carmel34

Looks like this could be another example of many who put "married" on a sworn application to get a US non-immigrant visa, then entered on that visa and married a USC, filed for AOS, and got caught because the divorce decree from the so-called marriage was fake to try and hide the lie, so he filed for divorce from the first "wife" in the US and is now hoping that an annulment from the second wife and remarriage will fix the problem. If he did lie on the original visa application and checked "married" when he was not, it could be a case of misrepresentation that will cause lots more problems when the new AOS package is filed. Just something to be aware of as a very good, experienced immigration attorney may be needed, if a waiver is made available by the adjudicating officer which is at their discretion and not guaranteed. Good luck!

At the same time. Normally you receive an email from the NVC when they send the file to the embassy/consulate abroad, with the interview day and time. Embassies/consulates send the NVC the open interview slots as they are available, then the NVC schedules them and sends the file abroad and the petitioner and beneficiary get an email. At least that's how it works for most people. It could be a long wait depending on the country because of the COVIC backlog. Good luck!

Write a letter explaining what your overseas income was, attach any evidence of such, and state that you had no US-based income. Also explain if you filed a US income tax return for 2020 or not. If you didn't, explain in your letter why you were not required to (below the minimum threshold). Keep in mind that US citizens are required to file income tax returns with the IRS based on their total worldwide income. You'll need a joint sponsor to complete a I-864 with supporting financial documents, to include with your response to the RFE. Good luck!

Bona fide relationship evidence is not required for a K-1 visa. Sometimes the officers want to see such evidence but this is consulate/embassy specific, usually for high-fraud countries and cases with one or more red flags. In most cases it is not necessary. The most important evidence is to show you met at least once in person, two years or less from the I-129F filing date, such as passport stamps, original boarding passes, hotel receipts, and a few photos together. You also need to submit each of your letters stating your intent is to get married within 90 days of arrival in the US on the K-1. Good luck!

Did you provide the translation of the divorce certificate in English, and how did you or the translator interpret the term "cartorio?" In my experience, getting married in Brazil and dealing with the offices and bureaucracy there, "cartorio" has two slightly different equivalents in English: notary, and civil registry. From the RFE, it looks like either you or the officer translated cartorio to mean notary, when it also means civil registry, the offices recognized by the federal and state governments to record all births, marriages, divorces, etc. If it was an official cartorio, it clearly meets the document classifications that are recognized by US immigration--Civil Registry (Cartório de Registro Civil das Pessoas Naturais). I suggest that you write a letter to explain this and to make it very clear that the divorce certificate was issued by the Civil Registry, not by a notary. They perform both functions, but the officer may have misunderstood your translated divorce certificate when he/she saw the word "notary," and assumed it was equivalent to a notary public in the US. In Brazil official cartorios are notaries, and notarize documents, etc., but they are also civil registries, very different from a US notary. I believe that this is a simple translation misunderstanding. Maybe include a corrected English translation of your Brazilian divorce certificate with the letter of explanation. Good luck!

The officer will make a judgment call, based on the "totality of the circumstances," so there is no way to know for sure if a joint sponsor will be needed until you go through the process--every case is different. From other's experiences here on VJ, I would say you should be okay if your current income is well above the minimum, and you clearly explain the reason (being a full-time student) for the years when your income was zero. A good future career path would be considered as well, as would expenses in the area where you live. The minimum current income is a guideline, not a guarantee that your case will be approved without a joint sponsor. If you are concerned, or want peace of mind, having a joint sponsor ready to go (I-864 completed with supporting financial documents) is a good idea in case they ask for one. Good luck!

This depends mainly on your current income. Current income (e.g., 1 month salary x 12) is the most important predictor.

Yes, good to know for the benefit of others who may have or will soon change their mailing address mid-process. I have seen many posts here on VJ that said USPS never forwards anything sent from USCIS. So obviously that is not the case for I-797s.

correction, the USPS forwarded the I-797, NOA-1.

