carmel34

Any US visa is not guaranteed until it is approved and received in the applicant's passport, there are just too many unknown variables in your case to be 99% sure at any stage of the process before then. Based on your post, chances are very good that a spousal visa would eventually be approved, because you have been married and living together for seven years, so you will have plenty of evidence that the marriage is bona fide. You may be able to successfully show intent to re-establish US domicile without buying a condo. I would suggest sending communications with a real estate agent, properties being considered, etc.

Contact the US embassy in your country of residence and request DCF for exceptional circumstances (your job offer in the US and relocation). It is up to them to decide if they will allow DCF in your case, it is possible at any US embassy/consulate, but is at their discretion. Even if they allow DCF, it is unlikely to be processed by January, that is only a few weeks away, and DCF typically takes a few months. Is there any way you can delay your start date in the US? If they deny the DCF, you will have to go through normal consular processing (1-2 years). Entering the US with a tourist B2 visa with the intention of staying and adjusting status is visa fraud. Don't even think about it as it could cause big problems.

All entries to the US on ESTA are at the discretion of CBP. You should be ok for a short tourism trip based on the limited information you have shared. The person on ESTA should take evidence of property owned, leased, job, legal status, etc. in your country of residence if he is asked for it. Always be completely honest when questioned. Ultimately CBP will decide.

Best option if you want to see each other, is for you to travel to her, either Germany or Brazil, wherever she lives, or any country. From what you have shared, it will be very difficult for her to get a B2 visa to visit you in the US. Did she disclose on her previous applications that the purpose of her visit would be to see her significant other in the US?

This is your best path forward. Check if this lawyer has experience with US immigration and waivers for CIMT.

https://www.irs.gov/forms-pubs/about-form-w-7

Cases are all unique, so it is difficult to compare, but you can go to the Canada portal here on VJ, and see timelines for members who have shared their dates. You can search by K-1 visa and also for Canada. There are some recent cases that have been in the 7-9 month range from filing the petition to K-1 visa interview. Last year it appears to have been much longer, 12-18 months. So plan for the worst, hope for the best. Montreal is also known to randomly give a dreaded DS-5535 form at the interview, which can slow down approval by many months, check out this thread:

A Utah Zoom marriage and then file an I-130 petition, first step for a CR-1 spousal visa, is the best option for you in my opinion. Our case went through the Rio consulate. Utah Zoom marriage wasn't a thing back in 2018, so we got married in Brazil, which was a very big hassle with my US civil documents having to be apostilled then translated into Portuguese by a certified Brazilian translator (very expensive per page rate), and then an application for marriage with all of the documents submitted, followed by a waiting period of 30 days for public notices before the marriage could be performed. We chose CR-1 because my spouse wanted to be able to work and get a driver's license the day he arrived in the USA, and the total processing time for K-1 vs CR-1 wasn't much less.

She has a B2 visa, so she can enter the US for short visits, subject to CBP approval of course. If she is completely honest about the purpose of her visit, she should be fine, if the visits are not too long and not too frequent. She should carry evidence of her strong ties to Canada--job, property owned, etc. with her if they ask any questions about that. She may have to convince the officer that she will leave the US before the authorized stay expires.

My suggestions: 1. You have to meet in person at least once in the previous two years to start the K-1 process, which is an I-129F petition. Long distance, virtual relationships with online chatting are insufficient. Meeting in person multiple times, getting to know each other, is also common sense before moving forward with any relationship. You don't want to be a victim of a scam. 2. Processing time varies for K-1, from filing the I-129F petition to the K-1 visa interview. Montreal has a very long backlog, so plan on 1-2 years. 3. If his student visa status in Canada expires before the K-1 interview, he will have to go back to his home country for the interview. 4. He should not overstay his student visa in Canada. 5. Do more research on K-1 vs CR-1 (spousal visa). CR-1 has many advantages. If you choose CR-1, you could travel to Canada to meet in person, and after a few visits, get married in Canada, then begin the spousal visa process, with an I-130 petition. If he has to go back to his home country before the visa interview, he can do the interview there. 6. VJ is a DIY resource, and immigration attorneys are not normally needed unless there are complicating factors such as a previous criminal history, misrepresentation, deportation orders, etc. If your case is straightforward, you can do it yourself. 7. There are very useful guides for both K-1 and CR-1 options here on VJ. I suggest that you study them thoroughly before doing anything else. 8. You will have plenty of time to establish your own income as the primary financial sponsor, because those documents are not needed until after the petition has been adjudicated and approved (6-12 months). If your income at that point is not enough, you will need a qualified joint financial sponsor. Good luck!

Yes, that is what I would do. COs prefer regular income vs. assets.

