Crazy Cat

****This OP has not logged on for a year. Therefore this thread is locked for future comments. If you have questions, please start a new topic thread***

Are you a US citizen?

Waste of time, imo, unless you are already married.

You can establish the intent to re-locate back to the US. You need a concrete plan and evidence showing intent to move back. Be aware that she cannot travel to the US with a K-1 or CR-1 before you do. One option is to marry now, and request that the consulate in Japan process your case as "Direct Consular Processing". You would need exceptional circumstances such as a short term re-location due to a job offer, for example. If you are living together now, marriage and a spousal visa is a much, much superior choice imo.

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.

I'm sorry to hear that she cancelled. It's too bad that people focus on outlier cases rather than the millions of visitors who enter the US every year.

No one can guarantee she won't be sent to secondary inspection or that she won't be questioned. Major airports have people who speak Mandarin. Good luck. I hope she has an event free entry.

Absolutely correct. If you fail to disclose, even if expunged, you risk a swift denial at the interview stage. It has happened to VJ members.

***This thread was split from an existing topic****

That's good news. Then, he might be OK. The consulate officer at the interview will make that determination.

Do you know, yet, if his I-94 expiration is "D/S"?

I agree with @appleblossom. If he has a ban, the only hope is a waiver being available. If so, it will take quite a while to get it processed.

Absolutely....if he was actually out of status. He could possibly have a 10 year ban. It sounds like he got some very bad advice to remain in the US. @appleblossom @OldUser @Boiler @Dashinka

https://www.uscis.gov/policy-manual/volume-12-part-j-chapter-2 "The Secretary of Homeland Security has the authority to administer the Oath and may delegate the authority to other officials within DHS and to other employees of the United States.[3]" If I remember correctly, Wife's oath was administered by the local field office director in a ceremony of 1,000 new citizens.

Wonder why he said that. How can they approve if divorce is not final? I think you'll get an RFE.

***Moved from the US Citizenship forum to the Mexico, Latin and South America regional forum as OP is asking a consulate specific question***

****This old thread is now locked to further comments***

I , too, hope I am wrong. Good luck. I appreciate your updates.

It's been 7 months since you entered....well past 90 days. Whatever the outcome, CBP failed to do their job. They are required to place a physical, dated stamp endorsement in you passport. Good luck.

which was never done by CBP.

It has been 7 months since OP's December entry. That is way beyond the normal time to receive a Green card after entering via a spousal visa. I would be doing some serious investigations.

They are assuming you were admitted as a legal resident.......which it appears you were not. I believe you were admitted as a visitor. That "latest communication fro DHS" is irrelevant to your situation....i.e., no endorsement. There is no endorsement stamp on your visa to establish an entry date. I hope your Green Card arrives, but I fear it will not. Thanks for the update. Please keep us informed.

If you are talking about current annual income: For employees, Income is based on CURRENT GROSS annual income expected over the next 12 months. For self-employed people income is based on last year's profit sheets or Schedule C.

WooHoo!!!!! That's great news!!! Congratulations.

K-3 visas are obsolete, and they are not being issued. Any qualified US citizen or legal resident domiciled in the US can serve as a joint sponsor.