Redro

You were living in the US for a year while waiting on the K1? What type of visa were you on? Maybe that’s what’s confusing them?

So you have a relationship history of at least 4 years you didn’t marry until December 2021… and now things aren’t great, have you investigated marriage counseling. Your wife might be suffering from post partum depression (I’ve read it lasts as long as 7 years)… if you are adjusting status I can see how this could add additional stress to the marriage. I would try to repair the relationship as the first few years with two young children can be extremely challenging.

Apologies… so your wife married you in December 2021… and you have shared children. Is your wife an LPR or a USC were the children born in the US and how old are the children?

What proof of name change did you provide when you applied for the new GC… my understanding is that you cannot apply for a new GC with name change if the paperwork you submit precedes the last immigration benefit your received…. so, unless you indicated your name changed AFTER you received your initial visa/ CR1 visa the i90 would be denied… maybe it would have been better to apply for name change with ROC… but most VJ posters suggest changing name when applying for citizenship as that is path of least resistance…

Do you share your children with this husband? Your post history indicates you got married in late 2021 early 2022… how did you get here (what visa did you arrive on) and when did you file for adjustment?

Not talking about tourists… or snowbirds. Talking about people midway through AOS or ROC…

Many people think not having a green card yet and going through AOS = undocumented… even if they arrived on K1/ B2 or F1… or having an expired 2 year green card but going through ROC = undocumented. I’ve now seen this question pop up in several forums. Hopefully the people enforcing this rule know the difference because I would not like to be arrested just because an officer doesn’t realize a green card is not the only proof of authorized stay…

Officially Petition is valid for 4 months BUT the consulate does sometimes extend the validity (they were doing this automatically during the height of COVID and Because of the backlog). My Petition Expired – Can It Be Extended? The I-129F petition is valid for four months from the date of approval by USCIS. A consular officer can extend the validity of the petition if it expires before visa processing is completed. Issue is… if you leave it too long CO might question the validity of your relationship and deny the K1 because they don’t believe you or your partner are serious about the relationship… This member’s post details the request for a second interview because they didn’t schedule an interview for about a year… ETA: I see you’re interviewing in Montreal… they’re notoriously difficult to work with and not great at responding to queries so I would schedule the least disruptive interview time… your fiancé will not be allowed to work after he arrives in the US so you need to figure out how important the work schedule is in the long run (unless you want to start over and marry and go the spousal visa route)

Does your wife know the process for changing her name in Colombia? In my country, I had to register the marriage and change my name before I could apply for a passport in my married name. If it is a simple process of applying for passport and showing marriage certificate and your wife would like to use her married name in Colombia do that. If she is okay with having one name in the US and one name in Colombia she can apply for a passport in her maiden name. If her current GC is in her maiden name I would keep all her documents in her maiden name until she applies for US citizenship.

Unfortunately this conundrum is something several in members have encountered in the past. They are truthful and state their primary residence was in a country they were just visiting (for an extended period). Some countries will furnish foreign nationals with PCCs even if they were not residents others will not provide PCCs because they don’t expect tourists to remain in a country for 1+ year. You should be okay at NVC level if your upload a statement stating PCC is not available because your wife was a tourist and not a resident but the CO at interview might want the actual document. I’ve noticed NVC automatically requests PCCs if you mention you resided in any country regardless of period of stay

One only is required to obtain a police certificate if they lived in a country for over 1 year. If your wife lived in Egypt for more than a year then she will have to see if it is possible to obtain a PCC. She might be able to clear NVC stage by uploading a statement indicating she is unable to obtain a PCC because she was a tourist and not a resident. She should contact her nearest Egyptian consulate to see if it is possible to obtain a PCC. As even if she does clear NVC the CO at her interview might request she obtain official documentation. Good luck~

Have you filed the I-130/I1485 etc yet? Once you receive the receipt notice that will serve as her documentation. But, if you are worried the receipt notice won't suffice maybe consider going to another state for your honeymoon.

Unfortunately, if he moves to the US before they respond he will have to file via USCIS. As the first step of DCF involves the USC going to the embassy to submit the I-130 (he cannot file from the US and you cannot file the paperwork for him)....

