Redro

When was the last time you saw your wife? You cannot do anything about the visa until you get some communication from the consulate or fraud unit. You need to continue your relationship. Your wife should visit you or you should meet in a third country. You should write down all the questions the CO asked you so you don't forget- this can help you figure out if they are planning to deny you based on your answers. You both should also research the possibility of her moving to Nigeria or moving together to a third country.

Going to Sierra Leone for a building project is not going on vacation... I can see how the CO might think you don't know your wife very well. Fraud case investigations out of Nigeria don't have a set timeline. But, this poster's husband interviewed in January 2021. A few months later he had a home visit (Nigeria) and then sometime after that he had to get another medical but he was ultimately given a visa. So, if it follows a similar timeline something might happen 9-10 months after the interview.

You’ll probably be waiting for 10 yr GC for quite a few months unless you receive an RFE if you have no marital evidence from the first year(you have no evidence you were living with your partner?) … you’ll probably have to file for citizenship under the 5 year rule. You should make sure you file for the first year you were a resident as that part of the requirements of filing for citizenship. Make sure to amend your wife’s taxes and re-file MFJ.

It’s a visa to live and work in Chile. Even if it is temporary you are moving to Chile for 9 months. Do you plan on returning to the US often and seeing your husband during that time?

How often do you see each other? Has he updated his drivers license? He should really update USCIS about the change of address. Especially if the plan is for you to move to Utah after your stint in Chile. You have to show you’re still in a relationship and if you have good evidence they should approve the ROC no issues. When he completes his N400 he has to list his addresses for the last 5 years… At both interviews they could ask him where he lives and who does he live with… if his current job is in Utah and he states he lives in West Virginia can you see how an IO might be confused and think he is trying to lie?

How soon after the DV denial did they divorce? USC spouse needs to get on board with finding a lawyer as they are the ones who will have to show moving to your friend’s country will be a hardship and all the other issues they will encounter if your friend cannot move to the US.

Some consulates (won't mention the name not important) only have TWO places to go for the medical. And people have to fly to one of the centers to receive their medicals. They are also very busy so there is not a lot of "choice". You go to the medical when you get an appointment. Sometimes it is before the interview sometimes is after. Then- some consulates have as many as SIX medical centers. Easier to make an appointment. A lot of choice. Some embassies will not let the applicant interview if the embassy has received their medical. Some applicants are interviewing in ANOTHER country and need to acquire a visa for medical and interview. This means how they plan their medical/interview around when they can get a visa and if they are planning on traveling to the country ONCE or TWICE. People talking about the multitudes of experience re: medical is not "interesting" it is confusing and counterproductive. Especially if looking for advice during the process.

This is why the amount he is paying per month is important. It appears to be more than i864P… is this because lawyers requested a figure that would theoretically cover the COL increases for the 10 years he is paying?

Only the 2 year green card requires bonafide marriage evidence and even then the applicant can apply with a divorce waiver… unfortunately, as long as your ex does not meet the above mentioned requirements the actual I864 remains in effect. So, in 10/20/30 years time if she does not have the 40 quarters of work and she ever goes on assistance the government can theoretically pursue repayment from you… You mentioned your ex was extremely smart… I can see how she probably had the agreement of 10 years so she could pursue a COL increase argument in 10 years time (as opposed to relitigating the agreement once a year) or to see how case law had evolved in the next 10 years. If my statements/ questions came across as arguments apologies. I was only seeking clarity.

There is my answer. Your 10 years will never end unless one the above mentioned events occurs (according to your agreement).

I care about helping people. I’m not saying you’re lying. im saying you’ve changed the amount several times so how much you’re paying is inconsequential TO YOU… but for others thinking about sponsoring an immigrant… paying $1500 or $2000 or $4000 a month would probably make them think twice about signing an I864. So, for the benefit of others reading about your situation. I appreciate clarity. And as always the main question is “when did the 10 years start?” and the case wasn’t settled in 2017 it was remanded back to trial court…

