carmel34

A photocopy of the court-certified divorce decree for any prior marriage is required with the I-130. If that was not included, it could mean denial of the petition, or at least an RFE.

Based on everything you have described so far, the only red flag that might get the attention of immigration officers is if you knew your current spouse before you went to the US as an immigrant the first time to be with your American spouse. Sometimes we see greater scrutiny of a bona fide second marriage if the relationship existed all along, since you're both from the same foreign country, and the first marriage was only entered into for US immigration benefits. So be ready to answer that question plus have lots of quality evidence that your second marriage is bona fide, like time spent together in person and some financial co-mingling. Good luck!

LOVE this comment! It brings back so many good memories. I used to live in Montreal and have never found anything that comes close to real poutine in the US, unless I make it myself at home.

I recommend option #1, it gives you more time to get to know each other and finally meet in person. You can see her in her native country, learn more about her culture, language, food, meet her friends and family, etc. Then after 3 or more months of living together in her country, you can make a more informed decision whether marriage is the next step for both of you. Then you can stay together while you file an I-130 petition for a CR-1 spousal visa, that process will likely take more than a year. The additional time together will be a big plus when it comes time for her visa interview. The big disadvantage of #2 is that it will be like being on vacation together, different from "real life," and after 3 months you'll be separated again. If you can figure out a way to fly to Sri Lanka, given your fear of flying, option #1 is best for so many reasons. Good luck!

POE means Point of Entry, where you formally enter the USA and go through Customs and Border Patrol (CBP) review, where they check your documents and ask the purpose of your visit or entry. It's usually the first airport where you land coming to the US by air, or in a few select airports abroad they have CBP pre-clearance so you don't have to go through CBP when you land in the US. These pre-clearance airports are in Dublin and Shannon in Ireland; Aruba; Freeport and Nassau in The Bahamas; Bermuda; Abu Dhabi, United Arab Emirates; and Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver, Victoria, and Winnipeg in Canada. After you pass through US CBP at these pre-clearance airports, in the secure area waiting for your fight, it is like you have already entered the US. If you enter by land, the POE is normally the point where you cross into the US from Canada or Mexico. If by sea, it is the point of disembarkation in the US.

I agree with the recommendation that you get married (a simple legal ceremony anywhere, shortest time, same-sex marriage legal, for example check out Denmark, Iceland), then file for CR-1 immediately after with the marriage certificate and all your evidence. The extra few months of processing time for the CR-1 vs K-1 is not the same for you as for most couples who are currently living apart--you are living together in Europe already. You've been living together for 7 years, you're in a legal civil union, you're essentially already married, just not legally recognized as such for US immigration. Once you get to the US, have a big wedding ceremony, party, reception, dinner, whatever. That's what we did. The biggest advantage of doing this is that your partner/husband will immediately be a legal permanent resident on arrival in the US, and can work, travel abroad, get a driver's license, etc. without the hassles and long wait for EAD/AP/AOS which seems to be increasing weekly. Good luck to both of you in your immigration journey!

I would suggest a maximum 87 or 88 day visit, then leave the US and stay out for at least six months before the next visit or he risks losing ESTA privileges. Good luck!

Sorry there are no soothing words to give you right now. The situation in Brazil is terrible, the virus is spreading very quickly and many hospitals are full. It just gets worse every day. The crazy president has tested positive for the virus three times and acts like it's no big deal. Brazil has the second-highest number of cases in the world and Rio is a hotspot. Chances are that the US consulate there will not start normal visa interviews for a very long time. I hope things improve so that you can be together soon. Good luck!

Best advice is to find a good attorney who knows both divorce and immigration laws. Explain your situation and that you can't pay. An experienced lawyer will be able to force your husband to pay your legal fees and also to support you and the baby financially both short and long term. You can file adjustment of status on your own if you have evidence that qualifies under the VAWA. So sorry you are going through this, hopefully the future will be better for you and your baby. Good luck!

If you don't have any emergency reasons, the expedite will not be approved. Everyone waiting has the same emotional strain. Hang in there and try not to worry. These are unusual times, more patience than ever before is necessary. Good luck!

