carmel34

Does she plan to go back after getting married? If her intent is to stay after marriage and file for adjustment of status, that is visa fraud since B2s are for visiting only. This could be the reason for the revocation and if so, it may not be possible to overcome during the interview if she is completely honest, which is always the best. She should never lie to or mislead a consular officer. You should prepare with a backup plan to get married outside the US if her B2 visa is not approved/reinstated and then file for a proper immigration visa for her as your spouse (CR-1, file an I-130, takes 1-2 years).

Your son may have to travel to the USA on his own, so be prepared for that possibility. I assume that he has his own visa (F-1), or other status to enter the US without you, correct?

Here's a related thread with some informative links:

She should be prepared to answer the question, "How are you able to stay in the US for six months if you have strong ties to your home country?" Does she have a job in her home country that she has to go back to, and if so, how is she able to stop working for six months? Does she own property and have other obligations in her home country? A six month proposed stay will raise red flags. Most people can only get a few weeks off work to visit the US temporarily on a B2 visa. I agree with others that she is more likely to be admitted on a short visit of 3-4 weeks max.

B2 visas are only reviewed and issued by the Dept. of State, so the US embassy is your only option to request an expedite. NVC is not involved at all with tourist visas.

He can file a petition (I-130) petition to start the process, and list both wives on the application, but it will be denied. Polygamy is illegal in the USA.

DCF is more likely to be accepted if the US citizen spouse has a written job offer in the US and has to relocate to start the new job in the very near future. Grandmother's health will not work. Wife is not living in Ukraine so that is also a weak reason for DCF. Focus on getting a job offer in the US with a start date in the next two or three months. Be prepared for a plan B if DCF is not accepted, best and most likely path is file the I-130 with USCIS and wait out the spousal visa process while living in Georgia. You will need a US-based income for the I-864 in about a year or a qualified joint sponsor, and proof of US domicile or intent to re-establish a US domicile. If all goes well, she should have her spousal visa in 1-2 years.

Your "friend" needs an experienced US immigration attorney. This is not DIY.

If your fiancé is in Tunisia, per your profile, my advice is to slow down and spend more time together in person. Make multiple visits to Tunisia, and document everything to send with the I-129F, or get married and file an I-130. If you rush things, given your timeline and the difficult consulate, there will be more scrutiny of your case and a greater chance of denial.

Did your husband state falsely that he was married on a previous application for a visa to enter the US? VJ has seen this scenario before, a male from Nigeria is told that a B2 is more likely to be approved if married vs. single. After B2 denial, another visa application is filed, in your case K1, now CR1/IR1, and there is no legitimate divorce decree because there was no legitimate prior marriage. Was the fake divorce decree purchased for this reason? Did you or your attorney request the full case notes from the K1 denial via FOIA? What is the timeline he is claiming is true now, with previous marriage, true divorce, your marriage dates? There is likely more to this story.

A couple of points you should bring up with your husband: 1. He is your primary financial sponsor, that means he should be providing sufficient money to support you, not only during adjustment of status (he will have to sign a I-864), but beyond that for ten years or until you are a US citizen. 2. Financial co-mingling is strongly recommended if you want to be successful with the adjustment of status application and an eventual green card. This means a joint checking account, shared credit card, etc. where you have access to his money as needed. Bring these up with your husband in a frank conversation.

The income +25% for 2024 for a household of 5 is $45,725. If you are below or just over that amount for your current income (proof would be some recent pay stubs and a letter from your employer), you should re-submit the I-485 with a joint sponsor (I-864 with supporting financial documents). You are always the primary sponsor so you will need your own I-864 with supporting documents.

Your conditional green card is valid until March of 2025, so you should file an I-751, divorce waiver, with supporting documents as evidence that your marriage was bona fide by January to be safe. If you have decided for sure on divorce, start the process immediately. When you file the I-751 in January, you might already have a divorce decree, in that case, include a copy. If the divorce is still in process, explain in the cover letter that the divorce process started in May, 2024, and is still pending. The RFE requesting the divorce decree may take a few months, because I-751s take forever to process, so unless your divorce takes more than a year, you should be fine. Yes, you will get a 48-month extension letter after filing the I-751. USCIS will not normally be persuaded by an angry ex if you have good documents showing financial co-mingling and cohabitation since the date of marriage until separation/divorce. Most ROC cases with divorce waiver are approved. Best advice is to get a good divorce attorney. Good luck!

