carmel34

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.

You can ask for an expedited EAD, but "financial obligations overseas" will be a challenge. Normally expedite requests require financial hardship to the US citizen/LPR petitioner. If you can show that your financial obligations back home are overly burdensome to yourself and your husband, it may be granted. This is one drawback of AOS that many overlook--you and your husband filed documents stating that he has sufficient income to sponsor you financially. I assume that you were upfront with your husband about your previous financial obligations? Debt of one spouse becomes debt of the other, at least that's how the courts view the situation, not sure if USCIS will agree, but it's worth a try. I agree with others that your best path forward is to get a written job offer in the US, conditional on your getting your EAD, and send that in with other documents showing financial hardship to your family unit. Good luck!

If seeing her grandchildren before she gets an immigrant visa to enter the US is a priority, it would be more feasible for the grandchildren and their parents to visit her in Nigeria. She is more likely to get an immigrant visa before a tourist visa appointment is available in Lagos.

My husband came to the US in 2019 on a CR-1 visa and very soon after arrival he got a learner's permit and it was simple to add him to my California insurance for our two cars, I think it was Progressive. He was also over 25. Call Progressive and Geico and ask for quotes, explain the situation about multiple drivers too, and you may be able to get your own policy, separate from AAA. They may charge a higher premium for recent arrivals in the US. I hope you can figure out a solution.

Similar timeline for my husband, he filed an I-751 in May 2021 and only has a 24 month extension letter. No 48 yet. He was waiting for the 48 month letter to renew his driver's license, which was going to expire in two weeks based on the original 18 month extension letter he received. But the 48 month has yet to arrive, so he went in a few days ago to renew the DL until August. No movement on the I-751, it's been 21 months already. No movement on the N-400, waiting 7 months now. Thanks USCIS!

Montreal is very strict on US domicile for the USC petitioner. To make this work, most petitioners in your situation return to the US after filing the I-130 petition, to establish a residence and start working about six months before the Canadian spouse's anticipated visa interview date. So plan on a period of separation in order to satisfy the US domicile requirement. Of course, you can visit her in Canada as often as your work schedule allows, during the spousal visa process. You don't want to take a chance and add more months of waiting to a process that is already way too long. Good luck!

Evidence of time spent together, in person, is the best way to show that the marital relationship is bona fide. This is an attempt by USCIS to weed out fraudulent marriages. Send a few photos of the wedding, with the couple, with family, etc., also photos from other trips together, include original boarding passes from your trips, hotel receipts, passport stamps showing entry and exit dates. Financial co-mingling is helpful, but not required, as it is difficult while living in separate countries but not entirely impossible as others have recommended ways to do this. Affidavits, if sent, are simple statements from people who know you as a couple, who attended your marriage, etc., signed "under penalty of perjury." Affidavits are the weakest evidence because they can easily be fake. Good luck!

Other than charities, non-profits and churches, your best option would be to find a job that pays more so that you can hire someone to help take care of him while you are at work, or find a second job to pay for his care. You also need to sign him up and pay for his health insurance, check out the ACA website. You are putting yourself in a very precarious financial situation without health insurance. One long hospital stay could bankrupt you.

I had an aunt from Canada who felt the same way. She married a US citizen and lived the rest of her life in the US as an LPR (58 years), and died in the US as a proud Canadian citizen. She knew she could be a dual citizen but didn't want to do it.

An F-1 student visa could be a possibility for her granddaughter, but it would be very expensive if it is a private school, and she would have to apply with evidence that she would return to her home country after completing the program. Typically only very wealthy families can afford to do this. Check out the link below for more information on applying for an F-1 visa: https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

It's up to USCIS to go after individual marriage fraud cases, they do this in the regular process of adjudicating petitions, adjustment of status, removal of conditions, naturalization, etc. We regularly hear on VJ of stories where USCIS shows up at someone's residence unannounced, to see if in fact a couple lives together. And anyone who has hard evidence of marriage fraud can send it to USCIS. Both petitioner and beneficiary can be prosecuted if there is evidence to prove the fraud; whoever is knowingly complicit is violating the law. Given the large number of cases that USCIS deals with every year, and the huge backlog, they may not have the personnel or bandwidth to investigate every fraud report they receive, so some may fall through the cracks.

The answer to your question is embassy/consulate specific. For example, if it is Montreal, they are very strict on the petitioner's US domicile, this typically requires the petitioner to move to the US and establish a life, residence, and income before the beneficiary's visa will be approved, so a period of separation is involved, 3-6 months or more. For other countries, they are less strict on US domicile for the petitioner, and documents to show "intent to re-establish a US domicile" can be sufficient. Sharing the specific country where the visa interview will take place will help you to get more accurate answers.

Upload any additional evidence of time spent together and financial co-mingling (not the money transfers) at the NVC stage as an "additional document," after approval of the I-130 petition.

