Crazy Cat

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Congratulations. Be grateful. We had to wait 44 months.....no RFEs.

And the OP specifically told CBP that they were going to leave in August. CBP granted the OP entry, in part, based on that statement, imo. USCIS has recently stated that there will be increased vetting of ALL Green Card applicants. What that means is not completely clear to me. This is a tricky one. There was one case I remember, a few years ago, where a spouse was admitted via a tourist visa. She was questioned by CBP, and she said she would not submit an I-485 to adjust status because she was just visiting her husband. She changed her mind later and filed one. Later, during the Adjustment of Status interview (which ALL applicants now have), USCIS denied her AOS due to misrepresentation. I never heard the final outcome. You're right. It's not black and white anymore. It might be worth consulting a couple immigration attorneys. I just don't know what the risk is in this particular case. I think I would either stick with the K-1 or marry and start the spousal visa process.

During our combo interview, the officer wanted to see evidence of marital union and living together from the day of original I-751 submission to date of interview. He specifically wanted to see driver's licenses showing current address, bank statements, leases (both signatures), deeds covering the time......Our combo interview came 44 months after submitting our I-751. We had no RFEs.

There can be no change in marital status at USCIS without proper documentation that the previous marriage was legally terminated. In this thread, the OP doesn't want to translate his divorce degree to withdraw the first case at NVC.

Not true. A subsequent I-130 for a different spouse will be considered invalid without proper documentation that the first marriage was legally terminated. https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf 5. What documents do you need to prove family relationship? You have to prove that there is a family relationship between you and the beneficiary. If you are filing for a relative listed below, submit the following documentation to prove the family relationship. A. A spouse: (1) A copy of your marriage certificate; (2) If either you were or your spouse was previously married, submit copies of documents showing that each of the prior marriages was legally terminated; and (3) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of filing this petition. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

If Nigeria is placed on the travel ban list, K-1s won't be able to enter.....but spouses of US citizens have been exempt.

If Russia is placed on the travel ban, then a CR-1 might be the only choice as spouses of US citizens have been exempt. K-1s cannot enter from travel ban countries.

Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.

There was a case here a few years ago in which intent and misrep were used to deny an Adjustment case. The person was sent to secondary after entering via either a B2 or VWP and told CBP they would not adjust status. Later, the person submitted an I-485. She was denied after the AOS interview for misrepresentation. I never heard the final outcome.

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There are no derivatives allowed for relatives of US citizens. They never have. The parents would be IR-5 cases.

You can try. Good luck.

What country? Anyone can apply for a B2, but a pending K-1 indicates immigration intent......and it could signal that the applicant is trying to usurp the K-1 wait. A denial would have no impact on a K-1.

Typical liberal policy...no forethought and no consideration of unintended consequences

The 16 year old cannot immigrate with the parents. There are no derivatives for relatives of US citizens. One of the parents will have to petition the children after they have Green cards. If your wife petitioned the 16 year old or any of the siblings, it would take a couple decades for them to immigrate. Siblings who were petitioned in 2006 (Philippines) are just now becoming current. I wish there was better news.

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This is an interesting discussion......

"Authorized Stay" has always been a policy...subject to change with the stroke of a pen. A change could eliminate almost all Adjustments of Status..........I want more clarification....

Maybe so. I am not surprised. So, If that is true, how does anyone maintain lawful status until an I-485 is adjudicated? Even a K-1 entrant is out of status after 90 days?

It is not very clear, to me, as to what the changes are.

That has always been the case. An I-130 is a petition......An I-485 is an application. I see no mention of a policy change removing "authorized stay". https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3#S-E [^ 17] See INA 212(a)(9)(B) and INA 212(a)(9)(C). Those in a period of stay authorized are protected from accruing unlawful presence. For example, an alien whose adjustment of status application is pending is in a period of stay authorized and does not accrue unlawful presence. However, although an alien is in a period of stay authorized, it may be that the alien is in unlawful status. See Section E, Effect of a Pending Application or Petition [7 USCIS-PM B.3(E)].

That isn't very clear as to what it really means. "Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.” That sounds like I-130s.....which have never conferred any protection.