This might work if you can take a boat to Sri Lanka, since you can't fly. DCF is most likely not an option, it has been discontinued in most countries except for a few rare situations. You would file a regular I-130 petition after marriage. Later in the process you would need to show sufficient US-based income, which it sounds like you would have, plus a US domicile, so keep your US connections like a place to live, bank accounts, driver's license, pay US taxes, etc. Find out from the Sri Lankan government what you need to live there for 1-2 years legally with your spouse. Good luck!

I'm not sure of the track record for scrutinizing relationships in Sri Lanka, but more time together is always best, especially if you go down the CR-1 spousal visa path. Maybe do more research on the regional forum looking for K-1 and CR-1 visa interviews in Sri Lanka. It also depends on other relationship "red flags," basically the more you have the more likely they will look very closely at the file and hence the need to front and side load with relationship evidence. Sending $30K to someone you have never met could be seen as one red flag, and sometimes a relationship that was initiated through family members is another. Do you have an age gap? Religious differences? Language difference? Just submitting a spousal visa petition with a marriage certificate may not be enough. In our case, by the time of my husband's visa interview, I had visited him in Brazil 9 times, and once in Europe. We front and side loaded as much financial co-mingling as we could, and were approved with no problems. As others have said, the more time you spend together, the greater your chances of success if you decide on the CR-1 route. Or go with K-1 and file with proof of meeting once somewhere in the world you can both get to, in your case, without having to fly. Good luck!

Here are the exceptions to Proclamation 9984, as listed in the proclamation itself. It's a long list. Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States; (ii) any alien who is the spouse of a U.S. citizen or lawful permanent resident; (iii) any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21; (iv) any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21; (v) any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications; (vi) any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus; (vii) any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew; (viii) any alien (A) seeking entry into or transiting the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or (B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement; (ix) any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee; (x) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; (xi) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or (xii) members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces. (b) Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.

In my experiences with attorneys, they tend to over-promise and under-deliver, and always collect their fees regardless of the outcome. They don't do much of the work themselves, but delegate all the paper pushing to secretarial staff or paralegals who are prone to making mistakes, losing paperwork, taking forever to do things, etc. Just know what you are getting into before spending thousands of dollars with no guarantee that it will help at all. For immigration, attorneys are normally only a good idea for very complicated cases involving deportation or waivers for criminal activity, etc., and then it's best to do a lot of research and reference checking to find one worth paying. Just my opinion for what it's worth. Good luck!

From the I-751 instructions: Criminal History If you have ever been arrested or detained by any law enforcement officer for any reason, either in the United States or abroad, and no charges were filed, submit an original official statement by the arresting agency or applicable court order confirming that no charges were filed. If you have ever been arrested or detained by any law enforcement officer for any reason, either in the United States or abroad, and charges were filed, or if charges were filed against you without an arrest, submit an original or court-certified copy of the complete arrest record and/or disposition for each incident (for example, dismissal order, conviction record, or acquittal order). If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit: 1. An original or court-certified copy of your sentencing record for each incident, and evidence that you completed your sentence, specifically; Form I-751 Instructions 12/02/19 Page 7 of 10 A. An original or certified copy of your probation or parole record; or B. Evidence that you completed an alternative sentencing program, or rehabilitative program; 2. An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction; or 3. If no record is available, an original statement from the court that no record exists of your arrest or conviction. NOTE: Unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver’s license. If you sent all of the above with your I-751, the RFE is most likely for other reasons, just wait and see what it specifically asks you to send. Is the $3,000 the attorney quoted you for the divorce? Or to respond to the RFE? $3K sounds typical for a divorce, if that's what you want to do start that process to end the marriage. If not, spend the money on a good marriage counselor and go together to try and save your relationship. You should be able to respond to the RFE and complete the ROC process on your own without spending $3,000 for an attorney's secretary to send in the forms for you. The only time attorneys are worth their fees is when there are unusual complications like a waiver. Good luck!