Redro

You complete I130 and I130a for your wife and I130 for your stepson.

Your question is: will the K1 be denied because of the prior K1 my partner had? Answer: Most likely not but no one can tell you YES or NO either way because we are not the CO adjudicating the case. The side note is: if it is denied you’ll have to go with the spousal. so, if you’re worried about denial GET MARRIED and then you got some extra (unwanted) advice on why spousal is better. It seems like you’ve already made up your mind and are going with K1 even if you’re told this second K1 would be denied 100% so not sure why you asked the question. Anyway, I’ve said all I can and don’t feel I can contribute further. I truly wish you good luck, a speedy process with no issues and a seamless transition to the US. And SA is amazing I’m sad you have no desire to move to my country.

To vote (as an answer) is a little too simple… work with your wife on the why… why does she want to vote? If she had given a more full answer first time the follow up question most likely wouldn’t have been asked… this is why going to citizenship classes will be advantageous.it will help her with giving and practicing great answers.

Right… love will win in the end BUT - you’re worried about the K1 being denied and if it is… you’ll have no choice but to go with the spousal. Which will add time to the ability for him to come over. Seems like you’re confident that is no longer a concern. So, you are clearly doing what you believe is best for your relationship. i hear YOUR feelings and YOUR voice in all of this though not your partner- the beneficiary- so just confirm that he is okay with the possibility of not working for a year. I’m being sincere in saying that because he is the one that has gone through the K1 before. So, just make sure the reasons he went back to SA was purely relationship reasons and not because of the process… and also make sure when he goes to the interview he reiterates that he is serious about marriage because he wrote a statement promising the US government he was going to get married when he entered the US but he didn’t.. so why should they believe that he will get married this time? Again- I think you’ll be fine. But if you’re worried about the K1 being denied. Going with the spousal visa first time is the quickest way to get him to the States because you’re showing your partner is serious about being with you… I found work after 2 weeks of being in the country… 🤷

Some people believe love is more powerful than $3000 AOS and the possibility of 1 year of beneficiary not working… I think our warnings fall on deaf ears. And the fact that some people are getting a GC 3 months after filing make K1 applicants believe they will be as lucky. As someone who thought I’d get my I130 approved in 3 months because I personally knew 2 people who had that luck… I know how hope changes your risk assessment… We had to wait 13 months before moving to the US instead of the 6 months we expected. To be honest my husband still jokes about how annoyed I was not being able to get a drivers license my first 2 weeks and how I was complaining about not having a job after 1… (I got one after 3 weeks)… Either way we discussed the pros and cons of K1 vs CR1 and my husband knew me well enough to know how important it was for me to have some semblance of independence after moving to a brand new country.

short answer: you aren’t allowed to work until you marry, apply for AOS and EAD and receive your EAD. so, you cannot work as soon as you arrive to the US. Long answer: You are not allowed to work any jobs including remote jobs/ jobs based in another country. Additionally, the job you are working now would have to go through a process to be compliant working with someone based in the US (and pay your U.S. taxes and other costs) or you would have to be working as a contractor and pay taxes on the income you earned yourself.But you have to be authorized to work in the US. So, you will be sitting around the home waiting for the EAD Or green card before you can work. hopefully it will only be 3 months or so but be prepared to wait up to a year.

Sounds like she does have some English skills… she passed two tests! That means she was able to answer 12 questions she practiced correctly! Tell her she just needs to practice the N400 questions and she will be golden. Your wife should be proud of herself. She was able to study for the N400 she just didn’t realize she needed a little more preparation. But now she knows she should be golden.

That is excellent news! Thank you so much for the update.

Thought you meant PayPal PayPal not the savings account with routing number. Hopefully it works, please report back. if it doesn’t work the first time or one of the transactions try one more time, I know I had issues the first time I tried to pay with my BOA account.

It was a follow up question: why does she want to vote: Potential answers (that don’t require full sentences) Choose my leaders choose the president have my voice heard choose propositions politics is important and POLITICAL PARTICIPATION or Participate in politics

Son and wife’s medical will most likely expire around the same time. maybe keep on with the IR2 interview so you don’t have to deal with rescheduling two interviews… then once wife obtains her visa they can move to the US. Moving is no big deal. Then when wife goes to interview she can update the address to send the GC to… and when they enter the US they will confirm where they want the GCs mailed…

If I recall correctly you need to use a U.S. bank account to pay NVC fees. 2 years ago that was the only payment method. Do you have a U.S. bank account?

Get added to the lease. Especially if you are still living there.

You need to add updated evidence ANY evidence you haven’t already submitted. include an explanation on why you haven’t been living together. (Add evidence). And your plans to reunite. Additionally, weigh up the options 1. is GC more important than taking care of your mother 2. If the case is denied while you are out of the country are you okay consular processing 3. if called for an interview can you return in time You must reply to the RFE though… otherwise your case will be denied.