Both options, K-1 fiancée or get married in Columbia now and go with CR-1, take 1-2 years before she will have a visa to move to the US. She can study in Columbia while waiting for the process, English and other classes. How long have you known this "young Columbian woman and her son?" I would be very careful and take your time, to make sure she really loves you and not just the US immigration and financial benefits. Ask her if she is okay if you get married and live in Columbia permanently, and watch her reaction. Your US $ retirement benefits will go much further in Columbia, so I would consider that option.

You need documentation to show your US residency (actually living in the US) covering the entire time period they are questioning to qualify for CRBA: US driver's licenses over time, school/college records in the US, medical records from the US showing visits to doctors, voter registrations in the US, utility bills in the US in your name, etc. US Bank accounts and IRS tax returns are not sufficient on their own since you can easily have those while living abroad.

This is the best way. CR-1 is far superior to K-1. Get married in Brazil, then start the spousal visa process. It will take 1-2 years from filing the I-130 petition to the visa interview in Rio. You will need to have sufficient US-based income to be her financial sponsor, liquid financial assets, or find a qualified joint sponsor in the US. Good luck!

Montreal US Consulate has a very strict interpretation of US domicile. Evidence to show intent to establish US domicile is usually insufficient for Montreal. She may have to move to the US a few months before your visa interview to satisfy the IOs in Montreal, get a place to live and a job in the US to be your financial sponsor. Search the Canada portal for many threads on this topic.

This will likely add more time to the process for the background checks regardless of K-1 or CR-1. Both take 1-2 years, but in your case, it may be longer.

Your I-129F petition was only approved in February. Montreal is very backlogged for interviews, it could take many months before yours is even scheduled. Even after you get an interview scheduled, there is no guarantee that the K-1 visa will be approved, and if it is, no set timeline for how long after the interview it will take to get your passport back with the issued visa in it. Some in your situation have even seen Canada Post lose the passport. As for wedding planning, it is impossible to predict exactly when you will have the K-1 visa, so you should be flexible and not commit to any specific date for the wedding. We have seen other couples here on VJ who made wedding plans, sent out invitations, spent money on expensive, non-refundable deposits for venues, etc. and then saw K-1 visa delays and had to change everything. On rare occasions, a K-1 visa holder is denied entry at the US entry point. Hopefully, none of those delays will affect your case, but they could. The US Dept. of State clearly warns visa applicants: "Please do not make firm travel plans, such as buying a ticket or scheduling events, until you have your visa and IV packet in hand." https://ca.usembassy.gov/visas/fiancee/visa-approval/

DCF would be more likely to be approved if you had a written job offer letter with a US employer.

Another endorsement of the CR-1 spousal visa recommendation from me. There are so many advantages that it baffles me why some couples even consider K-1. Not only is the processing time about the same these days, but keep in mind that if the K-1 is denied, there is no appeal, it is simply is sent back to USCIS to die. K-1s also have a higher denial rate. You do not have to live together after marriage for a spousal visa, many of us here on VJ were successful while living apart. Good luck whichever path you choose.

B-2 tourist visa applications and interviews assume immigrant intent, which must be overcome by the applicant. The stronger their ties to their home country (good long-term stable job/income, property owned, etc.) the more likely that they will be approved. Each adult applicant will be considered separately and has their own interview. Having relatives in the US weakens the ties to their home country, and increases the likelihood of overstaying in the US as many have done this before. Another piece of evidence showing weak ties to Colombia and stronger ties to the US is the fact that you are paying for everything. No one here can predict with certainty how this will turn out, all they can do is apply, interview, and hope for the best.

Best path forward is for your US citizen boyfriend to visit you in Canada, get married, then he returns and files an I-130 petition for you after he has the marriage certificate. Another option is to get married online via Utah County, then after he visits you in Canada he can file the petition with the Utah marriage certificate, which may be faster depending on the province in Canada--some take many weeks to issue the marriage certificate. You can try visiting the US again, but since you have been flagged already on your most recent attempt and denial of entry, it would be better if he visits you in Canada during the CR-1 process, which will take about two years from the date of filing the petition. Your denial of entry will not affect your CR-1 visa process. Good luck!

Better way to do this is to print quarterly statements, all pages, showing that both of you used the credit cards since marriage to the time of filing. Do the same for your joint checking account. Financial co-mingling is the strongest evidence for removal of conditions. My husband's I-751 package was more than 500 pages.

You should also apply for the baby's US passport at the same time as the CRBA appointment.