carmel34

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.

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!

Please confirm that the I-130 was approved (and NOA2 received) in a month or less. If so, it is a very rare case unless DCF.

You have the NOA1 so all is normal, nothing to worry about. Online case status is not important and often inaccurate. Now you just wait... patience is key. You won't hear anything for many, many months maybe a year or more while the petition sits in a pile and collects dust.

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.).

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!

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.

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.

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)."

DO NOT get married on the first visit after one month of online chat. For Sierra Leone, you will need multiple trips to see each other in person, prior to getting married, before you file an I-130 petition. If you disregard this advice, your chance for approval is very, very, low.

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.

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!

Lying on two non-immigrant visa applications (F1 and B2) about marital status is material, and also taken very seriously because the applicant signed the DS-160 verifying that all information is true and accurate. Another problem is that she also lied about this if questioned in the visa interviews, making the situation even worse. As to the purpose of her visit, if it was to visit you and she did not disclose this on the forms or interviews, it could add to the lack of confidence that USCIS/DOS have in her truthfulness. Yes, a waiver is possible in misrepresentation situations like these, but it is only available at the discretion of the officer, you can't force a waiver with a WOM. I suggest that you start working on plan B and move to her country.

No taxable income will not look good for a joint sponsor. What is his current income, and do you have six months of recent pay stubs, letter from the employer to document it? All this is needed for a joint sponsor to work out. You may want to wait until his 2023 tax return has been done and include that too.

They can ask about anything in the naturalization interview, including the VAWA-based 10-year green card. Tell the truth and hope it goes well.

So sorry to hear this. I have followed your journey for the last six years and always appreciate your posts and excellent advice. I agree with others that fighting this would be worth it, unless you have made up your mind to go back to the UK. Lawyer up and prepare for immigration court, where you would hopefully get a fair hearing in front of a judge instead of the incompetent fools at USCIS. I've heard that the backlog of cases means that you would have another 2-3 years before the actual hearing. Another I-751 filing may just prolong the frustration. I would also sue your ex for making false statements, it sounds like a defamation case to me. Sue for damages, win, and take the result of that suit to immigration court. Good luck whatever you decide to do!

San Diego, Los Angeles (very expensive but warm all year), also Tucson, Phoenix, Las Vegas. Of course, Miami, other Florida cities, and Honolulu.

Going back for work seems like a stretch since you stayed in the US more than 5 months very recently. They may ask if you worked remotely during that long visit in 2023, which is not allowed.

I recommend intensive English lessons while waiting for the N-400 to be processed. She will also need to study the 100 civics/history questions, I recommend flash cards and daily study for an hour. Many cities/counties have free programs to assist immigrants as they prepare for the naturalization interview, including English classes. The English level required is VERY basic for the written and spoken tests. The biggest hurdle will be for her to understand all of the questions on the N-400, as the interviewing officer will review those and her answers, so take lots of time to help her with those too. She can do this with your encouragement and support. Good luck!

This seems to me like a very unusual request for a B2 tourist visa. Do you have any family ties in the US? Siblings? They seem to be skeptical of something. Also, "refused" does not mean denied, it only means that they are looking further into your case. Since you requested your passport, and a final decision has not been made based on the information requested in May, 2023, have you tried contacting the consulate where your case is?

The timing difference may have been true many years ago. Right now, K-1 and CR-1 are both taking 1-2 years. CR-1 is the far superior way to go.

Post history indicates AWA, plea bargain, misdemeanor battery. Only a very good attorney can help at this point. Marriage alone and CR-1 will not be enough. OP, maybe it is time to consider moving abroad?

Country of citizenship is important so please add this information to your question. For some countries, a spousal visa is more likely to be approved than a K-1.