Crazy Cat

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It is frustrating, but it is usually a path of least resistance to just give them what they want: Looks to me like you need to: 1. Get the medical done (if not already) 2. Primary sponsor completes a new I-864 3. You complete an I-864 as joint sponsor 4, Supply transcript and/or tax return package for the latest tax year (not sure why they want 2024 already) for both I-864s...along with current annual income documentation. 5. Copy of petitioner and joint sponsor's passport Upload those documents and this letter to CEAC. Then send copies of those and the applicant's passport to the consulate through LBC. Hopefully, that will satisfy them. Good luck.

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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. 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.

Has she been properly filing taxes? If not, that is going to be a problem.

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That is not a mistake. That is gross income.

That is correct. "Gross income" = before taxes, deductions.

You are correct in that: - Denied entry due to lack of ties to home country would not affect a K-1. - A person can visit the US via a B2 while a K-1 (for example) is pending. There is a Mega-thread on that very subject here. In addition, many, many people visit while K-1s and spousal visas are pending. However, every visit is at the discretion of CBP if they think a person is just trying to bypass the long waits associated with the legal immigration process. - Denied entry would not be a guaranteed ban. However, your GF is already on CBP's radar. The most troubling aspect is "The agent was aggressive from the start and insinuated that my girlfriend was working illegally". There are documented cases, here on VJ, in which that exact issue has resulted in expedited removal and an automatic 5 year ban. CBP needs only suspicion. That would affect any re-entry attempt in the future for 5 years. - There is no clear guidance as to what determines abuse of a B2 or what circumstances dictate denial of entry. Those are purely subjective on the part of CBP officers. Good luck on rest of the journey. This is a great place for info and sharing. Most of us are not licensed to give legal advice, but we sometimes spot bad advice given by those who are.

Please elaborate.

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On the I-130, you must indicate whether she will seek Consular Processing or Adjustment of Status within the US.....You should not choose both. If you indicate Adjustment of Status, the I-130 would not be forwarded to NVC (if she later decided to do consular processing instead). At that point, in order to move the approved I-130 to NVC, you would file an I-824 ($590), and it would delay the case for a year. If you indicate Consular Processing on the I-130, she could still apply for Adjustment of Status without delaying the case. Bottom line: Choosing Consular Processing allows either consular process or Adjustment of Status (under some circumstances). In your situation, you are not 100% sure which route she will take.

Great point!!!!!!! Choose Consular processing....not AOS on the I-130.

Bad idea. Never give USCIS information they don't need. Your question is a good one. However, if you answer "Yes", USCIS will demand a formal document for termination of the marriage. The attorney has already determined that she was never legally married. Logically, the answer is "No", imo.

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Filing an I-485 before her I-130 date is current will be an immediate denial. I suggest you take a look at the latest Visa Bulletin Table B. Become an "A student" of the process before taking any big steps. She is under F2A category.

Correct, but history shows that some COs start requiring them earlier than that.

That is quite a decision with enormous and lasting consequences.

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I have never seen NVC send a physical letter.

Jan 27th is just when IRS began processing. But there is no legal requirement to complete filing taxes until mid April.