Redro

You can also write to each individual office: For all other immigration benefit requests pending with USCIS offices located outside the United States, you may request expedited processing by submitting a written request, along with any supporting documentation, directly to the USCIS office with the benefit request. From USCIS.gov

Where will she be interviewing? Which field office?

You can file MFS, print it out, then mail it. That’s the option most US citizens take.

You didn’t include the entire stipulation: Relationships where one party is not present during the marriage ceremony (proxy marriages) unless the marriage has been consummated;[6

@zozomike how did you file taxes? As single? head of household or married filing separately?

You can update them at the embassy. They asked me if I had traveled in the previous 6 months. They know people have to live their lives while waiting for interview.

What are the reasons for the I129f and i130 being denied? changing consulates won’t change the history of trying to get to the US. You need to address the issues before your partner interviews again. additionally, although they say you can choose your consulate that is. It quite true. USCIS/NVC will determine the embassy based on the current home address. several people have completed I130 when beneficiary lives in country A and indicated they want to interview in country B because they are moving to country B in 3-6 months but when the petition is approved the interview is scheduled for country A. The only remedy is to request consulate (change) with proof of residency.

Probably similar to US rules? All about time spent in Canada?

It would be great if there was an exception to the 3 year residency rule! I would be able to apply for citizenship as soon as I arrived to the US. Unfortunately it is 3 years of marriage AND 3 years of LPR status (not just residency in the US) Additionally, you have to apply for the 10 year green card before you can file for citizenship. ETA: there is actually an exception but it generally involves being married to someone in the military.

How long have you lived overseas? Which country are you currently in? here is a recent thread where a user received an RFE for domicile.

You should be fine. I don’t see any misrep. You were still married when they approved the 10 yr and your evidence was strong enough for them to waive the interview. So they were convinced the marriage was bonafide.

Which country are you going to spend the majority of your time in? You can switch it to the interview to that country if it looks like an "easier" application. If you have to go in person to the interview, the consulate in Netherlands should know what a conditional GC. Have you checked processing times for Schengen visas out of Netherlands/other countries? Can you move the appointment to October and get your passport back before November?

You and your wife ALWAYS look stunning! Forget oath ceremony… How does she manage to look so good at the airport is my question?

Many people keep their maiden name in home country and change their name for the green card here in the US. It isn’t an issue at all. What might be an issue is her stay in US. When does her 90 days on ESTA expire? You should adjust as soon as you can before she falls out of status. ETA as she is adjusting from ESTA she probably won’t be able to put anything in her name here in the US until she gets her EAD. But, I could be wrong. And if anything is in her maiden name she can change it after she gets the GC and SSN. Additional documents showing name change aren’t required for bonafide evidence.

You don’t have to move back to the US before filing the I130/a. The first part of the process takes about 12 months and you don’t have to live in the US to petition someone. The domicile requirements are required at NVC stage. This is when you would start making moves to return to the US. Read the Canada thread to keep up to date with domicile requirements out of Canada. There is no need to live in different countries for 18-24 months. If you had filed in December/January nothing about your life would have changed except you would have started your process to move to the US.

Thanks! I'll probably report back after we return. Coworkers today were telling me some great stories about how they used to cross the border with just a driver's license and how most people go over because the drinking age is lower.

Exactly. We are not getting the whole story. We can only speculate about what really happened.

Some people delay the move to the US after visa issuance as they have to wrap up business in their home country. Traveling to a third country could complicate matters. Examples: Passport stolen, falling sick and not being able to travel, inability to leave Honduras before visa expires, insert random unforeseen event here. Life is all about choices and consequences. Is it wise to travel to a third country before entering the US? Probably not. Will it impact your fiances ability to enter the US? Maybe- no one can predict the future. Are there any rules telling you, you can’t travel to Honduras before entering the US? No. You just need to make sure your partner enters the US before the visa expires.

Do you have a school in mind? How many hours a week would you be studying?

OP explained his friend received work authorization from his brother who sponsored him. We aren’t talking about first entry but how he is able to work.

He should probably not be working. If his brother started the petition 5 years ago he still has many years to wait before he can apply for the GC/adjust status. You can check the visa bulletin here: 22 April 2007/ 1 March 2008. His category would be F4. Additionally, he cannot adjust to a GC if he is not in status/overstay as he is not an immediate relative. If he is working on the EAD from the marriage and the GC was denied then that work authorization is no longer valid. Your friend is in a bit of a bind. He should most definitely get a lawyer to help him with his second adjustment process if he decides to marry the second partner as he will probably be under more scrutiny. They will believe he married both/or one of the women purely for the immigration benefit not for love.

Do you want it to be a US adoption or adoption based out of Philippines? If US, start the process now.

Which embassy?

Similar to format you are using for your letter to NVC stating intent to re-establish domicile. As you are worried about RFE at NVC stage. What are you planning to submit as proof of intent to re-establish domicile? We have seen a few RFEs as evidence was not strong enough You didn't answer my previous question: Have you been filing US taxes since you've left the country/do you work in this country?

You do not have the full story. I would be unwise of us to give suggestions/advice. When did his brother sponsor him? Is his brother a US citizen?