carmel34

It's nearly impossible to get an "urgent travel" appointment with a passport agency right now. A few weeks ago, after getting the oath ceremony notice, my husband called the passport agency number hundreds of times over a three day period and could not get through. He finally gave up and set a regular appointment online for the closest post office. Even with the expedite fee it will take 3-4 months to get his first US passport, so he's stuck in the US until then, sort of a "new US citizen, but unable to leave limbo" that is a big problem if something urgent comes up. If his grandmother passes away in the next three months, which is very possible, he will not be able to go to the funeral in Brazil. There is a life or death emergency option, to get a passport in 3 days, but that also requires making an appointment with a passport agency, and the phone lines are just not able to handle the volume. The demand is crazy and their current system is not capable of dealing with it. All the DOS says is something like "unexpectedly high post-COVID demand for travel and passports."

Sorry, I missed the post from February about relinquishing the green card and filing an I-407, but I did not see where OP said that the I-130 was filed with USCIS, so DCF is not an option, my bad. @NicolòVito, without a qualified joint sponsor or sufficient liquid assets in US dollars, your best path forward is for your USC wife to return to the US after the I-130 petition has been approved, a few months before your visa interview, and get a job sufficient to sponsor you plus establish US domicile. A few months living apart will likely be necessary if you want to immigrate to the US again. Good luck!

I've done DCF successfully with proof of future US-based (job offer) income for the I-864. Maybe that's what happened in 2019 for OP, both spouses could have had evidence of US job offers and that was sufficient for the officer. OP, @NicolòVito when did you leave the US after entering in 2019? If it was a 10-year green card it could still be valid. If so, you may be able to get on the next flight to the US. Where was the most recent I-130 submitted (to the Naples Consulate or to USCIS), when was it submitted, and has it been approved? More information would be helpful to give you the best advice.

NVC will know because when they receive the I-824 after it is processed by USCIS, the physical address filled in for part 1 (if applicant/beneficiary completes and submits the I-824) or in part 3 (if petitioner completes and submits the I-824) will be in Australia. 1.d. is the correct box to check.

Yes, complete the I-824 is your next step, $465 and about a year for the approved petition to go to NVC. Good luck! https://www.uscis.gov/i-824

Congrats on the oath ceremony! You're almost done.... The challenge with the urgent passport option is that even with a flight ticket for travel within 14 days of your application date, you will need an appointment at a passport agency. With the huge demand for passports right now, it is very difficult to get an appointment. It's very easy to book a flight ticket to qualify and then change it later if needed, so many people are trying the urgent route and plugging up the phones. My husband had his oath ceremony a month ago and when he got his appointment notice, he tried to schedule an urgent passport interview, but gave up after a few days of endless calling and settled for a regular appointment at a local post office two weeks after his oath ceremony and made the appointment online. He paid extra for the "expedited" option which is taking three months right now. https://travel.state.gov/content/travel/en/passports/get-fast.html https://travel.state.gov/content/travel/en/passports/get-fast/passport-agencies.html

I strongly suggest that you spend more time together. She should visit you a few more times, either before filing the I-130 petition, or after, before the NVC stage. Marrying in Tunisia on the second visit may not be enough time in person to successfully get a visa.

This varies based on state law. A standard driver's license will have to suffice for now in NJ until you get a 10-year green card or US citizenship. You can board flights with your country of origin passport until then.

From the DV FAQs: The Department of State uses sophisticated technology to detect multiple entries.  Individuals with more than one entry will be ineligible for a DV.  Based on this statement, you can rest assured that the technology used by the DOS looks at much more than just the photo submitted with the DV application, including your full name, mailing address, email address, date of birth, place of birth, names of spouse, children, etc., all very unique and confidential information that only you as the applicant should know. The DOS receives millions of applications each year for a very small number of "winners" selected randomly. There are always scammers but those would be detected if selected, at the visa interview. Good luck! https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fraud.html

The same thing happened to my husband, and we didn't want to take a chance that USCIS would not connect the N-400 with the pending I-751, as sometimes they do, sometimes they don't. When they don't, at the N-400, they will say they can't approve it without receiving the I-751 file first. So to avoid this potential problem, my husband wrote a letter to the USCIS field office (address on the N-400 interview notice), and requested a combo interview. The letter included a copy of the N-400 interview notice and his pending I-751 receipt number and 48-month extension letter. A week after sending the letter, he received another interview notice for the I-751, same day and time as the N-400 interview, requesting that he bring me as his spouse and evidence of our marriage relationship since filing the I-751 (two years before). Everything went well; we were questioned together for the I-751, then I was asked to leave and the officer proceeded with my husband's N-400 interview. Now he's waiting for his US passport. Good luck! You're almost done with the crazy world of USCIS!

