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Actually you can also file as "married jointly". If he has no income to declare, then this will result in a much lower tax. You can do this even though he is not a US resident and doesn't have a SSN. But there are a few simple steps to follow to do this; they are clearly documented on the IRS webpage.

Then at least you are safe from am IRS audit. If you amend the return, then your ex will need to also amend otherwise an automatic audit will come in 2 years. And usually your divorce agreeement spells out an agreement on how the last tax return filings will be done. So if the divorce agreement conflicts with that, and she doesn't agree to amend with you, that will be another nightmare. The I-864 is only to prove your income. Does it identify what portion is your income vs your ex? I would imagine when K-1's are processed quickly, its common for the prior year transcript to be a joint. I don't know how USCIS deals with that. But there is also a wages tax transcript which shows all the W-2's. I would just be sure the tax transcript makes it clear that you have the required income, include the wages/w-2 transcripts or copies of your W-2 for additional proof of income. Then pray you don't get an RFE. Or you could do it all correctly, which is to file the amendment. But that can take 1-2 years to process so you won't have a transcript and will need to send in your tax return with W-2 and 1099's.. and still hope for no RFE due to tax transcript. But that is less risky. Probably best bet is to consult with some lawyers or agencies that have had real experience with this

Did your ex file this joint tax return with you, or did she file her own tax return?

To file an I-129F, you only need to prove you have met within 2 years of filing the form. It doesn't matter if you were married when meeting her. The proper way to prove that so you don't get an RFE is another topic. But you should start preparing and/or planning gathering that evidence now or for your next trip to visit her. You also need to prove both of you intend to get married, but that is just a simple signed 1 paragraph affidavit. You can even have her sign that on your next visit. For the proof of a bonifide relationship when she interviews at the embassy, it also doesn't matter if your photos and relationship started while you were married to your ex. What matters is the quality of evidence of your bonifide relationship. Getting the divorce finalized is a emotionally dramatic, even after being seperated for 1 year. So a K-1 makes a lot of sense, rather than getting married the next week. However, in your case, I would highly recommend just having a longer relationship, at least 2-3 years and then re-visit the decision to do a K-1 or CR-1. For myself, I prepared the K-1 package prior to the divorce, and about 3 days after the divorce, I filed the I-129F. However, I dated her nearly 6 years prior to this so I knew her and all her family very well and wasn't just jumping in on an emotionally rebound. I suggest you take your time too.

Ahh, I hope sent in court certified dispositions of the cases. Should go smoothly ...

What documents did the RFE request? What was the issue?

There is a agency run by a Filipino-American couple that I used that specializes in Philippines K1 and CR1 VISAs. It was only $600 and they did a fantastic job and provided unlimited support through the whole process. My case was complicated and they gave me better advice that the lawyers tried to give me. The saved me when I had to do a waiver. They knew a lot of subtle things specific to the US embassy that other agencies wouldn't know. They have done several thousands of them. I'm not here to advertise for them, but if you PM me I will be glad to give you their contact info.

How many days has it been since it was delivered and not marked as received?

Since you were admitted under a K-1 VISA, you should leave question 3 and 4 blank. Don't even need to put down N/A, because it says "if any". This is how I and countless of other K-1 AOS did it ...

When I filed for my Wife's I-485, my tax return was for being unmarried since taxes are not due until April and it was too soon to submit joint taxes. I provided no other evidence other than my passport to prove I'm a USA citizen, and the marriage certificate. USCIS knows you just got married days ago on a K-1 and they don't expect you to have joint bank accounts, or joint anything so fast. Clearly this is not a case of applying different standards. There must be some red flags, and they are seeking all this extra evidence now because of these red flags. The big question is what are these red flags. I am guessing there is some facts or data here that we don't know and that the USCIS isn't so stupid to request a ton of married evidence when they know you just got married. They live and breath this and something about this case, which we don't know the details of, set of the alarm bells and red flags. Maybe they even felt some of the submitted documents were fake such as the joint tax returns filed before tax season even opens. I have no idea, but I am sure there are facts that we don't know and that USCIS is not telling you, and for which they need compelling evidence to overcome. Maybe someone even reported them to USCIS... In anycase, I agree with others, the only way around this is to start collecting an abundance of overwheling and compelling evidence ...

Usually the earliest the tax season opens for filing is January 29. But you filed your I-485 before then. So how did you file joint taxes so early? Also, most people, can't file until at least March until they get all their w-2's, 1099's from the banks and brokerages. Therefore, how is it possible that you filed 2023 taxes, prior to filing the I-485 in Jan 2024?

Were you 2023 joint taxes that you submitted for you and your ex-wife? Or with your current wife?

