carmel34

Not true. Source please?

2 year or 10 year green card is expiring next year? If 2 year, have you filed an I-751 for removal of conditions?

I-824 will take about a year, so it will take almost two more years to complete spousal visa process, assuming that there are no other issues with your case. There is no way to avoid the wait time and filing fee.

Do you still have a USC girlfriend? If so, that's a strong tie to the US and will be a big hurdle for you to get any kind of non-immigrant visa, on top of the previous two denials. You got 11 pages of advice about your situation last year:

At my husband's oath ceremony a few weeks ago at the Atlanta USCIS field office, the person in charge asked if anyone had travel plans to leave the US in the next few months. One person held up his hand. They took him aside to (presumably) reschedule the oath ceremony. In your case, I recommend that you call the number on the oath ceremony interview letter (there should be wording on the letter and a phone number to call if you need to reschedule), explain the situation regarding upcoming travel to Nepal, and see what they say. It may be possible to schedule the oath ceremony for after January 2nd, maybe not. It's up to each USCIS field office. Another option would be to go ahead with the oath ceremony as scheduled, and then prepare a passport application with proof of upcoming urgent travel, call the passport agency to set an appointment, and the passport may be ready before the trip in November. Good luck! https://travel.state.gov/content/travel/en/passports/get-fast.html

I second Mike E's suggestion to write a letter. It worked for my husband a few weeks ago. We didn't want to assume that the N-400 would be a combo interview with the pending I-751, given the frequent incompetence of USCIS. All it took was a simple one page letter to the USCIS field office, requesting a combo interview. Include a copy of the N-400 interview notice and the I-751 receipt number. My husband got his US passport yesterday, it only took 5 weeks, a big surprise given the backlog. Now he can finally leave the US for travel.

Follow the instructions on the form given to you EXACTLY. Send them the documents they asked for, via the process specified. If you don't do what they ask, the visa will be denied.

From the CBP website: https://help.cbp.gov/s/sidebar-top-5-travel?language=en_US Land or Sea Travel: U.S. citizens (including infants and children) entering the United States by land or sea are required to present a valid WHTI-compliant travel document. These include: U.S. Passport or U.S. Passport Card Enhanced Driver's License Enhanced Tribal Card Trusted Traveler Program (TTP) cards* (Global Entry**, NEXUS, or SENTRI) U.S. military orders (PCS) with valid military ID. Accompanying immediate family members can use any WHTI-compliant travel document. U.S. Merchant Mariner Credential with official travel letter.

You should both disclose everything. Never lie on a federal form, it is a serious offense and could lead to denial of the visa for misrepresentation. Physical addresses where both of you have lived, worked, etc. Police reports will be required before her visa interview which is a long way off if you haven't even filed the I-130 petition yet.

There is no US visa for living together before deciding on whether marriage is what you both want. Short visits of a few weeks on ESTA may work, but each visit has to be less than 90 days. Plus, if you visit the US too often on ESTA, or stay too long, CBP could see this in their system and cancel your ESTA. Every entry to the US is subject to CBP questioning, and they could refuse entry if they suspect that you are abusing ESTA privileges or plan to do something illegal like work in the US or overstay the visit. The most practical way forward is for you and your boyfriend to visit each other occasionally, either in the US, Spain, or any other location, spend a week or two together each time as your jobs allow, do lots of video calls while apart, and if you eventually make the decision to get married, do it and start the spousal visa process, which is taking about two years these days.

This is unlikely to work, for many reasons. Officers will make an assessment of the I-864 based on the totality of the circumstances--they have the authority to make decisions based on the uniqueness of each case. The problem with your idea is that it is simply that, an idea. There is no income currently, so nothing to continue in the US after your immigration. If your wife were to move to the US and establish this olive oil importation business, start operations, and show a good profit based on tax returns filed with the IRS at the end of the year, the idea might work, but that would take a year or two at least. There is also a risk that the idea might fail financially. If you have enough money to start such a business, have you considered using liquid assets for the I-864? My original recommendation stands: your USC wife should return to the US and find a job that will satisfy the I-864. That is the path with the greatest chance of success if you can't find a qualified joint sponsor or use your own liquid assets.

It's nearly impossible to get an "urgent travel" appointment with a passport agency right now. A few weeks ago, after getting the oath ceremony notice, my husband called the passport agency number hundreds of times over a three day period and could not get through. He finally gave up and set a regular appointment online for the closest post office. Even with the expedite fee it will take 3-4 months to get his first US passport, so he's stuck in the US until then, sort of a "new US citizen, but unable to leave limbo" that is a big problem if something urgent comes up. If his grandmother passes away in the next three months, which is very possible, he will not be able to go to the funeral in Brazil. There is a life or death emergency option, to get a passport in 3 days, but that also requires making an appointment with a passport agency, and the phone lines are just not able to handle the volume. The demand is crazy and their current system is not capable of dealing with it. All the DOS says is something like "unexpectedly high post-COVID demand for travel and passports."

Sorry, I missed the post from February about relinquishing the green card and filing an I-407, but I did not see where OP said that the I-130 was filed with USCIS, so DCF is not an option, my bad. @NicolòVito, without a qualified joint sponsor or sufficient liquid assets in US dollars, your best path forward is for your USC wife to return to the US after the I-130 petition has been approved, a few months before your visa interview, and get a job sufficient to sponsor you plus establish US domicile. A few months living apart will likely be necessary if you want to immigrate to the US again. Good luck!

