US Immigration from Guatemala

HI all!

Im an american citizen (born in Puerto Rico) wishing to bring my fiancee to the states. we have been talking to each other for almost a year right now and im about to go to meet her in September. She is a law student from Guatemala, with a 7y/o american citizen kid. Earlier she went to the states, overstayed her visa having her kid here in the states, but she left US at her will (no proceedings involved) more or less 5 years ago.

heres the question: We are planning to wed, but we are considering how it works better in terms of probability to be successful, and secondary time to get the visa / green card.

Talking with a friend of mine that is married with a chinese he told me that might be better to marry then to apply for a spousal visa,

Spousal visa: but how to prove a bona fide marriage if we wont live together till getting the visa?

Fiancee Visa: How the visa overstay might hurt it possibilities?

What do you think??

Thanks! thanks for your advice! Immensely appreciated!

Jose

Hi all, my DH just received a notice for biometrics appointment (dated May 31) that is scheduled for next week, June 19. A few issues have arisen with this letter. First, DH already received an NOA (dated March 29) that a biometrics appointment is not needed and they will use his old biometrics already on-file. Reviewing his case status online, it still shows that "as of April 14, 2019" his fingerprints have been reviewed and approved. He also just spoke with USCIS on the phone this past Friday to confirm his status from an Everify review with his new job and USCIS said his case was all in order and in processing still. He's going to call them today on his lunch to ask for clarification, as well.

Does anyone have experience with receiving a biometrics appointment notice after USCIS already sent a letter saying an appointment is not needed and the online status says biometrics has already been processed?

A second issue we have is that the appointment is scheduled for the local USCIS office near our old address in Massachusetts. We've lived in California for the past year and his I-751 was filed in California. We realized we forgot the AR11 during moving and submitted it in December 2018. The lawyer we consulted for his I-751 had said USCIS doesn't need an AR11 because we submitted the original I-751 with our new address. In any case, we have a confirmation number for the AR-11 that was submitted in December 2018 but both the March 29 "no biometrics needed" letter and the May 31 "biometrics appointment" letter were originally sent to our old PO Box in Massachusetts. We have mail forwarding which is good for another month and is the only reason we've been getting the letters. How do we get USCIS to send mail to our current address if we already submitted the AR11 change of address? We have the confirmation number that it was received when we submitted it online.

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If this matters: We ended up filing his I-751 late. It was originally required in August 2018 but the account I wrote the check from (personal check was stupid, I know) ended up being closed out after the NOA1 was received but before USCIS cashed it. The original I-751 was rejected because of bad payment. We called USCIS and the person said to wait for further notice which was the wrong information and after calling back two months later and consulting with a lawyer, we ended up submitting a new I-751 with an apology letter the day before USCIS sent a termination of status letter from lack of filing a proper I-751. However, USCIS ended up accepting the new I-751 and sent DH an NOA re-instating his status with an extension of his provisional green card while the new I-751 is being processed. So, he's been in-process since late November 2018 and we submitted the change of address in December 2018. The receipt number on all NOAs since November 2018 has been the same and is connected to the new I-751 petition.

I have read many of the threads on this topic already but I still have not found any information on the appropriate manner to upload the passport photo of my husband applicant . Do I take a picture of the passport photo (paper) taken at walgreens with my camera phone and upload that?, do I place it on the scanner and scan it to then be uploaded in that manner? Do I go to walgreens again and ask them to provide me a digital copy of said photograph? If so what form does it need to be in pdf, jpg, etc? What is the appropriate manner of uploading the digital photo ? Thank you,