Redro

How many times have you met your partner? The OP in the post hadn’t filed yet (April 2023), had only met their partner once and has not returned to VJ to give an update. So we don’t know if they were successful or not. Everyone else in the comments met their partner more than once before the K1 visa was issued after interview.

Green Card replaces the EAD and travel permit. EAD and AP are issued to allow an applicant adjusting status to work and leave the US while they are waiting for the GC to be issued.

If the K1 is denied because they don’t believe the relationship is bonafide what is your plan? Will you fly to Madagascar to marry and then file I130 or will you end the relationship? If you were told the chance of denial is higher because you only visited once but there is a higher chance of the visa being issued if you are in country before/during the interview period what would your actions be? I’m not sure where Madagascar is when it comes to high/ medium/ low fraud… Immigration is extremely expensive. If you can swing some PTO to visit your partner I would definitely do so… but if you can’t I would prepare for the worst and get married and go the spousal visa route. But, if you go the spousal route you might have to consider 2-3 visits while visa is processing to indicate the relationship is serious…

Your journey is not over. If the doctors/ the embassy feel your partner’s use is an issue he will have to refrain from using marijuana for the next year. I’m not sure when the medical is, but I suggest he speaks to his prescribing doctor and requests he 1. Asks the doctor to write a reason behind the past prescription 2. Prescribe something different 3. Start documenting that your partner has stopped using marijuana. Another member based out of the UK starting documenting he stopped drinking several months before his medical and this shortened the period as his year look back was not from medical but when he stopped drinking. I want to repeat YOUR JOURNEY IS NOT OVER. if you want, if your partner is refused you can consider getting married and going the spousal route. A refusal is not the end of the road.

We used the phone number of a family member for our DS260 (discovered later the phone number had been deactivated but that didn't seem to impact anything). Used the international address for the USC. Had no issues at NVC stage but USC was asked to provide more proof of domicile at interview- bank account and credit card was not sufficient.

When they return the passport you can expect a longer wait (as you will have to return the passport to the consulate). Hopefully, they request it soon... Be hopeful, I know sometimes they do not return the passport but the beneficiary still has to wait many month.

There is no standard time for Administrative Processing unfortunately. It can take as little as 1 week or as long as a year or more. With the consulate in Canada if someone is missing documents/has to submit additional it take about 6 weeks. Did they keep his passport or did they return it? You can check the CEAC page to see what the status is and how many times it updates to try to guess if they are moving on his case or not.

Should be fine. When I traveled to Boston it was super quick. They seem to be very efficient. You can double check to see how many other flights arrive around the same time on the same day to guess if the airport will be busier or not…

You can generally only edit the first 10 minutes after you responded. Have you lost the ability to respond right after? The edit button is now at the … in the top right.

Are you able to attain US citizenship for your new child? If not be aware you will need to file two I-130's one for the child and one for you. You do not have to file taxes before you start the process. I would file the I-130 now and then start working on filing back taxes (google streamline process) and make sure to keep proof of filing US taxes because you might not receive receipts by the time you get to the NVC process. If you decide to hire a lawyer OR Boundless/Simple Citizen make sure they are aware of your nuanced situation. Most paper filing assistants have a "size fits all" approach and might give you the incorrect advice. A lawyer might also have a similar issue where they have not handled a case like yours. Others have had similar situations and completed the entire process without a lawyer/document preparer. As other have said, the current proof for domicile is very weak (especially for Canada). While the I-130 is pending, your wife should make a few trips to Canada and set up a US bank account (this will also be required to pay the DS260 and the I864 at the NVC stage) and create other ties to the US. You should also follow and post in this thread to see what the changing domicile requirements for Canada are... it has been extremely strict to slightly more relaxed over the years. The Canada forum in its entirety might be a great resource for you as many Canadian/US citizens are in a similar position to you.

Having a petition pending (K1 or CR1) is pretty much the same as having a boyfriend you are constantly visiting in the US. I visited the US when I didn’t have an I130 on file and was still visiting my boyfriend’s family and I got some questions from CBP as they assumed I wanted to stay and adjust. Don’t live a fear based life. What has your experience been up to now? Do they question you when you enter and do you tell them you’re visiting your boyfriend or do you enter the U.S. with no questions?

1. Depends on the country. There was a case earlier where a fiancé case was denied and the young age of the petitioner and beneficiary MIGHT have been a factor. 2. Depending on the country you are coming from, mom might not be able to be the joint sponsor for K1. But will be able to joint sponsor for the I864 (adjustment after you enter the US). 3. If you have ESTA you should still be able to visit while the K1 is pending. Too many visits might raise some flags but many VJ users visited during the process. 4. When was your last visit? How often are you planning to visit over the next 18 months? 5. Sounds great. If you are from low fraud country (probably are if you are from ESTA country) all you really need is proof you met ONCE in the last 2 years before filing I129F. 6. proof of in person meeting is more important than proof of speaking via phone/ online.

Have you already submitted the I-485 and are still waiting for the green card? But did not submit the I-765? Or are you only submitting the I-485 now? Why have you not been able to receive or apply for SSN now? With your GC you can go to your local social security office and apply for one if it did not come automatically.

