carmel34

The prior B2 denial will always be linked to his name, date of birth, photo, and other biometrics. A new Portuguese passport will not change this, so he is not eligible for ESTA. He is free to apply again for a B2, but this will be denied as well unless he strengthens his ties to Brazil. Does he own property, have a stable job, family responsibilities, etc. in Brazil? If you are a serious "friend" in the USA, and his purpose for travel is to visit you, this will be considered a strong tie to the USA, with a good chance that he will abuse the terms of the B2 and try to stay in the US, as many Brazilians before him have done. I suggest that you visit him in Brazil if your true intention is to meet in person, it is a beautiful country. Good luck!

You will likely be fine either way, K-1 or getting married first then doing CR-1, as long as you are completely honest and include all of the details of your criminal history, including court documents, on the I-129F petition, the first step to a K-1. Criminal background information for the petitioner is not part of the I-130 petition, the first step to a CR-1. You would have a big problem if you choose K-1 and then do not disclose criminal information on the I-129F, because later in the process USCIS will do a background check on you and find out, which could lead to a denial based on misrepresentation. As others have said, CR-1 is far superior for many reasons, and in your case, appears to be the best given your criminal background. Good luck!

My husband, who came on a CR1 spousal visa, waited to file the N-400 exactly three years since entering the USA and becoming an LPR, because he had to satisfy the 3 years of living in marital union on the date of filing. He did not file within the 90 days early window specifically for this reason, despite knowing that others did so and were approved. It seems as though USCIS has tightened up this requirement recently as they have been instructed to scrutinize all cases more carefully. The N-400 instructions clearly state that as of the date of filing, the applicant must have satisfied the 3 years living in marital union requirement.

You can travel and get married in his home country, then file for CR-1. Or meet in a third country close to his for marriage if the home country is more complicated or takes more time/documents. Another option is to marry virtually via Utah County online marriage, then meet in person somewhere before filing the I-130 petition to start the CR-1 process. Good luck!

Joint sponsor is the best path forward in your case. Also do research on establishing US domicile for the US citizen petitioner as Montreal is VERY strict on that requirement at the visa interview. You may have to return to the US before your spouse's interview to satisfy this. Good luck!

I saw this story yesterday and this was my thought as well--I-485 pending, and left with no AP, so I-485 is null and void, leading to detention and deportation proceedings. The child complicates the case so it will be interesting to hear the outcome. It could be another case of bad advice from an immigration attorney.

If you do live in the USA then your wife having a US husband is a very strong tie to the US and weakens her case for a B2 significantly, especially applying in a high fraud country. Definitely try for an emergency B2 but chances are low given your situation. Have you filed an I-130 petition for her? Consular officers always assume immigrant intent so that will be a big hurdle to overcome. Just being realistic here, have an alternative plan ready if your two-year old son's case is indeed urgent and can only be treated in the USA.

Based on your previous posts, the NTA is for your son who previously had an asylum case closed and two pending I-130 petitions, one from a sibling filed a few years ago and the one you filed this year. I-130 petitions, either pending or approved, do not give the beneficiary any legal status in the US. The best advice you will get is to always attend a scheduled hearing in immigration court, especially in today's strict enforcement climate. Your son should have a good immigration attorney with him for his appearance in immigration court, and to prepare documents in advance. Does the NTA state that the hearing will be to review your son's withholding of removal?

You can check all processing times here: https://egov.uscis.gov/processing-times/ I-601 is currently taking 34.5 months at NSC. Hopefully the expedite request will be approved to help it to move faster. All you can do at this point is wait. Good luck!

To be safe, I always suggest online AR-11 and also a paper version, sent by mail to USCIS via certified mail with return receipt. That way you will have documentation to show that you properly followed their procedures if you are ever questioned.

Your US citizen wife will have to file an I-130 petition with USCIS for you, and once this is approved (14-16 months currently), you will apply for a spousal visa (IR-1) and interview in Montreal which means more waiting. Plan on about 2 years for the entire process. If your wife has a written job offer from a US employer, you could first ask Montreal if they will accept a DCF (direct consular filing) of the I-130. DCF, which is at the discretion of the Montreal consulate, would speed up the process considerably (3-6 months). Also do a search here on VJ for threads about your wife establishing a US domicile, as Montreal is very strict on that. She may have to move to Texas before you get your visa in order to show US domicile. Good luck!

