geowrian

Actually, that appears to be the case from their timeline. So the K-1 wasn't denied, the I-129F was. At least that's only 4 months and $535 wasted, not the full ~$1000 and few extra months.

I'm sorry to hear about your case. But I do agree...getting married and doing a CR-1 would be the path of least resistance and highest success.
 
For others who read this thread later...
Please....do not do anything at all that could be misconstrued as a wedding when seeking a K-1 visa. The lack of legal paperwork that you are married is NOT sufficient. If the CO believes that you are or may be married, then they have to refuse the visa.
 
Edit: Oh wow...I just noticed your past thread. You were specifically advised not to do this and the risk involved.

The material misrep representation absolutely can be overcome. No doubt there. It can be expensive and add time, but it’s possible. But the specific issue here is getting to the misrep representation bar...until they can convince USCIS that the prior marriage was dissolved or never really existed, the case won’t proceed to interview to address the misrepresentation issue.

Certainly not the first time this has come up on VJ...there tends to be a few to handful of cases annually.
I have not seen a successful resolution. That could be due to people just not coming back to update their thread, or it could be because no solution to immigrate to the US was found (in many cases, they either eventually break up or immigrate in the other direction).
 
The issue isn't only the lie, but that the lie is assumed to be true. You are saying you lied in the past, but how do they know that's true? You could be lying now instead. They will want to see evidence of what the truth is. Namely, they want to see that a marriage was dissolved.
Failing that, showing that a marriage was never entered into is possible, although that's trying to prove a negative, which is very difficult. A lack of a record of a marriage record in a given jurisdiction only means that there is no official record of a marriage there by that issuing organization.

1) Your wife's household size is not impacted by having a joint sponsor. If it was 4 solo, then it's 4 with a joint sponsor.
Similarly, your joint sponsor's household size is not impacted by your wife's household size.
 
2) Not sure what you mean here...
For your wife to file as the only sponsor, her income must be at least 125% of the FPL for her household size. Under = cannot be approved. Over = judgement call by the IO based upon a totality of the circumstances (https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf).
 
If she uses a joint sponsor, she would still list her income and such, but she does not need to meet any sort of income level. That's what the joint sponsor is for.
The joint sponsor must meet 125% of the FPL for their household size for consideration.

That only applies to categories that permit derivatives. The CR-1/IR-1 is in the immediate relative category, which does not permit derivatives.
Edit: More specifically you can add the child to the existing petition fine, but they will not qualify for any immigration benefit from that petition. They require their own petition.
 
From the first paragraph of the link you provided:
"If you are a U.S. citizen or lawful permanent resident (“green card” holder) who wants to bring a relative to the U.S. on a “family preference” visa, you don’t need to file a separate “I-130” visa petition for any children your relative has – you can just list the names of the children on the I-130 that you’re filing for your relative. "
As noted above, a petition for the spouse of a USC falls into the immediate relative category, not family preference category. See also https://www.nolo.com/legal-encyclopedia/when-children-can-immigrate-the-us-with-their-parents-derivatives.html.

Correct - I-134 for the K-1 visa, I-864 for AOS.
 
Only a copy (transcript is simplest) of the most recent year is required. The other years are optional.
This is separate from showing evidence of your current income. If you have a W-2 job, paystubs and/or an employment letter show your current income. Taxes in that case would only show prior income.
(Logically, what does what I made 11-23 months ago show in terms of how I can support somebody today?)

Please, read the link directly from the source. It very clearly states the requirements. I did not pull the wording out of thin air...the source is there right from the horse's mouth. I'm not sure how else I can make it more clear:
"Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence."
 
Re: AOS
If somebody waited over a year to file for AOS and then it took another year for AOS to be approved, then they will get a 10 year card as well. It's based on the day you become an LPR, not when the card is issued. For AOS, these 2 events are usually very close to each other, but not the same. For an immigrant visa, the date of visa issuance and POE could be up to 6 months apart.
 
The type of visa you will get is based on how long you were married at the time the visa is issued. Your status is based on how long you were married at the time you were admitted to the US on an immigrant visa.

It's based on how long you are married when you become an LPR. You become an LPR upon entry at POE via an immigrant visa (or when AOS is approved). When the card is issued is irrelevant...the card is just a piece of plastic acting as proof of your LPR status.
 
