carmel34

1 hour ago, MayJ said:

Good day!

I an a 10year greencard holder and I am applying for citizenship this month 90days before 5years. I got divorced from my previous spouse that petition me for greencard on Sept 2021 while my I-751 is on the process. when we filed it we were still together we filed it jointly then in the middle of the process we got divorce but then on October 2022 I received an approval and got my 10yrs GC. is it safe to apply for citizenship with this case? Someone says that I should have notified immigration with my divorce but I wasnt aware of that wheb I got my 10yr Gc I didnt get an interview I just got approved. Would this affect my citizenship application? Do I need to file for a waiver or something?

i need advise please help

 

thanks a lot

When you file for naturalization, they will look into your complete immigration file, including the approval of I-751 and its circumstances.  Conditions were removed based on a joint filing when at the time you were in fact divorced.  Do not file for naturalization because it will likely be denied.  File a new I-751 package with a divorce waiver and a detailed cover letter explaining what happened.  I also recommend a good immigration attorney to assist you so that you don't make any additional errors.

https://bnnbreaking.com/world/nigeria/simon-guobadias-quest-for-citizenship-a-tale-of-fraud-identity-and-the-pursuit-of-the-american-dream

7 hours ago, Koke Sisman said:

Hi,

 

Last Friday I received a denial letter from the USCIS on my I751 application. Notice to appear not arrived but in the letter says that I can defend my self in removal proceedings.

 

If I would refile before I got a notice to appear, how soon will I be able to travel outside of the US and what would I need for it? Advance Parole or Stamp? I still have the a travel stamp valid till Jan 2025 from the denied case. Will the refiled I751 attached to the previous one so my stamp is valid? Or do I have to get another stamp and how long does that usually take?

 

Also can I apply for a E1/E2 or B1/B2 visa if my refile got denied as well?

 

Thanks!!

 

Do you know or suspect the reason(s) for the I-751 denial?  Refiling a new I-751 will likely be denied also unless you fix the problems with the first one.  Same goes for NTA.  An immigration judge will look at all the evidence, so either way you need to be very thorough.  If you get an NTA and go to court, an experienced attorney is strongly recommended.

12 hours ago, Uber Wild Pigeon said:

My son has his CRBA. The I130 Page 3, Question 38. is asking if he has obtained a certificate of naturalization or certificate of citizenship. Will the CRBA be sufficient for this? Or will he have to file N600 prior to sponsoring my husband?

I assume that your son is living in the US and that he is 21 or older?

7 hours ago, Zongkeh said:

Thank you for your response. It’s possible to adopt her in my country. I have resided with her for 3 years and my husband comes here from time to time. Shouldn’t we both be doing the adoption ? Can I alone not have met the physical custody requirement or must it be the couple, ? And yes , I was hoping on seeing every possible means she could be there while am there too. I will definitely look into delaying my interview. My only concern was if it was even possible to immigrate to the US given  she is my sister. 
so are you suggesting I delay my interview , while my husband files for her so we move together ? Thank you 

This is one of those cases where an experienced attorney in your home country, familiar with both adoption law and US immigration law, would be well worth the expense.  It will take time and money, and if you want to wait for her, the best way for that to happen would be to delay your interview until her adoption is done, a petition filed for her, and all requirements of US immigration satisfied. Since your US husband will be the petitioner, he will need to live with you and your sister after she is legally adopted, in your home country, for two years before he can file the I-130.  The whole process could take 4 years or more before she could get a visa to immigrate.

6 hours ago, Abena Dee said:

My husband left his job 30th Jan and my interview is in Mid March

Joint sponsor will be needed or the visa will be denied.  You need a joint sponsor with a I-864 and supporting financial documents.  You can tell the interviewing officer that your husband is unemployed with current income of zero.

22 hours ago, A and E said:

No the bottoms is my case number and my alien number. This is the first page it came with. I don’t understand what I need to do. 

Are there any additional pages following this one?  At the top of this page it gives the deadline for submission and says "Please provide the evidence requested below."  After that there is nothing specified to send in.  There must be more or the page(s) is/are missing.  Add the additional page(s) here for best advice or call USCIS and ask for a tier 2 officer.  

Foreign, self-employment income of the beneficiary/immigrant that would continue after she immigrates to the USA will always be subject to a high level of scrutiny.  Solid, W-2 income from a steady job in the US is what consular officers prefer as it is more credible and less likely to stop.  You can try to justify the continuation of the self-employment income after she becomes resident in the US, but if it does not work, a US-based qualifying joint sponsor may be needed.  I suggest that you start lining up a joint sponsor if you end up needing one.

