Villanelle

If you don't get paid on paystubs (w2) then you are technically considered self employed (independent contractor). Unfortunately you would need 1 year of tax returns showing the income reported and over guidelines. Get a w2 paystubs based job. That income can be considered immediately. 1 month or so of paystubs will be enough to satisfy the RFE and by the time the interview is scheduled you will have many more months of paystubs. Does your spouse have an EAD? If so include his w2 income as well, if not he needs to obtain a w2 job as well.

FYI - ICE does not handle single marriage fraud issues. They do handle marriage fraud rings. This is not to say ICE wouldn't be involved just that suggesting the OPs fraud report would result in an armed raid is a bit fear mongering. Investigations into singular marriage fraud cases are done by the FDNS officers. You can send a letter attn FDNS via local office. A copy should also be sent to the service center.

This ^^ this is how the family court typically views it. A parent can be a criminal yet family court still takes the position that nothing is more important than the parental relationship. If the parent is a violent offender the visits may be supervised. Visitation typically remains until a child becomes old enough (14 or so) to express their wishes for consideration. The OP can bring the matter up in family court but I would recommend using an attorney to do so and keeping expectations low. Best outcome would be along the lines of supervised limited visitation and perhaps changing custody order to remove moms ability to make decisions (physical custody is difficult than decision making rights). OP can also report the fraud to the local office by sending a letter to them (attn FDNS) and a copy to the service center. Yes and no. Mom is behaving badly. Of course you should protect your children but that doesn't necessarily mean a total disconnect. Supervised interactions. Allow the relationship, just ensure it's proper.

I don't think the thread linked above is a relevant comparison to the OPs scenario. In the linked thread, for those who haven't read it, the immigrant spouse came on the CR. They filed the n400 the first day eligible in the 90 day window. According to USCIS they are ok in showing LPR for 3 years but have an issue in showing marital union for 3 years as immigrant was technically only in the US for 2y 9m with spouse upon submission. USCIS was going to consider the time they lived together overseas immediately prior to the visa entry but unfortunately they were a few days short of having been together for the 3 month period. N400 requires you to show 3yrs of LPR and marital union. The purpose of the CR is family reunification which in basic terms means your family is not living united and the reuniting begins when they enter. So the OP needed to show for the 3 months prior to entry they lived in union which he failed to as it doesn't appear he was living overseas, just visiting. USCIS would have considered his final trip as living rather then visiting but it wasn't long enough. This is a totally different scenario than the OP here. They have an established home/union, it's just that unfortunately one spouse has to involuntarily be physically in a different location. As for how to present or what to present- the best advice is for people to handle it whatever way makes them the most comfortable. Encouraging a soft spoken person to be demanding or telling an outspoken person they need to stay quiet- well its not going to be sincere. They are going to be uncomfortable and nervous and make a bad impression. Being sincere and honest matters. Of course behave appropriately, polite, respectful, but be genuine. In general it's never a good idea to go into this kind of situation telling the person interviewing you how to do their job or attempting to go all 'karen' and rattle off policy and demanding how they should be interpreting it. So there is a few ways of handling this, depending on what the OP is most comfortable with. - submitting everything and just letting them sort it out. This means leases, work contracts, school records, whatever it is- just the basic paperwork, no explanations and let them connect the dots. This means in the interview the OP would have to be prepared to speak up and argue their position of qualifying if the Officer is connecting the dots unfavorably. -submitting everything with some type of explanation. How firm you want to be again is subjective. It can be in a more passive but assuming tone ie here is the evidence supporting we had a valid marital union. Or a more aggressive tone- ie you must accept this and heres various policy snippets and case law insisting you have to. Personally I would do the less aggressive heres all my evidence and how it should be connected approach upon filing. They will review it and hopefully agree but if not I would be able to argue harder in the interview. I figure starting hard leaves you no where to go. Starting too soft (not offering any explanation or direction) seems like a waste of time or a gamble hoping they see it the way you want them to.