If you are both residents of Massachusetts, you technically cannot get divorced in a foreign country because that would bypass the divorce laws of Massachusetts. But if your wife was still considered a resident of the DR, or a big maybe, if the DR still has legal jurisdiction over your Wife (or you), then it would be legal in Mass. Some Countries have a law that will consider you a resident for the purposes of granting of a divorce after staying there for a week (in order to get around this issue). Hence, the strength of the divorce certificate and the terms of the divorce (alimony) depend on if you can prove the DR had jurisdiction over you or your ex, just one is enough. Hence, you should be fine unless your ex takes you to court to challenge the validity of the divorce or the terms of the agreement. If you can prove the DR had jurisdiction, you'd be all set. And the answer to that depends upon the law in the DR. There have been rare cases when the wife went to file for social security or something, they denied it saying the marriage was not legal due to the divorce not being valid under the laws of your State, often due to the place not having legal jurisdiction. I had gotten divorce overseas as well. I have had zero issue or questioning using the foreign decree in getting remarried or getting a visa and greencard, etc.. with my new Wife. But we got divorced, same as you, in the country where she got married, but in my case she stayed in her Country, so no one can challenge the residency and hence the jurisdiction. Since your Wife is from DR and you got married there, probably you won't either, unless your Wife tries to challenge it. Then it would depend on how good your lawyers are and the judge.

Congratulations! I stand corrected.

Did your MIL have her interview yet? When is it scheduled for? I'm excited to know what the result is and if there is anything lessons or advice you learn from her interview that could help others in the same boat. Thanks

Yes, every word he said is typed in by the officer and his comments and his reason for denial. Its extremely rare for these types of lies to affect an I-130/K-1 visa since the intent is to immigrate anyways. But recently there was one such case. However, you do not really know what he said during his 1st or 2nd interview, or what the officer dug up on him. Neither will tell you. If it really as simply as lying about having a gf/financee or knowing someone in the USA during his first interview, most likely that will be forgiven so I wouldn't worry about it. If it is something more insiduoius, you'll find out later ...

There are several webpages that do a good job in comparing them and compete for a good price. Usually I use https://www.squaremouth.com/

As I said, the mentality, and decision making process of granting a tourist visa to someone in a high risk and fraud country that has strong ties to the USA (her daughter, your house, etc..) is not going to be what you expect. It is infuriating and frustrating. They have very strict guidelines which transcend common sense and fairness. The fact that she is coming over to the USA by herself, never workeed, has presumably adult kids (no little kids to take care of), doesn't have a job to come back to, probably can't support herself without your help and the tickets, and I presume "not rich living in Makati", etc.. is not going to get her a VISA unless you have a lot of other factors that you have not revealed. Remember, to get a tourist vias you do proving why you are going to the USA is not what is required to get a visa. Hencing proving she will visit you and stay with you means nothing. The CO is required by law/regulation to presume the applicatant is trying to immigrate. The requirement is the applicant must prove why they will not immigrate, and return to their Country. How can your MIL prove that that she will return to her adult children in the Philippines rather than stay in the nice 4500sqft comfortablel house with her favoriate daughter married to the American with potential medical issues? She has 1 minute to prove it .. and just saying she has her husband and adult kids isn't enough. Countless of other people in her shoes have done the same and "changed their mind" after arriving. So they ruined it for honest people like ourselves. I presume she has not traveled to Europe, Canada, etc.. yet either? Its going to be a very hard and unlikely sell. I'm not trying to be a jerk .. I'm just telling you what its like and how the CO's think and their requirement. It's not going to be the common sense that you are thinking. I hope you prove me wrong ... If you do, I might try it for my MIL too. But otherwise, I'm not going to waste what I think will be a waste of time and money and create trauma and dissappointment.

They did reply back to me the next morning by email. I suppose you could try that, but I would not recommend it. The email reply I got had a case number attached that the form apparently added. I don't know if emailing them directly will generate a case number, and since there are so many sub-departments withing GE it might not get directed to the right one. For my issue I chose "precheck not working" in the form, in order for them to change the global entry name to her passport name rather than the greencard name.