Just read the opinion for Kumar v Kumar and in this case they don’t specify when the 10 years starts. But that the I864 is an agreement the sponsor will support the immigrant for 10 years. The marriage in Kumar v Kumar was short. The amount was based on a household of 1 and the immigrant has no obligation to seek work… (sponsored immigrant…has no duty to mitigate damages) Currently the amount is $18,225 or $1,518.75 a month. You’ve now changed the amount you pay your ex several times. First $4k them $2k now under $2k. But wording in the opinion does say “at least 125%…” so I can see how ex wife argued for more… If your ex arrived in the US 11/2016 one could argue the I-134 covered your wife for her first 90 days… Would lawyers argue the 10 years started 1.) the day you signed your I864 2.) Day 91 (after the K1 90 days) - early 2017 3.) The day she became a permanent resident (one could argue you’ve been supporting her at the agreed amount and that’s when the I864 went into effect). 4.) The day you started directly paying her the (just under) $2k Do you even care? Will support ever end if she never works or naturalizes? As per Kumar v Kumar your ex has no obligation to seek employment. So, not sure if you are planning to seek an amendment or will leave the agreement “as is” until your ex decides to pursue more support due to COL increases…

Would like to add @Cali_D I864 assumes a household of minimum 2. But, she is most likely a household of 1 (unless there are dependents you haven’t mentioned) so I’d really like to see the argument your ex used to argue for $2k a month and to see if it states: you’ll be paying her even if she remarries, you have to increase the amount every year to keep up with COL, and the obligation never ends if she never gains enough credits or becomes a citizen…

I'm not quite sure why your lawyers don't think the $250K you paid out was sufficient. I-864 has a provision where you can use assets as opposed to income to show you can support the immigrant. Currently 125% for a household of 2 is 24,650 (effective March 2023)- so it was probably less when you divorced... That is $246,500 for 10 years... So, you've already paid her for 10 years UNLESS the $250K settlement was a separate agreement. One would assume you calculated how many credits she had for social security because if you filed MFJ she received some credits through you... So, you might not be bound by the full 10 years. But, if she never works she won't be ever get the credits for social security so your obligation will never end.... Either way, sounds like your lawyers are saying "Yep! Buddy, you have to pay her $2k a month in perpetuity if she never gets a job". So, maybe a lesson to all petitioners out there... Interesting situation. And Boiler did point out the lawyer who likes to file these cases. So, it is interesting to see a real life example in the wild. Thank you @Cali_D for being so kind and sharing your experience and knowledge with us...

Even if you weren’t working- filing taxes with your wife is good practice as it indicates you maintained residence in the US. You also have to show you filed taxes as part of your N400 application or state why you didn’t file taxes… stating “I was visiting the U.S. not living there” shows you shouldn’t count any of your time in 2021 as part of time towards N400 app. Do you have 2 year or 10 year green card?

As soon as you entered the US on the immigrant visa you were a resident- you were not “visiting”. You and your wife should have filed MFJ- and if your were working in your home country you should have filed 2555.

It is confirmed! Plan a trip to your home country with pending I751 and N400. And they will schedule the N400 interview and approve the I751 WITHOUT INTERVIEW! Congratulations @Rocio0010! You should be proud of yourself!

OP just had his interview for spousal visa. They now appear to have an issue with the I864.

OP did not write down their alias from 2002. Was it a lie of omission or did they truly forget? @SunnyDelightNaija- your USC partner needs to get on board with this fighting this denial and request for waiver. One of our members (I'll find the post later today) was offered the chance to file a waiver (but they didn't have a qualifying relative) as their in-laws had worked without authorization. The poster competently argued (without a lawyer) working without authorization was forgiven for immediate relatives. It was a long process but it was manageable. You will either have to engage the services of a lawyer or have your partner on board to fight this. The Nigerian embassy can be very unforgiving. But, sincere cases that can be approved should eventually be approved.

You can reapply as long as you have a basis to be petitioned. One of our frequent posters has petitioned his wife a total of 3 times as she relinquished her green card every time they lived overseas. And it is generally true if you relinquish the green card you should be able to apply for the tourist visa. A few people have done this. This poster in particular- received a tourist visa after relinquishing his GC- still married to his partner.

Was your wife overseas with you or were you living in separate homes? 3 year rule requires 3 years of living together.

Might be longer than 3 months. USEM seems to be going through some weird issues with issuing immigrant visas. And some spouses of USCs have been waiting about 6 months for interview. See here. And it seems like some people are being auto expedited but also having to schedule their own appointments... Another member above posted about wait times after interview. Maybe you can follow them and see when their interview is scheduled.