Did they answer which visa your partner (the student) will be on? I would ask the lecturer to put you in contact with the study abroad program/ the program allowing your partner to go to the US for a year. Everything I know about study abroad usually involves the student going alone and not with anyone else. Do you also know which institution your partner will be studying at? You could do a search on the US university's website to see if they have any information about the program your partner is going on and the visa required/partners joining etc. I would also like to say: US immigration is not fast at all and changing status inside the US on ESTA is not allowed (changing status to a non-immigrant visa). You are also not permitted to extend your stay... so you'll only be allowed to stay for 90 days before needing to return back to the UK. Extending your stay If you enter the United States under the Visa Waiver Program, you are not permitted to extend your stay in the United States beyond the initial admission period. You must depart the United States on or before the date on your admission stamp when you entered the United States. See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website. Change of status If you enter the United States under the Visa Waiver Program, you are not permitted to change status in the United States. See Change My Nonimmigrant Status on the U.S. Citizenship and Immigration Services (USCIS) website. source

Generally, home visits happen AFTER an interview. I think you are overthinking the issue. If your case was approved without interview this means the evidence you submitted was strong enough they did not doubt the relationship was bonafide. USCIS has no way of knowing you sleep in separate rooms unless you tell them. Are there any other “red flags” that make it seem like you are roommates and not spouses? Are you both on the lease? Do you share a bank account/ credit cards? Do you file taxes MFJ? What about cars and car insurance? if you are really worried about USCIS visiting you can always move into one bedroom/ move a bed out of the second bedroom until you get 10 year GC/ citizenship.

Beneficiary cannot work or travel before issuance of green card unless they apply and pay for EAD and AOS.

Always outliers who don’t get their EAD and some who don’t ever get AP but green card comes before… Apparently AOS fees is going up in the next few months so @Suncheer you might want to factor in the new costs of AOS when deciding if K1 is the route you want to go… and also if you want to apply for EAD/AP as they will no longer be free to file:

Click on your first post and request it be posted in the Vietnam forum.

You might be able to get an affidavit by finding a local notary in your area and then getting them to notarize a sworn statement of single status. (maybe getting the document apostilled at secretary of state in South Dakota) I would have your fiancee check with the office you are planning to register your marriage in China to confirm this is correct. The US Embassy in China is giving advice based on the assumption the US citizen is living in China. I cannot confirm this method. The best person to find out what type of document is accepted /is required at the registry is your soon to be wife. She can ask them what type of documentation they require from a US citizen. They might have a handbook with examples (similar to how there are resources on the internet showing what type of civil documentation the US accepts from foreign nationals).

No. You require the ITIN or an SSN.

For K1 you just need proof you met in the last 2 years before the I129F was submitted. We went the spousal visa route and our timeline was a page with important dates. For a timeline, I would keep it to ONE page. As I assume you are going to be in Vietnam for the interview that could be more than sufficient to show your relationship is bonafide. You might want to move this to the Vietnam forum if you think the Vietnamese consulate requires additional information (40+ pages over and above the evidence you already submitted). As many of us will say this sounds like overkill. Also, the more evidence you give them the more questions they can ask… @JeanneAdil often explains her and her fiancé were dinged for a small innocuous comment she made about what she liked to read as they submitted a lot of evidence. Time spent together is the best evidence. So just highlight the time you’ve spent together and with friends/family but you don’t have to be too detailed. E.G My husband and I met my family and spent 30 days with them… My entry for our timeline was 01/01/2022-01/31/2022 Flew to South Africa to meet Redro’s family

What went wrong with the online marriage service? I am assuming you mean Utah online marriage? We could help you with this if you still think you want to go that route. If not you will most likely have to make an appointment with the US Embassy/Consulate in China to obtain the correct documents to marry in China. @pushbrk is correct. Follow the link he posted here for all the requirements of marrying in China.

You should ask the people responsible for helping your partner/ paying for the one year study period. Your partner should ask them: What visa will I be studying with? What paperwork do you require from my partner so they can join me? How much is the stipend I will receive while living in the US? Can my partner work if they live in the US? Not sure what degree they are obtaining... is it undergraduate or graduate? Your partner could be going over on an F1 or J1. You have not given us enough information to accurately advise you.

My husband and I always went through separate lines when we entered the US. But, I was also honest and if asked explained I was traveling to the US with him and when asked additional questions pointed him out in baggage claim. CBP never told me we should be entering the US together through the same line.

DCF via UK or Germany takes around 3-4 months. I know someone in Japan went the DCF route a few months ago and IIRC it took about the same time. I can't find that post right now but... Here is a post from 2022. It might be quicker these days or a little slower but from initial interview to visa issuance: Feb 14 I-130 interview---> April 29 VISA in hand. DCF is better because your spouse will arrive to the US with and be issued a 10 year green card vs H1B where you apply for visa then apply for adjustment of status after you arrive (more expensive and an additional step). ... residency will take longer to obtain. But, because H1B is a dual intention visa your spouse should be allowed to work and travel while they wait for the GC.