3rd

Not being able to vote is hard, especially knowing my husband has decided not to vote in the election. He doesn't feel strongly about anyone, but I know how I'd use that vote if given he chance.

I'm settling for staying out of it until I naturalise and sticking to any of my home country elections that I can participate in. Like the EU Referendum.

Ah, gotcha. Spouses get any overstay waived but siblings do not.

It's not impossible, but you're going to have a tougher battle on your hands than last time. If I were you I'd spend as much time visiting each other before even contemplating applying. It's also very soon after your divorce, I'd let the dust settle a little first!

I thought you could petition a brother or sister as long as you were over the age of 21? As long as he is still in legal status on the VWP then he should be applicable.

I think the clear answer here is to delay your wedding in your home country so you can at least get the AP. Ideally it would be even better to have the GC in hand before planing another wedding.

We moved to a new state (so a new processing center) at the end of April and submitted our change of address. The online form didn't work, so I had to call in. While I was chatting with the person helping me, they confirmed that the case was still at the NBC. I had always heard that change of address throws you to the bottom of the pile, but we just received our interview date (scheduled June 29). I don't know if the change of address had anything to do with our case finally moving but I'll take it!

You've been in an unusually long timeline for approval. Did you have a few RFE's that you had to respond to in all this time? I'm glad you have your interview scheduled though, even if it has been a good while! Fingers crossed for you.

I guess i got confused with the post about marrying in 62 days??? Is 90 day also a requierement for this vwp?

The VWP is a visa waiver program. There's a bunch of countries, the UK included, that can visit America without a visa for 90 days. OP stated that they got married on the 62nd day because when you apply for AOS a lot of people get nervous being out of status after the 90 days. Any overstay is forgiven for a spouse of a USC.

I understand the frustration. Take it from me, I still don't have a car over here and I've been in the country since February 2015. Unfortunately I have to take the practical before I can drive, and I currently don't have the means to without my own car. Catch-22.

If she's truly offered, then go with it but I'd be cautious of the border and making sure she can truly get through with your car before they set off to do it. People have waited longer in more remote locations, a lot of them have no other option. It's entirely up to you at this point if it's worth the hassle. Good luck whatever you choose to do!

They aren't married so it would need to be a K-1 again. Unless the USC can visit the OP and they get married in the UK to be able to file a CR-1.

I honestly feel that if you can wait for you AP to come through you'll have an easier time of it. Unless it's essential you have that car with you right now, I don't see the rush. Consider your mother in law and her kindness, you never know what might happen at the border and you don't want that relationship to go sour all for waiting for a couple of months to get a car that isn't going anywhere.

But that is very rare. .OP should sort that possibility out before leaving. The moment she or he leaves, it is over.

OP has already left. They can contact the embassy and find out, but I wouldn't hold much hope that it'll be re-issued.

Is there a reason you need the car with you ASAP? If you filed for the AP, you should receive that in 90 days from filing and you could cross the border yourself and get the car. I only wish I could bring mine to the states, but importing a car is a no-no from what I'd read.

Just be aware that the 4 months MAX that the lawyer told you might not be quite right, it took us 7 months from filing until having the Green Card in hand and we were also told that the wait would be about 3 months. Just don't set yourself up for a fall. If it happens sooner, awesome. If you have to wait longer, don't be disappointed.

So he did use the k1? Because thats the only time the 90 days would be relevant.

Did he enter on the k1 then you cancelled his k1 and you are now adjusting from esta?

Its abit confusing because if he entered you married in 62 days you are not adjusting from ESTA he completed the k1 requierements marry in 90 days.

if you applied k1 he never entered and he entered on another visa then it doesnt marry if you matried day one or 100.

You have several treads up having to do with other visa types.

They broke up before they got the K-1, so he entered on the VWP when they got back together. Circumstances changed, I imagine due to the baby? Now he is adjusting from the VWP.

Odds are better than 50% that you both will be subjected to a Stokes Interview. At such an interview, the sky is the limit in terms of questions that will be asked, be prepared to address why things didn't work out the first time.

Wondering where the idea of a Stokes interview comes from, is there something on one of the other threads? Nothing on this ones suggest that would happen.

All I see is a an adjustment from VWP.

Previous poster mentioned it, but I also can't see that a Stokes interview would be even a possibility here unless there were a great many red flags. He's adjusting from the VWP, and unless he has some huge criminal record I can't see that in your future.

