carmel34

You can try to change from a J-1 to a B-2, but you will have to convince the officer making a decision on your application that you intend to return to your home country after the period you request to stay as a tourist expires. Since your intent is to remain in the USA permanently with your fiancé, a B-2 is not an option for you. Your only option to remain in the USA legally is to get married to a US citizen and apply for adjustment of status. During the year or more waiting for the adjustment of status based on marriage to a US citizen to be adjudicated, you will be in a period of authorized stay, but you cannot leave the country or work without an approved advance parole and work authorization. You and your fiancé need to do more research on the marriage and adjustment of status process before making a decision. Good luck!

This same error happened with my husband's ROC filing in May of 2021, his name was spelled incorrectly on the NOA, both the 18 and 24 month extension letters. First he tried the online "typographical error" feature, twice, no response at all from USCIS. Finally in May of this year he sent a letter to the USCIS address on the NOAs, explaining the error, and included copies of both NOAs, his biometrics notice (they did not let him correct the error when he went for his appointment a year ago), copy of his I-751, and photocopy of his green card. He was hoping to get a new, corrected NOA for work and travel if needed while continuing to wait for the ROC process to play out, who knows how long that will take. Case receipt search finally showed "name has been updated," on the USCIS website, a few weeks ago, but no corrected extension letter has been received yet. We travelled to Canada and returned to the US with no problem, using his expired green card and the 24-month extension letter with the name error, he also had a copy of the letter he sent to USCIS and a printout of "name has been updated" status, but the CBP officer didn't even ask for them. He also recently got a new job with no problem, using his SS card and driver's license. The incompetence of USCIS is legendary. They can't even get important information like the spelling of someone's name correct when they enter it into their system manually. It's crazy! He is going to file a N-400 in August after his 3-year mark in the USA. We're hopeful that the name error will not cause problems with ROC and naturalization.

The only evidence required for an I-129F petition for a K-1 is documentation to show that you met at least once, in person, within two years of filing the petition. The best evidence of this consists of original boarding passes, passport stamps, hotel receipts, and a few photos of the couple together. Proof of the relationship is not required, either with the petition or at the visa interview, and is only recommended for high-fraud countries or situations where there are red flags such as a big age gap.

I agree with the other suggestions--spend more time together in person, get married, and then file for a spousal visa. My husband and I have a big age difference (27 years), so we didn't even bother with a K-1. Although I did not visit him for 3 months as you did, I was able to take multiple short trips to Brazil so that we could spend time together in person (four trips before getting married and filing an I-130 petition), and four more trips prior to his visa interview a year after filing the petition (side-loaded evidence of these trips at the NVC stage). The other thing we did, and I suggest that you do as well, is that we co-mingled our finances as much as possible while living apart (joint IRS tax returns as married-jointly, evidence of health insurance, beneficiary on retirement accounts, bank accounts, shared credit card account, will, living will, power of attorney, etc.). Some of this financial co-mingling evidence was sent with the I-130 petition, the rest was side-loaded at the NVC stage. All trips were documented with original boarding passes, passport stamps, hotel receipts, and a few photos. The more quality evidence you submit, the better your chances to overcome any doubts about your relationship because of the large age gap. It may be a long road, but you should eventually be successful. Good luck!

This is another issue to consider, and a big disadvantage of the K-1. You need to do more research on North Carolina law if that is where you intend to live. NC requires that all new residents get a NC driver's license within 60 days, so you may be able to drive for 60 days with a foreign license, but after that you can't just "trade it in for an international driver's license," you will need an NC license and to get one you will have to show documentation that you are in a legal status in the US. NC may require at least an EAD and that takes a few months after you get married and file for adjustment of status and work authorization. You will likely not be able to drive for a few months, so consider that and all the other factors before making a decision. Good luck!

I recommend that you find a very good divorce attorney, with experience in international divorces (one spouse living overseas), to protect your financial assets. The short length of the marriage, never lived together in the US, one spouse in Russia, etc., would all be considered by a family court judge and your attorney can advise you on what the likely outcome would be if he contests the divorce. To contest, he may have to hire a US attorney and that could be expensive and drawn out, so he may be willing to agree to a modest amount and settle. Maybe try a virtual mediation to negotiate if that is possible. Yours is not a typical divorce situation, so I doubt that alimony would be required, and the I-864 is irrelevant. Sorry that the relationship did not work out, and I wish you all the best! What factors will the court consider in determining Tennessee alimony? Here are Tennessee’s alimony factors: The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit-sharing or retirement plans and all other sources; The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party’s earning capacity to a reasonable level; The duration of the marriage; The age and mental condition of each party; The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic, debilitating disease; The extent to which it would be undesirable for a party to seek employment outside the home because such party will be custodian of a minor child of the marriage; The separate assets of each party, both real and personal, tangible and intangible; The marital property division; The standard of living of the parties established during the marriage; The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party; The relative fault of the parties (who is more to blame) in cases where the court, in its discretion, deems it appropriate to do so; and Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties. (source: memphisdivorce.com)

When did you stop working? Did you report this to your DSO? Any change in OPT employment, including quitting your volunteer job, should be reported to your DSO within ten days of the change. You only have a maximum number of 90 days of unemployment on OPT. I strongly recommend that you leave the US as soon as possible. You don't want an overstay on your record, and you may already have one. Don't jeopardize future visas to enter the US by staying longer than authorized. Check with your school DSO, and SEVIS to confirm your current status and when you have to leave the US. If you did a STEM degree, you can apply for an OPT extension, again, you need to check with your DSO as soon as possible.

