carmel34

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?

This is one of those cases where an experienced attorney in your home country, familiar with both adoption law and US immigration law, would be well worth the expense. It will take time and money, and if you want to wait for her, the best way for that to happen would be to delay your interview until her adoption is done, a petition filed for her, and all requirements of US immigration satisfied. Since your US husband will be the petitioner, he will need to live with you and your sister after she is legally adopted, in your home country, for two years before he can file the I-130. The whole process could take 4 years or more before she could get a visa to immigrate.

Joint sponsor will be needed or the visa will be denied. You need a joint sponsor with a I-864 and supporting financial documents. You can tell the interviewing officer that your husband is unemployed with current income of zero.

Are there any additional pages following this one? At the top of this page it gives the deadline for submission and says "Please provide the evidence requested below." After that there is nothing specified to send in. There must be more or the page(s) is/are missing. Add the additional page(s) here for best advice or call USCIS and ask for a tier 2 officer.

Foreign, self-employment income of the beneficiary/immigrant that would continue after she immigrates to the USA will always be subject to a high level of scrutiny. Solid, W-2 income from a steady job in the US is what consular officers prefer as it is more credible and less likely to stop. You can try to justify the continuation of the self-employment income after she becomes resident in the US, but if it does not work, a US-based qualifying joint sponsor may be needed. I suggest that you start lining up a joint sponsor if you end up needing one.

You have received very good advice in the merged threads. She has a 2-year green card, and can remove conditions on her own with a divorce waiver. The I-864 is a contract between you, the primary financial sponsor, and the US government. If she gets means-tested government benefits (which are very narrowly defined), the US government could theoretically ask you to reimburse them, but this rarely happens. Don't worry about it. Focus on the divorce. She could try to use the I-864 in the divorce trial as leverage (do NOT settle with her), but your attorney will counter that with evidence of her infidelity and hidden, malicious intent to use you for a green card. The divorce judge will decide what, if any, financial arrangement to impose on you in divorce court. An experienced, aggressive divorce attorney is what you need to get this done, then move on.

Your US citizen boyfriend needs to complete and submit the I-129F petition, not you. The visa application for the K-1 comes much later in the process. I-129F petitions take about a year to be adjudicated after submission. I-129F petitioners are also required to disclose their criminal backgrounds with documentation, which could add more time to the process. Were any of the convictions for Adam Walsh Act offenses?

You apply for the marriage license online, Utah County website, then schedule the Zoom marriage. It's fast, easy, and valid for US immigration purposes. Many have done this in similar situations to yours. CR-1 spousal visa is far superior to K-1 and about the same processing time from filing the petition to visa interview. Do more research on the I-864 and financial sponsorship. You will need sufficient US-based income and evidence of US domicile or intent to re-establish US domicile as the primary sponsor. You can also find a qualified joint sponsor.

Lagos is about 2 years for a spousal visa, so likely somewhere around November 2025 if all goes well. I also recommend that you try to visit her in Nigeria during this very long process as often as you can. Not only will this help with the relationship and feelings of missing each other, but documentation of those visits (upload at the NVC stage) will greatly increase the likelihood that the visa will eventually be approved. I visited my husband 8 times in Brazil while waiting on the CR-1 process. One advantage of the long wait in Lagos is that your wife will probably get an IR-1 visa and a 10-year green card on arrival in the US, bypassing the very crazy I-751 and removal of conditions process.

The best path forward through the Montreal Consulate is for your US citizen husband to move to the US 4-6 months before your estimated visa interview date, to establish domicile, get a driver's license, rent or buy a place to live, open a checking account, etc., and get a job as your primary financial sponsor, then he can go up to Canada for a week to help you move to the US after your visa is in hand.

Current W-2 income is best, with liquid assets like cash in a savings account next. The interviewing officer will look at the totality of the petitioner's circumstances and make a judgment, and the I-134 income requirement is lower than the I-864 for adjustment of status after marriage on the K-1. If your current annual income is borderline, liquid assets could help but there is no guarantee. Have you considered a joint sponsor?

Just be aware that any entry to the US is at the discretion of the CBP officer, whether land crossing or airport. They tend to be very wary of Canadians who enter too frequently and stay too long. There is no written "rule." Plus, they will be able to see on their computer system all of her previous entries. Short visits of a few weeks each, with plenty of time between visits, will be less likely to be cause for concern. The default is to assume that she is trying to live in the USA without the proper visa. You should also seriously consider visiting her in Canada more often to avoid problems during the K-1 or CR-1 process.