I know this might seem like a silly question but... You sent the email to this address: ParisIVPending@state.gov

You cannot re-do the medical until the visa expires. Then you will have to go to the embassy and show them you were unable to leave before the visa expired and request they extend it. What you're planning to do (move to the US on your timeline) probably won't work... Instead you should get evidence together showing your husband is moving to the US. Have proof you've secured a residence (a friend or family member not a rental is fine). Then once they issue the visa fly to the US with your husband and activate your visa. Then stay in the US for a few days/ a week or so... and return to the U.K to complete the moving process. From US Embassy UK website: The validity of the visa is linked to the validity of the medical report. If your visa has been issued and you will not use the visa before the expiry date, you are required to return your passport and visa package to the Embassy for cancellation with a covering letter explaining why you did not use the visa once the visa expires . If you wish, you may request that the visa is re-issued. If the Consular officer determines that the reason for not traveling was due to circumstances beyond your control, you will be required to attend a new medical, obtain a new UK police certificate (if the previous certificate was issued more than 12 months ago) and pay new visa issuance fees. ETA: You might want to consider sending in evidence closer to your move date/after the medical expires. This way you skip a step and don't have to show why you didn't move before the visa expired. If the first medical has expired they should request another one before they issue your visa...

Did you husband go to the interview with you? It sounds like your husband isn't ready to move to the US. I would wait until you have firm dates before submitting evidence of his intention to re-establish domicile... it also sounds like you are only planning on moving just as your visa will expire (the visa will only be valid for 6 months from the medical) even if they only issue the visa in 2 months time. It won't have a 6 month validity from date of issue. Sounds like you have some great evidence but whatever you do don't couch language in "as soon as Helene S gets her visa". The entire point of filing for you is family reunification in the US... so if it sounds like your husband won't move to the US unless you do... there is no reason to issue you the visa (he isn't really intending to move back to the US).... The process really is difficult because US immigration works on their own timeline and they expect us to jump even if we aren't ready... Good luck!

The guidance is the intending immigrant is the one who shouldn't quit their job/sell their property or buy tickets before the interview. Where do you plan on living for the first few weeks after you arrive? Most USC's returning with their spouses move in with a family member or friend for the first few weeks. A letter from the homeowner inviting the family to live with them (with proof of ownership) usually suffices. If you are planning to rent as soon as you arrive, correspondence with a real estate agent is advised. Evidence of looking for a job is also something that can help. If you have children, corresponding with schools is something people show as evidence. ETA: What type of evidence to you show at the interview? Here is what happened at our interview:

You have documentation, so you are not undocumented. Undocumented is another word for "the USCIS doesn't know you exist/ you overstayed your visa"

Are you planning to only go when you've secured a job or will you move back to the US and try to find a job once you've landed?

Husband should still go to the interview. They won't be able to issue his visa until they receive the medical. Generally it takes the medical centers about 10 days to send the forms to the embassy so, your husband will have to wait an additional 2-4 weeks.

Most times I entered the US on a tourist visa CBP asked me how long I was planning on staying. I'm not sure if they will have access to your interview questions when you enter... so, they might not like that you've changed your plans but they might also be fine with it... If they don't think you raised any red flags they'll allow you in BUT if they think you might try to stay longer (and extend your stay while you are in the US). They could only allow you to stay for the 2 months you're planning...

How would you be supporting yourself during this time and how many years are you planning this pattern? When you interviewed for your B1/B2, what did you tell the CO? You must have stronger ties to your home country than the US if you received the B1/B2. Do those ties still exist? If you are able to WFH remember you are not supposed to work in the US even if you are working for a company that has no connection to the US. As @Rocio0010 suggested, many people believe if you are blessed with great vacation time you make sure to leave the US and stay out double the length of time you were in.... so, if you are planning on visiting for 3 months- you should stay outside the country for at least 6 months... Although, I am fairly conservative and I would stay out for at least 9 months... This way I would be visiting the US at the same time every year... showing CBP that I take my annual vacation at the same time every year... If visiting so infrequently does not sound desirable to you... it sounds like you would prefer to live in the US. Your family should then sponsor you for an immigrant visa...

A couple of months ago (maybe a year?), a poster's husband managed to receive an F1 while waiting on the I-130... I think OP's chance are extremely slim with the information provided but the OP in that situation explained when it is a prestigious school CO's might be more likely to approve the application. I will keep looking for the post~

Sounds like your situation hasn’t changed other than applying to a PhD program as opposed to doing another masters. Generally, applying for a non immigrant visa from a third country lowers your chance of approval- because you don’t have ties to THAT country and your ties to your home country are weak…. But, if the university you’ve been accepted to in the US is prestigious enough I can see you receiving your F1. People have received F1 visas while waiting on an immigrant visa… anything is possible. Good luck!

When was the last visa rejection? Before or after you studied in Sweden and before or after you worked in Saudi Arabia... where will you be applying from? Saudi Arabia, Sweden OR Pakistan? Where are you working now and why can you not pursue a PhD at your current university?