Redro

Chat to your partner again. ask her what questions was she asked? Has she ever been to the U.S.? Has she been petitioned by someone else before? how did you meet? Getting married and filing spousal visa is your best bet for success… and then of course a lot of continued time together…

Who is your stepson? Did you marry your partner already? And why was your brother there? Where were you at the time?

Being together quicker but not knowing when you’ll be able to work, drive, or leave the country (in case of emergency back home) vs being in the US a month or two later with working permission, ability to open a bank account, ability to drive and ability to leave is a decision the beneficiary needs to make for themselves. There can be delays between approval at USCIS to moving to the NVC/ embassy for both visa types. But, only the spousal visa allows you to delay the process if you need it (doesn’t happen often but it happens often enough). The question I would ask is: Where do you live in the U.S.? And what is the experience for K1 visa holders when they move there? What documentation do you they need to drive? Do you need to drive online Lon that city/town? How will your partner keep themselves while they can’t work:drive AND can you afford the additional $3000 for AOS after the enter? Or would you rather pay all the immigration costs BEFORE they enter the U.S.?

Speak to your partner about what happened in the interview. You might overcome the ineligibility through marriage but without knowing the reasons just filing another case might not solve your issues. Was your partner able to show them proof you visited every 3 months?

They didn’t give reasons?

Do you have the notice in English?

It is a pity they are denying your case because the adjudicator doesn't know what the official document is supposed to look like and went by the translation. This doesn't happen often but it does happen often enough. I don't know if you need to get a Korean lawyer. Easiest fix would be go online and evidence the documents your provided are the documents requested. Here is a link to guidance provided by US Embassy Korea. It has a translation sample. I would maybe re-translate the document in this format if you are going to submit another AOS petition. I'm not sure how you want to proceed... but you need to tell the lawyer you have the correct documents you just need to translate it to USCIS's standards. Another poster had a similar issue: USCIS didn't like the translation.

Looks like they’re requiring updated COVID vaccines now. COVID vaccine seems to be like the flu vaccine. something you have to get once a year. I don’t think it’s going away anytime soon. On the CDC link, it states that: For the purposes of the immigration medical examination only, applicants who have not received a COVID-19 vaccine dose in the 12 months prior to the date of the exam are considered due for a dose. quote from here:

DR allows the petitioner to be at the interview. When answering a question or correcting another poster try to be mindful of the specifics. Dont answer GENERALLY when a poster has given their interview location. So, @Chelle1994 you can fly to DR if you want to go to the interview. I know I appreciated my husband being at my side when I had to interview for my IR1 visa.

File a K3/ I129F… they are still being issued and in cases with delays… might work might not work but it’s cheaper than the WOM.

Are you showing them your actual degrees and transcripts or Have you got your transcripts “translated” with a service like World Education Services? It shows what the equivalent degree is in the U.S. For example, I got a 3 year degree with an optional year in SA. That optional year is coded as graduate school not undergraduate by WES (even though it’s undergraduate in my home country). This might be the solution you are looking for…

@Verrou always comes with the good inside scoop!!

Any updates @LisaG?

You are doing so much good for your friend. Thank you for helping her out.

Which country is your wife from and what was your reason for the request? This information could be really helpful for others who might not have a consulate and are experiencing long waits…

@magicant how did your friend move to the US? What type of visa? The first thing you should do is ask her to show you the passport she came to the US on… and her current green card. Also what is the extension letter she has? Did she move to the U.S. on a tourist visa and she is finally applying for status OR did she move to the U.S. with a K1 visa, a K3 visa (rare but possible), or an immigrant visa CR1 or IR1. Once you find out this information we can help you and your friend further.

Were you working for the US government in Dubai or another entity with significant ties to the U.S.? I would definitely consult with a lawyer. You might be able to fight their definition of residency in the US… Does you son not have any other citizenship can he not obtain an emergency passport allowing him to return to school so he can write his exams?

Ah… i missed that… if he is Indian she needs to make sure not to marry on the first visit especially if she is not of the same nationality/ religion/ background and there is an age gap. It is even more important to make sure there are many in person meetings. Third country national in Canada marrying an American, they’re also more likely to encounter the DS5535 when they apply for the immigrant visa (especially if they’re studying something in science or biology). Immigration and long distance relationships are really expensive. It takes a lot of sacrifice but if you have found your person the wait ends up worth it. @OswRae what is your partner studying and how long does he plan to be in Canada?

@OswRae you’re worry about Step 7 (3 years down the road) when you should be thinking about Steps 1 and 2. The affidavit of support is only needed at NVC stage after you meet, get married and file the petition. And affidavit of support means nothing if the consulate doesn’t believe the relationship is real. So, first steps: meet this person 1-3 times. If you live close to them you should be meeting them as often as you can before marriage and after marriage. Canada and US are right next to each other and it’s very easy for Canadians and US citizens to travel to the other country. If you don’t establish a good base of in person meetings I worry about the visa being approved. While you are building your relationship, look for online work. Look for part time work. i864 suggests assets can be used but it’s not a guarantee, so, if you can’t line up a joint sponsor you need to earn more money. You have 2-3 years to either find a joint sponsor or make more money. Don’t get married on the first or second visit. Don’t get married via Utah. Being in a U.S./Canadian relationship has real privileges to it..: If your partner is Canadian have them see if they qualify for a TN Visa. They can move to the US and maybe you can build your relationship like that… or maybe because where they live is so expensive have them move to a border city so it’s easier for the two of you to meet. Even though Canada is not a high fraud country marrying on the first/ second visit without a lot of IN PERSON time is a red flag. If you know this person is your forever person make sure you build a strong case FOR THE CONSULATE and so he is able to move to the US sooner rather than never. Good luck!

Read CSPA for Immediate Relatives and CSPA for Family and Employment Preference for more guidance: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

You want the petition to be pending for as long as possible. Your stepson’s age will “freeze” once you submit the I130 once the period is approved (NOA2) he will start aging again. You are referring to what happens with IR2 petitions IIRC. If you wife was a USC and she filed for her Under 21 child he would not age out.

Husband could have hid the mail. Husband could have requested she sign documentation and she did so without realizing what she was signing… (we all know couples where one person takes charge and the other trusts and follows).

K1 visa applicants can adjust status even if they divorce. Issue is… divorce was finalized in 2021 and you received the GC in 2022 and didn’t inform USCIS. I would consult with a lawyer. I would also look at your tax documentation- were you and your husband filing MFJ even when divorced or??? You might be able to figure things out but it sounds like filing for ROC is something you need to do alone because your ex husband sounds like he is playing with your status.

Do you have any medical documentation from your home country? you might want to bring any prescriptions or history of procedures. But first steps, I would reach out to the medical center and ask for their guidance.