Ask the Montreal consulate if they will accept a DCF case based on the above, and include documentation to support the "imminent need to depart the country." If they say no, try a written job offer from a US employer. If both of these fail, DCF is not an option and you will have to file I-130 petitions for all family members with USCIS to start the process. Plan on about 2 years, and pay close attention to Montreal's requirement that you have established a US domicile by the time of their interviews.

A notary in Brazil is able to issue a printed copy of the annotated marriage certificate, showing the divorce. It will be a printed copy that the notary can sign and stamp so it is official. Check with the notary where the marriage and/or divorce were filed.

If you are past normal processing time, you can file an online case inquiry: https://egov.uscis.gov/e-request/

Did your wife attach the written job offer with the DCF request? If not, try again with the job offer included in the email and make it clear you are asking for DCF approval. If she already sent the job offer and clearly asked for DCF based on work relocation to the US, their answer appears to be no and file the I-130 with USCIS. Good luck!

You will not be deported if you switch your pending I-751 to a divorce waiver and submit a final decree of divorce in response to a likely RFE. The issue of your child will be up to a judge in the divorce process. As others have suggested, you need a good divorce attorney who could help you get full legal custody of your child. If you are successful, you could move back to the UK with your child. If not, you can legally stay in the USA to co-parent, while the I-751 is pending and after it is approved. Good luck!

If you are waiting on I-751, removal of conditions, you should contact the USCIS regional office that sent the receipt notice and let them know you are changing the I-751 to a divorce waiver, so a divorce will not negatively affect your immigration status. File for divorce ASAP, as you will need a final divorce decree to complete the I-751 process. Sorry to hear about the marital issues, and best wishes to you moving forward.

Best option in your situation is contact the US consulate where you live and request a spousal visa via DCF (direct consular filing) with a written job offer in the US for you. Of course you'll need to get married first. If that route is not accepted, just stay where you are. Even a B2 could be difficult for her, given her relationship with a US citizen--immigrant intent would be assumed, and even if that works out, she could only stay in the US for six months maximum.

Here's a recent example of how similar actions by someone with a B2 visa got her in big trouble and deported from the US: https://www.usatoday.com/story/travel/news/2025/03/20/tourist-visa-violations-us-british-traveler/82565875007/

Previous post indicated Pakistan, which means greater scrutiny for any visa application. OP, make sure your wife's B2 application is completely truthful, that she is currently not employed, but had a teaching position five years ago. B2 interviews could take many, many months to schedule.

All J-1 and F-1 visa applications are now subject to greater scrutiny, which has slowed down the process in all countries. I suggest that you contact the sponsor, explain the situation, and try for another program start date, maybe January 2026. If they say no, you will have to look for other sponsors and programs and re-apply. Many in your situation are now looking at other countries such as Canada, UK, and Australia instead of the US. Good luck!

List everything. Mahmoud Khalil is a green card holder, currently detained by ICE and fighting deportation, who is accused of misrepresentation by omission on his green card application (I-485) for organizations he belonged to at Columbia University.

For Lagos, one visit for a month since marriage (I assume it was also to get married), more than a year ago, will very likely not be enough to overcome the assumption of fraud. Given your circumstances, I strongly recommend that you visit her multiple times before her spousal visa interview. Good luck!

Lagos is a notoriously difficult consulate because of the many fraudulent cases they see. A B2 will likely not be granted for your wife, but she can apply. There is also an extremely long wait for a B2 interview in Lagos, so she may get her spousal visa interview before the B2 interview anyway. To strengthen your spousal visa case, it would help if you went to visit her in Nigeria as often as you can, and she should take evidence of those visits to her eventual spousal visa interview. Time spent together in person is the best way to overcome the assumption of fraud. How much time have you been together in person since getting married?

There has been greater scrutiny in the last five months, so traveling together is a good idea, even for domestic flights. My husband (Brazilian, and a US citizen since 2023) and I (US citizen since birth) were returning from a trip to Brazil in February, sailed through immigration in Atlanta (we went to the officer together), and when we were exiting the baggage area, a CBP officer asked my husband if he was traveling alone. I heard the question and replied, "we are together;" he saw me and let us through with no further questions. If my husband had been alone, the officer would have likely questioned him, searched his luggage, etc.