Yes, he will need the green card first. If you are currently waiting for the K-1 and are estimating his arrival on that visa for mid-2024, he may not have a green card until mid-2025 or later. Adjustment of status from K-1 until green card is taking a very long time so plan on that and be flexible, the timing is very unpredictable but there are estimates out there, so do more research. Your plan for him to return to Brazil so quickly after entering on a K-1 will not work. Good luck!

An F-1 visa is for studying temporarily in the US, then returning to the home country after completing the degree. Those who get F-1 approvals have the financial means to pay for everything and strong ties to their home countries. They also have been accepted to a US college or university. If she is hoping to stay in the US, and can't afford the (very high) tuition/fees charged to international students without financial help from her brother in the US, of course these will all be considered red flags by the interviewing officer, as they are all evidence of stronger ties to the US than Peru. From what you have described, she is trying to use a non-immigrant visa to live with her brother in the US permanently, to avoid the very, very long wait times for a sibling immigrant visa. She can apply for an F-1, but based on the circumstances you have described, the probability of approval is quite low. Has her brother filed an I-130 petition on her behalf? What about her parents, are they in the US or Peru?

DCF is the best path for your situation if the consulate accepts the file. You will need a written job offer in the US, then submit the request to the Bern embassy to request DCF filing. It is the fastest way, typically a few months. If Bern does not accept your case, then look at your other options. A work visa for your wife usually requires sponsorship by a US employer, so try that if the DCF request is not accepted. I-130 online to USCIS would be the third option if the first two do not work out. Good luck!

If your I-751 file was recently sent to the USCIS field office, you should be receiving soon a written notice for the I-751 interview, most likely the same day and time as the N-400 interview. That I-751 interview notice will most likely state that your spouse has to attend the interview. If you are not living together, is that going to be possible? EDIT: I saw that you will be bringing your attorney and USC husband. Hopefully the interview will go well.

If the I-824 is filed now, plan on about a year after submission for the I-130 to get from USCIS to NVC, then an additional 2 months for processing, and then add a waiting period after that for the visa interview at the consulate to be scheduled. If it is India, it could take many months. You should plan on about 2 years after the I-824 is filed until your father's visa interview, more or less, so he could be in the US by around August of 2025 if all goes well. Your mother can contact NVC to hold her file there until your father's catches up, if they want to immigrate together. She should not complete the DS-260, upload any documents, or pay any fees until her husband's file is at the same stage. Good luck!

File the I-751 package ASAP. He should wait to travel to Europe until after receiving the 48-month extension letter, which typically takes a few weeks after filing to arrive. He should be fine if you are planning to travel in October.

Age difference alone will not be a reason for denial. Each situation is different and unique, and officers are supposed to use their best judgment and apply immigration laws and field manuals fairly, without discrimination. I have seen cases here on VJ, both K-1 and CR-1, where a big age gap could have been one of many factors that led to a denial (you can search for "age gap" here on VJ to read some of those posts and experiences), but in those situations, there were other issues/problems such as very little time spent together in person, very fast timelines for engagement or marriage, recent divorce, previous relationship with the beneficiary prior to divorce, high-fraud country for the beneficiary, fraudulent documents, misrepresentation on past visa applications, cultural differences, etc. Age gaps can cause some officers to look closer at a file, especially if there are other complicating factors, but in the end, if you meet all the requirements and file a solid application with lots of supporting documentation, you have as much chance for approval as anybody. Good luck!

