beloved_dingo

Just to make sure I'm not missing something here - no one in your family is a U.S. citizen (or green card holder) except your youngest child?

As others have said, using a tourist visa with intent to immigrate and adjust status is fraud. At this point I would go ahead and file an I-130 for your spouse ASAP. Then, if your spouse already has a valid B2, he can visit you in the U.S. after your return to the U.S. in December 2024. Admittance would still be subject to CBP's discretion. He would have to return to Japan before his authorized time in the U.S. ends (could be up to 6 months I believe but CBP may give him less time than that). Either you wait in Japan for a year+ for the I-130 process, or you go to the U.S. knowing that your spouse can only visit you until he gets his immigrant visa.

Georgia being one of the best at 46 is patently false 😂

Proxy marriage is a valid route as long as you meet again in person after marriage, prior to filing. (Meeting in person after marriage = consummating the marriage)

I don't see an issue with the photo in question. Taking engagement photos is a common thing to do. There are certain consulates where formal looking photos can be an issue, but that is because of cultural norms and expectations that play into it. I don't think that's the case here.

Just want to point out that spouses becoming abusive immediately after marriage is incredibly common. Some would describe it like a switch has been flipped. These kinds of abusers will love-bomb and treat their partners like gold before marriage but as soon as they are married/living together, a 180 happens. Much easier to control someone once you're under the same roof and tied to each other legally. You can see how this would be even easier to pull off for someone courting an immigrant. The fraud angle is certainly possible and I'm not denying that whatsoever, but immigrants can be vulnerable and they can and do become victims of abuse due to this (hence why VAWA even exists). It's not hard to have evidence of abuse when the abuse was real and documented through medical treatment. I would hope any immigrant who is being abused by their spouse would get help and go to the police.

It's not fraud to intend to get married on a B2. It's fraud to use a B2 with the intent to marry and adjust status. Edit: It is fraudulent to lie about the reason for obtaining a B2, though.

They are already married.

Sorry, I'm confused about this statement here. She didn't attend the interviews herself???

Out of curiosity, why can't she live with you at your uncle's house? I agree with @OldUser though. If you document this situation, and it is remedied in the near future, I don't see it being an issue 2 years down the line. I would suggest saving any emails or other written correspondence you have that document your efforts with your job to get permission to move to SC.

Small correction here - she can filed ROC immediately, once the divorce is finalized/she has the divorce decree. She does not have to wait until the usual ROC filing window opens. So even more reason for OP to file for divorce ASAP.

Just to make sure we fully understand the situation, are you saying that you received an RFE (Request for Evidence) from USCIS, and specifically what they asked for was letters (affidavits) from family? If you received an RFE letter, can you post it here, with sensitive information removed/redacted? Can you also list out everything you provided in the initial application?

This is the important question, I think. There's nothing to worry about if the DS3025 is marked complete. As far as AOS - there is no deadline to file AOS, as far as USCIS is concerned. (Not even an arbitrary 2 year deadline that has been mentioned here - that deadline doesn't exist). However, waiting to file past 90 days is a risk because at that point, the immigrant has no legal status in this country as @yuna628 stated. Once AOS is filed and the I-485 receipt is obtained, the immigrant has proof that they are authorized to stay in the US while their AOS is pending. @Scandi summed it up perfectly in this post, from the thread where a VJ member was unfortunately detained for weeks because they were just a couple weeks late in filing AOS: https://www.visajourney.com/forums/topic/706560-beware-bad-information-on-aos-deadline-for-k1-fresh-out-of-jail/?do=findComment&comment=9705397

Good luck to you, OP. This will be my last post in this thread, because clearly you do not want advice or assistance from the people here. 😅 Your fiancé will be out of status after 90 days of entry with her K1 visa, if AOS isn't filed (and she won't have proof of her legal status without the I-485 receipt). I suppose it's up to you if you want to take a risk that's completely unnecessary by filing after 90 days.

You are confidently incorrect.

It would be advisable to get married on a date that leaves plenty of time to gather docs and file AOS before the 90 days are up. She will be out of status if she files AOS after that point, which is never recommended. For instance, if you marry around day 60, that gives you 2 months to "see her perform a snow angel" and leave plenty of time to file AOS.

The K-1 can be faster; it is absolutely not guaranteed to be. CR1 is superior to K-1 anyway, even if the wait is slightly longer. And as someone else noted, due to your arrests/record, it is likely your K-1 process would take longer than the norm.

How long ago did you send the I-751? Personally, I would just wait for the receipt notice to come before leaving the country.

Definitely agree with doing an FOIA request. No one can tell you the best way to proceed without knowing 100% for certain what happened in the past (if anything) after your mother arrived on the K-1. Just to make 100% certain - your mom doesn't have a green card, and as far as you know, she never did?

Very location dependent. I was not allowed inside the USCIS office during my husband's N-400 interview or the oath ceremony. All guests watched through the windows.

I would cut the visit shorter than 88 days. Too many unexpected situations could occur that cause an accidental overstay. And, as others stated, it may cause extra scrutiny as well. Have you visited the US before?

Agree with others, you need to learn them all.

It's always better to aim for at least the 125% regardless because a) that is what they will need for AOS anyway b) some consulates are more strict than others about income requirements and c) it's always at the discretion of the CO, so taking a "better safe than sorry" approach is recommended. Lastly, outside of immigration and from a practical standpoint...it would be extremely difficult to support 2 people in the US on an income that is at 100% of the poverty guidelines. There are exceptions, of course, but generally speaking it is not advisable (even more so now that fees have increased for AOS/ROC/etc.)

Make sure you research/understand the Adjustment of Status process now to understand the cost and drawbacks associated with it. It is a more important consideration overall than the wait times, imo.

Just FYI - most of the time the IO won't look at any documentation brought to a B1/B2 interview. She can bring what she can to show strong ties but as was already mentioned, the decision is usually based on what is included in the DS160. There is truly nothing you can do to help sway the decision - your mother will have to overcome the assumption of immigrant intent on her own.