beloved_dingo

Regardless of the breakdown of the marriage and the reasons for it, it seems that the relationship (and marriage) existed long before U.S. immigration came into play. Your partner would have a hard time convincing anyone that you played an 8 year con just to defraud him to get to the U.S. The advice you've been given is solid. Sure, your ex can make a complaint, but without any actual evidence, it won't matter. It's a common threat from spurned exes. Have the divorce papers been submitted to the court/judge? I would lean towards promptly converting your existing petition to a divorce waiver, if the final decree will be entered within ~4 months or so.

I agree that it would be a huge help if your ex was willing to sign an affidavit. I would also try to get at least 2 more affidavits from others that knew you both and can attest to your relationship being legit. This is a "throw in everything and the kitchen sink" scenario where you need to look for every single scrap of evidence you can dredge up to bulk up your case. You say that there "was not a lot of financial comingling" - so what financial comingling did exist? Were any bills in both of your names? Did you ever have any joint accounts? Joint loans? Authorized user on the other's credit card? If yes to any of this, get the statements or other proof you may have. Did you ever share health insurance? Car insurance? Did you have her as a beneficiary on any accounts? If so, reach out to the relevant financial institutions/employers/etc. and see if they can provide you documentation of that. Did you ever go on any trips together during the marriage? I would find every single photo you have with both of you in it during the marriage and send them all, no matter how many there are. Put the photos in a Word doc with captions with the date, location, and names and any other people in the photos. (I don't think photos prior to marriage will help you any.) Probably a long shot but did you and your ex every write each other or send cards or gifts to each other why you were separated? Could help show that despite the separation, the relationship was still bona fide when you left the state. You're going to have to explain that you were living apart for a period of time due to your marriage, why you needed to live apart, and that the separation largely contributed to the breakdown of your marriage. Edit: How do you file taxes for 2022? Married filing separately?

It's an interesting idea, but would really only affect those who truly can't afford to lose the bond. And if you're able to put the bond up in the first place, you can probably afford to lose it. Especially those who already have family or other connections here.

I would add that you should freeze your credit with all 3 bureaus (it's free - you can do it online). Someone who is willing to do the things she has done, is likely also willing to try and fraudulently apply for credit in your name.

Yes, if you are providing the tax transcripts from the IRS you do not need to provide the 1040, W2s, or any other schedules.

You have to overcome the already existing presumption of immigrant intent. It's not personal, but it is difficult to overcome when you are a young unmarried woman from a country with a high rate of immigration fraud. Just apply and hope for the best but expect the worst.

Spouse and children can be added later as derivatives as @appleblossom and @Boiler have already mentioned. To clarify, you sponsor your brother now, and then down the road your brother's derivatives can be added at the NVC stage. However, very likely that most of the children will age out before his priority date is current, if not all.

I was able to add my husband to my existing bank account before he had his green card or his SSN. This was PNC, and they did have to escalate it to get assistance at my local branch to figure out how to add him. As others have stated, this will vary by bank.

Agree - just figured that was the logic at play.

Perhaps OP is from Texas so they were using that as a comparison? That if the wife had committed the same crime in the U.S. it would have been considered a petty offense? To OP - I understand you want to be in your wife's country with her and that her support helps you. But it sounds like it also causes it's own host of issues (the lack of work and mental health services). I think you need to accept that being separated from your wife for a period of time is going to be necessary for this process. Also...just food for thought. Making your wife basically 100% responsible for your mental health is not good for the relationship. I know you both want to be together. But you need to look at the big picture regarding her immigration journey AND your relationship. Perhaps being back in the U.S., getting treatment for your mental health issues, and working again would actually benefit your relationship greatly in the long run?

I agree with @Boiler and @JeanneAdil You don't need chats going back to 2013, and with 10 in person visits (which is much more important evidence than chats), you are golden.

The birth certificate has the right date of birth. The birth certificate was issued at a much later date. It doesn't have a later birth date. OP never said that the DOB was wrong or unknown.

