speedwell

It would be most appropriate to respect the VJ members, who have more experience and knowledge in this visa journey even though you might think you have ALL the facts right which might not make sense to those who are more experienced. I have not heard of what you are saying either.
USCIS approves petitions doesn't give visas. Petitions then are sent to NVC for further processing. Once the petition is completed then it's forwarded to Nigeria or any country in question. The visa is ready to be issued but the CO has the final say if he does or doesn't give out the visa to the spouse or the fiance.
If you got a visa at the USCIS level? then why go through the interview process? I believe no one is trying to bring you down, it is just that this VJ can be difficult and confusing. We all have been there and done that. It is very important to keep your cool and open mind for we are here to help not make it more difficult or negative. But you have to understand that a valid point is being made here.
Best of luck to you and please keep in mind we are here to help and not judge. God bless you too! Good luck!

Yikes you did the Medical so soon? How were you able to get that done without the interview letter in Lagos? WOW. You realize you only have 6 months from that medical to get to US.
As far as how long. No one knows. Because no one knows why your case was returned.All you can do is keep calling USCIS only speak with a Tier 2 Supervisor.
Now i have to speak on the subject of the Visa you said is already issued which is impossible, That's done at embassy. USCIS is called the mis-information line for a reason.
Your DS-230 you send to NVC is the actual Immigration Visa application. If married under 2 years you will be issued a CR-1 at interview. Over 2 years IR-1.
Whoever at USCIS who told you this was either high or very very confused. Sorry
Yes, it is possible. He has been issued a visa because he is the Spouse of an American Citizen. What you get after your interview is your visa number to go along with that visa. He has a visa ready in his name but cannot travel to the US yet because he does not have the visa number and it is not yet stamped in his passport. This info came directly from USCIS"
Here's hoping USCIS returns all documents. But they aren't know to return originals of anything.
Just keep on them. God Bless.

I really don't care if you believe me or not; it doesn't make what I said any less true. I've seen it posted many times over on VJ how USCIS gives out inaccurate information over the phone; plus I've taken the time to look through all applicable laws. I also correct inaccurate information for the benefit of others who may be reading this forum.

USCIS doesn't issue visas, the task of adjudicating an actual visa application and deciding on whether or not to issue a visa is the exclusive purview of the State Department's Bureau of Consular Affairs (i.e. a Consular Officer at an Embassy or Consulate). Since you stated your information came from an agency that does not issue visas to begin with, I stand by my original statement.

Residence more so refers to where you are currently living. Domicile is, for lack of a better explanation, where you consider to be home. A good example would be military men who are stationed abroad - while their residence may be overseas, their domicile is Stateside. Am I making sense?
Wherever it asks for residence, I would put your current address in HK. If you've maintained your credit cards, bank accounts, and all those other ties to the States, proving domicile (which would be the only downside to putting a foreign address on the I-130) will be very easy for you once you get to the step in the NVC stage.
The thing is, if you put your Florida address your casefile will most likely get sent to your local field office where you could get called in for an interview, in which case you would have to fly back to the States to attend it or the petition would be denied. If you put your foreign address, the file would stay at NBC for processing, which would also result in a much quicker NOA2.

it is against TOS to solicit a joint sponsor here on VJ. The CO won;t grant a visitor visa based on sympathy, they don;t care if you are separated, they just care that you have immigrant intent if you travel here, they have to take emotions out of the equation and stick to the law

Okay. So that's standard mumbo-jumbo for AP, aka advanced processing. This is quiet different than getting rejected or declined.
Since 2001 all males from certain ethinic and/or religious background that fells in certain category go through AP and that pretty standard. Sadly Bangladesh made it to that list. These days they are doing that for females as well. For females it is more like random and you will never know why one goes to AP an how long would they wait. This can mean a simple name check to god know what. So as others said prepare yourself from a month to 6 months of time. Even getting the senators or congressman involved will not get you out faster or they can expedite this on any way. The good thing is if your facts are straight you will come out of this hell hole.
So hold on and keep the positive spirit up. Look at it this way, after the interview you will probably bring her here right away and may no get the chance of doing many things. Get those things done and start preparing/planning for the PoE as well. Just to make sure your grounds are covered.
Stay positive and supportive to your wife. No one is as vulnerable as she is right now and is probably feeling guilty for this. Please support and comfor her as much as you can.
This will be over soon :-)

as long that he found a full time job with hourly rate of $9.50. you guys will able to meet the poverty guidelines.
$ 9.50/hour x 40hrs/wk = $ 380
$380/week x 52 wks per yr = $ 19,760.
means that's more than enough.
it depend if he gets paid every 2wks then he needed to wait for 1 month to collect 2 pay stubs. or it he gets paid per week then 2-3 paystubs should be enough. but make sure to ask him to get an employer letter that it will indicate that he works full time job and the job is permanent.
up to a yr??? then your hubby have enough time to look for a full time job and I suggest to wait for few months atleast 3months to collect paystub. so that the embassy will honor it. usually up to 3months the employee is still under probation to be entitle for permanent job. but it not necessary it all depend which company.

if you cannot find a co-sponsor why bother to do so.
I was in the same situation like yours few wks ago. but instead of looking for co-sponsor I find another way...I started working a part time job to help me boost my income and ask my current employer to raise my hourly rate. I waited few wks to collect pay stubs before sending all my RFE's(AOS stage) and it work out. now we are just waiting for the AOS interview.
anyways in your situation. the sponsor need to try to find a full time job income for two household you just need to earn $ 19,387. then wait for about a month to send the paystubs to the embassy. goodluck!!!

