Redro

It is good you found VisaJourney. We can help you understand the process. But, I agree with @Jorgedig you should probably hire someone to help you apply. Read the guides posted at the top of the page and if you have any questions ask for clarification. Read user experiences in the forums and if you have any questions ask for clarification. If you are still confused, hire a lawyer.

@Crazy Cat can you also share your meet cute, again? I looooove the fact you made the decision to move to Taiwan to wait out part of the process.

LOL CBP can be scary but they can also be super nice. Congrats again! Must feel great knowing you can finalize the trip to Taiwan!

I know VJ members generally prefer links from the official source (USCIS) but you might find this informative. https://visarefusal.com/inadmissibility/crimes-of-moral-turpitude/ if at interview they believe it was a crime of moral turpitude you might be found inadmissible and given the chance to file a waiver. you can read this form for a little more information on the process… https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

Get married as soon as you can. This way you maximize your chances of. receiving a 10 yr GC not the 2 year GC. I'm not sure when the best time is to file the I-130 and adjustment but I would wait for the response from the State Department. You might want to file the I-130 (online) before the adjustment but others suggest filing everything at the same time by mail.

Correct!

And if they receive 2 year GC they'll have to file ROC with divorce waiver showing leaving US will be an extreme hardship... Either file for all 3 family members OR make your peace with your wife 1.) Moving back to the Philippines with all 3 children OR 2.) Filing VAWA which might make it difficult for you to maintain a relationship with the 3 children. I could see her stating you were financially abusive by telling her you would pull her I-864 but allow the children to adjust through you... putting her in a position where she is unable to stay in the US legally PLUS you threaten to fight for custody of your new born baby who is probably still breastfeeding...

Agreed! I believe the shared child is also still very young. According to OP, his wife was 6 weeks pregnant at the end of May 2022. ETA: I would divorce but not withdraw the I-864 for anyone. Mom then has the option of staying in the US as an LPR and OP can help out the kids OR she can move back home and they can draw up a custody arrangement where their children can visit the US from time to time.

Are her children “follow to join” k2 applicants? I would double check but I believe if you pull your support for your wife the children WILL be impacted. It seems very odd you would want to separate a mother from her children… and would the children agree to staying with you in the US while their mother returns to the Philippines?

This is a VERY BAD idea. You are planning to lie to the US government AND your company... If your company is sponsoring your studies are you sure they won't ask for their money back if you decide not to return to Nigeria? MBAs can be VERY expensive. And how long have you known your fiance? If things go sideways... and you can no longer pay for your studies, you have to pay your company back AND you end up divorced... how will you pay everyone back when you lose your visa in the US and the trust of companies back in your home country? I would not try to go forward with this plan. You are thinking of engaging in fraudulent behaviour with severe consequences. ETA: People are always trying to skip the waiting line at consulate by applying for tourist or student visas. I don't think you are getting the visa unless you really do cancel the k1, break up with your partner and only plan on studying in the US because you want to bring back valuable skills and knowledge to Nigeria.

If a lawyer advised a client to file a waiver under this situation, then the lawyer is only interested in money, not the best interest of the client. I would add… lawyers generally charge around $5000 just to file the petition. Add another $2000 or more for the waiver and the “financial hardship” excuse doesn’t make any sense….flights to and from China (for one person) are a lot less than $10000.

@demijonas I don't think you will be satisfied with the anecdotal replies you receive here. To be honest, filing an I-130 and traveling on ESTA or traveling on ESTA (or a B2) when you are married to a US citizen can carry the same amount of risk because when you enter the officer might suspect you are trying to 1.) Adjust Status or 2.) Live in the US without applying for the correct documentation (residency). When I activated my Immigrant Visa the officer processing me assumed I had gone to secondary EVERY.SINGLE.TIME I entered on my B2 (and I never traveled to the US after my husband petitioned me). You probably won't be satisfied with the answers you receive because no one is in your exact situation (from the same country, job that allows you to travel frequently, encountering the same CBP officer at the same airport who either questions your frequent trips or waves you through without incident). You are well aware you could be denied entry. I'm sure you're aware you can also be denied entry and given a ban (and not allowed to travel until you receive the immigrant visa). It sounds like you have all the information you require... how you choose to act going forward is up to you. But, in your shoes I would behave as if travel to the US was a luxury (1-2 weeks at a time) once or twice a year. Most people can't afford to travel back and forth frequently. And if you have the option of considering multiple trips in one year. You are probably planning to visit the US too often which could raise flags and get you into hot water.