You can't do anything about her legal status in the US. She can file for citizenship on her own when she is eligible, five years after becoming a LPR. You're divorced, nothing more to do. Nothing in your posts say anything about fraud on her part, the marriage was bona fide at the time she got her green card through you. Good luck moving on with your life.

Cheapest solution is for him to get a different job that includes health insurance benefits. Even catastrophic health insurance via the marketplace with very high deductibles and co-pays (if he is younger than 30) is expensive, $350+ per month in most states. He may qualify for subsidies with Obamacare so check into that if your household income is low enough.

Surely you have more documents showing that you lived together in the same house for five years--utility bills, driver's licenses, health insurance, car insurance, warehouse memberships, tax return transcripts (married filing jointly), mutual beneficiaries on retirement/investment/bank accounts, anything. You could also submit each spouse's separate bank statements for five years, with the same residential address and showing who pays for household bills and living expenses. Include a letter explaining your separate financial situation and as much documentation as you can get your hands on to show that your marriage is bona fide.

All USCIS decisions are discretionary, i.e., they make a judgment based on the evidence submitted and the totality of the circumstances. From what you have described, you should be okay. If you get denied, you can re-file a new I-751.

If they bring you back in for a second interview, or deny your N-400 and you re-apply, you will need more than videos and photos to overcome their concerns that your marriage was not real, just for a green card. You said you were an LPR for one year before you divorced, so you should have joint bank account statements, documents showing joint ownership of property, joint lease or home mortgage/deed, utility bills showing the same address, joint health insurance, etc. from that one year period. Videos and photos won't be enough if they doubt the legitimacy of your marriage and ask you for more evidence. Good luck!

It's a very long process. My advice is that you go and visit your wife as often as you can while waiting, and save documentation to show time spent together, in person. This evidence will strengthen your case when it finally gets to the interview at the consulate. Her chances of getting a B2 visa to visit you are slim.

To fly to Mexico or Canada, OP will need a tourist visa for one or the other in the Moroccan passport in order to board the plane. I agree that this would be the best option to successfully return to the USA as soon as possible.

I strongly recommend getting married somewhere and filing an I-130 petition for a CR-1 spousal visa. You are correct, the processing time is similar and it is a far superior visa, with the beneficiary able to work, get a driver's license, and function as a normal US legal resident immediately on arrival. All you have to do is list the previous I-129F on the petition.

Good move. Stay away from him to be safe while you file for divorce and focus on your own well-being. With the support of your parents and others, you will be okay, you sound like a very strong person despite the pain you're going through. He will face consequences for his own illegal actions, you are not responsible in any way. I'm so sorry that this happened to you. Wishing you and your soon-to-be-born baby much health and happiness.

Not sure how you could "unknowingly" get a Medicaid card. You would have had to complete an application. Each state has its own rules to qualify for Medicaid, here's one source that might help: http://health.wnylc.com/health/entry/33/ Looks like J-1 visa holders qualify, but only for emergency coverage before 2016, and full coverage after that. Regardless, since you never used Medicaid, I would advise you to answer "no" to both questions.

It's a simple formula of success/failure for high fraud countries with a big age gap, before filing any petition for a spouse or fiancé(e). More time together, in person, over multiple visits to see each other, equals a greater likelihood of approval. Little time together in person, over few visits, equals less likelihood of approval. We see this pattern play out time and time again here on VJ. My husband and I have a large age difference, and our courtship/marriage was relatively short. We got married on my fourth trip to Brazil, and met on five more trips after marriage, before his visa interview. He is now a US citizen.

Do you have legal custody of the child? I assume not from your post and replies. Legal custody will help your case, plus a sworn, notarized statement by the child's mother that she will allow the child to immigrate to the US without her. A good family law attorney in your home country plus a good immigration attorney in the US will be needed to successfully navigate this. Hopefully you have a good job to pay for all this and to financially sponsor the child.

Don't assume anything. Some have hoped for a combo interview and then were disappointed when the case file for the I-751 was not there at the USCIS local office, so the N-400 could not be approved after the interview. She should write a letter to the field office where the naturalization interview will be, requesting a combo interview with the pending I-751, include copies of the extension letter so that they can match the two case files.

This is a divorce question only since her legal presence in the US will end when he stops, withdraws, or does not even begin the adjustment of status process. She should find an experienced family law attorney, who will know how to make her husband pay all legal fees, assuming from your post that she does not have any money of her own. She is married, so all of their cash and debts since marriage (including money owed to attorneys going forward) are shared marital assets and debts. In most states, he will have to pay her legal expenses and a good attorney will have experience with this. If the husband is smart, he will try to minimize legal expenses for himself and his wife by negotiating a settlement with her and her attorney, an agreement that specifies he will pay for the divorce and legal representation for both parties, with some money for her and a return flight home.