carmel34

12 hours ago, amsid_usa said:

I am thinking of 2 things right now.

 

1. How many years of income tax returns or bank statements do I need to provide. (i. e to prove residence in the USA) 

 

2. Does the embassy require any medical documentation of the pregnancy. For example doctor visit notes, ultrasound reports etc. 

 

Any asistance in this regard will be highly appreciated. 

 

You need documentation to show your US residency (actually living in the US) covering the entire time period they are questioning to qualify for CRBA: US driver's licenses over time, school/college records in the US, medical records from the US showing visits to doctors, voter registrations in the US, utility bills in the US in your name, etc.  US Bank accounts and IRS tax returns are not sufficient on their own since you can easily have those while living abroad.

17 hours ago, rafael777 said:

should we convert this stable union in Brazil to a marriage and then apply for her green card?

This is the best way.  CR-1 is far superior to K-1.  Get married in Brazil, then start the spousal visa process.  It will take 1-2 years from filing the I-130 petition to the visa interview in Rio.  You will need to have sufficient US-based income to be her financial sponsor, liquid financial assets, or find a qualified joint sponsor in the US. Good luck!

10 hours ago, mikeharry said:

Plan 2:

• Apply now from Canada
• Wife will have an issue establishing US proof of domicile (she only has a US passport and SSN).
• It will be hard for my wife to travel to US alone to establish domicile.
• Anything can be done from Canada to prove intent to establish domicile once me and our son get the green card?

Montreal US Consulate has a very strict interpretation of US domicile.  Evidence to show intent to establish US domicile is usually insufficient for Montreal.  She may have to move to the US a few months before your visa interview to satisfy the IOs in Montreal, get a place to live and a job in the US to be your financial sponsor.  Search the Canada portal for many threads on this topic.

1 hour ago, mehia said:

Thanks, I’m from Iran and now I’m working in Canada under work visa.

This will likely add more time to the process for the background checks regardless of K-1 or CR-1.  Both take 1-2 years, but in your case, it may be longer.

1 hour ago, AmericanGirltoBe said:

This will be so, so helpful for our wedding planning.

Your I-129F petition was only approved in February.  Montreal is very backlogged for interviews, it could take many months before yours is even scheduled.  Even after you get an interview scheduled, there is no guarantee that the K-1 visa will be approved, and if it is, no set timeline for how long after the interview it will take to get your passport back with the issued visa in it.  Some in your situation have even seen Canada Post lose the passport.  As for wedding planning, it is impossible to predict exactly when you will have the K-1 visa, so you should be flexible and not commit to any specific date for the wedding.  We have seen other couples here on VJ who made wedding plans, sent out invitations, spent money on expensive, non-refundable deposits for venues, etc. and then saw K-1 visa delays and had to change everything.  On rare occasions, a K-1 visa holder is denied entry at the US entry point.  Hopefully, none of those delays will affect your case, but they could.  The US Dept. of State clearly warns visa applicants: "Please do not make firm travel plans, such as buying a ticket or scheduling events, until you have your visa and IV packet in hand." 

https://ca.usembassy.gov/visas/fiancee/visa-approval/

4 hours ago, ickicker3908 said:

This all being the case, would it be plausible to complete a DCF filing due to being in a dangerous living situation? What do you think?

DCF would be more likely to be approved if you had a written job offer letter with a US employer.

Another endorsement of the CR-1 spousal visa recommendation from me.  There are so many advantages that it baffles me why some couples even consider K-1.  Not only is the processing time about the same these days, but keep in mind that if the K-1 is denied, there is no appeal, it is simply is sent back to USCIS to die.  K-1s also have a higher denial rate.  You do not have to live together after marriage for a spousal visa, many of us here on VJ were successful while living apart.  Good luck whichever path you choose.

16 hours ago, my_gf_wants_cr1 said:

We were planning on sending copies of the physical cards with a copy of the main account page showing the numbers and the names, so they correlate.

Better way to do this is to print quarterly statements, all pages, showing that both of you used the credit cards since marriage to the time of filing.  Do the same for your joint checking account.  Financial co-mingling is the strongest evidence for removal of conditions.  My husband's I-751 package was more than 500 pages.

You should also apply for the baby's US passport at the same time as the CRBA appointment.

21 hours ago, Dan B said:

I was married to a us citizen that cancelled my i485 application this my reason for filing this application. I have been waiting 19 months for an Employment authorization.

All you can do is wait.  VAWA cases can take a long time to adjudicate.  No one can predict if your ex-wife's withdrawal of your adjustment of status I-485 and generally being difficult will be enough evidence.  Most successful VAWA cases are based on physical violence backed up with strong documentation to prove it.  There have been a few on the VAWA threads that were approved based on emotional abuse, but not many.  Be ready with a plan B if you are denied and have to go back to your home country.  They may also ask for additional evidence of the abuse, so be ready to send more if you need it.  I assume that your attorney filed a strong VAWA package and hope that you will get approval soon.  Good luck!

