carmel34

This type of evidence is only needed if there are red flags in your case that would cause greater scrutiny when considering how bona fide the marriage relationship is. Based on your previous posts, your K-1 was denied, you are originally from Sierra Leone, and your husband is from Nigeria. All of those facts will likely mean careful scrutiny of your marriage relationship. I do recommend as much documentation as you can provide to show multiple trips and lots of time spent together in person, and as much financial co-mingling evidence as you can gather (e.g., husband as authorized user on your US credit card, beneficiary on your US health insurance, life insurance, retirement accounts, IRS tax transcripts showing that you filed married jointly, will, living will, power of attorney for both of you). The letter you are asking about will not help and could even hurt in your case. Nigeria has a history of fraud that will make the quality of the documentation to support the I-130 petition, with more similar evidence added at the NVC stage, after the petition is approved, very important. Good luck!

Directly from USCIS: Q1: What is an Affidavit of Support Under Section 213A of the INA? A1: Congress amended INA 212(a)(4) in 1996 to require that certain immigrants submit a sufficient Affidavit of Support Under Section 213A of the INA (Form I-864 or Form I-864EZ) executed by a sponsor to avoid a finding of inadmissibility under this section. The new section, INA 213A, specifies who meets the definition of a sponsor, which immigrants must submit a sufficient Affidavit of Support Under Section 213A of the INA, the scope of a sponsor’s obligations, and how an affidavit of support may be enforced. By executing an Affidavit of Support Under Section 213A of the INA, a sponsor creates a contract between the sponsor and the U.S. government. Under this contract, the sponsor agrees: To provide support to maintain the sponsored immigrant at an annual income not less than 125% of the federal poverty line (or 100% if the sponsor is on active duty—and not in active duty for training—in the U.S. armed forces and petitioning for their spouse or child) during the period the support obligation is in effect; To be liable for any reimbursement obligation incurred from the sponsored immigrant receiving means-tested public benefits during the period the obligation is in effect; To submit to the jurisdiction of any federal or state court for enforcing the support obligation; and That the U.S. government can consider the sponsor’s income and assets as available for the support of the sponsored immigrant when the immigrant applies for means-tested public benefits. Receiving means-tested public benefits does not disqualify someone from becoming a sponsor. However, means-tested public benefits cannot be included as income that is used to meet the income threshold. Benefits Considered DHS will only consider public benefits as listed in the rule, including: Supplemental Security Income; Temporary Assistance for Needy Families; Any federal, state, local, or tribal cash benefit programs for income maintenance (often called general assistance in the state context, but which may exist under other names); Supplemental Nutrition Assistance Program (formerly called food stamps); Section 8 Housing Assistance under the Housing Choice Voucher Program; Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation); Public Housing (under the Housing Act of 1937, 42 U.S.C. 1437 et seq.); and Federally funded Medicaid (with certain exclusions).

I-485, it is also a good idea to include forms I-765 and I-131 at the same time, with the I-485, in order to receive an EAD (work authorization) and Advance Parole (for travel outside the US with the ability to return) card, while waiting for the I-485 to be adjudicated.

The IO will only consider her ties to Canada. Full-time job, property ownership, etc. Married to a USC they will consider immigrant intent likely, as she can enter with a B2, stay and adjust status through you. This sounds like a borderline case, could go either way. If she is denied a tourist visa, she should focus on getting Canadian citizenship so she can visit the US without a visa. Good luck!

I had similar circumstances, moved back to Canada from the US with my spouse and kids who were 10-year green card holders and Canadian citizens. After three years in Canada, when I (US/Canadian dual citizen from birth) got a job in the US, I researched all the options and we decided to just file for new immigrant visas for them, but back in those days DCF was available from Canada and it only took three months, so we all moved back to the US together. At their interviews (Vancouver consulate), they took their old green cards and put new immigrant visas in their Canadian passports, and the new green cards arrived a few weeks later at our new house in Texas. We did not try to enter with the old green cards, even though they were still valid, because 1) the risk of having to eventually to appear before an immigration judge and prove that their LPR status was not abandoned (we had no evidence of this), 2) we crossed the border with a huge U-Haul truck filled with furniture (so it was very obvious that we had moved out of the country), 3) we were importing a car that we purchased in Canada, and 4) DCF made the process fast so it was easier and less risky. Now that consular processing for a new IR-1 takes 1-2 years and DCF is mostly not available from Canada, it is a different situation. Your decision, do the research and good luck!

Contact USCIS, say "infopass," set an appointment for an I-551 stamp in your passport, it is good for a year while you wait for ROC.

