Redro

Generally you have to wait for your SSN and proof of status to apply for US DL in most states (as an LPR applicant). you will most likely have to wait 1-2 weeks for SSN to arrive and then fulfill any and all of the requirements (written test and driving test) before license is issued… this will be state and county specific. This website might have good details: https://azdot.gov/mvd/services/driver-services/driver-license-information/foreign-applicants

If you decide to move back home next summer, have the wedding party then- your spouse (and his family) can visit the US with with ESTA - I know several couples who had the actual wedding (signed paperwork) in one country and then a wedding reception back in the States... and some had full on weddings with vows even though they had already signed the paperwork.

Met my husband in Korea. We got married on a trip to the US. Then applied for my visa a year before our contracts expired. The visa wasn’t issued by the time our contracts expired so we extended for another year and then moved once my visa was issued.(this is the short version of our story) You can ask a family member to be a joint sponsor (you will still be the main sponsor). You can also get married via Utah if you want an American marriage certificate. I 100% recommend spousal over k1 especially as a country change might happen during the process( first phase takes about a year) - it is more difficult to change consulates for K1 but changing for spousal is a lot easier. So if you both have to move to your respective countries because you can’t renew contracts- your partner will find it easier to change the interview from Japan to London.

Your situation is not unique you are correct. And most people are aware of the inconsistent waiting times for adjustment but they decide it is better to wait together INSIDE the US as opposed to wait outside the US… Most people just refile I485 they don’t move back to their home country to wait out the rest of the process. ( generally because they’ve been out of status before filing AOS). And most people might or might not have been working without authorization and/or living in a country that issues a DL without requiring the person has EAD.

I would not go home if I was your wife. By filing the I485, you pointed I130 away from consular filing. You will most likely have to file the I824 (it takes about a year to process) in order for your wife to interview back home. This would mean she needs to leave the US before she starts accruing unlawful presence AND would not be able to enter the US until her immigrant visa is approved. Hopefully, with an approved I130, a second adjustment will be processed in 2-6 months and she will have GC before June next month. As your daughter also had her I485 denied, you would have to do the same for her (file I824) so she can consular process… I would hire a lawyer if you don’t feel comfortable filing the paperwork but I would talk to your wife about what she wants. To wait out the process (with her daughter) back home so she can work OR stay in the US and potentially not have EAD/AP/GC for anywhere between 3 months to another year +.

The good and bad about K1 visa is you technically do not have to get all the vaccines in the home country- Good: if medical is incomplete you won't be refused the K1 visa to move to US. Bad: Incomplete medical means you may need to complete any vaccines you couldn't if USCIS decides you can complete the series (this might be the situation in your case). OR you have to re-do the entire medical if your adjustment is not completed before medical expires... When I was researching vaccines, I saw for immigration purposes the embassy was okay as long as you received your first shot of whichever vaccine you required (Covid being the only outlier where you needed to complete the series). I would re-do the entire medical to be safe. On Hacking's show a few weeks ago, someone's AOS was denied because they did not re-do the medical when requested... and now they have to re-file another AOS package again.

How long have you been waiting? It would be great if you could complete your timeline...

If you want to learn more about K3 visa and real life experiences you can read this forum and this forum ... I have only seen 1 K3 visa issued during my time on VJ and it was for a UK/US couple whose I-130 got lost or stuck and they had been waiting for 2+ years If your partner was adjusting (via K3) they would still be waiting... but here in the US. The pros of waiting 1+ year outside the US is more control. As I think your partner is from the UK, they can visit you in the US while waiting for the visa to be issued. They can work and they can enjoy their time in their home country before uprooting their whole life and moving to the US to be with you... Adjustment means you are at the mercy of USCIS with no ability to work or travel or obtain any documents while waiting for EAD (this is why most people don't want the K3 to be issued and for it to "push" the I130 to be approved).

If questions aren't complicated you can ask on the forum or call into The Immigration Answer Show on youtube... no need to pay. If questions are complicated speak to the lawyer Boiler recommended. Be aware I-129F for spousal (K3) does not always work but it is free to file. You are probably looking at waiting 12+ months for I-130 to be approved. NVC stage is where most people have issues (RFEs are issued)- generally I-130s are simple and any issues you might have with it will be flagged in 12+ months- if USCIS requests more information all you have to do is upload the requested documents to your account.

