carmel34

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.