Redro

Seems like you got your form numbers mixed up. I-864 is affidavit of support. DS260 is application for immigrant visa. DS160 is application for nonimmigrant visa. I824 is form to move approved I130 to NVC. You cannot complete the I-864 and the DS260 until the petition moves to NVC, you receive a welcome letter and you pay the fees. Depending on where your brother's spouse is from they can either enter the US on ESTA for a short visit or apply for the B1/B2 visa (DS160) to see if they will be allowed to visit the US (for a short time) while waiting for the I-130 to move to the NVC. Depending on the embassy the spouse 1.) Might not be able to secure an interview slot anytime soon 2.)The spouse might be denied a tourist visa as they have displayed immigrant intent. This will not impact the immigrant visa process.

@thsmuan can you clarify... the ceremony @Dan and Akari had in Cambodia. Are you saying it is recognized as a legal marriage in Cambodia and they need to register it only for US immigration purposes?

If you’re thinking of moving to France with the idea of working there…I would definitely consider switching to spousal. Especially if the main goal is being together and not “being together in the USA”. Be aware if your tax returns for 2023 are not sufficient when your spouse adjusts status after entering on K1 you will most likely receive an RFE for joint sponsor. So, consider this move very carefully. Our spousal petition took 13 months total from start to finish and I am still watching people who filed K1 at the same time as we filed I-130 waiting to enter the US… The issue with immigration is one has to be very patient and not compare their case to others… K1 is one of the only petitions where the first form goes to the same center (California) so there should have been no surprises about the fact nothing has happened for 7 months… maybe you will be lucky when your partner arrives to the US and they’ll receive work authorization and green card in less than 6 months but don’t be surprised if they have to wait 12+ months for the ability to work…

@saisai how many petitions were filed for your son? And how old is he?

Okay~ Concentrate on her evidence not on anything you are doing. If you open a bank account - have it in YOUR NAME and HER NAME (joint). She can always take her name off once you move to the US. Also, her moving to the US should not be contingent on your plans or your ability to secure the immigrant visa/ work. The CR1/IR1 visa is for family reunification. If your wife has no intention of moving to the US if you cannot move- there is no reason for you to obtain a visa. You can read this thread to see what happens when the application clears NVC but the CO questions the intent to re-establish domicile (the USC in this situation was not going to move for another 5 months): My husband was also questioned about domicile during my interview. They didn't care about my (the beneficiary's) actions. They cared about his (the USC's) concrete plans.

BE AWARE: You will receive a note from NVC stating they could not determine if your wife met the sponsorship requirements and they suggest you get a joint sponsor. This is a standard message you'll receive if your wife's previous tax returns were $0. Don't worry about finding a joint sponsor if you know your assets over 3X the current 125% and/or you wife is already employed in the US. You should file the I-130 as soon as you can. The I-864 will only come into play in about a year.

Canada has a mega thread about domicile when you don’t live in the US. You should follow this thread as for a few years the USC was expected to move back before interview but during COVID it was no longer an expectation… it might change back to being strict again

We moved money from Korea to the US while we were waiting on I-130 approval (from my account and my husband’s). We then used the evidence to show 1.) my husband’s intention to re establish domicile in the US and 2.) The assets in the US for the I864. I didn’t complete an I864A Two birds one stone. If your wife has never lived in the US before I recommend she open up a bank account in the US now as that is one of the proofs they accept at NVC stage… then move money from your Canadian account to her US account. No, it will not look sketchy that it’s your money and not hers. You are a a married couple. This is further proof of commingling finances.

Maybe more… currently the spouse of LPR PD is September 2020. It used to be current but it has retrogressed. As you know, you shouldn’t get married until after you receive your IV and enter the US… So, you might be looking at 3-5 years after you moved to the US before he can follow you. But, the time might speed up. You should pay attention to the visa bulletin and maybe join groups out of Brazil to see when people in your category are being called to interview.

You should check to see if the internship is subject to the 2 year rule before you apply… you might be accepted but then discover you need to leave the US for 2 years before you can return. Where is your boyfriend from? Is he American or is he also from Brazil?

What is your priority date? (when did you file the I-130)

What about ROC?

We don’t know if the SA divorce is valid or not… but they did get divorced in two different places. You are missing the facts: 1.) USCIS and NVC accepted the South African divorce certificate 2.) He married wife #2 in 2016… 3 years after he entered the US. It is unclear if you could say he obtained the GC through marriage… and was not eligible to petition wife #2 without a waiver

Our marriage certificate has an address typo. I worried about it but it never was an issue at all during petition or NVC stage. You can submit the certificate now and rectify the mistake later if you wish.

I better text the show so I can get the update when it starts!

I’m ~~happy~~ my dear South Africa made an appearance in that story? But, Hacking’s face when he realized our dear Denver had stated Hacking was his lawyer 😅… Back to @Rocio0010 though… I’m thinking her decision to travel “unstuck” the N400. Don’t tell me correlation is not causation… for now on I will advise people to travel if they are waiting on the N400 interview to be scheduled.

I want @Rocio0010 to call in to his show with an update… he was telling she would be waiting another year or so…

You’re correct. It depends on the embassy. But, timing also plays a factor. Some applicants (from the same embassy) are extremely lucky and won’t have any issues while others might have a problem finding an appointment. Best bet would be for @pizzapancake to seek out experiences from people interviewing out of Hong Kong… another option might be to see if they can move the interview to the UK (if they need to return to the UK for a few months.)

I think @mugatu300 should consult with a lawyer… maybe call in to a immigration show that supplies answers…

CBP: What is the purpose of your visit? Mugatu Wife: I’m in labor and need to get to the hospital. CBP: Why are you going to an American hospital and not a Canadian hospital?

Immigration wise: no issue with what he is planning. Relationship wise: might not be smart to surprise someone with a big life changing decision where they might be stuck in the US alone with no job or support….

Overstay is not automatically waived if you overstay and interview at an embassy.

Yes, allow your husband to enjoy life in his current country and delay his entry so he receives the 10 yr green card. when I entered the US and was in secondary I saw CBP convert a CR1 to an IR1. It is a common enough occurrence. ETA: as long as the visa won’t expire before August 9… not sure when he got his medical..

The great thing about VJ is we get a lot of perspectives from different cultures. but, always remember to be true to yourself and your dealbreakers.

Do you really think it is a good idea for you to have your girlfriend come over to the US, be in the middle of adjusting status, and then you are deployed before she is able to leave with you? Why do you think it is a good idea to leave her stranded in the US with possibly no ability to work or drive- if you live in a state that does not give driver's licenses to people without EAD or green cards? Also, she can only visit for 90 days so make sure she does not overstay her allowed time in the US or she will lose her ESTA privileges- make sure she leaves well before the 90 days is over. Do not listen to any lawyer who told you "There is a 90 day rule, don't get married before she has been in the US for 90 days." As you are in the military you can marry her (if she says yes) during her trip to the US, and then she should LEAVE, and maybe try to get her on your orders... this way if you are deployed she can travel with you and maybe apply for expedited citizenship.