foreverbluebird

Hi, I'd like to chime in, because I had exactly the same situation.

By the immigration rules, your fiancee's child can get his K-2 visa within a year from the date when your fiancee has received her K-1. So it would make it Feb 1, 2018 to be the deadline. If you are able to make it in time, you won't have to file another case. However, you will need to schedule an interview at the U.S. embassy in your fiancee's country, and she needs to be present there with her child with the packet of supporting documents which you used for your K-1 process, and a notarized letter from you stating that you are able to welcome her child in the U.S. and ready to provide full support (yes they do ask for this letter often, even though it's not on the list of the required documents).

That's the easiest way to bring your fiancee's child to U.S. within a year, but be careful with dates, interview schedules get busy at times.

Hi, from what I understand, since you are listed on your parents tax return as a dependent with no income, you cannot be considered doing anything fraudulent. I would refer to your parents' tax return forms if you need a proof of that.

Just to give yourself a piece of mind, I would suggest to speak with a tax specialist, for example from H&R Block, and find out exactly where you stand.

I was thinking the same, that there are no legal grounds for a waiver at this point because we are still married. I will wait till the divorce is finalized, then I will take it from there. When this happen, I will consult an immigration lawyer. I wanted to know if anyone here went thru this same situation. Thanks.

I'm having an impression that most people on this forum have intentions of blaming somebody for their life situations instead of truly helping, that's disappointing.

Life is not that easy, guys. Neither are some relationships.

I had some experience with this and had to consult several attorneys, so yes, it wouldn't be wise to make any changes until your divorce is finalized. From my personal experience, people do change their minds over time, divorce process stops and you can find yourself in a bad situation because you jumped over your head and stirred things up. Yes, we all need to be honest, however it doesn't mean acting irrationally and making rush decisions.

You are right, there are only two options - married and divorced. Legally you are married and in no case you are lying to anybody. If you move out early enough, you can change the address. You will be probably called for an interview and if you still don't have a divorce decree by that time, you might be asked to provide one within a certain period of time, and then still get approved. Good luck in your process!

But we filed joint petition, how will they send me a RFE for the divorce decree? Should I send them a letter first?

How should I notify or inform them? Just send a letter?

No, I am married since almost 3 years, living in the US for almost 2 years. I am talking the 90 days to file I-751. How do I send them a letter? Do I use my receipt number with my alien number?

No need to work yourself up with the wrong opinions here on what you have to do. You don't have a divorce decree yet? Well, then there is no legal ground for waiving your joint petition, because you ARE still married. Remember, the fact that you filed for divorce doesn't mean that the divorce will be finalized, everybody can change their mind. Do yourself a favor, consult an attorney and don't listen to people that have absolutely no clue but still give advise.

I'm sorry about your situation with divorce. As far as I know, when you get divorced, the joint petition that you had filed only needs to be "adjusted", you do not need to file a new one (and you cannot, since the 90-days period ended). You are doing everything right, but before you submit any changes to USCIS, I would hire a good immigration attorney with experience in this type of cases, or at lease consult one, imho.

November Filers 2015 - NOA date 11/24/15 and still waiting, any idea how much longer

My NOA date is 11/9/15 with VCS and waiting too

Mine has been saying that for a year now with VSC, it's totally normal.