carmel34

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.

More time together in person, documented with passport stamps, original boarding passes, hotel receipts, a few photos will help. The more visits to see you the better as this is a difficult consulate for K-1s. The other important thing is that the US citizen needs to be asking the questions, as he will be the one to file the I-129F petition, not you. If you are doing this process without the help of an immigration attorney, your US boyfriend should become very familiar with the process and the challenging road ahead.

Please explain what you mean when you said you can't stay in the US. You're a US citizen, correct? And you have a job and residence in the US? This doesn't make sense to me.

Your first priority should be to get a very experienced divorce attorney and file the divorce petition ASAP. She could use the I-864 that you signed in the divorce process, to not only get half of your assets and burden you with half of her debt, but also to get monthly alimony from you, maybe for years. Forget about ICE/USCIS, and use your time/money to divorce her and to minimize your financial losses.

Hopefully he's not working illegally before getting work authorization. Sounds like the AOS interview may be a difficult one if you get that far in the process and don't get a divorce. Are you the sole financial sponsor, or do you have a joint sponsor? If you have a joint sponsor, they are obligated to help you financially. From the sounds of it, your income alone is not enough. This post and thread is another very good example why a spousal visa is a so much better path. I can't imagine what my husband would have done if we had chosen the K-1 route, not being able to work or drive for so many months. I hope you can figure out how to best navigate your challenges, and move forward in a positive way, whatever you choose to do.

All they do is either approve or deny expedite requests. They don't have to give a reason for the denial. I agree with the other responses, they clearly denied your request to expedite based on the evidence you submitted.

Check your state's requirements for a driver's license. Most require EAD or green card so your plan may not work.

For Morocco, evidence of time spent together in person is best. You should submit the I-130 petition with what you listed, and then in the months while it is being processed, make as many trips to Morocco or a third country as you can so that you can be together in person more before the visa interview. Save all documents as additional evidence (passport stamps, original boarding passes, hotel receipts, a few photos). Upload this at the NVC stage. Some couples going through the consulate in Morocco also upload evidence showing continuous communication (emails, text messages, phone/video calls, chat records). Casablanca is known to scrutinize relationships very carefully because of high fraud levels.

If the child's CRBA was denied, an I-130 petition needs to be filed by the US citizen parent, and after the petition is approved, a visa application, and consular processing will follow. This will take 1-2 years. You can delay your case at NVC indefinitely, make sure to contact them at least once a year to keep your case active. When the child's case is at NVC, you can move forward both to the visa application stage together.

Submit more documents as requested. They have doubts about your relationship for some reason so send whatever you can, to show time spent together in person, boarding passes, passport stamps, hotel receipts, a few photos, even records showing emails, text messages, and video calls between the two of you from the beginning of your relationship. What did you submit with the original petition? What documents did you take to the K-1 interview? How long have you been in the relationship? Age difference?

File a new I-485 tomorrow, before the six months is up, while she is still in legal status. She will be in a period of "authorized stay" while the new I-485 is pending. If she leaves on August 18 or before, she will have to go through consular processing for an immigrant visa.

What are your plans for her two daughters? Are you planning for them to immigrate to the USA with her, or will they stay in Cambodia? I could not see any questions or your responses to this, and the issue is relevant to the process. They will need their own I-130 petitions after you get married via Utah Zoom, as your step children.

Does she plan to go back after getting married? If her intent is to stay after marriage and file for adjustment of status, that is visa fraud since B2s are for visiting only. This could be the reason for the revocation and if so, it may not be possible to overcome during the interview if she is completely honest, which is always the best. She should never lie to or mislead a consular officer. You should prepare with a backup plan to get married outside the US if her B2 visa is not approved/reinstated and then file for a proper immigration visa for her as your spouse (CR-1, file an I-130, takes 1-2 years).

Your son may have to travel to the USA on his own, so be prepared for that possibility. I assume that he has his own visa (F-1), or other status to enter the US without you, correct?

Here's a related thread with some informative links:

She should be prepared to answer the question, "How are you able to stay in the US for six months if you have strong ties to your home country?" Does she have a job in her home country that she has to go back to, and if so, how is she able to stop working for six months? Does she own property and have other obligations in her home country? A six month proposed stay will raise red flags. Most people can only get a few weeks off work to visit the US temporarily on a B2 visa. I agree with others that she is more likely to be admitted on a short visit of 3-4 weeks max.