You have received very good advice in the merged threads.  She has a 2-year green card, and can remove conditions on her own with a divorce waiver.  The I-864 is a contract between you, the primary financial sponsor, and the US government.  If she gets means-tested government benefits (which are very narrowly defined), the US government could theoretically ask you to reimburse them, but this rarely happens.  Don't worry about it.  Focus on the divorce.  She could try to use the I-864 in the divorce trial as leverage (do NOT settle with her), but your attorney will counter that with evidence of her infidelity and hidden, malicious intent to use you for a green card.  The divorce judge will decide what, if any, financial arrangement to impose on you in divorce court.  An experienced, aggressive divorce attorney is what you need to get this done, then move on.  

11 hours ago, yuyul said:

Should I do this before submitting my k1

Your US citizen boyfriend needs to complete and submit the I-129F petition, not you.  The visa application for the K-1 comes much later in the process.  I-129F petitions take about a year to be adjudicated after submission.  I-129F petitioners are also required to disclose their criminal backgrounds with documentation, which could add more time to the process.  Were any of the convictions for Adam Walsh Act offenses?

12 hours ago, dd2024dd said:

@powerpuffwow, that's great. Thanks for that suggestion. That sounds like a winner to me!

I've been reading their website, and the scheduling page mentions this:
 

Do you know, what license are they referring to?

 

You apply for the marriage license online, Utah County website, then schedule the Zoom marriage.  It's fast, easy, and valid for US immigration purposes.  Many have done this in similar situations to yours.  CR-1 spousal visa is far superior to K-1 and about the same processing time from filing the petition to visa interview.  Do more research on the I-864 and financial sponsorship.  You will need sufficient US-based income and evidence of US domicile or intent to re-establish US domicile as the primary sponsor.  You can also find a qualified joint sponsor.

10 hours ago, Underscore U.S.A said:

If I submitted my I-130 in November and I am awaiting for an answer, can I invite my wife to the U.S. or will it prolong the process? Or will it extend the time that I’m awaiting now?

Lagos is about 2 years for a spousal visa, so likely somewhere around November 2025 if all goes well.  I also recommend that you try to visit her in Nigeria during this very long process as often as you can.  Not only will this help with the relationship and feelings of missing each other, but documentation of those visits (upload at the NVC stage) will greatly increase the likelihood that the visa will eventually be approved.  I visited my husband 8 times in Brazil while waiting on the CR-1 process.  One advantage of the long wait in Lagos is that your wife will probably get an IR-1 visa and a 10-year green card on arrival in the US, bypassing the very crazy I-751 and removal of conditions process.

2 hours ago, LynnSunshine said:

Besides all that, there's no way I'm going to drive all that way with two dogs without someone with me, and flying isn't an option. 

The best path forward through the Montreal Consulate is for your US citizen husband to move to the US 4-6 months before your estimated visa interview date, to establish domicile, get a driver's license, rent or buy a place to live, open a checking account, etc., and get a job as your primary financial sponsor, then he can go up to Canada for a week to help you move to the US after your visa is in hand.

14 hours ago, PokuPoku said:

I believe what I read is that income isn't a hard rule, that you can still be denied if you are above the income requirement. So I think providing a few assets is probably a good idea.

Current W-2 income is best, with liquid assets like cash in a savings account next.  The interviewing officer will look at the totality of the petitioner's circumstances and make a judgment, and the I-134 income requirement is lower than the I-864 for adjustment of status after marriage on the K-1.  If your current annual income is borderline, liquid assets could help but there is no guarantee.  Have you considered a joint sponsor?

14 hours ago, chronos1116 said:

Moving forward, every time she enters, does she need to enter under an ESTA? I acknowledge the 1.5:1 day rule, so we will be mindful of that. And if we can extend our upcoming trip, do the immigration officers take note of that? How do we let them know that we will be extending our trip? Or do we just be honest with them and let them know when we plan on going back? I know honesty is the best policy with them.

Just be aware that any entry to the US is at the discretion of the CBP officer, whether land crossing or airport.  They tend to be very wary of Canadians who enter too frequently and stay too long.  There is no written "rule."  Plus, they will be able to see on their computer system all of her previous entries.  Short visits of a few weeks each, with plenty of time between visits, will be less likely to be cause for concern.  The default is to assume that she is trying to live in the USA without the proper visa.  You should also seriously consider visiting her in Canada more often to avoid problems during the K-1 or CR-1 process.

5 minutes ago, Makanaki said:

In fact one of the reasons they are yet to divorce is she’s asking for alimony.

She can file for divorce on her own and seek alimony in court.  She doesn't need his "permission" for that.  Not paying taxes means that the N-400 will be denied.  I agree with others that paying for a very experienced immigration attorney is in his future.  Plus a good divorce attorney.  Advise him that he may need a second job to pay for everything.

9 hours ago, BringHerOver said:

2. We submit the I-130. I assume this goes the normal route and not the consular route even if she stays in Europe during this time.

Consular processing is the normal route, they are the same.  1-2 years from filing the I-130 petition to spousal visa interview in her country of legal residence.  You'll need a marriage certificate to file the petition to start the process.  It is not fast.

