carmel34
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Everything posted by carmel34
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I assume you will return to the US together after the wedding. If so, and you go through the same line together at the POE, it increases the chance that they will ask questions about your relationship. If so, be completely honest. Hopefully everything will go smoothly. Korea is not a high-fraud country so you should be okay.
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Help with next steps on Fiance Visa
carmel34 replied to enh's topic in K-1 Fiance(e) Visa Process & Procedures
At this point you wait to hear from the CJ consulate for next steps. CJ is very backed up, it may take many months before you get an email regarding the K-1 visa interview scheduling. Check the Mexico forum for posts regarding the long wait time. -
The F-1 visa denial is now part of her permanent record. ESTA will very likely be denied because of this. She could apply for a B-2 tourist visa to visit you for a few weeks and then return home, but given her track record and a boyfriend in the US, that could be difficult as well. If you really want to be together, either file an I-129F petition for a K-1 or get married in Spain and file an I-130 petition for a CR-1. Both take about the same amount of time, 1-2 years, before she can enter the US. Visit her in Spain as frequently as you can during the long wait.
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No. He applies on his own. An invitation letter could reduce his chances as it shows stronger ties to the USA than his home country. He has to be absolutely truthful on the visa application and include all relatives in the US and his actual marital status. Nothing fake or omitted.
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- visitor visa
- b-2 visa
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Extension
carmel34 replied to LuFlolady's topic in Removing Conditions on Residency General Discussion
You should consider filing an N-400 for naturalization. Doing so could speed up the I-751 as it has for many here on VJ, request a combo interview. -
This does not seem correct for Pakistan or any other country. What is your source? Of course there have been many cases here from Pakistan, both spousal and fiancé visas that have been approved. Both take longer than most countries because of the extended background checks/administrative processing, but the 4-5 years vs. 18 months is not supported by data. In fact, K-1 can be more difficult for Pakistan beneficiaries, but each case is different. Photos are not required if you have other evidence of meeting in person in the two years before filing an I-129F petition. You should visit a few more times after filing the petition while waiting for it to be adjudicated (15-18 months), take a few photos of the two of you together, and your beneficiary should take them to the K-1 visa interview.
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The I-134 asks for income and assets for both the beneficiary and the petitioner. With a combination of the petitioner's income (you say is insufficient but not by how much), and both petitioner's and beneficiary's liquid assets in US dollars, you may be OK, but it is hard to predict without the specifics. Read the I-134 and the I-134 instructions very carefully. Attach evidence of the assets (bank statements). A joint sponsor would be safer, but if you don't have one, hope for the best. Good luck!
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Timeline for the above statement to be true will take 6 years if all goes well: 1. Get married in Thailand via Utah Zoom marriage, January 2024 2. After marriage certificate arrives, file I-130/I-13A online from Thailand, February 2024 3. I-130 petition approval, approximately May 2025 4. NVC stage, DS-260, August 2025 5. CR-1 visa interview, approximately November 2025 6. Enter the US on CR-1, December 2025, become an LPR (legal permanent resident) 7. File I-751/ROC removal of conditions, September 2027 8. File N-400, naturalization, September 2028, request combo interview with I-751 9. Combo interview, N-400/I-751 maybe September 2029 10. Oath ceremony, receipt of naturalization certificate, November 2029 11. Apply for US passport, November 2029 12. Receipt of US passport, January 2030, then the spouse will have the same status, US citizen with a passport, free to travel/live abroad, visit, etc.
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Me and my husband have a dilemma!
carmel34 replied to Adlitam's topic in General Immigration-Related Discussion
The processing times for naturalization have been very good lately, some cases are done in 4-5 months nowadays. If this holds or even speeds up, you could have a combo I-751/N-400 interview in November of 2025, that's only six months after your May 2025 potential plan to move to Sweden. Why not wait those six or seven months to be done with USCIS and leave with a US passport? You'll be able to come and go much easier, either to live/work or to visit as a tourist. -
Yes, it is an employment-based green card, you will be an employee for the company who sponsored you. Employees are paid and receive benefits and have taxes deducted automatically based on the W4 that you will complete when you start working. A W2 is the form you receive in January for the previous year, it is a record of wages paid and taxes deducted. You will be an employee, not an independent contractor.
