Redro

Mom will have to show proof of name change with marriage certificate from the third marriage. Did she use her second husband’s name? I believe when you complete the DS260 you have to show all names used AND proof of name change. Mom might receive an RFE for proof of termination of all marriages at the NVC stage. I don’t think your mother will be able to move to the US until she sorts out the second and third marriage.

So, your stepfather does not want to visit the US or live in the US? He will stay in the Philippines? Is your mother happy with this arrangement?

Does she want her husband to move to the US eventually?

So you don’t have to worry about the records for DS260. These records only matter if you file the I129F for K3. Im sure you’re aware you need to file the I130/I130a BEFORE you mail in the I129F because you need to include I130 receipt. Personally, I’ve not seen a lot of successful K3s pushing the I130 to approval… and the most successful ones have been when the I130 was at Potomac AND the I129F was filed after a month…. But, the K3 hack doesn’t always work. So, if filing the petition is being delayed because you don’t have the documentation for I129F I personally wouldn’t delay any longer. ETA good luck I wish you a speedy approval.

How did you become US citizens? Did you both arrive on k1 or immigrant visas OR did you adjust from B1/B2?

Are the records for the USC or the beneficiary? And when was the I130/I130a submitted?

Where are you right now? In the US or overseas? Did you submit the I130 and I130a online and only those documents or did you submit additional forms? ETA: where did you say you were going to interview in the US or in another country?

How did you and your sister get to the US? Are either of you US citizens yet?

Am I understanding correctly that you haven’t seen your husband/considered yourself married for the last 2 years? Or you don’t have proof from 2 years ago but you have documentation for 2022/2023?

It is before taxes are due… you should be okay. but, if you’ve done your 2023 taxes you can send the transcript to your wife in case the interviewer requests updated taxes.

That is excellent proof! Moving to SC and the trips with photos can work as evidence. Do you have receipts of booking hotels or restaurants or events you went to together? e.g My husband and I go to concerts together so we have receipts of those events with corresponding photos. Does your husband by any chance have saved text messages from 2 years ago or saved communication outlining your plans? But, I agree with others that you should file for divorce ASAP and amend the filing to a waiver. I know this must seem overwhelming, you were doing what you believed was best for yourself and your marriage but USCIS has a very black and white/traditional view of marriage so you have to show good reason why you were not living together and all attempts made to reconcile. Otherwise USCIS will assume you only stayed with your husband for the green card.

Give them all evidence of you working on your marriage. They are thinking you and your husband only stayed married so you could obtain an immigration benefit (10 year GC and eventually citizenship). If health insurance and life insurance were in your name- and your husband was not working at the time- it could be viewed as part of the agreement- you pay for his health insurance in exchange for the 10 year GC. Do you have additional proof from the previous 921 days of your continuing relationship? e.g scheduled visits, vacations together, therapy sessions, communications about where you will live together once he figured out his mental health, communication about long term plans to reunite? I would include all communication and proof of your marriage- right now you write about your husband like he is just a friend- someone you married to give health insurance while they gave you a GC. You need to show proof the marriage was real and not that you married him just for a ticket to the US. ETA: Affidavits from friends are not the strongest evidence. You need solid documentation and third party letters from people who are not friends and family- as @Timona mentioned before- affidavits are weak evidence.

Are you adjusting status or are you going through the consulate? The consulate is more forgiving with past income and present income but generally USCIS is more strict. If going through consulate you should be fine. If adjusting status, I would prepare for an RFE for joint sponsor.

Which country is your daughter from? When did you file the I130?

Additional proof of marriage… as that’s what it is… correct?

Send proof of physical presence: Boarding passes to the the UK,hotel stays, tickets to events you went to together, photos with family and friends. The I130 bonafide marriage list is more geared towards people adjusting status and in the US together (or living together in a foreign country). Google “bonafide marriage” “cr1” and “visajourney” for more ideas but with proof of meeting, the certificate and the letters from friends you should be good. USCIS doesn’t expect the same level of proof from a new marriage where the couple had never lived together in the same country. you are filing the petition to give you that opportunity.

What do you have to submit and what stage are you at/ how old is your relationship and how old is your marriage? Do you live in the same country or will the beneficiary interview in their home country?

Health Insurance can be state specific. where will your mom live? You can also research and see if your mom is a qualified relative and can hop onto your health insurance through work. Here is a helpful post:

Here is a compilation of posts I made a few years ago… https://www.visajourney.com/forums/topic/781051-form-i-601-religious-exemption/?do=findComment&comment=10646845

Okay. I would speak to a lawyer NOW and discuss the information you will submit for the waiver vaccine. I have seen one case out of Vietnam where they submitted the waiver after I130 and waiver were approved but before interview. you can submit the waiver now if you wish. This will shorten the waiting time AFTER the interview. Google waiver COVID visa journey for some information on what others on VJ have done and the lawyers they used.

Not months. 1-2 years. And if the waiver is refused your husband will either have to get vaccinated OR he will not be allowed to return to the US. Has the I601a been approved? If you received assistance from a lawyer I suggest you ask them to help you construct a strong vaccine waiver case. Or request a referral… the information you used in I601a might be able to be reused in the next waiver package.

@Talitha333 having the other vaccines weakens your waiver case. especially if he received vaccines in the last 3-4 years or at the medical. If you haven’t been vaccinated either, writing a letter to the fact can help your case but if you are vaccinated it could hurt the case. Your husband will have to remain in Mexico while waiting for the waiver to be approved. Then you will have to wait for the second interview- which can take several months as you are not in the regular IV interview line but the “second interview” line. I’ve read many success stories of waivers when the applicant is already inside the US but not many share stories of success if the case was processed outside the US- unless they requested a waiver on religious grounds and showed evidence of not being vaccinated for anything- with letters of support from religious leaders. Are you and your husband at peace with the possibility of not being able to live in the US after the interview?

You should do it after NVC receives it. You can submit a public inquiry form. Information can be found here.

She is being overly cautious. Immigration lawyers are focussed on keeping you inside the US and obtaining your immigration benefit. Leaving the US before you receive your green card opens you up to the chance you might not be able to re-enter the US. If you are planning to pay for advanced parole (there will be a fee increase at the start of April and AP has a fee that is separate to the Internet 485) and you receive it before you receive your green card and you have to travel for serious reasons, I would travel.

I would reach out to the consulate and explain she has an interview coming up and ask if she should get her passport back or organize to show a different type of identification when going to the interview.