All you can do is report his behavior to USCIS. They will review the facts and make a decision whether to investigate or not. Documentation of the fraudulent behavior will be necessary, not just your claims: https://www.uscis.gov/report-fraud/uscis-tip-form You can also try to file VAWA from outside the US if you qualify: https://www.uscis.gov/humanitarian/abused-spouses-children-and-parents Note that to qualify, you need to have resided with your husband in the USA for an undefined period of time. You can apply and see if your visits to stay with him are sufficient. You will also need documentation to show that "extreme cruelty" occurred in the US while you were visiting/living together. His narcissism alone may not be enough, but the reviewing officers will make the decision based on their judgment and interpretation of the law. So sorry this has happened to you, and best of luck!

Here's a news release about a man from Ethiopia who lied on his path to US citizenship many years ago. The law finally caught up with him here in Atlanta. https://www.justice.gov/opa/pr/man-convicted-fraudulently-obtaining-us-citizenship

Congrats! Your patience, perseverance, and knowledge paid off.

Looks like this is not the reason for the denial as it is legal to marry a second cousin in the US if that is in fact true and there is no misrepresentation. Many K-1s are denied in Morocco because of suspicion of fraud and cases are closely scrutinized. How much time, in person, have they been together in the last two years? Was this an arranged relationship? Does the beneficiary have family members already in the US (siblings)? Did they have an "engagement ceremony?" Too many unanswered questions to know what's really going on. Maybe the evidence of meeting at least once was not convincing enough, it's hard to say, but in general, officers suspect the relationship is only for the beneficiary to get to the US. This assumption has to be overcome with stronger evidence than for other consulates. Best path forward is to get married, spend much more time together in person, document everything, and file an I-130 for a CR-1 visa. (See @Jeanne Adil for the best example of success here on VJ). It could be a long journey and the petitioner may have to move to Morocco if they really want to be together. Good luck.

Canada Border Services Agency (CBSA) has similar rules as the US, you can visit Canada for up to six months if admitted with your US passport, no need for a visa. However, if you visit too often and/or stay for many months on each visit, the officers have discretion to refuse entry. Visiting Canada on a US passport is not for living in Canada. In theory, you could visit your wife for 5 months in Canada, spend a month apart, then she could visit you in the US for 5 months, go back, then a month later you visit her again for 5 months, etc. Under this hypothetical example you would both be spending more time (7 months) in your home country than the visits to see each other (5 months). However, each entry, to Canada for you or to the US for your wife, is up to the officer and their opinion regarding the data on your border crossings they will bring up when they scan your passport. Back in the day, Canadian officers were more lenient in making these judgments than their counterparts in the US, however, since 9/11, those on the Canadian side have tightened things up significantly and sometimes are very strict. Good luck with your journey!

The safest option, if OP wants to eventually file an N-400, would be to file a new I-751, with a divorce waiver (including the divorce decree), and a letter fully explaining the circumstances and reasons for filing again, written by a very experienced immigration lawyer. Coming clean to USCIS with a full, honest disclosure of what happened, usually works best. Yes, there is a risk that USCIS could deny the new I-751 for misrepresentation, but a proactive confession, and taking steps to correct the error, might work. Option 2 would be to remain an LPR and never file an N-400. The third option, with the biggest risk of backfiring, is to go ahead and file an N-400 with a wrongly approved I-751 on file.

I added my husband to my work health insurance with a copy of our marriage certificate, using the name on the certificate, which also included his date of birth. He was still living in Brazil at the time, waiting for the spousal visa process to play out, so HR just entered zeros for his SSN, no problem at all.

The potential problem that you could face in the N-400 process and interview is that the I-751 was filed in Sept. 2020 on the basis of your marriage to a USC, then your husband filed for divorce in Nov. 2021, decree received March 2022, and and the I-751 was approved without an interview in June of 2022, three months after you were divorced. The problem you will likely face if you file an N-400 is that they will look at your entire immigration file/history, see your timeline, and realize that you should have informed USCIS about the divorce, and switched the I-751 to a divorce waiver in Nov. of 2021, or at least in March 2022. I suggest that you get a second, expert opinion from a more experienced immigration attorney to help you understand clearly the risks involved in filing an N-400, maybe call Jim Hacking's live call-in show.