3 hours ago, Oneal777 said:

 

So we are meeting in Brazil this December...so we should marry then...and then file an I-30 once I get back to the United States.

 

Is there anything I should do before I visit Brazil in December? And how long should I plan to stay?

An American marrying a Brazilian in Brazil is not a simple process.  I did it, and it takes a lot of time, documents, and effort.  I had to get all of my civil documents certified by the secretary of state in each state that issued the US documents (a big hassle), translated to Portuguese (can only be done by expensive government-approved translators in Brazil), and sent to the local cartorio in Brazil where you intend to get married.  All of this has to be done well in advance, just to file an application for marriage, which is required a few weeks before the intended marriage date.  The documents can be sent via FedEx from the US to the translator who then sends the translation to the chosen cartorio.  The marriage application required my signature, but my work schedule did not allow me to make a special trip to Brazil just to sign the marriage application and then fly down there again a few weeks later for the marriage, so I had to prepare a limited power-of-attorney for my husband's friend so that someone could sign the application on my behalf, and that document had to be certified by the secretary of state in the state where it was issued, and go through the same official translation process in Brazil, then to the local cartorio.  After all required documents are accepted and the marriage application signed, there is a waiting period of about a month during which they post public notices of the intended marriage.  We chose to get married in Brazil, but it took about three months and considerable expense.  If you get all of the documents and translations to the cartorio before your trip to Brazil in December, you will still need to both sign the marriage application at the cartorio and wait a month before the actual marriage.  If you can't stay in Brazil for a month, I recommend that you get married via the Utah County Zoom option when you are together in Brazil, keep evidence of being together in person for the online ceremony, then file the I-130 petition online as soon as you get the marriage certificate which is only a week or so later.  The spousal visa process will take 1-2 years from filing the I-130 petition to the visa interview.  Your wife will need to interview at the US consulate in Rio or she can choose Australia if she will still have legal status there in 1-2 years.  Good luck!

4 minutes ago, TD6886 said:

Do you have to register in vietnam after the Utah?

No

10 hours ago, DyslexicDancer said:

Not even sure if we will have enough time to get married before I fly back for my medical appointments.

 

Now we just have to figure out the marriage process here in the Philippines.

Check out Utah online marriage via Zoom, it is fast to get the marriage certificate and is valid for US immigration purposes.  You will also need to include, with the I-130 petition, documentation that you have been together, in person, during or after the online wedding.

https://www.utahcounty.gov/dept/clerk/marriage/ceremony.html

8 hours ago, DyslexicDancer said:

From what I have read waiting to get married in the US under a K1 Visa is a faster process

K-1 is about the same as CR-1, 1-2 years.  There are many advantages to CR-1, which seems the best path in your situation.  DCF may work after you get married, but you'll first need to contact the US consulate/embassy in Manila to ask and explain your exceptional circumstances.  If they say no, then regular CR-1 processing, 1-2 years from filing the I-130 petition to visa in hand.

Here are two good resources.  The first is a forum similar to Visa Journey but for immigrating to Canada.  The second is the official Canadian government immigration site.  Good luck!

https://secure.immigration.ca/forum/forums.html

https://www.canada.ca/en/services/immigration-citizenship.html

9 hours ago, Katlady203948 said:

I'm trying to look into DCF - it's so unclear whether that applies to our case or not - I swear the US Embassy website said it didn't the first time I looked, and now I can't find that page. Also, the only consulate that does immigrant visa processing in Canada is in Montreal, which is far for us to travel to file, but of course would be worth it for the processing time, IF our situation applies after all.

Your US citizen spouse should send an email inquiry to the US Consulate, Montreal, asking if they will consider a DCF for a spousal visa.  You don't have to travel to Montreal to do this step.  That would come later for a visa interview.  A written job offer in the US for the citizen with a short timeline to make the move (a few months), will be necessary to even be considered for DCF (takes 2-4 months typically).  If the answer is no, you will have to go the regular spousal visa route, US citizen files the I-130 petition online via the USCIS website, takes 1-2 years.  Also pay attention to the US citizen's domicile in the US and financial sponsorship with US-based income or a joint sponsor will be needed.

9 hours ago, Spotify said:

If a family did drugs in the past (20 years+), but stopped since then, would they be considered inadmissible for a tourist visa?  I think on the DS-160 it asks something along the lines of "are you a drug abuser or addict?" 

 

Would this cause any issues in the visa interview/application?

Drug use 20 or more years ago needs to be declared and will be considered of course by the interviewing officer, but more important for a B2 would be current ties to the home country.  Family in the USA would show strong ties to the US and evidence of immigrant intent, making it difficult to get a B2.  The only way to possibly overcome that is a long-term, full-time job, property owned, family obligations in the home country, etc.