USCIS can only hold your case for so long. They need the divorce decree to approve you. So what happens now? Technically USCIS should deny your 751 because you don't have the decree and send your case to the court. You will get a notice when or if they do this. There is then various steps you would take but I am not going to go through them all because it hasn't happened yet and might not happen. You need to cross your fingers and hope the local office holds your file and waits for your decree a bit longer and doesn’t send it to the court. Your attorney can send a letter basically begging them to have compassion and stall a bit on their side in not closing your case in their system. Its a courtesy they can do but are not under any obligation to. USCIS doesn't want to add to the courts backlog so theres a good chance they will hold it a bit longer than they are required to. But if they don't hold it, its OK. You won't lose status. You will just have to navigate out of the court system once the decree is in hand. And more information can be provided about how to do such if needed.

I think you are interpreting the definition of involuntary wrong. Remember all of the wording they use has specific definitions attached which may differ from normal non legal definitions that first come to mind. I believe the phrase involuntary separation applies here as your wife did not voluntarily leave the marriage (put distance between you all) but rather outside forces (job, school) was the sole cause of the distance. Does that make sense? The separation was not a voluntary one where she chose to live as far away as she could. It wasn't her fault her job or school was located so far away and her attending it doesn't/didn't mean the marriage isn't valid. The key word you posted in your snippet about the exception is 'required'. If you can show something was required then its not a voluntary choice on your part. Also there are no penalties to being denied citizenship besides the actual denial. You don't lose LPR status, you simply lose the fees you paid for the n400 and are told to apply again when you do qualify. IMO you shouldn't attempt to minimize or conceal this but rather bring proof establishing this program or course had to be completed there- hence it was required (not a voluntary choice on her part).

Well the thread is 27 pages and the last page is from 2021. Maybe read through it starting at the last page? And you can always post asking for confirmation the advice you are looking at is still valid. Also I didn't just randomly pull the thread from thin air. It's linked in the guides as a resource for k2.

It doesn't matter if your 6 month P&L shows 1 billion dollars. Self employed income doesn't work the same as w2 income. For w2 income your last 6 months paystubs will be considered. For self employment only income shown on the tax return counts. You can show current P&L to support you are on track currently but its more supporting secondary evidence- like photos or affidavits are as relationship evidences.

If the applicant is a child under age 14 the parent or guardian will sign. Over 14 the child can sign it themselves. And yes, the k2 is a derivative. You can find info in this thread

Well you are never going to have an i94 with a later extension date. And while there are the rare few that get approved super quickly where the person gets their GC before the EAD is issued, its unlikely to be the case here. Most likely you will follow the standard approval timelines and your wife will get her EAD. Most states have online resources that will list all documents they consider for DLs. There is also uniform guidelines for the 'real ID'. You can review the list for both real ID and your states specific individual requirements but you will most likely find the only document she is in possession of or will be on the list is the EAD. As stated previously unless you are in a state that will allow undocumented or 'under documented' DLs the majority of states will not issue a DL w/o proof of status and the expiration date coincides with the expiration on the status document. If your wife was able to secure a DL for the 90 days then yes, sadly when it expires she is going to have to wait for her EAD. I wish it was better news.

What legal presence? Again the k visa holder does not have a 'legal status', they are considered to be 'in a period of authorized stay'. This means they are not 'illegal' nor are they considered 'legal'. Showing the 797c establishes one is not here illegally but it doesn't establish legal. Yes it does but in a limited capacity. They do understand. The 797 is not on the list of documents used to establish a legal status. It can be used to establish you don't have the opposite, an illegal or non legal status. But as others have stated showing you are not illegal is often not enough. They want to see proof you actually have status and the 797 isn't that. The EAD is. You are then a valid EAD holder. Very few will accept the 797c, mostly because they have master checklists that outlines what documents can be accepted. Because the 797 only establishes you are not illegal its not usually on the list of documents that establish status. Does that all make sense? I know its confusing and the terms can be contradicting sounding. And yes! Absolutely the K should attempt to do as much as possible during the 90 days, less they have to wait until EAD is in hand. But don't kick yourself about what could have been. Many places that would have accepted the i94 might have only given benefits for the period of the i94 and once it was up asked for updated proof of legal status such as an EAD or greencard or i94 with later expiration on it.

