Crazy Cat

So, exactly what is your question, then?

For citizenship, two things matter: time married to a US citizen and time as a Green Card holder.

One person reported their EAD taking 9.5 months a few days ago. This is one of the major disadvantages of a K-1.

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I don't see how race would be a factor.

When the divorce is finalized, it will immediately void the approved I-130. An approved I-130 gives you no rights regarding living in the US. A divorce will you give you no rights regarding living in the US. Right now, you are out of status and subject to detention/deportation. Based on what you have posted, I don't see any current basis for Adjustment of Status or remaining in the US... Right now, you have a 3 year ban when you exit the country. If you are deported, you might have a tough time getting back any time in the foreseeable future, imo.

How do you plan to obtain a Green Card when the basis for Adjustment of Status no longer exists (after the divorce is finalized)?

I-130s don't expire if the relationship still exists. Approved I-130s give no rights to remain in the US. You never filed an I-485?

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This is a very serious mess right now. I'd say your chances of detention and deportation are increasing with each day. In addition, you don't qualify for a marriage based Green Card based on what information you have provided. I assume you have a very good immigration and divorce attorney? Whoever told you it was a good idea to live in the US on a tourist visa or to overstay, gave you some seriously poor advice.

Is 2022 the last time you were in the US?

1. No. There is no biometrics fee for the N-400. 2. That how I interpret the instructions.

Wasted Time and money. ESTA was denied, likely, due to the denied B2. B2 visas are entirely at the discretion of the consulate officer.

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 (up to 9 months) Spouse can not work until she/he receives EAD (up to 9 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. If US spouse declines to participate in Adjustment of Status, the foreign spouse will have a very difficult avenue to legally remain in the US. 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.

100% accurate. That is the honest truth.

There is no case, that I can see, for a marriage based Green card. I'm sorry. Time to go to plan B.

When your spouse fails to show for the interview, that will doom your case, imo. Even if husband is there, your evidence of a bona fide marriage is severely lacking.

Another vote for no need to notify USCIS.

Time for a good attorney.....I see no other way to even have a possibility of staying.

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I just found another bullet point as to why a CR-1 is superior for the foreign spouse.

This is one of the major disadvantages of a K-1. The foreign spouse is totally at the mercy of the US citizen. VAWA doesn't appear to be an option as there is no indication of abuse. It could be argued that you don't have a real marriage......as evidenced by " He does not has a place to stay so he lives with his friends at times or parents. He visits me and we live together for sometime but then he goes back." There is a real possibility that your Adjustment will be denied.....if you get that far. Your avenues to remain in the US are extremely limited. You are in trouble, imo.....thanks to your spouse.

That is a felony and can result in prison before deportation.

You posted this under IR-1/CR-1 spousal visa. NVC schedules interviews for spousal visa cases. Are you sure the case isn't at NVC?

It appears you are adjusting status from a K-1. Unless your spouse coperates, there is nothing you can do. You must adjust through your spouse. This is not good. A marriage certificate, alone, does not prove a bona fide marriage.