It is a case by case situation. Others have successfully received a B1/B2 with a pending K1 or spousal visa. This user managed to get a B2 visa to visit his wife while his I130 was pending. As you have already obtained a B1/B2 visa, the embassy might view you as someone who follows the rules and won't stay and adjust (as you have demonstrated immigrant intent with the K1). My question is: did you apply for the expedite earlier this year? As that could lead them to deny you as you and your partner have shown you would like to move to the US sooner rather than waiting for the normal processing of the K1. Either way, a B1/B2 denial will not impact the K1. So, if you would like to try for another tourist visa- I would apply and then report back to us... as many need the encouragement to know it can be done. And if they are not successful it has no impact on the immigrant visa process.

There is no petitioner/beneficiary for the B2 visa. Just an applicant.

There is no norm… it depends on the couple and their agreement.

You’re conflating immigration requirements with agreements in a relationship. Remember, some consulates allow self sponsorship for I134, and if the beneficiary is working in the US (on OPT or nonimmigrant work visa) they can include their income in I864… additionally, some beneficiaries “self sponsor” and use their entire income for the I864 as the sponsor is a housewife/doesn’t work (several cases on VJ of beneficiaries moving to the US and transferring from their company in their home country to a branch in the US) Then on the other hand, you have beneficiaries who will never work (parents, housewives, stay at home moms)… all USCIS cares about is: you won’t become a public charge and if you do… your partner will repay the government (if they ever decide to pursue repayment). Then you have sponsors who don’t qualify… and a joint sponsor needs to be found… generally, people don’t request the joint sponsor support the beneficiary day to day… USCIS doesn’t care where the money comes from, they don’t need the money (until you become a public charge- and even that isn’t always the case), … all they care about is a properly executed I864 so the beneficiary can obtain the GC.

Read this for reference: be aware people do sue their partners for 125% poverty limit in divorce proceedings so you could hypothetically tell your partner they need to pay the first $29,580 of living expenses every year( assuming you are a household of 2). Or give you an allowance of $21,870 every year until you become a citizen/ work 40 quarters… ETA I864 for the period you get GC until you become a citizen/ work 40 quarters this is why I wanted to narrow down what you meant… as this document is the one that USCIS cares about…

@Rosalea are you talking about: -I134 -the I864 -the period between entry and acquiring EAD -the period between 90 days after entry and EAD -the period between entry and when you become employed -the entire period from entry to acquisition of citizenship or 40 quarters of work -the entire period you reside in the US

Has your wife requested FOIA for her immigration history. Have you been able to see the redacted information from the first FOIA request? I wouldn't do anything until you know exactly what was written in the redacted section. Also, consult with a lawyer who specializes in waivers. Just like Hacking @Rocio0010 has a special text message service. You get notice when Hacking is on BUT ALSO she tells you if she will be on or not... you should consider signing up. I found the first caller the most interesting. "Sucks for me".

Excellent news! I am so glad I was wrong and you did not have to go back home. Now we know both France and the UK consulates do not check status. Congratulations! Now for your new life in the US!

Chat to your husband and ask him which questions he was asked. Then you should start preparing to reply to the NOIR when it comes and I believe prepare a new petition - as this current I-130 is on a track with no definite timeline. @JeanneAdil has experience...

I’m about to bounce out again… but nice seeing everyone! See you next summer ~~ ETA the poll is the companion to this post 😉

Why is it so difficult to make a poll?

A year or so ago… someone connected to the military was able to have the consulate accept the DCF request even though they had already filed through USCIS (domestically). But military cases are treated differently and they’re allowed to file DCF without having to prove exceptional circumstances:

Am taking a break from VJ but came out of the woodwork to say @Mike E is my fave. And I definitely was not paid for this message.

You want to be careful about using the beneficiary's mental health condition as reason to expedite. If her doctor indicates she is a danger to herself or others she might require a waiver to allow her to immigrate. You don't want to prolong the immigration process because you receive an RFE for I864.