Ok, so you are not getting a clear answer to your question how do they determine '1 year' because your asking the wrong question. You said his ban ended April 22, so Im assuming he was denied April 21 right? But he didn't go for his first random test until September 21. Why so long? COVID delays? Did he contact them promptly and thats just how long it took? And when was his last test? Did they tell him this is your last test? See its all up to the Dr. They are required to impose a 1 yr period of mandatory random testing. But its up to the dr if they want to start the clock at April 21 or in September 21. The Embassy will accept whatever the Dr says because April 21 to April 22 is one year and drug screens were done but the Dr could also decide they want 1 year of testing done in which case timer didnt start until September. The best solution here besides waiting for the Embassy to get back to you is to CALL THE DR! Ask if they signed off on the medical and if not when will they, if you have to wait until September 22.

1. You will file for ROC 751 at the 2 yr mark from when he entered. The stamp on his passport should have a date. Window opens 90 days prior. There are online calculators that can help determine the exact date. 2. He can change his last name only through USCIS paperwork at ROC or by filing i90 for a new card to be printed. He can change his last name to yours or a hyphenated combo of both (either order). He can't just come up with a new one. If he wants to change his first or middle (or last to something different then above) he has to contact your local court for a name change. Once its approved and the court gives you the name change order, you file i90 for a new card or wait until ROC to update it. He can also wait until n400 citizenship and change any part of his name (3 years of being LPR if you are a citizen and still married) Also FYI SSA doesn’t use middle names. Not sure why an attorney couldn't answer these questions!

Filing the 485 does NOT give status. The NOA even states it's not any kind of proof of status. The k visa is unique. It allows a legal entry and then 90 days of status for you to marry. You then file for adjustment. You are considered to be in a period of authorized stay. That means you don't have status but are allowed to be here while the paperwork processes. You can and should file for an EAD. You are allowed to file for such when you have a pending 485. Once the EAD is approved you technically have a status- EAD holder. Its silly, I know.

Nothing you posted is alarming regarding your immigration journey. You just happened to file in a time of excessive delays. The backlog has and still is being addressed. Some places have a 2yr wait for interview. You will need an interview (most likely won't be waived) due to your adjustment from out of status ESTA. You can find an attorney to review your case if you want. It seems various errors were made along the way, but again I believe the wait right now is due to interview delays. You can check the wait time for your local office on USCIS's website. You can also do online inquiry if you are outside of normal processing times. Perhaps try to change how you negatively view your 'forced' unemployment in a more positive way? Enjoy the time with your child and spouse. Become active in the community. Hobbies. Friends. Lots of things are equally important if not more important than a career. I mean there's a joke about how no one ever says on their death bed they wish they worked more. You are more than your career. Don't let the lack of employment impact your self view. You will get your greencard, and then citizenship if you choose to obtain that as well. Until then-patience.

You only need to file the 130 if you DIDN'T marry in the 90 days

Evidence or proof comes in many forms. Sometimes they ask for things you have but didn't send, like all pages of bank statements. If that was the case you would simply send them. But what if they don't exist? That you didn't send bank statements because you didn't have a bank account? Are you simply out of luck? No! You send a statement stating you had no account and evidences of how you paid for things without one. Im sure you're familiar with the concept of circumstantial evidence. So try to think of it that way. Your statement is the main evidence and you will back it up with as much circumstantial evidence as you can. If you want additional advice on your response before you submit it you can post it here. Just edit it to block personal details or you can copy paste just the relevant bits you want input on.