Neither path is fast. Whether you go with K-1 or get married and go with CR-1, you are looking at 1-2 years if all goes well, maybe longer if there are delays. She can visit you in the US or you can visit her in Canada during the process, for short stays, and she can enter the US to visit you and get married, but she will need to return to Canada to wait out the process.

McKinsey's immigration attorney will know the answer to your question about the feasibility of the timeline for an H1B and whether a February 2023 start date is even possible. Ask if they are willing to pay the extra $2,500 for premium processing which takes 2 weeks. Also ask about the end date of your academic program, F-1 authorized stay, and when you have to depart and return home, as you don't want to accrue any overstay days. Most likely you'll have to leave the US and continue to pursue this from Sweden. It could take a long time.

Brazil allows dual citizenship in the following two situations: III. Dual or Multiple Nationalities The Federal Constitution provides for the possibility of Brazilians having dual or multiple nationalities/citizens in two cases: • when there is recognition of original nationality by foreign law. In this case, nationality derives from foreign law, which recognizes as nationals those born in its territory or children/descendants of its nationals; and • when there is an imposition of nationality by the foreign law, through a naturalization process, on the Brazilian residing in a foreign state, as a condition for staying in its territory or for the exercise of civil rights. The second situation applies to Brazilian citizens who naturalize as US citizens, for the exercise of civil rights, such as voting. My husband, a Brazilian citizen, filed his N-400 in August and researched this question extensively prior to doing so. Although the Brazilian government could argue in court that naturalizing in the US is voluntary and therefore not imposed, one could defend this based on the need to become a US citizen in order to vote, which is a civil right. In reality, the Brazilian government does not pursue these cases anyway, so it is moot.

Your file is at NVC, so that is the next expedite request you should submit. If NVC approves and once your file is at the embassy/consulate, you can request another expedite, but that will not speed things up much since once NVC schedules the interview it is typically only a few weeks later. Focus on the NVC right now and hope for the best.

Your "other sources" are wrong. She is in the US as a LPR, so just because of infidelity or divorce you can't withdraw I-130 or I-864. She can file for removal of conditions to get a 10-year green card with a divorce waiver. The question of your financial obligations to her, if any, will be determined in the divorce process. The I-864 could be used by her divorce attorney in the divorce negotiations or court case, but it is rarely enforced by the US government. The I-864 is a contract between you, the primary financial sponsor, and the US Government, and is in force even after divorce and/or infidelity. If your beneficiary uses certain public benefits, the US government can sue you for reimbursement, but this rarely happens. Focus on the divorce, your own happiness, and move on. Your wife's immigration journey is now her own. Good luck!

Text messages and phone/video calls are not strong evidence of a bona fide marriage relationship. Focus more on gathering evidence of time spent together in person. You have only one visit in person, when you got married. You will need many more visits to be successful, go as often as you can throughout the process. Save original boarding passes from each trip, also include passport stamps and hotel receipts. A few photos together from each trip would also help show that you were together in person. Some financial co-mingling evidence will also help convince the interviewing officer that the relationship is bona fide--joint credit card account (or the foreign spouse as an authorized user), add your husband to your US health insurance (all you need is your marriage certificate and his date of birth) and as the beneficiary on your US life insurance, bank accounts, and retirement accounts. See an attorney and prepare a will, living will, and power of attorney for each other, and sign/notarize them on your visit in February. Submit all of this evidence with the I-130 petition, and continue to visit and add more documents to your file to upload at the NVC stage about a year later whenever the petition has been approved. Good luck!

A green card is for living in the US. Your LPR status does not have to be "surrendered," in your case you abandoned it when you decided to live in another country for 7 years. Renewing your green card while living abroad smells like fraud to me, why risk the consequences of that? If you would like to live in the US, ask one of your USC parents to file an I-130 to petition for you, the process will only take 1-2 years.

I-485 processing time for Oklahoma City is showing 15 months according to uscis.gov: https://egov.uscis.gov/processing-times/

Obvious scam because they want you to wire $460. Legitimate employers in the US who want to hire foreign nationals sponsor them, pay all the attorney and visa fees, etc. Plus it takes much longer than 15-20 days. No doubt many have fallen for this and similar scams unfortunately.

If you are self-employed, they will want to see your full 2021 US tax return, 1040 and Schedule C. Gross revenue does not equal income for self-employed sponsors. Also take any supporting documentation such as bank accounts showing deposits from customers, and your company's most recent income statement and balance sheet from your accountant.