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Yes, this is correct. You complete the I-130A PDF, save the file, and upload it as an additional document when completing and submitting the I-130 online. When you refer to AOS and I-864, it is clear that you mean the "affidavit of support," not "adjustment of status," also referred to as AOS so this is where some responses may have been confused. The first step is I-130 and I-130A. Then you wait a year or more for the petition to be adjudicated and sent to NVC (National Visa Center), which can take 1-2 months. When your file gets to the NVC, you will be asked to upload a completed I-864 (affidavit of support or AOS) with supporting financial documents for the primary sponsor (spouse), and any joint sponsors. You have 1-2 years from filing the I-130/I-130A to figure out financial sponsorship and US domicile for the US citizen spouse. The NVC stage also requires the DS-260 and uploading of some civil documents. You can also upload additional evidence of the marriage relationship at the NVC stage. Good luck!
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Affidavit of Support with Assets Only
carmel34 replied to JayCeez's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, it will look bad. Joint sponsor is a much safer way to go. -
Whatever you do, don't overstay the terms of your visa. Go back to France before the J-1 expires. An overstay on your record will cause problems down the road. You can apply for another visa from France as others have suggested (F-1, K-1, etc.).
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If you file the I-130 petition now, it's possible that the IR-1 visa will be approved by October, 2025. You can do the I-130 petition online, so do it ASAP. Have you maintained ties to the US? After the I-130 petition has been approved (maybe by May/June 2025), you will need to complete an I-864 to show your financial sponsorship of your husband (or find a qualified joint sponsor in the US). You will need US-based income for the I-864. Also you'll need to prove US domicile or intent to re-establish domicile, so do more research on that. Have you been paying US income taxes while living in the UK? Have you maintained US bank accounts, residence, voting registration, driver's license? Sometimes the US citizen spouse has to move back to the US without their spouse to establish domicile and start earning sufficient US income to qualify for sponsorship. Good luck!
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They want to see hard evidence that you live together at the same address and that you co-mingle finances. Joint checking and savings accounts, all bank statements, all pages, from marriage until now. Both driver's licenses showing that you live at the same address. Utility bills from the date of marriage showing both of your names if possible. Auto insurance showing both names, etc.
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K1 visa expediate
carmel34 replied to Autumn.Andreea's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
An expedite request is free, so give it a try. Make sure to focus only on the medical reason, and include lots of documentation from doctors, psychiatrists, etc. Chances are they will not approve an expedite but if you don't ask you won't know. Also be aware that an expedite at the petition (USCIS) stage does not mean instant visa approval--it only means the petition may be processed a little faster. There would still be the interview stage at the consulate abroad. -
Another Denial
carmel34 replied to mindthegap's topic in Removing Conditions on Residency General Discussion
I really hope that you will fight this and win. Of all the many cases we see here on VJ, yours is one that appears most likely to succeed in the end. Please do periodic updates on VJ so that we can cheer you on and provide the emotional support that you will need to get through this. You have many fans and admirers, which is very evident from the responses to this most recent I-751 denial. Your British courage and determination should serve you well. To quote Churchill: "You ask, what is our aim? I can answer in one word: It is victory, victory at all costs, victory in spite of all terror, victory, however long and hard the road may be; for without victory, there is no survival (May 13, 1940, House of Commons)." "We shall go on to the end. We shall fight in France, we shall fight on the seas and oceans, we shall fight on the beaches, we shall fight on the landing grounds, we shall never surrender (June 4, 1940, House of Commons)." -
Aside from the US immigration advice for both which you have already received, there is an urgent need for both of them to get out of their current place of residence. If you are in a position to help them financially, to move out and get their own apartment, that should be your first priority. Once in a safe place, unknown to the abuser, she should also file for divorce and a protective order.
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Question Concerning Visa
carmel34 replied to Zed01203's topic in What Visa Do I Need - Family Based Immigration
I disagree. Muslim religion permits meeting in person, maybe with a chaperone. A waiver of the K-1 requirement to meet at least once in the two years prior to filing the I-129F is rarely approved. I have never seen one in six years as a member of VJ. OP, CR-1 is the superior visa. Do not get married on the first visit, this is a huge red flag. Multiple visits prior to marriage and filing the I-130 is the best path forward to show that the marriage relationship is bona fide. It will take time and money, but if you are really doing this for love you'll find a way. Good luck!