beloved_dingo

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.

I believe this varies by consulate. Some consulates automatically renew, some you have to request it, etc. Back when we went through this process, we needed ours renewed and we were able to just email the Sydney consulate to do so. Checking forums/threads specific to Vietnam would probably help you find the answer you need.

If you have separate accounts, can you at least show that joint bills are being paid from these accounts? For instance, if the rent/mortgage comes out of an account in your name, and the power bill/internet/whatever comes out of your spouse's account, that at least still shows you are both contributing to bills and expenses for the marital residence. Also strongly agree with the other suggestions to provide proof of anything else you can get your hands on, such as insurance with both of you covered (health, car, home/renters/etc.), documentation of having each other as beneficiaries (life insurance, retirement), any utility or bill that has both names (phone bill?), etc. Also think outside the box - do you have joint memberships (gym, Costco)? Do you have pets where the vet would have a record that you are both the owners? Any mail addressed to both of you, or invitations addressed to both of you (wedding invite, baby shower, graduation)?

The fees for AOS alone make the K-1 a very undesirable option now, imo. (And this is coming from someone who chose the K-1 back in 2018)

Choosing which visa is a personal choice but I suggest you do research to make sure you are making the best decision for your situation. Anecdotes from acquaintances are not valid sources of information. Additionally, there can be a lot of variables from person to person that can affect the process (red flags, high fraud vs. low fraud country, etc.). You can read through threads here from K-1 and CR-1 couples and get information directly from USCIS' website, etc. Also be wary of anything you read on reddit.

Considering the timing, very likely that any court hearings (if there were any) were via Zoom. Simple divorce cases often do not require stepping foot into a courtroom though. Since OP willingly signed the divorce papers, we can assume the husband submitted all appropriate documents to the court. But either he never followed up to dismiss the case - which would have been incredibly simple - or he actively participated in the ongoing divorce process and hid it from OP. Even once the divorce was finalized, a motion to vacate could have been filed. I am absolutely baffled that, at the very minimum, the husband kept this to himself for so long though. OP - I agree with others. I would consult a lawyer, and fully expect you're going to have to basically start over and get a new green card. And personally...I'd suggest having a very blunt, tough conversation with your husband about this. Either he was grossly negligent and hid things from you, or he lied to you and hid things from you. If it were me, I'd be getting the divorce case files directly from the clerk of the court to see exactly what your husband filed and when pertaining to the divorce. There's no way he "accidentally" got divorced.

I'd be concerned that the Ship Date is very clearly April 1st on the receipt posted here, so I'm not sure I'd agree. It seems that the bottom portion is what applies in OP's case (since it was sent via UPS). It says "The postmark date is the shipping date reflected on the courier receipt".

I'm just going to address this part of your post in bold. Dealing with U.S. Immigration and deciding the best options for your situation often means taking emotion out of the equation, as hard as it can be. Being in a long distance relationship, especially with differing cultures, requires compromise and adjusting your expectations. In this case, the best choice for you and your future bride is the CR-1. This is a fact. Another fact is that both options (K-1 or CR-1) involve extended time apart, other than visits, for up to two years. If you are not ready to get married, then spend more time together in person and get married at a later date. However, I must point out that it is really splitting hairs to be okay with doing the traditional Muslim wedding ceremony but not be okay with getting married "on paper".