carmel34

Unfortunately, in the last few years, more and more Brazilians are using a tourist visa to enter the US, overstay, and figure out a way to get a green card via marriage, asylum, whatever they can do. Some just end up staying and working illegally for years. There are Facebook groups for these folks, and attorneys who have built their entire practice catering to their needs. All of this has made it much more difficult for Brazilians to get a B2 even when they have no intention of overstaying. Your best hope is that the spousal visa gets approved in time. Good luck!

OP, think of the innocent children first and try to set aside your anger and frustration with your wife. What kind of future do you want them to have, especially your biological child? There are lots of ways to work out a divorce and co-parent, with shared custody, living close to each other, post-divorce. You sound like you want a divorce, but you also seem to care about the kids and want to have a relationship with them, but not with their mother. There are ways that you can do this if you've decided to divorce your wife. Find an attorney who has experience negotiating divorce agreements where you can co-parent your shared child. Don't be vindictive just because you and your wife do not get along (very obvious from all of your posts). Do what's best for the children. It may cost you, but you said your income was $100K. You may both have to move into separate, lower-cost housing to make it work. Offer her a year or two of spousal support, until she can adjust and find a job, and work out an agreement for child support until your biological child is 18. Live close to each other so that you can be a good father with shared custody of your biological child, and she may allow you to continue to have a good relationship with her other two children as well. She can pursue a VAWA case to work out her own immigration journey. Take the high road and you'll be happier in the long run. Good luck, whatever you decide to do!

If you filed another I-751 with additional evidence/documentation, and if it is accepted, you will soon receive the receipt notice with a 48-month extension of your original green card. With a pending I-751, it is very unlikely that you will get an NTA so don't worry about that. If the "resident since" date on your conditional green card was back in 2017 (an assumption, since you have not stated when you received it, only that you came on a K-1 and married in December 2016), then the 48-month extension will likely not be of much use to you. You will need ADIT stamps in your passport once a year or get one mailed to you (a new option available to USCIS) while waiting the 2-4 years for the new I-751 to be adjudicated. You can travel internationally and change jobs with the ADIT stamp as proof of your LPR status. Breathe. Relax. Get a better attorney and focus on your own well-being.

Supposedly to hire more people and to upgrade technology, based on a very unlikely goal to speed up processing times. Most who have followed USCIS for a few years tend to be skeptical that anything will improve, so it's just a government money grab.

Here's another opinion, based on the I-864 that the petitioner signed: https://www.soundimmigration.com/can-you-enforce-the-form-i-864-affidavit-of-support-in-a-divorce-case/#:~:text=Yes – in most states the,maintenance (also called alimony).

Find a very good attorney, this is purely a divorce issue. California is immigrant-friendly and divorce judges there tend to award lots of alimony to the spouse earning less. She also has the I-864 that you signed and a good attorney will help her to leverage that against you. All assets and debts accumulated since the date of marriage will be on the table. Time to lawyer up in my opinion. Good luck!

Most states require a 50/50 split for all marital assets and debts in a divorce. The length of the marriage will likely be taken into account as well when determining alimony. Her immigration status is irrelevant to all of this as she can re-file an I-751 with a divorce waiver, many have done this successfully. You can't "withdraw" the I-751 as it is her petition, not yours. Focus on the divorce and be civil. It is in your best interest to negotiate an agreement with her and her divorce attorney. Keep in mind that if she hires an aggressive divorce attorney, and the case goes to court, the I-864 that you signed could be used as leverage to force you to pay alimony for many years.

A good divorce/family law attorney will know how to go after your husband, to make him pay for your legal fees. You may not have to pay anything upfront. If you have a joint credit or debit card, you could also use that for the initial attorney's retainer, and your husband will have to pay it off. Just make sure you are in a safe place, away from your husband, before doing so. In Texas, all community financial assets and debts will be split 50/50 during the divorce. Good luck!

National Visa Center (NVC): For NVC case-specific inquiries, you may call 603- 334-0700 or email NVCInquiry@state.gov.

Of course you answer yes if you have other relatives in the USA. Always be 100% honest on any federal government form or you will face problems down the road. Why would you be hesitant to answer truthfully?

