Marieke H

They will look at the totality of your circumstances and determine if the beneficiary is likely to become a public charge. It will depend on your circumstances, and having a joint sponsor does not always resolve the issue. For example, if a petitioner is temporarily "in between jobs" but has an otherwise consistent work history and a qualified joint sponsor, the visa is likely to be approved. Someone who has not worked for years, has no or very limited income and no assets/savings, may not be approved, even with a qualified joint sponsor. You will have to show that the financial needs of the beneficiary will be taken care of. There is no way to predict if you will be approved in your particular case; if you are able to work, that would definitely help your case once it reached the consulate.

You already have your EAD and AP, so you are allowed to work. Have you actually applied for jobs in your field and were you told that they will not hire you because you only have AP and no green card, or is that just an assumption you are making? If working is important to you, there is nothing stopping you from working in any other field until you are able to find a job in your field. A lot of immigrants (myself included) have to start working in a completely different field; many will just take any job for a while to just get started, build a work history in the US, and then move up to something else. There are staff shortages everywhere. You are choosing not to work, which is fine. Just don't expect USCIS to grant you an expedite because you need AP to be able to get the exact job you want. You are being processed at a very busy Field Office; you will just have to be patient like everyone else.

This is exactly why you should not be the one posting about this issue. Details matter, especially in this complicated case. If you want helpful advice, you will need to provide detailed, accurate information that does not contradict (for example, you mentioned that her ROC was approved and denied; which is it?). It sounds like your mother (?) did not understand what she needed to file when. I agree that in this case a competent attorney may be good.

I'm all for giving people a break. However, when multiple seasoned VJ members take the time to explain how someone is misunderstanding the process, only to be told that they are wrong, it gets very frustrating.

You have 2 options: You can keep insisting that you are right and everyone here is wrong, keep fighting NVC until they will let you upload documents for your K-1 application (spoiler: this will never happen). Or you can accept that you have the two different processes mixed up, accept that there are no documents being uploaded to NVC for a K-1, learn about the K-1 process so you understand what is happening, and move on with your K-1 process.

There is no visa or status for "I have a boyfriend here and we want to spend more time together but we are not ready to get married". You'll either have to go home and have him petition you when you are ready, or you'll have to get ready for marriage very soon. Changing your status to tourist while you have no intention to return to your country is visa fraud. But hey, it looks like you have it all figured out and know better than all the very experienced VJ'ers who have tried to help you, so good luck!

@Jeanne Adil made a good point though. You were approved for a visa, and then you moved to the US where you later received the green card. When calculating your eligibility to apply for naturalization, the "residence since" date on your green card is what matters, not the date your visa was approved.

I would not count on being able to move with the USC at that time. Is the beneficiary planning to "move" to the US on an ESTA? They may be allowed to visit on an ESTA, but they would have to show proof that they intend to return. The USC can move to the US, start working, and provide proof of current income in the US for the I-864. Or you can try to find a joint sponsor. You will need 3X 125%. For most couples here, separation is part of the process. This separation will likely only be a few months in your case; many couples here have been separated for years.

The I-129f specifically states: Follow the instructions; don't confuse them by answering questions you should not be answering. If the beneficiary in not currently in the US, you do not complete questions 38a-h.

I was able to renew my driver's license with the extension letter in Idaho, but of course they would only issue a license that expired at the same time the extension letter would expire, so I had to go back to renew again when I had received my green card.

Right now. He is not allowed to be working on an ESTA.

During my AOS interview, my husband got our wedding date wrong. I corrected him, and the officer couldn't stop laughing. She said my husband was in so much trouble now!

I did not send any pictures with my ROC application. ROC is really about an ongoing marital union and financial comingling. Pictures are not the strongest evidence. I did send proof of financial comingling going back to the start of our marriage.

USCIS goes by what you provided in the I-485. If you provided her maiden name as her current name, that is what they put on the green card.

Please let us know how his interview goes and if his visa really is approved. I saw some older posts from you, and it seems like you see every piece of mail from USCIS as an approval. Last summer, you stated that your petition was approved, while all you got was a NOA1 (not an approval, just a notice of receipt). This NOA2 just means that your petition appears to be complete and your husband appears to be eligible to apply for a visa at the consulate. You still have a long road ahead of you.

There are no hidden costs for a medical if you complete your medical overseas for a K-1 visa. If you choose not to complete all the vaccinations, then yes, there will be costs for a medical in the US, and those costs can be very high if you are unable to find a civil surgeon who is willing to just do the vaccinations and complete the I-693 without doing a complete medical. It sounds like the vaccinations were not properly documented during the first medical, so you ended up having to redo the medical (I assume you could not find a civil surgeon willing to just document the vaccinations). All this just confirms that it really is best to complete the medical overseas before immigrating.