Brazilian tourist visa (B2) applicants seem to be more scrutinized every year, this is because there is an increasing trend from Brazil to use a B2 to enter the US, then overstay and do everything possible to find a path to permanent residency (marriage to a USC, asylum claims, etc.). The US Consulate in Rio is aware of this trend and is looking more closely at all applicants. The best way to overcome this is to show stronger ties to Brazil (evidence of a good job to return to, ownership of property, etc.). The fact that she has a sister in the US, who will be financing her trip, is a strong tie to the US and will make it more difficult to get a B2 visa. All she can do is try, it is impossible to predict what will happen, but she has to overcome the assumption by the officer that she will overstay, on her own merits. Good luck!

Wishing you very best wishes on your new life in the USA. I hope everything goes well despite the difficult situation you are experiencing. Divorce is tough, but you can make it through wiser and stronger. Good luck!

What is your long-term goal? To live in the US together permanently? If you apply for a spousal visa for your husband, the process will take 1-2 years, and will require you as the primary financial sponsor, to have sufficient US-based income or assets to qualify, or find a qualified joint sponsor. There is also a requirement to establish a US domicile or intent to establish one in order to get approved. Sometimes that means the US citizen spouse has to return before their foreign spouse, with a separation period of a few months. Once your husband's spousal visa is approved, he will become a legal permanent resident on entry to the US. LPR status is for living in the US, so any trips abroad will need to be short in order to maintain his LPR status. The only way you can both come and go freely, and stay as long as you want in either country, is after he becomes a US citizen, which will take about 4 years after he enters on the spousal visa, assuming that you stay married the whole time. I suggest that you continue to research everything. Visa Journey is a great source of information, and you can ask any questions you want to. Good luck!

You're not alone with the long wait. Here's a thread for December 2020 I-751 filers. A few are getting their cards, most are still waiting for an interview.

Best evidence of all visits and time spent together would be original boarding passes, passport stamps showing country entries and exits, hotel receipts, a few photos, from each trip. If you lived in your sister-in-law's apartment for 2 months, an affidavit from her would be a good idea to support that. For Morocco, the more evidence of time spent together, in person, the better. I agree that you should submit what you have now with the I-130 petition, do more visits while waiting for approval, and then at the NVC stage, side-load more evidence at that point to show the additional trips. Good luck!

Also, count yourself lucky that your fiancé can go and visit you in Brazil for six months a year during the K-1 process. Most of us don't have jobs that would make that possible.

I always say think positively, and apply for another B2, all you risk is the fee, but expect another denial for two reasons: 1. It sounds like your ties to Brazil are the same now as they were six months ago when the B2 was denied. 2. Your ties to the USA are now stronger than they were six months ago, with an active I-129F petition in process.

From the description you have posted, it sounds like you are doing everything you can do. When the document you have does not match the official reciprocity schedule, it will cause delays in your case, that's just the reality of the situation. Hopefully the letter and additional evidence/explanation you have already sent will move your case along eventually. NVC can be a very frustrating phase of the immigration process, because it seems like an unnecessary step for applicants and takes too long, even for straightforward cases. It's all part of the inefficient bureaucracy of big government and a huge number of cases to review and process. Good luck!

Best advice you can give your SIL is what you have been given here--that the key to getting a B2 visa will be her own strong ties to Uganda: steady job, career commitments, ownership of property, and other reasons she may have to convince the officer that she will be more likely to return after a brief visit, such as a travel record to other countries for brief visits (UK?). Good luck, hopefully she will get a visa to visit you. Sounds like she already knows how difficult it will be.

You can't do anything to have her deported, as she can file the I-751 with a divorce waiver, which will likely be approved since the relationship was bona fide when her conditional green card was approved, based on all the evidence you submitted. If you have documentation that proves she committed immigration fraud, you could send it to USCIS, but there is no way to know if they will do anything about it or not. Focus on the divorce and move on with your life. Good luck! https://www.uscis.gov/report-fraud/uscis-tip-form

His entry at CBP will be up to the officer. They will likely seed his immigration application in their system, so he should be prepared if questioned about it, state that he will only stay for a short visit to see you when asked the purpose of his visit. It would also be a good idea if he had documents with him to show strong ties to South Korea (job to go back to, property owned, etc.). He should pack light and not bring multiple bags. They always assume immigrant intent, and in his case it is clear with the approved I-130. Good luck!

I added my Brazilian husband to my US health insurance shortly after our marriage in Brazil. All I needed was his name, date of birth, and a copy of our marriage certificate.

Pakistan has longer AP than most countries. Be prepared to request a delay in the rotation if the visa is not approved in time. And do not purchase any non-refundable airfares until you have the visa in hand.

moved to the correct forum

Is this for adjustment of status (spouse is already in the US), or filing for a spousal visa via consular processing abroad? Please let us know so that I can move this post to the correct forum. Thanks!

Getting married on the second visit, with the first while he was still married, may lead to scrutiny of the relationship being bona fide. I recommend at least one more visit to spend time together after the marriage trip before filing the I-130. Then visit a few more times, as often as you can, while waiting for the I-130 petition to be adjudicated (could be a year or more), and submit evidence of those trips (passport stamps, original boarding passes, hotel receipts, a few photos together), at the NVC stage (side-loading). Also look into some financial co-mingling evidence to submit with the I-130 or NVC stage such as listing your husband as a beneficiary on your US health insurance, bank accounts, life insurance, retirement accounts, and as an authorized user on a US credit card account. Good luck!

It's legal if there was no intent to do so upon entry to the US. Be aware of the long wait for work and travel authorization once you are married, have a marriage certificate in hand, and a proper adjustment of status package is filed with all required forms and documentation. Those who stay and adjust status face many, many months of not being able to leave the US and not able to work, so think it through carefully before making a decision.

It looks like they are doing some background checks or something similar before the interview. Not normal but it can happen so be patient and hopefully the interview notice will be sent to you soon. Good luck!