@Imperium I agree that the OP needs to post additional information. I suspect as a new user they may have reached their posting limit, so we should be patient in waiting their response. I think the OP did explain sufficiently why the n400 was denied. She needed to show proof she was married on 1/14 the date her ROC was approved. As I attempted to explain the USCIS system uses a computer based logic, where it assumes everything is correct. So if the system shows a ROC approval on 1/14 as joint petition- all further paperwork needs to support/confirm such. The paperwork doesn’t obviously because the approval was done in error. From USCIS POV instead of acknowledging the error lies in their approval, they automatically and illogically point to the problem as your supporting paperwork not lining up, and that YOU should somehow be able to fix it by providing the paperwork that aligns with their error. Does that make sense? I don’t see anything in the posts suggesting Sarah bypassed ROC. I understand the bit about using the online system or i90 is confusing. I suspect based on the wording used by the OP like undisclosed reasons for marriage ending and technically approved for ROC- that the marriage ended poorly. That a joint ROC was submitted in 8/13. The divorce was 11/13 meaning a very quick divorce process occurred. Most likely something happened swiftly ending the relationship leaving Sarah completely unheaved. When all the dust settled she probably caught her breath and looked into what was going on with her immigration. She probably found out her ROC was 'technically' approved 2 months after the divorce in jan 14 but 10yr card was sent to previous joint address so she used online system to file i90 and obtain a new card. I could be wrong but this is the most logical and likely scenario based the info provided.

Its hard to understand what exactly happened as it's being narrated by a 3rd party who doesn't seem familiar with the process hence poor wording choices. I am going to outline the situation in very simple language, not for the users here but rather for Sarah and the OPs benefit. They need to understand what exactly happened and how to be able to explain it- in order to try to get the proper legal assistance. It seems Sarah got married on her tourist visa. She and her husband filed the proper paperwork and she got a 2yr card. It had an expiration date of 8/13. She filed a joint ROC within the 90 day period. She was divorced 11/13. She never updated USCIS about the divorce so USCIS approved her ROC in error. It was approved in 1/14. Now Sarah has applied for citizenship. A review of her file shows she was approved for a joint ROC on 1/14. In order to be approved as a joint ROC you need to be married. She was not. Hence her n400 denial saying 'show us you were married on this date'. So rather then USCIS saying oh gee wow we approved the ROC in error- they refuse to acknowledge it was done in error and shift the burden back to you and say you need to show proof that lines up with their incorrect decision. Its absurd but standard practice. A simple follow up filing of ROC won't fix this. What needs to happen is the ROC decision made in 1/14 needs to be undone, then a new ROC filing can be accepted and processed. It may be able to occur concurrently. Typically its an uphill battle to get USCIS to undo these types of errors but with persistence it can be done. Usually involves an attorney sending repeated demands to various specific higher ups compelling them to please undo the incorrect approval so the immigrant in limbo, Sarah in this case, can file it correctly. Sarah should attempt to gather up what she can for a divorce waiver ROC. It may be hard as its been a long time but she should still be able to get bank statements and such with some effort. Perhaps Sarah is one of those people who never throws anything away? She would have lots of evidence in that case. Sarah should reach out to her local bar association for assistance in finding an attorney who can help her with this. As I said this is not going to be a simple fill this out or send a single letter. Corrections like this are the lowest priority for USCIS so a persistent attorney is needed. Many attorneys might be hesitant to help as well as its very likely they will take your money, write an excellent letter, basically do everything they should and no action from USCIS. Now you're an angry client and who wants that. Id also be wary of those too eager to collect your money and send the same copy paste letter as many times as you are willing to pay them to. So getting a referral from the bar can be helpful. You are looking for an attorney who ideally has experience in writing these 'we compel you to undo this' so it can be done the right way.

The 751 is never irrelevant. Not sure where your immigration lawyer friend got his law degree but the laws are very clear that once someone obtains a conditional GC , conditions must be removed, theres no wiggle room, no bypassing it, no skipping it. The process must be completed no exceptions. Also as you experienced they can't just conduct your 751 interview because you're there and they are there. They need your 751 filing. They need an appropriate amount of time scheduled. I understand your frustration. The only good news is maybe your 751 will be approved w/o needing an interview. I would suggest reaching out to your congressman for assistance. You can voice your complaints about the process and the failure to have a combo interview as well.

What updates do you need to make? Typically it's best to wait for the RFE but it's unknown if you will get an RFE w/o knowing what the issues are.

