Raccoon_CA

That sounds like an awful mess. Did you have to do that yourself?

I would say I do that every week at work

Sounds more daunting than it is. Just carefully follow instructions on each form and you'll be fine.

I was wondering if any of you received two almost identical receipt notices for your recently filed I-751 packets? I filed mine in mid-December and got two receipt notices with two different receipt times and receipt numbers...

Your spouse will have to submit an Affidavit of Support (Form I-864) no matter what. If her income falls below the poverty guidelines, you will have to include another Affidavit of Support by a joint sponsor. This is made by a third-party using the same Form I-864. The process will be easier if you can find somebody whose income is above the poverty guidelines and filed their taxes for the past three years without a spouse or dependents listed on their most recent federal tax return (1040).

If one of your wife's parents volunteers as a joint sponsor, then the non-sponsoring parent (the one that doesn't file Form I-864) will have to submit the Household Member's Form I-864A. Same thing for any dependents over 18 that her parents may have listed on their last federal tax return.

They most likely will not keep your originals. The officer will ask to see the originals of certain documents you mailed with your initial application. That would be, identity documents (birth certificates/passports), marriage license/divorce decree(s), and U.S. citizen petitioner's recent pay stubs. They will take a look at it, check if it matches whatever copies they have on file, and check it off their list.

As far as the bona fides, bring a stack of originals and a stack of copies. The stack of copies should simply be an exact replica of your stack of originals. Hand them the stack of originals and let them go through it. They will take a look at the originals and ask you for the copies of whatever document they wish to have on file. If you don't have copies, they will make them, however it is more considerate to have the copies ready for them so that they don't have to deal with the printer.

As far as the birth certificate/U.S. passport situation, they may issue a RFE (Request for Evidence) at the end of the interview if you can't provide proof of your spouse's citizenship. This will be under the form of a letter stating that this particular document is missing and provide you with an address where to mail it to. Upon receiving the missing document, your case will be deemed complete and they will be able to issue a decision. However, if you are able to gather every single documentation required for your interview and your case is strong, you may have better chances to have them approve you on the spot as opposed to within 90 days post-interview.

There seems to be a conflict of intent here. Tourist visas suggest an nonimmigrant intent (the foreign national needs to show sufficient ties to their home country to show that they do not intend to give up on their country of citizenship), whereas I-130 petitions are considered to have an immigrant intent (e.g. a U.S. citizen petitions a foreign national spouse towards becoming a U.S. resident).

If you file an I-130 for your wife now, telling the U.S. government that she intends to come to the U.S. and stay there with you, she most likely will be denied any subsequent tourist visas she applies for, because the adjudicating officer will see the pending I-130 and therefore think that she fraudulently intends to gain entry to the U.S. as a visitor with the intent to in fact remain in the U.S.

She can apply for a B1/B2 visa now, although she already raised a red flag the last time when she was denied her B2. If there is a new pending I-130 on file, it will only reinforce the red flag.

It usually much smoother to adjust while in the U.S.

K-1 applications are meant to go through consular processing, which requires you to attend an interview at the Consulate in Canada and be admitted to the U.S. as a K-1. This is only then that you have to marry within 90 days post-entry.

If you decide to get married now, while in the U.S. just submit an I-130/I-485 application. However, the previous posts are correct, you won't be able to submit a family petition within the U.S. unless you withdraw the pending K-1. You also need to notify the NVC that you do not wish to pursue with the K-1 application. You cannot just ignore it because your K-1 is already pending and was transferred to the NVC. You were also given an A-number, which you will have to mention on any future application you file with USCIS.

FYI, if you submit an I-130 petition while on visitor status, don't leave the U.S. until you get permission to travel outside of the country.

Hi Jimbo_in_GA,

I know it's been a while since you last posted on this topic, but I am in a similar situation as you and your wife were back then and could not get any resource online to help me figure this out.

I filed my petition to remove conditions on my residence and subsequently received almost two identical receipts/NOAs, except for the receipt number and time of filing. I only mailed one check for the filing fees, just like you did.

I was wondering how the process turned out for you guys. Was the second NOA sent in error by USCIS or is there a purpose for having two different receipt numbers for one I-751 petition?

I would greatly appreciate if you could share the outcome of this experience in here.

Thank you very much.