Just want to add that a) income requirements increase every year based on the HHS poverty guidelines and b) the K-1 income requirements are not as strict, with 100% over the poverty guidelines being acceptable, but for AOS and the I-864, at least 125% is required. The I-134 for the K-1 is also not enforceable, whereas the I-864 is. We have also given guidance to people here on VJ repeatedly that having at least 125% at the K-1 stage is advisable, to help avoid income issues at the AOS stage. So for example, for 2023 you need to make at least $31,075 for a family of 3 to satisfy the requirements of the I-864. In contrast, if your K-1 was processed in 2021, you would have only needed to make at least $21,960 to satisfy the requirements of the I-134. If your income is below (or very close to) $31k and you have no joint sponsor - the advice here is correct. You need to increase your income ASAP. It seems like you disagree about the decision regarding your income, based on your initial response to the RFE. What assets did you try to use to qualify? What is your actual income?

How to handle these situations is regularly a topic of debate and discourse here because separating from your spouse puts you in a gray area as far as immigration goes. Perhaps answering a few questions can shed some light on the best advice for you: Is the relationship definitively over? Or are you both willing to work on the relationship (therapy, trial separation, etc.)? Is there a timeline for when you plan to move out? If the relationship has broken down to this degree, why hasn't divorce been discussed yet? You aren't sure if your spouse will cooperate with your continued immigration process but would she at least be willing to write an affidavit regarding the validity of your marriage? Can you get an affidavit from her parents regarding the living situation? (if so, I would do this ASAP before you move and/or they become uncooperative). Basically, my take is that if you are both still working on the marriage, then you leave USCIS out of it unless you reach a point of no return and divorce is inevitable. However, you will still have to file the AR-11 within 10 days of moving to a new address. You need to be very proactive to gather every scrap of new and ongoing evidence of your bona fide marriage in the meantime. On the flip side, if your relationship is over and irretrievably broken, it would be best to file for divorce ASAP. How quickly can you get divorced where you live? It varies quite a lot from state to state. You can switch to a divorce waiver. Just so you know, you will almost certainly receive your 10 year green card. Even if the worst case scenario happened, and your jointly filed I-751 was denied, you can refile with a divorce waiver (or with another joint petition, if the relationship improves and the marriage continues). Something to keep in mind though - you very likely will need to file for citizenship under the 5 year rule instead of the 3 year rule regardless of how this plays out, unless your marriage miraculously recovers and you don't move out. Citizenship is also one reason why you need to be careful/diligent with how the I-751 is handled, because you don't want to be suspected of misrepresentation or fraud.

Your situation isn't unusual but it puts you in an "everything but the kitchen sink" scenario where you need to provide every scrap of evidence you can pull together. Some pointers and other ideas for things to provide: For the photos, put them into a Word doc where you can add a description (we did 4 to a page). In the description, put the date, location, and names of everyone in the photo. For evidence of trips together, include any reservations, tickets, confirmations, etc. that show your names. Are you both on the same car insurance policy? If so, use the policy documents listing both of your names Are you both on the same health insurance? If so, provide proof Do you have any joint memberships? Gym, Costco, etc. Are you on the same mobile phone plan? If so, provide proof Are you listed as beneficiaries on any accounts (retirement, life insurance, savings account, etc.)? If so, provide proof Have you received any invitations or cards addressed/written to you both (wedding, holiday, etc.)? If you are each other's emergency contacts for work, school, doctor, etc., see if you can get documentation of it

#2 will not apply. Removal of conditions was already approved, so OP's wife has a 10 year green card.

Your case status should update to something along the lines of "Card was Mailed" with a tracking number soon. It usually arrives within just a few days once you have that update.

The purpose of an I-130 is essentially for family re-unification inside the U.S. The petitioner has to establish domicile (or show adequate evidence of "intent to establish domicile") before the interview. Usually this involves the petitioner moving back to the U.S. beforehand if the petitioner is currently overseas.

Gonna go with @Crazy Cat for this one

Do you know if your field office does same-day oath or not? How long is your work trip?

If they are asking for these, that means they want ALL schedules that were used when completing your tax return (1040). As already stated, a W2 comes from an employer. If you did contract work, you may have also received 1099(s) from any company you contracted with (this often includes gig work).

Did the arrest happen before he was an LPR? Was he only arrested or was he actually convicted of a crime? When will he be eligible for U.S. citizenship?

You are a resident alien, not a nonresident alien. Though the wording doesn't really matter - your are authorized to work. Filing jointly was the correct choice.

We have always gotten passport photos done at CVS and never had an issue. You can also take photos yourself as @Mike E suggested. Though taking the photos in front of blank white wall removes the issue/debate around "removing the background".

I agree with others - try the ESTA first and if denied, apply for the B2.