KyK

14 minutes ago, geowrian said:

Is that still the case with DCF, though? I believe DCF bypasses NVC.

Good point! I'm not sure.  I was speaking off of personal experience. I would assume they would still have to submit AOS to consulate though. 

You can file abroad. 

For establishing US domicile you write a letter explaining what you plan to do when you move back, show evidence of credit cards/bank accounts with US address, proof that you are registered to vote etc. Basically send in anything that had your name and US address on it. 

The I-864 is sent to National Visa Center once I-130 is approved. There is a wiki document somewhere on this forum that is super helpful. Typically people living abroad will have a co-sponsor because unless you have a lot of assets it is difficult to demonstrate a continuation of current income, but every person is different. 

I would definitely encourage you to read through the process on the wiki documents

http://www.visajourney.com/wiki/index.php?title=IR1_and_CR1_Immigrant_Visas

http://www.visajourney.com/wiki/index.php?title=NVC_Process

18 minutes ago, josue818 said:

There is no AOS involved if the person has an EWI. 

AOS as in Affadavit of Support package not adjustment of status.  Thanks!

Hi everyone

Thanks for the comments (even the unnecessary mean ones)  I think I understand now. So we need to file I-130 and once approved submit the normal IV and AOS packages but also send the I-601A waiver. Once I-601A is approved the NVC can approve IV/AOS packages for interview and then spouse will go to interview and get CR-1 visa.

Now I just need to wrap my mind around everything we will need for this. 

Thanks again everyone for the help!

59 minutes ago, Iwo_Jima said:

Why do you refer to you wife as "they"??

51 minutes ago, Unidentified said:

People seem to be allergic to using he/she... 

 

It also seems to be a common thing among VJ'ers who break up.

6 minutes ago, NYCruiser said:

I think the OP is part of a gay couple....She does not want to be judged

 

Why would you assume I am male and/or gay? (not that it really matters haha)  Really it is for personal protection, in the off chance that my ex-spouse (who is known to be revengeful and capable of anything) was on this site. I tried to be as vague as possible while still being able to receive relevant feedback to my current situation. 

I hope you can all be understanding. 

45 minutes ago, doggieandsam said:

since they entered illegally, that means they have no pathway to adjust status. they will need to exit the USA and wait out their bar first (10 years i think in this case). once that is over, only then can you petition them and apply for a waiver for their inadmissibility. this will be difficult and complicated, you will definitely need a lawyer like what others above said.

if you don't want to specify gender, like what OP is trying to do in his/her post, instead of writing "he/she", one can use "they".

19 minutes ago, javadown2 said:

From one bad situation to the next...wow sounds wonderful! haha.....

 

Ok, just had to say that, for now I would say what others are saying..."they" (the illegal person) needs to leave the country and come back the correct way, that is the only answer...take it or leave it. 

Thanks for your comments  However, after reading up a little bit about the waiver process and discovering the form I-601A, there does seem to be an "easier" option. I was hoping someone with a similar experience or greater knowledge could give some input here. Either way I will probably be consulting with an immigration attorney as well. Just trying to get as much knowledge as possible 

Just now, missileman said:

The big question is:  Was this person who is now here illegally ever inspected when entering the US?

They were not. They entered the US illegally. 

So sorry I didn't mention it, thanks for the question. 

So Visa Journey...we meet again. This time for something totally not expected. 

I apologize in advance for the incredibly long story I am about to unfold on everyone (or at least those interested enough to keep reading)

I am USC, I was living abroad a few years ago and got married. Went through the whole CR-1 process and moved back to the US about a year and a half ago with my then-spouse. 6 months into moving here I began noticing my spouse acting incredibly strange and was often catching the person in lies. Turns out they had a drug problem that pre-dated our marriage but I never knew and/or noticed it before because, while living in their home country, I was constantly lied to and never really able to pick up on the signs. Naive stupid me. Long story short, they moved out, I waited to file for divorce because I wanted to see if we could work things out, but of course things just kept getting worse so finally I filed for divorce, which will be final next month. 

A few months after they moved out I reconnected with someone that I had dated back in highschool and we immediately fell in love again.  This person is in the US illegally. (hate that term) We have been dating for almost a year now.

Now to my questions:

We want to get married, I obviously can't legally get married again until my divorce is final next month, but given that we will at one point go through the whole immigration process I would like to know what our best options are. My worries are that if we get married too soon, USCIS will think it is a fraudulent marriage. What does everyone else think? 

Also, what is the process in this situation... I-130, I485 and I-601a? (Came to the US once over 10 years ago and has not left since)

I am feeling somewhat overwhelmed....Sorry if I did not include enough information, but any and all comments and suggestions are welcomed!

*EDIT* I clearly forgot to include critical information, sorry!  They did not enter the US legally.