Daphne .

Being admitted to the US is always up to CBP’s discretion, so there’s not much you can do unfortunately. But being denied entry based on suspected immigrant intent is not a reason for an immigrant visa denial. Can you provide more info on the denial of her immigrant visa? And who petitioned for her? Did she have her immigrant visa interview and how did that go? Also, ‘refused’ doesn’t mean ‘denied’, it just means that it needs more review.

If I was in your situation (and I actually have been in your situation!) I would choose not to do an adjustment of status. It always sounds like a great idea until you are in the situation where you can’t work or even leave the US for an emergency for example. I chose the consular processing route because I knew I would be absolutely miserable being stuck like that. Also, I had a stable job and life ‘back home’ and only left for a short visit, so changing that to just staying in the US unprepared, quitting my job without a proper notice, etc. was an absolute no for me. I am very happy that I made that decision because I was able to tie up loose ends and do it properly and was able to start a new job fairly soon after moving to the US. This helped me to integrate and build my own life in the US. I have zero regrets. Food for thought!

Reading this already gave me anxiety! 🤣 I got married at our house, a friend married us and we only had my husband’s family as guests. It was -40 F outside, so that was easy in terms of keeping the food frozen until it was time to serve it 👍🏻 in hindsight I do regret that we didn’t have a second celebration with my family and friends in my home country, but maybe we can do that when we have our 10 year anniversary.

I am in the same situation and never had issues. Always book your tickets under the name in your passport and make sure to also bring your marriage certificate when traveling as proof of your name change.

Thanks! @Crazy Cat: can you get that updated?

This can happen to greencard holders who have been outside of the US for a long time, and is not new.

Yes, I think you would make a serious mistake if you tried to DIY this one. This is too important to try to save money on.

“Effective Dec. 2, 2024, if you are required to submit Form I-693, or a partial Form I-693 (such as the Vaccination Record), you must submit it with your Form I-485. Otherwise, we may reject your Form I-485. “

Congrats! Best to add this to your timeline because that will help members more. I know people on Reddit for example post timelines like this, but we have an actual timeline feature here which is great and easier to track.

You were admitted to the US, and it looks like you got yourself into a situation that you have nothing to go back to so AOS now seems to be your only option. Not sure why you ask us what you should do when it seems like you made up your mind. No point in crying over the fact that it might take moths to get work and travel authorization now. You made your bed, right? We all answered your question with the most reasonable advice.

Why on earth did you cancel your job and apartment??? Based on what you wrote, it seems to me like you had no intention of leaving the US after entering on your Esta this time..

If you’re already a year into your consular case, it shouldn’t take that much longer. After that, the NVC stage doesn’t take very long either and the wait time for the interview will depend on which country you are from. At this point it will likely not take ‘several years’ anymore. If this was me, I would not change to AOS this late in the game, it’s just not worth the downsides of AOS.

It should be in the 'regular' adjustment of status section https://www.visajourney.com/guides/i130-spouse-inside-usa/ and added to the list of required forms. The process for K1, K2 or K3 AOS hasn't changed

Just pick a few that span the entire relationship. No need to submit 50 pictures, pick about 15 that are powerful. Same sex marriages are treated just like any other marriage, so no worries there.

You just take it 1 day (or 1 hour on certain days) at a time. Each day is 1 day closer.

Yes, same here.

Your evidence looks really good and your lawyer really is creating issues where there are none. They are asking you to create evidence that is unnecessary.

What have you submitted to them? And what did they tell you to add? The type of evidence that USCIS requires for the CR1 has not changed in last the 7-ish years that I have been a member here.

Shared finances and such are not required as evidence for consular cases because USCIS understands that couples who live in different countries usually don’t have that type of evidence. Haven’t heard anything about people going through more scrutiny. Where did you hear that?

Paging @Crazy Cat for the awesome list!

“Bring” as in for a visit or to move to the US?

They need your current marriage certificate (so the one with your current spouse) and the divorce decree from your previous marriage.

Not a problem

But now you are in the US and want to adjust status from your B2? Or have you decided to stick with the K1 after all?

My lawyer never said anything like that, they did say that it’s always up to CBP if they let you in. Even if you do get denied entry on an Esta or tourist visa because they think you won’t leave the US after your visit (suspected immigrant intent), it won’t impact a pending I-130.