pushbrk

Yeah, no need to mess with the Consular Unit.  Deal with it at or after US Entry.  The ten year green card is not determined by what the visa says.  It's the entry date that matters.  Yes, it was a mistake, but NOW is not the time to correct it.

No need to correct anything.  Since she will enter the US after 2 years of marriage, she should receive a 10 year Green card.  She can mention it to CBP, but they don't make that determination.  USCIS makes that determination when the card is processed.  (If, by chance, she receives a 2 year card, she can file an I-90 to get a corrected card.)
 
 

"Police certificates expire after two years, unless the certificate was issued from your country of previous residence and you have not returned there since the police certificate was issued."
https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html

It's not a matter of "desperate".  Most expedite requests are.  The issue is that the beneficiary has entered into the marriage for an immigration benefit related to their mother, instead of a bona fide relationship with the petitioner.

There is no requirement to have been together in person in the last two years, for a spouse case.  That's for a fiancée case.  Time together in person is important to show a bona fide relationship, surely, but no two year requirement in this context.

***Moved from Progress Reports to Process & Procedures***
 
**Moderator hat off**
 
OP, you said the first case was revoked.  Did you receive a Notice of Intent to Revoke (NOIR) and if so, did you respond to said notice that would've spelled out the issues that would've needed to be addressed?
 
If you didn't respond to the NOIR and the case was subsequently revoked, then all the issues that would've been spelled out became part of the official record that don't go away by filling a new petition.

It's not a matter of "desperate".  Most expedite requests are.  The issue is that the beneficiary has entered into the marriage for an immigration benefit related to their mother, instead of a bona fide relationship with the petitioner.

Congratulations on passing the NCLEX.  That is quite an accomplishment which some of us can relate to.  If you were not planning to work in the US as a Nurse, I think your answer was correct.  You can explain this to the Officer at the interview if you feel a need.....just my opinion.

If he has a history of short visits, then visiting during an ongoing immigrant visa process, is of little concern to CBP officers.  

With the I-130, yes.    Your question indicates you have not yet studied the I-130 instructions.  Doing so, will be critical to your ultimate success.

"You can try" anything, but trying this is more likely to bring the validity of the marriage relationship into question, than to have any positive result.  There ARE cases where "trying" CAN hurt.  In most cases, no harm,  but in this case, there's a good chance it COULD do harm, particularly if this is a new marriage.

What does "risky" mean?  By law, ANY person visiting the US is already assumed to have immigrant intent.  "Grey area"......hardly.  Visa Journey is full of people who have visited multiple times during the immigration process.  Visiting from a VWP country is normally not an issue. The so-called "risk" is the same whether entering as a fiance or as a spouse.  The absolute worst case (and very  unlikely) scenario is he would get turned around and sent home.  There would be no impact on immigration. 

"You can try" anything, but trying this is more likely to bring the validity of the marriage relationship into question, than to have any positive result.  There ARE cases where "trying" CAN hurt.  In most cases, no harm,  but in this case, there's a good chance it COULD do harm, particularly if this is a new marriage.

Expedites are granted based on special circumstances or hardships related to the US Citizen, not the foreigner, and certainly not the foreigner's mother.  Bringing this up as part of a spouse visa case would call into question the validity of the marriage itself, and jeopardize the spouse visa.

With the I-130, yes.    Your question indicates you have not yet studied the I-130 instructions.  Doing so, will be critical to your ultimate success.

With the I-130, yes.    Your question indicates you have not yet studied the I-130 instructions.  Doing so, will be critical to your ultimate success.

What kind of visa are you applying for?

USCIS definitely cares whether you've been together in person to consummate the marriage.  That evidence MUST BE provided with the initial petition.

They won't ask for it until the interview, if at all. But, the year you sponsor an immigrant is NOT a year to delay filing your tax return.  File it, so she can carry a copy of it, AND the most recent pay stub to the interview.

Expedites are granted based on special circumstances or hardships related to the US Citizen, not the foreigner, and certainly not the foreigner's mother.  Bringing this up as part of a spouse visa case would call into question the validity of the marriage itself, and jeopardize the spouse visa.

Expedites are granted based on special circumstances or hardships related to the US Citizen, not the foreigner, and certainly not the foreigner's mother.  Bringing this up as part of a spouse visa case would call into question the validity of the marriage itself, and jeopardize the spouse visa.

They won't ask for it until the interview, if at all. But, the year you sponsor an immigrant is NOT a year to delay filing your tax return.  File it, so she can carry a copy of it, AND the most recent pay stub to the interview.

Do become an A-Student of the I-864 instructions, but AGI does not apply to a self employed person, in this context.  You are not filing a 1040EZ.  The number called "total income" is going to be your qualifying "current income".  That MIGHT be the same as AGI or might not.  Make sure your total income is at least 25% above the 125% minimum, is my recommendation.

Do become an A-Student of the I-864 instructions, but AGI does not apply to a self employed person, in this context.  You are not filing a 1040EZ.  The number called "total income" is going to be your qualifying "current income".  That MIGHT be the same as AGI or might not.  Make sure your total income is at least 25% above the 125% minimum, is my recommendation.

Use priority mail.  Her passport with entry stamp will still serve as a green card for one year from entry.