I can not believe how this thread has progressed. I feel like I should apologize to the OP for the unacceptable tone in this thread and am considering advising her to post in the VAWA megathread, even though she is not a VAWA case. But it appears to be the only place on VJ that is moderated to support victims of abuse rather than interrogate them. Again there is nothing in the law that states she was required to come to the US to be with the husband. And before everyone tears apart that awkwardly worded sentence- the ir visa requires you to first have the US citizen or LPR file the 130 establishing the relationship. There is then the interview at the Embassy in which a decision is made and the visa issued. Thats it. There is no follow-up determination. There are no requirements to live with your spouse. For the CR one would have to file ROC. But as we all know divorce is not a reason for ROC denial, hence the routinely approved divorce waiver filings. People here are getting caught up in the idea that her entering on the visa, which was properly approved and issued, must be wrong because morally they disagree with it. Again the visa was issued properly. There no fine print stating what you must do afterwards. It doesn't get revoked if things changed between it being issued or endorsed at POE. It can be stopped during that period if the petitioner requested such, but it wasn't. The relationship does NOT need to still be intact at POE. Im sorry if people disagree with such but thats how it is. I understand people think they are trying to help by connecting dots in a devils advocate fashion to show how a case 'could be' brought against her. But thats not how it works. The 'dots' being used are N/A. And then the comments suggesting she better not get involved in a new relationship! Wow. Dig through the forums and find the postings by the user kkk1. He had a very similar story. He entered on an IR. Never lived with his spouse. Has since remarried and obtained citizenship with zero issue. He still checks in with the forums with updates and to express his gratitude for the support he received, although under a new user name. This whole idea that the OP has done something wrong is very disheartening to read. Things change. She didn't obtain the visa under false pretenses. And this whole idea that well we don't know that, and it looks suspicious is nonsense. Separation or divorce after the benefit was issued can be an indicator of bad intentions but it is not enough on it's own. You all know this. So what else is there that could be considered 'a dot' to connect. She seems to have ample evidence of it being an unhealthy relationship. And this thread reads as people saying well you knew it was bad so you must have intentionally stayed for the benefits. Textbook victim blaming. Its appalling.

A thread where someone was falsely accused of fraud and USCIS took action to revoke their status? Um no cause that rarely happens. And when it does it's because its not a false claim. There are countless posts just like yours. A bully attempting to intimidate and scare the immigrant in a desperate attempt to control. There are also various posts from petitioners who feel their partner did them wrong and should be stripped of status. It is explained to them the burden of evidence they would need and the low odds USCIS would take action even with sufficient evidences. For you, there is no evidence because you did nothing wrong. The law allowed you to obtain the greencard based on your marriage being entered in to in good faith. Nothing can change your past intentions. It already happened. You can't change the past. Future behavior like filing for divorce doesn't change the past. Things change. You realized you deserve better and shouldn't be subjected to verbal abuse. You are not punished for that. You are celebrated for that by many here! You were allowed to enter with your legally obtained visa and you did such. You are allowed to remain an LPR and live in the US regardless of your marriage. Some people are simply curious as to why one might stay. Some see it as an opportunity to preach their own opinions. You don't owe them any explanation. Miss Manners would suggest learning a polite MYOB phrase you are comfortable using as you will most likely be asked this inappropriate question again.

File for divorce asap and seek a separate restraining order for the harassment if he continues it.

There are many threads I can point you to if needed. Filing a fraud complaint is incredibly difficult, even for those who are legitimate victims of fraud. USCIS is well aware of 'bitter ex spouse syndrome'. They don't even pretend to entertain it. But lets say some how he comes up with an incredible story (and it has to be more than just my spouse left me, we're talking hard evidences of criminal behavior). They will investigate. Thoroughly. A case would have to be presented to an immigration judge. The process with the court would take years. You would have numerous opportunities to defend yourself. He should be more scared of you actually. You are entitled to sue him based on the 864 he signed. He would be ordered to pay you apx 1k per month to keep you above the poverty guidelines perhaps indefinitely if you don't become a citizen.