The extended administrative processing for citizens of Pakistan is normal because it takes so much time to do background checks. Patience will be your best friend in this process, and although it can be frustrating, try not to worry too much about how long it might take. Maybe your US citizen spouse can visit you as often as possible during the long wait? Good luck!

Send your evidence to your US citizen boyfriend, he files the I-129F petition. He should also add his passport stamps showing entry/exit to your country, original boarding passes, and hotel receipts from the most recent visit. It would also be a good idea for him to have an account here on Visa Journey, to learn more about the process, required evidence of meeting no more than two years before filing the petition, and the pros and cons of the K-1 visa. Many here would suggest that getting married and filing an I-130 petition for a spousal visa is a much better US immigration path, as you can work and travel internationally immediately after entry to the US, without the need for the adjustment of status process with its months and months of delays in getting advance parole to travel, work authorization, and eventually a green card. Good luck!

Just an update for anyone going through removal of conditions, related to changing addresses after filing the I-751 but before receiving the I-797 (NOA1). My husband filed his I-751 package (528 pages total) on May 21, exactly 90 days before his conditional 2-year green card expires, and then we moved on June 1 and filed an online change of address with USCIS, hoping that the I-797 would be sent to our new address. I had heard that the US postal service does not forward I-797 notices from USCIS so we were worried that the move may cause delays in receiving the I-797. To our surprise, the I-797 arrived yesterday, two weeks after filing the I-751, extending his status for 18 months from the expiration on his green card, and the US postal service forwarded it to our new address! So to help others going through similar circumstances, the USPS will forward mail like this. Maybe not green cards, but in our case, they forwarded the I-751. Better yet, he did not have to wait 30 or 60 days for the I-797, but only two weeks! Good luck to everyone who is going through removal of conditions!

From what you have explained, it appears that your husband (or the person who helped him fill out the DS-160), checked "married" for marital status, when in fact, he was not married according to the laws of the DR (he had no marriage or common law relationship certificate issued by a government entity like a city, state, county, or country), but he was merely in a "free union" based on an agreement signed only by a lawyer. This is not marriage or even a common law marriage according to US immigration. The paper you submitted that stated he was single only complicated the situation. If he stated that he was married on the DS-160, which you confirmed that he did, US immigration needs a divorce decree which he cannot provide since he was not married or in a common law marriage. This catch-22 situation can only be resolved if he admits he lied on the DS-160, takes accountability for his actions, and comes clean with US immigration. Being honest will likely lead to denial of his adjustment of status application and deportation, because of the misrepresentation, and may come with a bar from entering the US for 5 years, 10 years, or lifetime, but there may be a waiver available either now while he is still in the US, or later if he leaves and you file a spousal visa petition while he is in the DR. In three years of following similar cases here on VJ, I have never seen one that reports back with a successful outcome. Hopefully your US immigration attorney is very experienced with these sorts of misrepresentation cases and can help him stay, but it may take a very long time and cost a lot of money. If he has to leave the US, are you prepared to move to the DR to live with him? I wish you all the best however this turns out! See below for the USCIS policies on misrepresentation and waivers, and that the granting of a waiver is based on the discretion of the immigration officer adjudicating the case: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2 https://www.uscis.gov/policy-manual/volume-9-part-f-chapter-2

if you decide to file as married jointly, check out the W-7: https://www.irs.gov/pub/irs-pdf/fw7.pdf

This is not normal, even in COVID times... clearly they are uncertain about something or it would not take this long and they would not see the need to visit your home in the early morning. But if the USCIS officer was concerned at the AOS interview that he was married in his home country before coming to the US, the statement that he is single may not be sufficient. Did he put on his US tourist visa application that he was married? If so, and he was not, it could be a big problem, and as others have discovered in similar circumstances, there is no way to resolve it, as it is a common misrepresentation to gain non-immigrant entry to the US, trying to show ties to the home country that do not exist. Good luck, and keep us posted on how your case turns out!