Many people from 3rd countries interviewing in Montreal encounter the DS5535 which significantly increases the waiting time. In your case, I would highly recommend the spousal visa over K1 but of course it is your decision.

True but @KateriandKurt1 seems very much wanting to do the K1 over spousal visa because she wants her partner over asap. She is worried the K1 will be denied because of previous K1 issued. It most likely won’t be denied. So K1 is quicker. Issue is: if K1 is denied they will have to go with the spousal visa (which doesn’t require living together .) literally just marry and then file with similar evidence to K1. This will add time to the process. But, OP needs to make her own decision. I do recommend chatting to her partner though because while K1 might be quicker. It can be more stressful and the relationship can fall apart- as her partner experienced 8 years ago…

Just double check with him on the reasons why he found living in the US so challenging. If it was about his partner not being present enough because of work, not being able to navigate the city/town he lived in because of DL issues, being stuck at home with no money. Then spousal is the way to go because he will encounter the same issues with you. But, honestly speaking- I would go the K1 route because getting married in SA is a pain. I would try to get in at least one more visit though because quicker doesn’t mean “quick” and it could still be a year and some change before he is able to move to the US. Don’t compare his first process with his second process. it was 8 years ago… If you’re banking on things being as quick as it was.. temper your expectations. Prepare for the worst… And follow SA k1 visa timelines here.

I see he is going to interview in South Africa. If speed is one of your priorities know that getting a medical at one of the only two centers that conduct exams is a big pain. So (with spousal or with K1) it might add a month or two to the process… this is because sometimes the medicals aren’t sent to the consulate until after the interview happens. Also, check how easy it is to make an appointment with the K1 with SA… Good Luck!

Is there a reason why you are going with the K1 vs CR1 visa? CR1 would indicate he is more serious about the process this time around… Has your partner visited the US or traveled around the world since the last K1. It probably won’t be a big deal though to be honest. As long as you disclose the previous petition on the form.

Your wife needs to practice answer the questions on the N400. Many applicants with limited skills believe they only have to know 6/10 questions and then it’s a done deal. But, applicants with limited English ability often get tripped up by the “unpracticed” questions. Have her sign up for citizenship classes (like others have suggested) or listen to example questions on YouTube. Then also have her practice giving out her phone number… I think this is the second account this year I’ve heard of someone not passing their citizenship test because they didn’t know their phone number… ETA: Also Work on follow up questions with her… I think that’s where many people get tripped up. Going through the form is a de facto English test but you still need to be able to answer the questions accurately

It will be quicker if you interview in a country that is not Nigeria... Otherwise you are looking at about 2-3 years after you file.

@JKLSemicolon has a good point about I407. You just have to think about the timing and your status in Vietnam and where the interview will take place. Go to the interview too early in Vietnam and you might receive a 221g about your husband’s intent to return to the US (if he is still working in Vietnam). Leave it too late and you might not be able to stay in Vietnam if your visa there is dependent on your husband’s authorized stay in Vietnam… and again if your husband doesn’t return to the US before you, that might also cause issues. You might have to change the interview venue to Singapore. Additionally, you might need to obtain a joint sponsor if your husband isn’t earning any money in the US… (income from Vietnam doesn’t count)… Comparing costs of ROC vs abandoning GC. I131 reentry permit costs $630 (you might have to apply for it 3 times depending on the validity of the reentry permit) Before ROC $630 AFTER ROC is filed $630 Filing ROC- $750 Then of course the cost of filing to the US twice a year… Filing i407 $0 new I130 $625 DS260 $325 I864 $120 Green card $220 Optional B1/B2 application $185 im sure you’re realizing deciding to move to Vietnam for a few years isn’t as simple as you thought it was… I tried to find some success stories on VJ of filing ROC and I131 at the same time but people asked the question and never came back to update the forum. So, if you do manage to work it out please come back and tell us what you did…

That’s good to know! So @dusty_jewels might not have any issues traveling to and from Vietnam for the next two years? As long as they come back every 6 months or so?

I believe you get pulled into secondary whenever you enter on the extension letter. I would just be honest about your situation (husband has an assignment for 2 years in Vietnam.) Then of course every other trip you’ll be coming back with your husband so that might make entry smoother? I did some extra googling and see that USCIS does tell ROC applicants to apply for I131 if they think they will be outside the country for more than 6 months/ a year… so I suppose you could apply for I131 just as added security… it sounds like a stressful situation to be in… You could also file the I407 and then re-apply for a GC when you decide to return to the US… but a 2 year timeline would most likely mean you need to submit a new I130 petition as soon as you arrive in Vietnam… is your husband sure it will only be 2 years or could it be extended?

Read this entire thread: similar situation. No questions asked after long absence. And it was not a son it was a daughter…