Edit: Source: https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage
" Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. "

I see.

How does one expedite security checks?

True, although immigration is one of those cases where just being innocent in criminal court - or having charges dropped - isn't necessarily sufficient. Entry on AP is at the CBP officer's discretion, and there's not really any way to challenge their decision.
 
Obviously it's safer not to travel. I think you would probably be okay, but it is riskier, IMHO, than somebody leaving on a clean record.

Let the IRS deal with the tax stuff. Move on.
 
I don’t blame you for investigating him. Trust, but verify. That does NOT mean somebody should invade somebody’s privacy (like searching their phone), but researching public records is open game. I did the same and am upfront about it - and others have done the same for me and I’m fine with that. I have nothing to hide, but even if I did, it’s not something I would hide from a fiancé or spouse.
 
Surprises are for parties, not bad news.
 
Also, somebody that is evading taxes and doesn’t care is a red flag about other things they may do when they think they won’t get caught. Obviously this guy doesn’t want to live on the up-and-up. It sounds like you don’t want that life, so all the more power to you.
 
Good luck in the future.

Good list! Thanks for sharing!
 
The only one I would kinda disagree with is #1. Being prepared is good in terms of the other factors noted - being nervous, sharing too much information, etc. But for the core questions, I actually believe it is something one generally should not practice. An answer that appears rehearsed can go against you negatively as well.
I guess my suggestion would be "know your stuff, but don't rehearse it".

Depends on how much unlawful presence was accrued. As noted, D/S does not automatically start accruing unlawful presence when status is violated via termination of the SEVIS record. Normally it requires a formal finding that status was violated by an IO, IJ, or the BIA.
The current rules governing this are in this USCIS memo: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF
 
There was a change to the rules in 2018 in which he may have been be impacted (https://www.uscis.gov/news/uscis-issues-revised-final-guidance-unlawful-presence-students-and-exchange-visitors), but this was halted via an injunction.
 
For consular processing specifically, here is the relevant FAM section: https://fam.state.gov/FAM/09FAM/09FAM030211.html
 

I'm sorry to hear about your case. But I do agree...getting married and doing a CR-1 would be the path of least resistance and highest success.
 
For others who read this thread later...
Please....do not do anything at all that could be misconstrued as a wedding when seeking a K-1 visa. The lack of legal paperwork that you are married is NOT sufficient. If the CO believes that you are or may be married, then they have to refuse the visa.
 
Edit: Oh wow...I just noticed your past thread. You were specifically advised not to do this and the risk involved.

You're petitioning your sister, not her spouse or anybody else. Derivatives come into play at NVC near when the PD is current...in ~15-25+ years (depending on country and how many people get a visa in front of your sister).

I made no remark about your marriage, and you've provided no information about it for anybody to even make an informed remark about it.
If you have no issues, then AP is a small risk IMO. It's not risk-less....things can happen while abroad (either at re-entry or in the rare condition that AOS is denied while abroad).

Stories like this show up several times a year on VJ. Unfortunately, there is virtually never an update where they were successful in overcoming the requirement to provide evidence that the marriage was terminated (because it never existed, obviously). You can do searches on this site and ask around, but the reality is I don't have a success case to refer you to.

If the visa was only refused due to a public charge concern, the petition won't be returned to USCIS and no NOID or NOIR will be issued. That's only if they believe the petition is invalid (i.e. not a bona fide marriage).

Still not guaranteed.

For clarity, USCIS is not using anything for its unintended design. They are required to do so by law as part of the Adam Walsh Act itself. They would be in violation of the law if they did not enforce it.

Yes, the correct process would be to marry (anywhere is fine) then complete processing outside the US. Entering with intent to stay would be fraudulent.

I'll just reiterate that there are more criminal limitations for a fiance/fiancee petition than that of a spousal petition. For the spousal visa path, being aware of the history is the main item (and not having an AWA crime, obviously).

I'm sorry to hear about your case. But I do agree...getting married and doing a CR-1 would be the path of least resistance and highest success.
 
For others who read this thread later...
Please....do not do anything at all that could be misconstrued as a wedding when seeking a K-1 visa. The lack of legal paperwork that you are married is NOT sufficient. If the CO believes that you are or may be married, then they have to refuse the visa.
 
Edit: Oh wow...I just noticed your past thread. You were specifically advised not to do this and the risk involved.