The CO does not decide before the interview. But as they walk up to the interview window, they read the file and the results of the extensive database files they have on her. They have interview countless, of people, they hear all the same stories, lies, exagerations, pleading, clever strategies, and so forth all days long, day after day. It only takes a minute or two for them to know if they are eligible. Money in bank accounts is important, but they know very well its easy to transfer it in, let it season,, and then transfer it back out. Its common tactic. So showing a pile of money istitting n the bank account for the last 6 months is useless by itself. It doesn't make any sense by itself. Your reasoning that your USC wife had the ability to petition her an easily get her a VISA is proof that she is not going to stay is also not going to help at all. While it makes common and good sense to us, its zero proof to the CO. Countless people change their mind, have a sudden issue, and want to bypass the I-130 even if it means misrepresentation or illegal overstays. They have ruined it for us. All the CO is going to see and think about is that she has strong ties to the USA with her daughter and you there, and that is going to be living at your house .. Unless she has some status there such as a professional job in Manila, high salary, husband and kids there that is very compelling for her to return, then its not a very likely chance. All the common sense and reasoning and "proof", letters, affidavits, etc.. you have while she will return won't help, you won't be allowed to paint the picture that you want, they don't use that type of reasoning and thought process... They are going to take a quick look at her background and know very quickly if she falls into the bucket of the people who go and never return regardless of whether it makes any sense for them to do so (such as being able to do it legally through her wife). In summary, she have very strong ties to the USA, so unless she has very high status, and life story, etc.. the CO won't find her eligible, .e.g. having more ties to the Philippines ... On the otherhand, if she is going to apply for a tourist visa to Canada, they don't even interview in person and use the documentation you supply as proof and they use the common sense that you are thinking of. I was able to get my fiance a tourist visa to Canada using my bank statements and common sense that she must return to Philippines to get her K1. She got her visa in a week without an interview. USA is completely opposite how they judge you for a visa Better try to pull the strings, but that is more like big rope .. Might be better to save it.

When I logged in to GE, there was a "need help" link under "support". That link took me to this form where I was able to submit a ticket. https://www.help.cbp.gov/s/questions?language=en_US

Huh? What do you mean? Consider yourself very fortunate, you have saved a huge amount of money, stress, and time compared to getting divorced soon after he arrives, and when he leaves you and requests you support him since you signed the I-134 support agreement. Don't be a gullible American victim. No one, repeat no one, is going to do what he did to you if they are serious. He would have discussed it with you, request you move the interview date later .. More than likely he is just trying to scam you for more money

Nov 10 should not be a problem at all. I would just find the best airplane ticket deal with the best routing and book it now. Otherwise as you said the prices will skyrocket. While you may be aching for her to come here ASAP, an extra 1-2 weeks or even 3 months is going to be a so insignificant drop in the bucket and long forgotton once she arrives. It will give her more time to do some final shopping, have good-bye parties, etc.. We actually delayed my fiancee's trip by about 2 months so she could spend more time with her family and for me to arrive to have a huge good-bye party. Just be sure the ticket has an option to change the fight with a change fee that you don't mind. For myself, I just used miles to book it which had a very minimal change fee. As others have said, despite your confidence, there is still plenty of risk of having an unexpected delay. Geting married by the end of the year will also allow you to file taxes married jointly and save you a LOT of money in taxes. But one warning, you need to be careful with the LBC shipping of the passport back. The safest thing is to just pick it up in Manila with having it shipped back. My Wife's is in the province in Luzon, and LBC can take 2+ weeks to deliver something to her since its outside their normal delivery area. Sometimes they even just send it back, Tberefore, iInstead of shipping it to her home, we just shipped it to the closest LBC office that accepts the passports from the embassy (not all do). It only took 3 shipping days to arrive there. Much easier than going to Manila to pick it up and not worrying about home delivery delays due to being out of the delivery area.

Agreed, but now that they have raised suspicion, and every thing that was discussed or during the interview has been recorded and will be re-reviewed at any future interview, the total picture needs looked at and understood to make sure there was nothing else that caught the embassy's attention. If it was really as simple as getting engaged too fast, then spending more time will be the only fix needed. And no need to over analyze this. But playing devils advocate, the embassy is not going to tell you everything that made them suspicious, and any secret background data they pulled on either of them or their cousin, etc. They will look at the total picture and totality of circumstances starting from when they first met and got engaged. Also, applying for a CR-1 does raise the bar for any suspicion they might have. For a K-1, they are pretty much free to deny it just on their gut feeling. But for a CR-1 they need more substantial evidience of the relationship being not bonifide to raise the bar to deny a CR-1. So if there was really nothing suspicious other than getting engaged to early, spending more time and doing a CR-1 will be double/triple strong to being approved next time. But you really should just spend enough time together, and prove it without needed to do a CR-1. Often the visa officer is right, whether you know it or not.

- What is the story for how your cousin had met your fiancee and then introduce her to you? For example, is your cousin married to a Cambodian? Is your fiancee related to your cousin in any way, such as a sister-in-law of his wife? - How old are you and your fiancee? - How many days did you stay in Cambodia when you met her? - How many times have you meet her since you got engaged? - Did your fiancee explain that you chatted for a year prior? - What other questions did they ask your fiancee?