Redro

@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…

When i entered the US in 2022, there was a man being questioned about why he had been outside the US for so long (more than 4 years IIRC)… he was let in… Another UK citizen was going to enter the U.S. on ESTA (for her and her USC son) after being outside the US for more than a year and came in with her son with no issue. Just come back to the US… sad to say, you’re from the UK you probably won’t get any pushback for being out of the country for so long…

I would just go to Vietnam and come back every 6 months to keep the GC active TBH. Who even knows if the re-entry permit is valid for someone in the middle of ROC… and who even knows if USCIS recognizes re-entry permits for people who are removing conditions to REMAIN LPRs while they state they want to live OUTSIDE THE US for 2 years… I assume if called for an interview you and your husband will return to the US… ETA: Reentry permits take a long time to process and some ROCs are being approved in under 6 months so applying for one might be a waste of money in case the I131 for ROC filing does not cover the 10 yr GC when it is issued

How soon after the 112 days did you try to re-enter the US? Who did you say you were visiting? If you do go back where would you go/ how long would you want to stay?

It is the same form I129F is for K1 or K3.

Have you reached out to Ask Emma at USCIS either via phone or chat to ask where the case is? I still think filing an I129F is one of the cheaper solutions to your issue. But also reach out to your political representatives who are friendly to immigrants.

You can only get the GC through her. she has to sponsor you. Sounds like there is no abuse so VAWA is not an option.

She fills out the DS160 and then goes to the interview. she can bring documents showing her ties to the Philippines but the CO does not have to look at them. When I went for my B1/B2 visa I was only asked questions. Didn’t show any documentation. this thread might interest you:

Is your wife still willing to sponsor you? You can only obtain a GC from your (ex)wife or through VAWA…

There are 54 recognized countries in Africa. I asked the question because if this country ALLOWS people to sign a legal document in advance and recognizes the “future date” you should have no issue… But, if you come from a country that is known to have fraudulent documents- your friend might want to consider getting married again… As someone from “some African country” I appreciate that we don’t support the idea that Africa is a country but made up of 54 countries… FIFTY FOUR…

Didn’t realize you could sign a marriage certificate in advance… which country is this? But, as you know they were not free to marry on the date of the ceremony so they can only use the date on the marriage certificate.

Whatever the official document says… Did they have the ceremony before or after they signed the marriage certificate AND When was the divorce finalized? before or after they signed the marriage paperwork?

Here is the timeline for a vaccine waiver based on religion for an AOS applicant. You will have to submit the documentation after the interview but you can start compiling your evidence and your letter now. Reach out to religious leaders and friends to write affidavits for you. If you think you are a good writer you can submit the waiver yourself. Or you might want to hire a lawyer to help you with the package.

Completely normal: If you look in the K1 forums you will see this question pops up often: A timeline for Filing to NOA1 here: https://www.visajourney.com/timeline/profile.php?id=467827 And you can look at timelines here (click on the username to go to timeline to see the date the K1 was filed and the date the NOA1 came through). https://www.visajourney.com/timeline/k1list.php?cfl=&op1=4&op2=d&op3=1&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op66=All&op7=All&dfile=No&adv= Filing for an immigration benefit takes a lot of patience. There is also a lot of waiting. I would forget about the petition for the next 6 months and try to enjoy your life.

@EDDY_PRADO has your fiance ever tried to go to the US before the K1 petition? Were either of you married before? You should really talk to her again about what happened but hopefully just spending more time together, marrying, and filing another petition should solve the issue. If it is a bigger issue, marriage and filing another petition isn't the solution and you might have to move to her. Here are some cases of K1 sent back. You can read about through the experiences and see if anything resonates with you. Do any of the cases seem similar? The final case I've linked involves a couple who had their K1 denied twice and were finally successful with the spousal visa. So, don't waste time filing another K1. Final Case here:

Yep. Be aware USCIS isn’t about that FIFO life. So, some people get approved fairly quickly while other cases are left behind for a year or so… Hopefully most people get a quick approval.

This is good information… It is true, after USCIS stage everything is embassy specific. So, this is great information for anyone considering K1 vs CR1 if they are based out of Italy.

Interview location is based on the beneficiary’s address noted on I129F and I130… I didn’t say you CANT transfer a K1 I said it can be very difficult and add months to the process: The thread you linked had some success stories but also some stories with issues: Here are the instructions for changing embassies spousal and k1: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp13 You are free to choose K1 or CR1 but if you’re asking which is QUICKER… changing consulates will add time to the process. Here is an example of a timeline for transferring a K1: K1 case transfer timeline: July 23 2021 the petition was approved December 12 2021 interview… (132 days) K1 no transfer August 20 2021 petition approved November 3 2021 interview. (76 days)

There are three stages: USCIS about 13 months NVC: looks to be about a week or so After DQ: depends on the embassy and that can be 2 months to 18 months (maybe more) Where will your partner interview? Join this thread. You can keep up with people who filed during the same month as you.

Are you able to see her and marry her before she moves? Like I mentioned if you want to file before she moves. Changing embassies for the spousal visa is fairly easy (you request a change at NVC when the petition is approved). But, if you won't be seeing her until after she moves then you will have to wait until then to file. So, spousal in this case would be faster than K1.

That’s an angle you could take to show you never gave up US residency…and your should get his passport ASAP im thinking about the rules applied to US military spouses and overseas workers who qualify for expedited citizenship… im talking about this: https://www.state.gov/global-community-liaison-office/naturalization-of-foreign-born-spouses/guidelines-for-expeditious-naturalization/ @Family do you think my idea has any merit?

@MelOe URGH im so sorry my suggestion isn’t a fix. I had an issue with my degree in an other country where they were hung up on wording so I know the frustration. Will check to see if I can find another method. But hopefully someone smart reviews your case and allows you to practice. I know vets are really needed here in the States so you would think they would be bending over backwards to get you practicing.