Redro

Just like you changed your mind about travel plans midway through your vacation. You are allowed to change your mind and stay on the US and adjust. Generally, USCIS doesn’t care and they most likely won’t question you during the AOS process- unless they notice other red flags. Be aware: your boyfriend has all the control and power if you adjust. If he decides he no longer wants to marry, he wants to delay filing the adjustment packet, you have a fight and he decides to cancel the I130 you will be in trouble. If you trust him and believe he will stand by you while you are unable to work, drive, or leave the country. Get married asap and file I130, I130a, I485, I131 (we suggest filing this in case you need to return home for an emergency- but that might not happen if your family is already in the US) , I765- if you want to work and get a SSN so you can open a bank account and start gathering evidence of a real relationship. Remember you don’t have to wait to file this paperwork. Good luck! And I hope your case is approved quickly and you are not stuck waiting in the US unable to work or travel for 12+ months.

Here are reviews for K1 from Tunisia: https://www.visajourney.com/reviews/index.php?cnty=Tunisia&cty=&dfilter=5&topic=K1+Visa Here are CR1/IR1 visa interviews from Tunisia: https://www.visajourney.com/reviews/index.php?cnty=Tunisia&cty=&dfilter=5&topic=IR-1%2FCR-1+Visa This can give you some ideas of what type of questions to expect and the differences between K1/CR1 process for your consulate. ETA: You can click on the usernames to read more about their stories. Here is one:

I did not move to the US for a green card. It was very important for me to be able to work and drive around my city as soon as I could. I was not able to drive for 1 month for various reasons and I was very frustrated. This member is from Canada and was thinking of moving back to Canada because they found the waiting for EAD and GC so stressful. Love and being together is not the only solution to some problems. Sometimes you have to be more pragmatic especially when immigration is involved. My questions and answers to you were based on things I’ve seen here on VJ and in other situations. Hopefully I am wrong and your interview will go well, and you will be able to move to the US and have your beautiful wedding in August- but be aware many people have a small court wedding when they arrive on K1 and then a bigger wedding 1-2 years later (the thing you want to avoid). This is more common than you think. Good luck! If you can return to the forum to tell us about the interview we would really love it. This can help others in the same situation as you know what to expect.

Your immigration process is far from over. If you receive the K1 visa, you will have to marry within 90 days and apply for your green card. When you apply for the green card you will have to apply for work authorization (now an extra fee) and advanced parole (another additional fee). You won’t be able to work until your receive the work card or green card. it would have been less stressful applying after getting married as- your process would have taken the same amount of time. Which you had to do “together” as that is what couples do.

Depends on your leasing company and depends on the bank you use. BOA allowed me to open a bank account without a SSN but my husband was the “holder” of the account. So, if you have issues with your bank- you might consider opening a new account. You can update the account later with her social.

Is the USC a man or a woman? Do you and your partner share the same religion/ culture or is it different? How late do you want to delay the interview? By or two months or more? How many more meetings do you plan to have? By delaying the K1 interview you might have issues rescheduling and/or issues with the medical… when did you complete your medical? I would go to the interview without a meeting (if it is impossible for your partner to come visit you) and then have a backup plan for them to come to Tunisia and marry you.Then apply for the marriage visa and go through that process. As you know it will take another 18-24 months and you and your partner can arrange to meet several more times before the interview date.

How often have you seen your spouse: before and after marriage? Website you linked says to show extra evidence attesting to how strong your relationship is... Did you get married on first visit? When was the last time you saw your wife? Did you file online/ do you have an online account with USCIS? Is there a big age gap? How did you meet? ETA: What do you want people to look at in second link? It is 21 pages...

Your post is in the "adjusting from tourist, work and student visas" You can read about people going through similar circumstances. I've posted a very popular thread and some more recent threads below. Here is one about a long wait for EAD... (you can read about the different waiting times and experiences in this thread). This person overstayed their tourist visa and is now adjusting: Here is a happy AOS from tourist visa story: Process is not standard. You might get your green card in 2-3 months or you might have to wait 12+ months. You can read about the different experiences so you know what to expect (worst and best case scenarios).

Do you suggest submitting FOIA request to see if any flags were raised at K1 to figure out if they need to address issues in the I130 application or do you think they only need to be aware of K1 problems after I130 was submitted?