They want to see evidence/documents since the time of marriage until the date of filing. I suggest that you submit quarterly bank statements since you got married or opened the account. Also include more evidence since your marriage date, not only the most recent joint utility bills.

Call USCIS and ask for an appointment with your closest USCIS field office for an ADIT stamp. This will be proof of LPR status for one year and can be used for travel and driver's license while you file the N-400. Don't bother with the I-90, they are taking about a year to process.

This is very good advice. The USC is the one to file the petition, whether for K-1 or CR-1, and needs to know the process and ask the questions.

What did you submit as evidence of your current income?

A self-employed sponsor is viewed differently on the I-864 because current income can easily be manipulated, so they rely on the most recent tax return plus all schedules. Were these schedules included? You did not list them. Note the following instructions for the form (bold added for emphasis): "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income. 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."

The I-864 is rarely enforced, USCIS has other priorities. Even if they did enforce it in the future, it would be to require you to reimburse the government for a very specific list of public benefits, and then only if your spouse used any of those benefits. The primary purpose of the I-864 is to ensure that the petitioner (and joint sponsor if necessary) has the financial means to support the intending immigrant. If you are already thinking about the risk of divorce after your spouse arrives in the USA, the much bigger financial risk to you is a division of your assets and the potential that you have to pay alimony for months or years on top of that. Do you have a pre-nup?

I-751 cases with a divorce waiver typically require an interview and some additional scrutiny. You should be fine if you have sufficient evidence and documentation to support your case that the marriage was bona fide for a period of time. Many others in your situation have been successful in removing conditions. Sometimes marriages don't work out, USCIS officers know this, so focus on gathering quality documentation that it was real and genuine at least until it ended. The sooner you get a divorce decree the better, as it will be required to support the divorce waiver. If you don't include a scanned/photocopied final decree of divorce with your I-751 petition, you will get an RFE. Good luck!

48-month extension letters are now being issued. Lots of us Vjers who have pending I-751s have received them in the last few days, so USCIS is doing something at least.

48-month extension letter arrived yesterday. I-751 was sent back in May, 2021, so it's coming up to 2 years. At least the name was spelled correctly this time. That USCIS careless error took many months and a lot of patience to fix, finally a letter to the NBC USCIS office worked after two failed attempts with the online typographical error feature. N-400 was filed last August, we're hoping for a combo interview soon but it could be a very long wait.

48-month extension letter was received yesterday from USCIS, so they are finally starting to send them out to all pending I-751 applicants. We're hoping for a combo I-751/N-400 interview soon. Good luck everyone with these very long wait times!

Always be truthful when asked any question by CBP at the US point of entry. You would be wise to take documents showing your strong ties to your home country, such as property owned, current job to go back to, etc. if they ask for it. Whether you try to visit the US on a B visa or ESTA, entry to the US is always at the discretion of the CBP officer, having a visa to visit is not a guarantee that you be allowed in. Many have visited the US to get married and then return to their home countries to wait out the spousal visa process.

N-400 extension for recent filers is only for 24 months after the green card expiration date. OP already has this with the I-751 filed and a 24 month extension letter. Best path forward is to file an N-400 and see if that helps move the I-751 along, and contact USCIS to try to get the "promised" 48-month extension letter for the I-751. If that doesn't work (and others who have tried have not been successful), then try to set an appointment with USCIS for a local office ADIT stamp in the passport. I have not seen one VJ post on someone with a pending I-751 who has received the 48-month extension letter yet, they seem to be very slow on following up on their own "policies." My husband is still waiting for it.

https://www.seattletimes.com/nation-world/nation-politics/george-santos-married-a-brazilian-woman-house-is-asked-to-find-out-why/

The issue of your employment and income will not be relevant until the NVC stage (I-864), and the visa interview for the beneficiary at the consulate/embassy abroad. That is likely many months from now, so you have plenty of time. If you get a good job after graduation, your income should be sufficient as financial sponsor and you would likely not need a joint sponsor.

Based on the little information that you've shared, your case is likely to be closely scrutinized by USCIS. An attorney is highly recommended.