I've done DCF successfully with proof of future US-based (job offer) income for the I-864. Maybe that's what happened in 2019 for OP, both spouses could have had evidence of US job offers and that was sufficient for the officer. OP, @NicolòVito when did you leave the US after entering in 2019? If it was a 10-year green card it could still be valid. If so, you may be able to get on the next flight to the US. Where was the most recent I-130 submitted (to the Naples Consulate or to USCIS), when was it submitted, and has it been approved? More information would be helpful to give you the best advice.

NVC will know because when they receive the I-824 after it is processed by USCIS, the physical address filled in for part 1 (if applicant/beneficiary completes and submits the I-824) or in part 3 (if petitioner completes and submits the I-824) will be in Australia. 1.d. is the correct box to check.

Yes, complete the I-824 is your next step, $465 and about a year for the approved petition to go to NVC. Good luck! https://www.uscis.gov/i-824

Congrats on the oath ceremony! You're almost done.... The challenge with the urgent passport option is that even with a flight ticket for travel within 14 days of your application date, you will need an appointment at a passport agency. With the huge demand for passports right now, it is very difficult to get an appointment. It's very easy to book a flight ticket to qualify and then change it later if needed, so many people are trying the urgent route and plugging up the phones. My husband had his oath ceremony a month ago and when he got his appointment notice, he tried to schedule an urgent passport interview, but gave up after a few days of endless calling and settled for a regular appointment at a local post office two weeks after his oath ceremony and made the appointment online. He paid extra for the "expedited" option which is taking three months right now. https://travel.state.gov/content/travel/en/passports/get-fast.html https://travel.state.gov/content/travel/en/passports/get-fast/passport-agencies.html

I strongly suggest that you spend more time together. She should visit you a few more times, either before filing the I-130 petition, or after, before the NVC stage. Marrying in Tunisia on the second visit may not be enough time in person to successfully get a visa.

This varies based on state law. A standard driver's license will have to suffice for now in NJ until you get a 10-year green card or US citizenship. You can board flights with your country of origin passport until then.

From the DV FAQs: The Department of State uses sophisticated technology to detect multiple entries.  Individuals with more than one entry will be ineligible for a DV.  Based on this statement, you can rest assured that the technology used by the DOS looks at much more than just the photo submitted with the DV application, including your full name, mailing address, email address, date of birth, place of birth, names of spouse, children, etc., all very unique and confidential information that only you as the applicant should know. The DOS receives millions of applications each year for a very small number of "winners" selected randomly. There are always scammers but those would be detected if selected, at the visa interview. Good luck! https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fraud.html

The same thing happened to my husband, and we didn't want to take a chance that USCIS would not connect the N-400 with the pending I-751, as sometimes they do, sometimes they don't. When they don't, at the N-400, they will say they can't approve it without receiving the I-751 file first. So to avoid this potential problem, my husband wrote a letter to the USCIS field office (address on the N-400 interview notice), and requested a combo interview. The letter included a copy of the N-400 interview notice and his pending I-751 receipt number and 48-month extension letter. A week after sending the letter, he received another interview notice for the I-751, same day and time as the N-400 interview, requesting that he bring me as his spouse and evidence of our marriage relationship since filing the I-751 (two years before). Everything went well; we were questioned together for the I-751, then I was asked to leave and the officer proceeded with my husband's N-400 interview. Now he's waiting for his US passport. Good luck! You're almost done with the crazy world of USCIS!

Yes, he will need the green card first. If you are currently waiting for the K-1 and are estimating his arrival on that visa for mid-2024, he may not have a green card until mid-2025 or later. Adjustment of status from K-1 until green card is taking a very long time so plan on that and be flexible, the timing is very unpredictable but there are estimates out there, so do more research. Your plan for him to return to Brazil so quickly after entering on a K-1 will not work. Good luck!

An F-1 visa is for studying temporarily in the US, then returning to the home country after completing the degree. Those who get F-1 approvals have the financial means to pay for everything and strong ties to their home countries. They also have been accepted to a US college or university. If she is hoping to stay in the US, and can't afford the (very high) tuition/fees charged to international students without financial help from her brother in the US, of course these will all be considered red flags by the interviewing officer, as they are all evidence of stronger ties to the US than Peru. From what you have described, she is trying to use a non-immigrant visa to live with her brother in the US permanently, to avoid the very, very long wait times for a sibling immigrant visa. She can apply for an F-1, but based on the circumstances you have described, the probability of approval is quite low. Has her brother filed an I-130 petition on her behalf? What about her parents, are they in the US or Peru?

DCF is the best path for your situation if the consulate accepts the file. You will need a written job offer in the US, then submit the request to the Bern embassy to request DCF filing. It is the fastest way, typically a few months. If Bern does not accept your case, then look at your other options. A work visa for your wife usually requires sponsorship by a US employer, so try that if the DCF request is not accepted. I-130 online to USCIS would be the third option if the first two do not work out. Good luck!

If your I-751 file was recently sent to the USCIS field office, you should be receiving soon a written notice for the I-751 interview, most likely the same day and time as the N-400 interview. That I-751 interview notice will most likely state that your spouse has to attend the interview. If you are not living together, is that going to be possible? EDIT: I saw that you will be bringing your attorney and USC husband. Hopefully the interview will go well.