If wife just moved to Pakistan and is looking for a job and hasn’t sorted out paperwork to stay in Pakistan isn’t she just on vacation and can still technically collect unemployment as it gets deposited into an American bank account? Will unemployment even know she is overseas? Or do they monitor your travel in and out of the US?

@Eseskayy Here is a thread following DQ to interview for Islamabad. DQ of August 2022 has been scheduled for interview April 2024… Get the DS260 and I864 submitted asap. So, you can start your next period of waiting.

I would apply with 2023/2022/2021 taxes. If she made suffcient income for those three years you should receive DQ with a note stating a joint sponsor might be needed at interview. The last time I checked DQ to interview is 1.5 to 2 years at Islamabad so you don’t want to draw out the I864 process too long to where domicile also becomes an issue. Source: husband and I were DQ and he noted a zero income on the I864. Assets is 3X for USC sponsoring spouse (3 years to citizenship not 5…) Income is relevant if you can show it will continue after you relocate to the US. So, online job based out of the US or job transfer for USC or beneficiary can and has been used at London Consulate. Not sure about Islamabad…

If taxact allows you to efile… do it! Nothing illegal about it, the other software companies are just not great about giving users the ability. As I mentioned in my previous post if you have US based income you should be able to file so file away!

We tried for several years to E file but no dice. was told tax slayer allowed you to e file (it doesn’t)… was told if you reported at least $1 in earnings (via 1099 int) you could efile… we tried everything and nothing worked. Best bet would be to hire someone in your country who files taxes for expats..so definitely try HRblock.

I truly don’t think @plenty_of_salt and her spouse will have issues. Just giving the possible consequences if the incident is a CIMT. But, I truly believe delaying filing a petition because of something that might be an issue is no way to live..l would file the petition asap. Get an opinion from an immi attorney who looks over the records and then decide next steps! Then MOVE TO 🇺🇸

Doing some google sleuthing... and it appears the question on ESTA around 2013 was: B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? * Then checking a legal website about whether or not a crime is CIMT or not I read: Travelling on a railway without paying a fare If you have received a FPN then this is NOT a CIMT. If you have been prosecuted in court then this would be dealt with as fraud and IS a CIMT. So, depending on how old OP's husband was in 2009, if he received FPN or was prosecuted in court, and which version of ESTA he completed- this incident could be inconsequential to their immigration journey or add a year... But as the crime would have occurred more than 15 years ago once the interview is conducted the waiver will probably be simple.

We don’t know when he entered the US on VWP though, do we? and how many times…

Read this case @Motip05 The petitioner asked for them to reinstate the k1 and was assured it was reinstated…

I didn’t ask the age of your husband when he committed this crime. was he over 18 or under 18? If under 18 disregard everything I’m about to say- the crimes don’t count if the beneficiary was under 18. If he was over 18- … traveling on ESTA might be an issue if he answered no to the question: Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? Some lawyers will say fare evasion isn’t a serious offense (and doesn’t need to be disclosed on ESTA) and others will say it is (and your husband should have applied for a B1/B2). I know people have successfully traveled on ESTA and not had issues after one DUI so mileage does vary… Definitely consult with an immigration lawyer to go over the crime, the ESTA entry and the possible need for a waiver. As I said before, if a waiver is required you will only have to submit it after the interview- 18-24 months from now. Most well written waivers are approved.

You cannot withdraw a withdrawal. You will need to file a new I130. Even if the first I130 is approved do not act on it. A few years back, a member entered on a withdrawn petition and this error was only caught at N400 stage. They had to return to their home country as they had no actual status in the US. Perhaps someone can find it- I’m having no luck right now.

Marriage date

Has your partner ever visited the US on ESTA? Or will his first time going to the US be via his immigrant visa? You can start the process now, criminal record will only be an issue in about a year after the I130 is approved… I would consult with a US immigration lawyer to look over the charges after you obtain all the records from the arrest (these records will more than likely be needed after I130 is approved). If your husband is refused you should be given the opportunity to file a waiver. First things first. file the petition.

This is why I mentioned maybe having a letter from a doctor talking about the child needing their mother (because they are not yet 2 months old). Letter explaining the situation: child is not yet 2 months old, one could not submit an I130 for a child who is not yet born etc etc long wait for interview from embassy means the child will be 2-3 years old before they will be able to move to the US… I’m not sure how long the time between submitting the I130 to interview for your wife was but I would include her timeline to explain why your child’s I130 should be expedited.