the best evidence of a bona fide marriage is documentation showing time spent together in person. A few photos, original boarding passes, passport stamps, hotel receipts, from all visits/trips together.

If you paid their fees, you would have received an email confirmation, from pay.gov. If you do not have confirmation of payment, and their receipt numbers show that the payment is due, pay them now. Their green cards will arrive in 2-3 months.

They can ask about anything in your immigration file. Be prepared for any question about your past. Good luck with the interview!

Many K-1s are denied in Casablanca, with only one visit, most likely brief, your chances of success are very small. Do not have a religious "marriage" ceremony, as that would increase the likelihood of a K-1 denial. Marriage and a CR-1, with more time spent together, in person, is the only realistic path forward. Utah Zoom marriage has worked very well for others, combined with multiple in-person visits, USCIS has approved many of these cases. How much older is the American lady? Good luck.