carmel34

I strongly recommend CR-1 in your situation. It sounds like you're in a solid relationship already, multiple visits, so get married anywhere you like and submit the I-130 and I-130A for your spouse with the marriage certificate and other supporting documents. Read the CR-1 guide here on VJ, and also submit evidence of your relationship, time spent together, etc. Good luck! And by the way, you're never "too old" to fall in love!

Any B2 visa applicant who has family (or a romantic interest) in the US has a very hard time overcoming the intent to immigrate hurdle, especially from countries where there is a history of B2 visa abuse by others. The information that she has a sister in the US will be on any DS-160 that she completes when applying for a future B2 visa. The requirement to show strong ties to return to Thailand will have to be extra-convincing in her case because of this. Often the officer considering the application does not even consider additional evidence, they simply go by what is on the application form. Another DS-160 with the same information as the last one is likely to be denied. Unfortunately, this is the reality of trying to get a tourist visa from countries like Thailand. My husband, who is waiting in Brazil for a CR-1 spousal visa, does not even apply for a B2 to visit me in the US, even though it would be great if he could, because we know he will most likely be denied so why spend the $160? So I go and see him in Brazil, or we meet in other countries outside the US. Most likely, your sister will have go to Thailand to visit her family if they can't get a B2 to visit her in the US.

He should be able to get something from his insurance company stating the coverage, estimated cost of the insurance to add you and your son to his insurance, and estimated cost of co-pays and other out-of-pocket expenses you will need per year with his insurance to cover your dialysis treatments and medications. He needs to contact his insurance company to request this.

If visiting family members are turned away by CBP, refused entry because of the pending petition and a concern about overstaying or immigrant intent, you can always go and visit them in the Philippines.

Contact the USCIS office where you filed AOS for her and ask. Explain what happened, that she left the country before getting AP. They will tell you to start over and file a new I-130 because she is now outside the US, the one you filed is automatically void. She will have to wait the 14-16 months in Colombia for a spousal visa. Good luck.

I saw the articles about this US citizen in Syria, and some of the hateful tweets she made in the past years, encouraging people to kill Americans, etc. If she returns to the US it will be to be arrested, charged with crimes, stand trial, and she will likely be in prison for many many years. Sad story.

Your friend should set up a VJ account and come here to ask these questions. Only she knows what was said in the interview, only she will get the RFE. It would be much more helpful for her to ask questions herself, so I suggest you encourage her to do this, no cost, easy to do, better results and advice for her.

Your wife has to be a legal permanent resident of the US (green card holder) first, to be eligible for 319(b) expedited naturalization application abroad. In other words, you will have to file I-130, go through that process (14-16 months currently), move to the USA together, so that she can get her green card and become an LPR. You can't become an LPR living abroad, and because you live in HK, you will have to immigrate with her, establish a US domicile, meet US income requirements, etc. 319(b) is intended for LPRs married to USCs who are stationed abroad AFTER becoming an LPR in the US. Do some more research and you will understand this better. Since she has a B2 and you live in HK now, I would suggest that you wait until you are ready to move to the US permanently, then file the I-130 a year and a half before the planned move.

At your interview, the officer may ask for a letter or other document from your fiance's insurance company stating that you are eligible for coverage under his plan, date of estimated coverage (before marriage, after marriage?), pre-existing conditions coverage, if dialysis is covered under his plan, annual deductible, annual maximum amount covered, if medications are also required and the cost of those, regular doctor visits, and so forth. Insurance does not cover 100% of the cost, your husband will have to pay some of it in addition to higher insurance premiums after marriage and family are added to his plan. Given your condition, to avoid the public charge concern, I would suggest that your fiance should be asking these questions and that he should do the research with his insurance company and get the documents to show how much your treatment will cost every year, even with insurance it will cost something and depending on his insurance it could be a lot of money. This is very different from the rest of the world and is often a shock to immigrants. The officer might compare these additional costs to your fiance's annual income from the I-134 to make a determination about public charge. Good luck!

Photocopies of documents are sufficient unless specifically asked to provide "originals" on the RFE. If you have a second interview, take the originals with you for inspection if asked. For proof of end of a prior marriage, a certified copy of the divorce decree, all pages, will be necessary. You can get this from the county clerk's office, and it requires an official stamp from the court to certify it, this varies by state. Send exactly what the RFE asks for. Good luck!

Do more research on how the K-1 process works. There is lots of information here on Visa Journey on how to do it and all the steps, wait times, etc. The visa itself, from filing the K-1 petition until the beneficiary's interview abroad, takes about 10 months, and that's with no delays or problems along the way. Then they enter the US after the interview, and marry within 90 days. After marriage, you file more forms, include the marriage certificate, and apply for adjustment of status, also work authorization, and a travel permit called advanced parole. AOS takes a year or more. AP takes 4 to 6 months, so she cannot leave from the time she arrives with the K-1 until receiving the AP, so depending on the date of the marriage after arrival, number of weeks to get the official marriage certificate, and how long it takes you to submit the documents, forms, fees, etc. for AOS/AP/EAD, all of this adds up to quite a long wait before she can leave the US and return. So read and study more to learn all of this and plan ahead for long wait times and do not count on anything. Good luck!

You can file your 2018 tax return now, like TODAY. Then you can include a copy of it with W2 with your I-864.

My Mom did this last year, and she also lives in Canada, I live in the US. She went to her Canadian bank, had a "cashier's cheque" prepared for the total (big) amount, in US dollars, drawn on a US bank (most of the big Canadian banks can do this). Then she mailed it to me, and I deposited it into my US bank account. It did take a week or so to clear, but it was easy, no problems. And because she is still living, it is considered a gift for US tax purposes, not subject to estate (inheritance) taxes. You only have to file form 3520 with tax return to report the foreign gift to the IRS if the amount exceeds $100,000 (US). Good luck!

The IO will make the decision at the interview based on the evidence submitted. Current income is best, but a big gap of not working could be cause for concern, it's impossible to predict what the decision will be. And "meet the income requirements" is a judgment call--the 100% and 125% of poverty are minimums--we have seen many examples here on VJ of people who were denied or had to get a co-sponsor even though they exceeded the minimum. The IO will consider the totality of the case, look at past and current income, and make a decision. If you have any doubts in preparing for the interview in 8 months, 10 months, whenever it happens, you can always have a co-sponsor with supporting documents ready if needed at the interview. You have such a long time before the interview that I wouldn't worry about it right now. Wait until he gets another job and see what the income is, consider the length of unemployment gap, and then decide if a co-sponsor would strengthen your case. It also depends on your embassy or consulate, so do research on the country-specific forums on VJ. Good luck with the long wait!

If you just sent the I-129F, he has 8-10 months to get a new job that meets the income requirements, as the affidavit of support is not needed until the K-1 interview. Proof of current income is the best evidence of his ability to support you.