carmel34

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.

Rather than a letter, you need to take relationship evidence, that the marriage is bona fide. Take documents from the entire history since marriage. Best evidence is joint lease/mortgage, shared bank account statements, etc. Also make sure you have evidence since filing the I-485. Both of you were asked to go to a second I-485 interview, correct? If so, prepare thoroughly as it may be a "Stokes interview" where you could be interviewed separately to make sure your answers match or at least line up. They could be looking for fraud so it will be on both of you to show them it is not. An attorney would be useful for this interview if you already have one who is familiar with your case, or a new one to help you prepare and be there for support. Good luck!

You will need consular processing abroad, either K-1 or get legally married anywhere then pursue CR-1/IR-1. It will take about two years from filing the initial petition (I-129F or I-130) to visa issuance. The K-1 option has many, many disadvantages. Be aware of the time, money, and patience involved. Short visits to the US on a B-2 tourist visa are fine, but entry and time allowed is always at the discretion of the CBP officer. Depending on the country, it may be easier for you to go and visit them. Good luck!

You can appeal the denial. Here's a link with a legal opinion and advice on ways you can proceed. I also recall a case from a couple of years ago where the petitioner sent an email to the consulate the day of the denial, asking for reconsideration and another interview, which was successful. So there is hope. Best of luck. https://www.lawfirm4immigrants.com/can-a-cr-1-visa-be-denied/

Have a farewell/engagement party before leaving Japan, invite friends, family, etc. but don't do anything that even resembles a wedding ceremony--no wedding clothing, no cake, no rings, no exchanging vows. The risk is too great so why play with fire?

https://www.visajourney.com/k1-fiance-visa-overview/ Read this carefully then click on the K-1 visa guide. Best of luck with the process.

Screenshots of conversations are secondary evidence and are not required for an I-129F petition, and are only recommended for high-fraud consulates. Are you including documents to show that you have been together physically at least once during the last two years (original boarding passes, passport stamps, hotel receipts, a few photos together, etc.)?

File for divorce today if you or your spouse have not already done so. Send a letter to the USCIS center that sent the I-751 receipt (and include a photocopy of the receipt) notifying them that you wish to amend the previous joint application to a divorce waiver, that you are now living separately from your USC spouse, that the divorce is pending, and include the mailing address where you currently live. Also file an AR-11 with USCIS online to confirm your change of address. No need to file a new I-751 or pay another fee. When you receive the official divorce decree, send a photocopy to the same USCIS center, or to the new one if they notify you that the location has changed due to your new address. If you receive an RFE asking for the divorce decree, you will normally have 90 days to respond. If you do not have the divorce decree in that time frame, your I-751 will likely be denied and you can file another one, with a divorce waiver, after the divorce is final. With the current administration, it is very important that you do things right or it could jeopardize your legal status in the USA. Good luck!

If the petitioner did not disclose the prior marriage on the I-130 that was approved, there will likely be issues of misrepresentation to overcome. A very good US immigration attorney will be needed to try and fix this.

Yes of course they should answer all questions they are asked truthfully. Entry to the US for non-citizens is always at the discretion of the CBP officer but from the details you have shared, they are likely to be fine. Strong ties to their home country helps to overcome the assumption that they may overstay. Good luck with the wedding and spousal visa process! Patience and attention to detail are key.

This is the biggest red flag of all.