My advice is just be prepared for a tough interview. We knew ours was going to be a little tougher than the rest due to adjusting from the VWP, but we also had never sent off any other petition in the past so I'd imagine yours will be held under slightly more scrutiny. Nothing you can't handle when you're in a genuine marriage and have a legitimate reason for the adjustment. We weren't even asked why we married and adjusted on the VWP, which I was sure would come up!

I have read reports on here of CO's returning the co-sponsor affidavit of support saying they weren't needed at the interview. Better to be over- than under-qualified. That's the approach I plan to take when I get to this stage.

That's exactly what I'm saying. No harm at all in being over, especially if he makes over the poverty level but only by a small amount. My husband makes way over the poverty level now, but at the time of filing he was unemployed so we used his sister as a co-sponsor. USCIS just want to be sure that you won't be eating up government funds.

Your Adjustment of Status from the VWP will definitely result in an interview, it's automatic. We had ours but it wasn't a stokes interview, just the average one with a pretty stern IO but very straight forward questions.

Because you'd previously filed for a K-1 you might have a little tougher of an interview, but as long as you front loaded your application and provided sufficient evidence I can't see it being a real problem. There are people that have married, not filed for a CR1, visited on the VWP and situations change and adjust. Life happens, it's unfortunate how people on the outside can look in and judge.

It might be worth chasing up on that K-1 petition and make sure it's really dead in the water.

If anything it would strengthen the petition if he only just makes over the poverty level. There would be no harm in it either way!

I'd imagine if he used another person's documents they'd slap him with misrepresentation, but I can only speculate given I don't know the ins and outs. Either way, this doesn't look like a DIY situation and it might be wise to seek some legal counsel in the form of an experienced immigration attorney that might be better placed to advise.

A prenup is to protect assets that you've earned, not to gain back what you've spent. In this case it sounds like a lack of trust rather than you trying to hold onto any wealth, which means you clearly need more time together. Prenups can be a big problem for a couple, and even suggesting it is going to create a lot of resentment.

The police won't be able to do anything if the money was in a joint account. The whole purpose of a joint account is that the two people using it can deposit and take money as they wish. You are married to her, she's allowed to do this. If the money wasn't yours in the first place (a massively dodgy aspect if you ask me) then the last place it should have gone was into a joint account where someone else has access to it. Unless she confesses, there isn't a heck of a lot you can do. If she's still trying to prove that it wasn't her, then calling the police and filing a report shouldn't be a problem. You'll soon see her backtracking if it was her.

This is why shopping around is so important. I went to a place in Oakland and only paid $130, and made sure to get my top-up shots from a clinic and they only cost $15. Most other places were a little higher but not by much. I actually used www.easyime.com to find my civil surgeon, but I don't think you can get out of this cost now unfortunately.

we brought our phones to the interview with us, and they went through the scanner, but we weren't allowed to use them inside. Think this is a pretty standard practise for USCIS offices. I'd double check your local office to make sure because the last thing you'd need would be to have to run back to your car to leave your phone there.

They recommend getting in touch if it's been more than 30 days since you became a permanent resident. If it still hasn't come by then, get straight on the phone to them.

It sounded very ominous to me. It is obvious they do not want to approve our visas.

They refuse to give us an interview date.

I do not think it's obvious they are going to deny you or that they don't want to approve your visa and keep you hanging. You've already outlined that your USCIS office doesn't deal with a lot of petitions so it sounds like they have the time to go over everything with a fine tooth comb, unlike busier offices. I'd just try not to panic, because it's not going to help an already stressful immigration process.

Personally, even though you've already supplied them everything the asked previously, I would have re-supplied everything they asked just to be on the safe side and compliant. Not saying that it's right for them to have asked again, but this is immigration and pretty much anything goes.

So if we had to refile for AOS, will my husband be able to stay in the US? This is going to take another year, I feel.

His EAD is about to expire in 2 weeks also. I doubt he will be able to renew it until this all is sorted out somehow.

I'm scared they're going to want him out of the country, especially when the while process takes so long.

Yes, he'll be able to stay. Just get your petition in with the fees once more. I can't vouch for how long it's going to take, as it varies but you will be starting from the beginning again so you'll need to be patient.

As for the EAD, I'd get in touch with USCIS and see if there is a way to extend it but I fear we both know the answer to that. Considering it's for when your AOS is processing and you've been denied, the EAD seems dead in the water.

When you file AOS your husband enters a legal period of stay while it's processing.