carmel34

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.

All you can do is wait. VAWA cases can take a long time to adjudicate. No one can predict if your ex-wife's withdrawal of your adjustment of status I-485 and generally being difficult will be enough evidence. Most successful VAWA cases are based on physical violence backed up with strong documentation to prove it. There have been a few on the VAWA threads that were approved based on emotional abuse, but not many. Be ready with a plan B if you are denied and have to go back to your home country. They may also ask for additional evidence of the abuse, so be ready to send more if you need it. I assume that your attorney filed a strong VAWA package and hope that you will get approval soon. Good luck!

There is likely more to the story than just generic "personal reasons." Six months after a combo interview, still waiting for the oath ceremony to be scheduled is definitely not normal. Some applicants are getting their naturalization certificates six months after filing an N-400 these days. There is possibly something unusual here that OP has not shared.

A recommended step in this process is to wait until you receive the interview notice for the N-400, then send a letter to the same USCIS regional office on the naturalization interview notice, requesting a combo interview with the pending I-751, if it is still pending at that time. Include in the letter a photocopy of the N-400 interview notice, as well as the I-751 receipt with the 48-month extension. This worked for my husband's case and he had a combo interview, first the I-751 where I was called in, then the N-400 on his own, both were approved. Some USCIS offices routinely do a combo interview without the letter requesting one, but we have seen some cases here on VJ where a decision on the N-400 was delayed after a successful naturalization interview because of a pending I-751. Good luck!

From what you have shared, you have done everything right, so I agree with others that the probability of approval is high. The previous two K-1 denials may have had something to do with the interviews, maybe her answers were not believable to the officer. Having a sister and aunt in the USA was likely a red flag. I suggest that you help your wife to prepare for the upcoming interview so that if she is asked about her family in the USA, she has an answer that is more focused on you and your marriage relationship. She should know everything about you--past marriages (if any), your children (if any), all of your details including date of birth, place of birth, where you live and have lived in the past, your profession, where you plan on living together, her plans for work, education, starting a family with you, etc. Practice with her to make sure that she answers with confidence, and that her reason for wanting to live in the USA is to be with you. Sometimes people get nervous in the interview and the officer interprets this as not being truthful. Good luck!

This could be an issue for a B2. Ties to home country typically include a stable job and income that would allow you to pay for a short trip to the US as a tourist.

No disadvantage other than taking longer. If Frankfurt says no to the DCF request, the only other option for a spousal visa is to immediately file an I-130 petition online, and include a request to expedite the case based on your written job offer in the US. US immigration is never fast, even DCF if approved takes a few months. Regular processing via USCIS then consulate abroad takes 1-2 years.

Are you willing to relocate to the country where she lives? That would make more sense given her dislike of the USA.

As others have said, an online marriage is only valid for US immigration after you have been together, in-person, once married, or together during the online marriage ceremony. The other challenge you face is that Morocco is well-known to be a difficult embassy/consulate that scrutinizes relationships because of fraud. You will need to spend lots of time together, in person, and submit documentation of those visits/time together whether you choose an I-129F petition or I-130 petition for a K-1 or CR-1. Meeting once before filing a petition is very likely to lead to a denial in your case, and it has nothing to do with a same-gender relationship. Multiple visits, in a third country if Morocco is not possible, is the only way this will work out. You may want to consider spending a few months together in a third country after you get out of the military, to make sure you really want to marry this person and to show US immigration officers that the relationship is bona fide.

I strongly recommend a qualified joint sponsor if you want things to go smoothly. Or get a second job to increase your income.

There are only two options: IR-1, spousal visa, which is for immigrating to the USA to live permanently with you, and B-2 tourist visa, for temporary visits for which she was denied. ESTA is gone forever because of the overstay which is a permanent stain on her record, and an indication of high immigrant intent. As a US citizen, you are required to file federal income taxes in the US with the IRS regardless of where you live.

Update on Simon Guobadia (from Nigeria) case. His USC wife is now divorcing him. https://people.com/porsha-williams-files-for-divorce-from-simon-guobadia-8599102

Many K-1 applicants have been denied a visa for much less. Sometimes an "engagement ceremony" in the beneficiary's home country, prior to entering the US on an approved K-1, has caused a refusal by CBP officers to enter the US. Don't take a chance, register the marriage in Columbia and start over with a CR-1. If you lie about the relationship's true nature in the interview, and the K-1 is approved, it could cause big problems later in the immigration/naturalization process for misrepresentation.

In the US, creating images that some consider obscene or pornography, is completely legal and is protected by the 1st Amendment of the Constitution. There are numerous court cases that confirm this, including the US Supreme Court. A simple Google search will put your mind at ease about this. Child pornography is illegal in the US and could get you in big trouble after you arrive, or could cause a denial of your K-1 visa. If none of your digital images depict children you should be fine. I suggest that you describe your work/career as a "digital art creator." The officer doing the interview in Rio will most likely not even ask you about it. They will be more concerned about the circumstances of how you met, how many times you have been together in person, ability of your petitioner to financially sponsor you, and your past US immigration/non-immigration visa applications/history, if any.

My husband waited until three years since LPR and living together before filing to avoid any problems during the N-400 process. Many file at the 90 days before 3 year mark and are just fine, even though they had not been living together as a married couple for 3 years on the date of filing. We chose not to take a chance just to make sure.

When you file for naturalization, they will look into your complete immigration file, including the approval of I-751 and its circumstances. Conditions were removed based on a joint filing when at the time you were in fact divorced. Do not file for naturalization because it will likely be denied. File a new I-751 package with a divorce waiver and a detailed cover letter explaining what happened. I also recommend a good immigration attorney to assist you so that you don't make any additional errors.

https://bnnbreaking.com/world/nigeria/simon-guobadias-quest-for-citizenship-a-tale-of-fraud-identity-and-the-pursuit-of-the-american-dream

Do you know or suspect the reason(s) for the I-751 denial? Refiling a new I-751 will likely be denied also unless you fix the problems with the first one. Same goes for NTA. An immigration judge will look at all the evidence, so either way you need to be very thorough. If you get an NTA and go to court, an experienced attorney is strongly recommended.

I assume that your son is living in the US and that he is 21 or older?