Cathi

I know it's easier said than done, but try not to be anxious, the CO will pick up on it. Just tell the truth and you'll be fine. And as @Crazy Cat stated, be over prepared, better to have too much evidence than not enough. Best of luck!

Big Guns???????????

So many unanswered questions, without those answers and a copy of the notice from "USCIS", no one can accurately tell your "friend" how to proceed.

Why would you think that he qualifies for Medicare? Medicare is for U.S citizens & legal residents only. And even at that, he would have to pay 40 quarters (10 years) into payroll taxes to qualify. You would have to pay 100% out of pocket. No such thing as an "emergency visa" and the likelihood of getting a visitor visa at his age, with child who's a citizen, coming here to seek medical treatment, is just about zero. The CO will see immigrant intent written all over it. Getting a visa from Pakistan in any category is extremely difficult for even easy, straightforward cases. the documentation alone that they would require just to begin with, would be astronomical. Even if there was an emergency visa (there isn't), diabetes and prostate issues are not an emergency. Both are very treatable, no matter where you're from. Just stating facts.

Well keeping it a secret isn't cool, either. It has misrepresentation written all over it. Lying by omission is still lying and USCIS is very good at finding even the smallest things. I went to my husband's interview at the consulate so the CO decided to ask me a few questions, one of them being: "Why does your ex husband still have mail delivered to your home?" The only thing that was still delivered to my home with me ex's name on it, was the cable bill. My ex worked for Comcast at the time and he received free cable and internet because of it, so he just never took his name off of the account. I never even thought twice about it and had forgotten, but USCIS certainly knew. The CO understood my explanation and it never caused any issues. USCIS can find out anything with a little research. Either way, it's still not normal to "allow" your wife to have a child with someone else. It wouldn't be difficult at all for USCIS to find out about it. Medical records, healthcare records, child's birth certificate ect..USCIS and the State Dept has access to everything.

Marrying on the first visit has nothing to do with why your visa was denied. I married my husband who is 21 years younger than me on my first visit, a different religion, he's from a MENA country- plus I'm also divorced with kids and I'm sure we had a few other so-called red flags thrown in there as well. He had no problem whatsoever getting his visa, not even an RFE at any point during the journey. You were denied because you allowed your wife to get pregnant by "whoever she chooses" outside of your marriage. I don't care if you can't "medically" have children, it's NOT normal. There is no one here that can give you any advice that's going to help. I honestly don't even think the best of the best immigration attorneys can help. Just some real talk. I've been on this site for 11 years and I've seen and heard a lot of crazy things here, but this one is absolutely takes the cake.

They suspect fraud. He AOS'd from a F-1 and it sounds to me like they don't believe they live together. It doesn't help at ALL that she didn't know how much the rent is, the cars models, when they met and a bunch of other things. Especially since she's the USC and petitioner. Even I have my doubts.

The biggest red flag, and it's a BIG one, is that you have not seen your wife for 3 years. You cannot use COVID as an excuse at this point, people have been able to travel freely for well over a year. It is not normal for a married couple to not have seen each other for such a long time, COVID or not. They only way to overcome this, if it's even possible at this point, is to spend A LOT of time in person ASAP.

I don't think you need a lawyer.

She will not qualify for an expedite just because she's a senior citizen with health problems. Besides, you literally just said that you want to expedite so she can fly back with you in October. It isn't the smartest thing to lie to immigration.

Ummmmmmm....it's federal, has nothing to do with the state you live in. You are not understanding what we are trying to tell you. Under the I-864 you are NOT obligated to pay her a dime in a divorce. Ever. The I-864 merely states that if she uses any means tested benefits like: Welfare, food stamps, Medicaid ect...that YOU as the petitioner would under the law, have to repay the government for any benefits used. That's it. End of story. You do not have to pay her a single cent under the obligation of the I864. Period. Full stop. You had a terrible divorce lawyer and you received TERRIBLE advice from an immigration attorney. You got HOSED. Alimony/child support are separate issues that have NOTHING to do with the I-864. Just because you run a software company, is no excuse for not knowing what the I-864 is and means, as far as the law. I'm a dental hygienist, not an attorney, and I understand.

Why on Earth would you not tell him? You are putting his life in danger because you're scared of what he'll think, that's the most selfish and immature thing I've ever heard. And as others have already stated, it is illegal in several states to NOT tell him. I've been on this site for over 10 years and it never ceases to amaze me the things that people try to hide from their significant others. Not to mention the things thing people lie about and try to hide from USCIS and the embassy. This is one for the books.

You came here asking for advice, now you're arguing with the facts. Just because someone you may or may not know in some hotel somewhere on vacation in the U.S., took a work call or email or 2, does not make it legal. It merely means that they got away with it and they violated the terms of their visa. You cannot work, physically or remotely, while here on a B visa. Fact.

It's 100% absolutely fraud for planning it on his side. Again, it is immigration fraud, illegal and there will be no happy ending if this is what he does. A permanent ban to the U.S.

My thoughts exactly. It's far safer than it is in the U.S.

Why on Earth did she quit her job to move there? I get that you want her to experience your country and culture, but doing it in the midst of you immigrating to the U.S was not the best move. Obviously neither of you has done much research into just how expensive the K-1 process is. It would be best if your fiancé joined VJ as the U.S citizen and sponsor.

I'm just wondering why she would want to stay or return to the U.S. If it were me, and I were pregnant with an abusive soon to be ex, I would want to go home to my family and raise the child at home. That's just me. If she stays here, or comes back after the baby is born, it will not be easy for her. Being a single mom is not easy, especially alone in a country where you don't know anyone. The cost of living alone is the U.S is astronomical. How would she be able to afford to live here? Just throwing that out there because it's definitely something for her to consider. I mean what happens if she stays, gets into a custody battle and wants to go home. She won't be able to once the baby is born.

It's not their job to tell him to adjust or not.

Agreed. I have been on this site 11 plus years and I've never seen success in this situation. Not even once. USCIS will request a divorce decree for your fake marriage. A divorce decree for a marriage that never happened. Do you understand where this is going?

It is not a chance, it's a definite. They WILL be denied entry. Period. End of story. Entering the U.S. with a visitor visa with the INTENT to stay and adjust status, is immigration fraud.

I've been on this site for 11 years and nothing about USCIS and it's processing times have been predictable or made any sense whatsoever. Just when you think you have it figured out, something changes for no apparent reason, without explanation. Trying to figure it all out will drive you crazy. My husband and I had a very simple journey, from submitting his I-130, up to including naturalization, never so much as even having an RFE at any stage. And we had some major so-called "red flags". At the same time, others who started when we did, who had no red flags took months and in many cases, years longer.

My husband was summoned as an LPR and he merely responded saying he was not yet a citizen. That was the end of it, no one ever contacted him again(in New Hampshire).

You said in your original post that the scarring is from covid.

My advice is a marry and file a CR1. Less expensive by far and no waiting to work or travel for partner after arriving.

There is no waiver for a visitor visa.