The tourist visa will not be cancelled providing that she does not overstay an I-94 or does not work while in the US. Visiting on a current tourist visa and being admitted for short visits (a few weeks each time) throughout the consular spousal visa process may be possible if she can show strong ties to her home country (job, property owned, other responsibilities/commitments) if asked. Of course she'll have to be completely honest when asked the purpose of the visit at the US point of entry, and when the I-130 petition is in the system, CBP will be able to pull it up on their computers. Many others have done this successfully. 1-2 years from filing the I-130 petition to visa interview.

This is not true, not sure where you heard this. There will be no problem returning to Korea to complete the NVC and consular interview process if the I-130 is approved when you are visiting the US. The only potential issue would be that your wife's entry to the US could be questioned because a pending I-130 shows immigration intent. It will be up to the CBP officer. You should take evidence showing her strong ties to Korea (job, ownership of property, etc.).

My husband who came to the US on a CR-1 visa has two last names, separated by a space, as his surname: e.g., Jones Smith, no hyphen. No middle name, and one given name: e.g., John. He has had no problems whatsoever. His Brazilian passport, CR-1 visa, green card, driver's license, SS card, IRS tax returns, bank accounts, health insurance, credit cards, I-751, N-400, etc. all have his name this way: first name: John middle name: last name/surname: Jones Smith

I agree with the advice given so far. My husband and I got legally married in Brazil, with a small group of his family members present. Then a year later, when he arrived in the USA with a CR-1 spousal visa, we had a larger wedding "celebration/dinner" with my family. When he filed his I-751 package 18 months ago, he included a few photos, clearly marked as a wedding celebration, not a marriage. He also included a few photos from our marriage in Brazil, and lots of other financial documents to show that our marriage is bona fide, from the date of marriage until filing the I-751. He's still waiting for the I-751 interview as well as the N-400 interview. We're hoping for a combo interview later this year. Good luck!

At some point, reporters may be able to discover how Mr. Santos obtained US citizenship, assuming that he is a USC. It will be interesting to see how things may play out if he is found guilty of a campaign finance crime and/or if he lied on any immigration or naturalization forms, which seems likely given his sociopathic lying tendency. Does anyone know if he came to the US on a tourist visa and then married a US citizen to obtain US citizenship? At some point, his ex-wife may speak to the press. My Brazilian husband is following the news stories in Brazil about the fraud charges that he ran away from a few years ago. It's possible that he could have his US citizenship revoked and be deported.

Getting insurance should not be an issue after entry on a K-1, however the issue could be with the documentation to show legal presence to apply for a learner's permit. Michigan may give you a learner's permit that is only valid until the I-94 date, typically 90 days after entry to the US on the K-1. Filing for adjustment of status after marriage may not suffice to get either a learner's permit or driver's license in Michigan that extends beyond the date on the I-94. You will likely need an EAD card or green card for that, which can take many months. Check these resources: https://www.michigan.gov/sos/all-services/first-time-license-or-id

Don't file an I-90. She needs to file an I-751 with supporting documents, best time to file is 89 days before the conditional green card expires.

Current wait time for a B2 visa appointment in Tunis is 150 days: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

Assuming that you have a two-year conditional green card, you can file for removal conditions (I-751) with a divorce waiver. So if you eventually divorce, it should not negatively impact your eligibility for naturalization, other than the fact that you will have to wait five years since the date on your green card. A divorce will most likely cost more than just attorney fees, depending on your state law you may have to pay alimony and also child support. I suggest that you get a better-paying job or a second job to be able to pay for everything. Good luck!

Seems like you're getting ahead of yourself, asking whether or not you are eligible to petition for a new foreign wife when you are still married to your current one. Of course any US citizen can petition for a spouse, that's the law. Whether the process is smooth or rough however, depends on the circumstances. In your case, the timing of your naturalization, separation/divorce, relationship with a new love interest abroad, and eventual engagement/marriage and petition filing, could lead to a great deal of scrutiny. So tread lightly and take your time, don't rush into a new relationship. A word of warning: if you already have someone in mind, from your home country, and have started a relationship with her, either in person or online, this would likely be discovered in the immigration/adjustment of status process and your US citizenship, granted through your current (bona fide) marriage relationship, could be revoked.

I agree with others that the best path forward is to use ESTA for the person from Italy to come for short visits (a few weeks max) to the US during the I-130 and CR-1 processes. Strong ties to Italy would be questioned in a B2 application with the intent to stay in the US for long visits, up to six months at a time. Most people with strong ties to their home country have a job, own property, etc. which make it difficult to visit for five or six months. Plus there is the relationship with a significant other in the US that will weaken further their ties to Italy. The risk with a B2 is if it is denied, the person loses ESTA, so are you prepared to visit your love interest in Italy during the I-130/CR-1 process?