She might just be emotional right now as she has waited a long time for you. If you explain how it will help the both of you in the long run, and you keep calm and be sensitive to her, she might calm down.
Though, she mentioned something about bills. Are you trying to help her out with the bills? She might be in need of money and you could be neglecting her in this way. Consider talking to her about what would make it easier on her if you stayed where you are for the next month.

You can pay it after POE, but you must pay it to receive the green card. Until you receive the green card, you can temporsrily use the visa stamp in the passport as proof of permanent residency for all purposes including employment.

Clark County recorders search
Use this link search for the marriage. This is where Vegas marriages are recorded.
If she is married she needs to NOT go to the interview and straighten this out. Claiming you aren't married there isn't going to work. She plans on being in the US soon and it sounds like she may be married here still and as soon as the government figures this out she will be deported and banned for life. If the ex got a quickie divorce/annulment she may be ok but she needs to document this. They will already know she had a K1, they will ask about that K1 during her interview, what was she planning on saying ?

She needs that paperwork! NEEDS!

Either he got a divorce before he re-married, in which case see my option 1 (and if he re-married another Philippina and petitioned her, this is likely), or he is also a bigamist. Just because he re-married doesn't mean everything is ok, she must get the divorce cert to prove she was free to marry. Marriages are legal in most countries, even if you married in another country. Ie just because she married first time in the USA does not mean she was single in the Philippines. Married is married.
*** two topics on the same issue merged and a third post tacked on as a reply to an old topic of another member removed- please do not post more than once on an issue ****

they have to check in las vegas if the marriage is indeed valid. In PI, if it was not reported to the embassy or consulate i doubt it will be on records. Best option is to double check in las vegas where they got married if it was registered. I do not their policy. She better be prepared during the interview.

She is not single, she is married. Just because she didn't register the marriage in the Philippines/ did not file AOS does not mean she is/ was not legally married to husband 1. There are three possibilities here, none good but some better than others:
- The US ex-husband got a divorce from her in-absentia. If this happened before she got re-married in 2010, she is ok. She will be in some trouble for not declaring the first marriage on her spousal visa paperwork, but she can submit a corrected copy and copy of the divorce papers and while they will give her a hard time, she will probably be ok.
- The US ex-husband got a divorce from her in-absentia, it was final after she married husband 2. That means she was not free to marry and thus the current petition is invalid. She needs to cancel the interview, admit she made a mistake, get properly married to husband 2 and have him re-petition her.
- She is still married to husband 1, no divorce was ever finalised. Big trouble for both her and husband 1.
= essentially, she needs to get in touch with husband 1 asap and find out what the story is. She should NOT go to the interview untilo this is sorted, she will be slapped with a material missrep which is a lifetime ban.

I am sure you are spot on. The truth is that many succeed with AOS even if they entered the country under false pretenses, but every once in a while the USCIS will send someone packing back home, to wait for the process to run its course. It is all a matter of how much appetite for adventure one has...

If you are asking whether the approval of your I-130 means you can stay and AOS, the answer is no. The I-130 was approved and the next step involves the consulate in your home country sending you instrusctions as to what to do next. That is the correct process which to follow.
However, if you are currently stateside and have decided to AOS here, you have that prerogative, so long as you remember that entering the US on VWP with the intention to AOS is considered immigration fraud, a serious offense. It all depends on the reason you gave the CBP officer when you entered the US, as to the motive of your visit. You must also bear in mind that attempting to AOS stateside and bypassing the established procedures may set off a red flag and your process may be subjected to deeper scrutiny by the USCIS.
Good luck whatever your decision!

She may use a complete copy of the entire tax return (that is, the form plus everything you submitted with it). That will work fine and will not lead to delays. It is what I did myself.

This site is quite helpful and has all the information you need. Therefore, I think that it is not worth the money to use a visa service. Also, it seems that often the service causes more trouble than its worth.

You have already filed for an I-130, which is evidence that your wife intends to file for an immigrant visa. If she comes to the US on a tourist visa and files for adjustment of status, she will be denied on the grounds that she had preconceived intent to stay, and will possibly incur a ban for fraud. Adjustment of status is only for those without intent to stay, who wind up staying because their circumstances have changed.

It's here http://travel.state.gov/visa/immigrants/types/types_2991.html
Scroll down to "What is Conditional Residence?" It says this:
"If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa. You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website."
That is somewhat contradictory. It seems to imply that the actual date that determines conditional residency is the date on the green card, not the date you enter the US. However, I've heard reports of people actually getting the passport stamp before being married two years, but entering the US after being married two years, and they were successful in getting the 10-year card on entry. Can't hurt to ask.

Hello there. Yes, you should enter under IR-1 rather than CR-1 if you have been married for more than two years at time of entry. Make sure you tell the officer at the port of entry that you qualify. IR-1 is a 10-year green card, though. There is no such thing as a permanent green card anymore.

Sorry, atheist here. Can I think for you instead?
Best of luck with your packet.
Yay!!!!! Me next me next lol!!!!

The Us embassy frequently checks the marriage registries , expecially in high fraud countries. So if you file for a K1 when you are really married there is a good chance that your K1 will be denied and you wait all over again. If you manage to slip by and at any time in the future they find out you were married when you got the K1 all immigration benefits you have recieved ( Green card or more ) can be revoked for fraud.