I have friends and family who have recently traveled to China and returned and others who have left China and returned. It might be difficult to travel to China but is not impossible. This is not a great reason for the waiver.

https://selfhelp.courts.ca.gov/divorce-california/summary-dissolution/qualifications

@top_secret did you not switch from k1 to cr1/ir1? Or was that someone else? I have seen cases where members had an approved k1 waiting for interview switch to a spousal visa and get approval fairly quickly...

No issues with getting married and getting a Korean marriage certificate. But, be aware if marriage laws ever change in Korea (again) you might not be able to obtain the correct copy of your marriage certificate. This user was having issues getting approved by NVC as he was American and his wife French and the Korean laws changed after their wedding and as neither was Korean they had issues proving the marriage certificate they had was valid... They were eventually DQ'ed but it took a lot more work.... I suggest Utah marriage (because you'll have a US based marriage certificate) and then investigating DCF... Personally, as someone who lived in Korea I preferred having a marriage cert from the US/my home country as it will be easier to obtain records once we left Korea~

Give the most up to date bank statement and proof of employment, I’m not sure when you will receive the NOA2 or secure your appointment for your partner. Looking at your timeline you might only get an interview at the end of the year.

What are his ties to SA. Does he have a job? Does he have a house or rent? Has he traveled to other countries that require a visa? Most of the South Africans I know obtained a tourist visa easily… I would have him apply for the visa (it is only $160) if the visa is refused then you can start saving for your trip to SA so he can meet his child.

You do not have to document that you have been in a relationship (and free to marry) for two years. The requirement is that you have met IN PERSON at least once in the preceding 2 years. Once the divorce is finalized you can file the K1. But, if you are able to travel to Guatemala I suggest you consider marrying your partner and petition him for a spousal visa.

They didn’t catch the error now…but they might later… not quite the same situation but USCIS does investigate your entire history when you apply for citizenship.

IIRC OP’s partner is from Sri Lanka and they were considering expedite and no vaccines at one time… Only case I remember out of Sri Lanka with refusal is this one: VISA was (finally) issued for wife but stepsons received DS5535…

Known issue in SA. schedule the medical. Go to the interview. Go into AP while you wait for the medical results… most applicants out of SA actually schedule their medical before getting the interview date…

Are these people in THE EXACT SAME SITUATION? Came in on K1 (same month/year) adjusted status (same month/year)... filed to remove conditions (same month/year) and applied for citizenship while ROC was pending OR are they applying for citizenship through work, as the parent of a USC etc etc... Don't compare yourself to others... I'm sure when you went through the K1 process and adjustment you noticed the timelines weren't consistent and people weren't seen in a first come/first serve... you should have started to complain/campaign as soon as you saw this was an issue... not just complain because YOU are impacted NOW.

OP what is the situation now? Does your wife work in her home country? Do you support her or does she support you? What is your visa status in your parents’ home country? Are you a citizen or a resident or on a spousal visa? why do you think life in the US will be radically different from the life you live now? if you divorce in her country will you have any obligations to her or will she have any obligations to you?

When did this happen? What year? Which country? What was the age gap? How much time did they spend together before/after wedding? How long did the entire process take? Nigeria has a very long backlog. People are waiting 3+ years from filing to interview. Anecdotal evidence is not helpful if you don’t provide the entire backstory. If this was for Nigeria then I would be very interested in hearing more…