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Well I spoke to a lawyer. It's looking like my best option is to get married, withdraw the I-129 and reapply with an I-130. And yes I would still have to file the waiver anyway, but getting the waiver approved is apparently unlikely if we're unmarried as I now have to prove hardship for myself and our daughter without him here. So I'll be starting the process again from zero :( this is so defeating. We've already waited so long. 

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13 hours ago, Arih3 said:

Well I spoke to a lawyer. It's looking like my best option is to get married, withdraw the I-129 and reapply with an I-130. And yes I would still have to file the waiver anyway, but getting the waiver approved is apparently unlikely if we're unmarried as I now have to prove hardship for myself and our daughter without him here. So I'll be starting the process again from zero :( this is so defeating. We've already waited so long. 

That's really hard to deal with. So, I guess you have to decide on the best course of action. The one that will likely yield a better outcome. Filing a waiver and proving hardship while reapplying an I-129F versus getting married and applying for a waiver alongside the I-130. Only you and your fiancé can decide on the best approach. I do suspect like I said in an earlier quote that the line for a visa interview in Australia after the I-130 approval may not be as long as other countries in Africa and the middle east. That's just something to consider especially if you feel the I-130 will likely have a better outcome. So you will hopefully not have to wait as long as the average wait time. Also, consular officers can cast doubt about a bona fide relationship between finance and fiancée but they can't stop you from getting married and can't say your marriage is fake especially having already been through the I-129 process and having had a child with your fiance. So you will have enough evidence to show proof your relationship. Just have to pray and hope the waiver gets approved as you proof hardship. Raising a kid without the father is already hard and they should know that. I wish you the best in whatever choice you take. I would try to get started ASAP.  God bless your effort. 

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7 hours ago, Habesha Love said:

That's really hard to deal with. So, I guess you have to decide on the best course of action. The one that will likely yield a better outcome. Filing a waiver and proving hardship while reapplying an I-129F versus getting married and applying for a waiver alongside the I-130. Only you and your fiancé can decide on the best approach. I do suspect like I said in an earlier quote that the line for a visa interview in Australia after the I-130 approval may not be as long as other countries in Africa and the middle east. That's just something to consider especially if you feel the I-130 will likely have a better outcome. So you will hopefully not have to wait as long as the average wait time. Also, consular officers can cast doubt about a bona fide relationship between finance and fiancée but they can't stop you from getting married and can't say your marriage is fake especially having already been through the I-129 process and having had a child with your fiance. So you will have enough evidence to show proof your relationship. Just have to pray and hope the waiver gets approved as you proof hardship. Raising a kid without the father is already hard and they should know that. I wish you the best in whatever choice you take. I would try to get started ASAP.  God bless your effort. 

yes thank you for all the support. We've decided to get married in Australia while I'm visiting and file an I130 along with the waiver. We're going to go ahead and do it with a lawyer this time just to make sure we do everything we possibly can. I really hope you are right about the wait time but I guess we are just going to have to be prepared for the long wait.

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On 2/1/2017 at 6:27 PM, Arih3 said:

yes thank you for all the support. We've decided to get married in Australia while I'm visiting and file an I130 along with the waiver. We're going to go ahead and do it with a lawyer this time just to make sure we do everything we possibly can. I really hope you are right about the wait time but I guess we are just going to have to be prepared for the long wait.

So sorry to hear that it's more waiting!  Hoping you have a great lawyer who will guide you expertly through the process.

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WOW!!

It is really sad to see that a crime so long ago still affects your life :(. I'm sorry for you guys. I think we all know what it is about to be apart invest so much money and time into paperwork and at the end you have to start from scratch. I hope you can work it out with the I-130! Good luck!

 

For ourselves we just had our courtwedding this weekend and our actual party will be in september with all the friends and family. We also sent the AOS in right after. We filled out the blank wedding paper wich was signed by the judge. Will that be an issue or should we have let it notarized? 

 

The AOS is tough too. The guides here on VJ (idk if I just didn't see it anywhere) is a bit confusing. If you guys are filing for the AOS read the VJ instructions and also the ones of the forms. I just randomly noticed to put in proof for the sponsors citizenship for the afffidavit of support.

 

I hope you all have a great lovely valentine's day!

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Hi everyone, I hope you are all still following this board!! We were married this past weekend and now onto AOS!!! I printed out all the forms (phew) and I am just wondering how much "proof of marriage/relationship" evidence you all sent in with the application? Or will that wait for the greed card interview?

 

Thanks!!

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Just now, Chris/Uni said:

Hi everyone, I hope you are all still following this board!! We were married this past weekend and now onto AOS!!! I printed out all the forms (phew) and I am just wondering how much "proof of marriage/relationship" evidence you all sent in with the application? Or will that wait for the greed card interview?

 

Thanks!!

hiya! Congratulations!! To file the AoS all I submitted was the marriage certificate. I believe all the "proof" comes in later during the removal of conditions.

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