There is likely more to the story than just generic "personal reasons."  Six months after a combo interview, still waiting for the oath ceremony to be scheduled is definitely not normal.  Some applicants are getting their naturalization certificates six months after filing an N-400 these days.  There is possibly something unusual here that OP has not shared.

A recommended step in this process is to wait until you receive the interview notice for the N-400, then send a letter to the same USCIS regional office on the naturalization interview notice, requesting a combo interview with the pending I-751, if it is still pending at that time.  Include in the letter a photocopy of the N-400 interview notice, as well as the I-751 receipt with the 48-month extension. This worked for my husband's case and he had a combo interview, first the I-751 where I was called in, then the N-400 on his own, both were approved.  Some USCIS offices routinely do a combo interview without the letter requesting one, but we have seen some cases here on VJ where a decision on the N-400 was delayed after a successful naturalization interview because of a pending I-751.  Good luck!

23 hours ago, Dataunavailable said:

They focused on her sister/aunt her in the first denial, since we are doing a spousal immediate relative Visa, this should no longer have any bearing correct? And the second was not believing intent to marry

From what you have shared, you have done everything right, so I agree with others that the probability of approval is high.  The previous two K-1 denials may have had something to do with the interviews, maybe her answers were not believable to the officer.  Having a sister and aunt in the USA was likely a red flag.  I suggest that you help your wife to prepare for the upcoming interview so that if she is asked about her family in the USA, she has an answer that is more focused on you and your marriage relationship.  She should know everything about you--past marriages (if any), your children (if any), all of your details including date of birth, place of birth, where you live and have lived in the past, your profession, where you plan on living together, her plans for work, education, starting a family with you, etc.  Practice with her to make sure that she answers with confidence, and that her reason for wanting to live in the USA is to be with you.  Sometimes people get nervous in the interview and the officer interprets this as not being truthful.  Good luck! 

1 hour ago, Suki112 said:

But I don’t have money to travel.

This could be an issue for a B2.  Ties to home country typically include a stable job and income that would allow you to pay for a short trip to the US as a tourist.

4 minutes ago, Pat31 said:

Sounds good. 

Thank you @Crazy Cat

 

Can it also be a disadvantage if the embassy rejects the DCF? What would then be the fastest way for my wife to come to the USA?

 

Pat

No disadvantage other than taking longer.  If Frankfurt says no to the DCF request, the only other option for a spousal visa is to immediately file an I-130 petition online, and include a request to expedite the case based on your written job offer in the US.  US immigration is never fast, even DCF if approved takes a few months.  Regular processing via USCIS then consulate abroad takes 1-2 years.

10 hours ago, Edwin. said:

In two counties in Florida, hillsbourgh county and Broward county offer to do marriage licenses online. They just have to video chat both parties. Then they will send you the marriage license, to have someone sign it as the officiant and then return it to them. 

As others have said, an online marriage is only valid for US immigration after you have been together, in-person, once married, or together during the online marriage ceremony.  The other challenge you face is that Morocco is well-known to be a difficult embassy/consulate that scrutinizes relationships because of fraud.  You will need to spend lots of time together, in person, and submit documentation of those visits/time together whether you choose an I-129F petition or I-130 petition for a K-1 or CR-1.  Meeting once before filing a petition is very likely to lead to a denial in your case, and it has nothing to do with a same-gender relationship.  Multiple visits, in a third country if  Morocco is not possible, is the only way this will work out.  You may want to consider spending a few months together in a third country after you get out of the military, to make sure you really want to marry this person and to show US immigration officers that the relationship is bona fide.

16 hours ago, Kitsarian said:

I unfortunately dont yet make the 125% required for adjustment of status however i sit between and meet the 100% required for the K1.

I strongly recommend a qualified joint sponsor if you want things to go smoothly.  Or get a second job to increase your income.

Update on Simon Guobadia (from Nigeria) case.  His USC wife is now divorcing him.

https://people.com/porsha-williams-files-for-divorce-from-simon-guobadia-8599102

Many K-1 applicants have been denied a visa for much less.  Sometimes an "engagement ceremony" in the beneficiary's home country, prior to entering the US on an approved K-1, has caused a refusal by CBP officers to enter the US.  Don't take a chance, register the marriage in Columbia and start over with a CR-1.  If you lie about the relationship's true nature in the interview, and the K-1 is approved, it could cause big problems later in the immigration/naturalization process for misrepresentation.

13 hours ago, From_CAN_2_US said:

From this it looks like the early filing allows 90 fewer days of being an LPR, but you still have to satisfy 3 years of living together with your USC spouse.

My husband waited until three years since LPR and living together before filing to avoid any problems during the N-400 process.  Many file at the 90 days before 3 year mark and are just fine, even though they had not been living together as a married couple for 3 years on the date of filing.  We chose not to take a chance just to make sure.