carmel34

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.

Do you have documentation to show that you have been together in person at least once within the last two years (original boarding passes, passport stamps, hotel receipts, etc.)?

Texas would likely be easier. Mexico may require apostilles for US citizens' civil documents which takes time and additional expense. For US immigration purposes, a valid marriage performed anywhere is fine.

More than two years. Please clarify your "more than two years" response. Were you living together for two years, living in the same city and seeing each other in person for two years, or did you make multiple trips to be together, in person, for a total of two years? Based on the evidence you sent (photos, online chats, tickets), it seems more like a virtual relationship with one or more brief visits in person. If you were in fact together in person for more than two years, you should have stronger evidence such as an apartment lease or other documentation like utility bills together. For a K-1, in most countries, evidence of at least one in person meeting within the last two years is sufficient, but for Egypt they seem to be wanting more, maybe because of high fraud by others. Is this an arranged marriage, and what were the circumstances of your meeting? I agree with others, you should be fine with more evidence at the interview. Good luck!

OP's previous post from last year indicated she is living with her husband in the US and adjusting status.

Lying to the US government is never a good idea and can lead to big problems like deportation or a lifetime ban from entering the US.

CBP will make the decision, not Dept. of State, when you attempt to enter the US with the ESTA. CBP have tightened up lately, depending on the point of entry and the person, so be prepared for questions such as: 1) why can't you do the case study interviews remotely via video call from Germany, and 2) do you intend to overstay, marry your US partner, and apply for a green card via adjustment of status?

Yes, this is the best option.

With this age gap, married on first (and only) visit four years ago, no time together since then, and Nigeria (very high fraud country), your only hope for a successful visa process will be to spend much more time together, in person, before your wife files the I-130 petition and then after filing during the long 2-3 year process until a visa interview in Lagos. Good luck!

Have you consulted with an experienced US immigration attorney? I-601A waivers are generally not DIY cases, and yours is not straightforward.

Yes if you want to be together.

You have an approved immigrant visa to enter the US, a CR-1 visa. It was approved and issued by the consulate and will be valid until its expiration date, usually six months after the medical exam. When you enter the US using the CR-1 visa in your passport, it will be stamped by CBP as evidence that the visa serves as proof that you are a legal permanent resident of the USA until your green card arrives in the mail (up to three months after US entry). Good luck with your transition to life in the USA!

Most financial documents, like 1099s, should be sent by January 31, so you should be getting it soon or be able to download it.

TPS to AOS can be complicated especially with the new administration. This sounds like a case where consultation with an experienced US immigration attorney would be well worth the investment and may avoid mistakes down the road.

You will have to disclose the previous US visa refusals in 2005 and 2007 on the DS-160 application for a B2 visa. Also, you will have to include on the DS-160 any previous names that you have used in your life. Changing your date of birth sounds very fishy and will likely lead to scrutiny of your application. What is your country of birth? You apply online, here is a link: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

The I-864 and financial documents attached are used by the CO to make a judgment based on the unique circumstances of the case. There is no requirement or policy that they absolutely have to accept assets in lieu of regular income, they are merely guidelines. The final decision rests with the CO. The path forward most likely to succeed is to get a qualified joint sponsor.