Ontarkie

Filing the K3 could result in 3 actions
1.) nothing (worst case scenario) 
2.) K3 approval- better case- spouse comes over to the US and adjusts status 
3.) approval of i130- best case scenario 
 
People file the I129F as a way to nudge I130 approval. So, I see that as the cheapest way to get some sort of action on your case. 
It will take a few days for I129F to hit the desk of someone so if I130 is approved in the interim the K3 will be administratively closed 

When you were turned around. Those notes are in the system and will be for a very long time. It is recorded that you withdrew your request to enter. That is a sign that they did not believe you were just a tourist. 

No overstay, but you are now flagged.

~~Moved to Removal of Conditions, from K1 P&P- the OP is asking about ROC and needs to get familiar with this process.~~

~~Moved to Effects of Major Family CHanges, from AOS Family K1/K3- as similar threads are discussed here.~~

~~Taxe questions have been split off to this own thread.~~

I don't believe common law marriage is good enough for immigration.

Immigration judges have no jurisdiction in matters of citizenship. Even when you get sworn in as a citizen that's before an Article III court. If you try to naturalize or claim derived citizenship as a defense to removal the judge can only postpone until USCIS or DOS resolves the matter. If you naturalized by fraud then it's an article III court that has to void your naturalization before an immigration judge can order you removed.
 
Likely what she'd have to do is either file N-600 to get USCIS to issue a certificate of citizenship, or try with the NY passport office to fight the decision like yeah kid was here when he was 1, he wouldn't remember and answered incorrectly, but originally moved to establish residency until unforeseen circumstances forced them to move back.
Last option is to sue the state department in federal court.

Yes that seems to be correct. Meeting first and not getting married on the first meeting would be best. 

She signed the forms but when they reconciled he told her he stopped or pulled the forms. She believed him, the divorce continued. 
 
 
 

Ask how many years she was married when she entered the US. She may have been given the 2 yr green card in error. Then all she would need is to send in a correction form to have the 10yr card issued. 
 
She has plenty of years as a permanent resident to naturalize under the 5yr rule and can do this even if she leaves her husband. She should talk to a lawyer about custody and divorce. She should do that then when she can talk to an immigration lawyer to help her file Naturalization. But double and triple check how long she was married at the time she entered the US. If she's been married nearly 10yrs sounds like 4-5 yrs before the move, so no way should she have been given the 2yr card unless it was in error. 

Congratulations 

He's in Canada on a Student visa. She said Indian, don't think a TN will work here. 
 

Ah… i missed that… if he is Indian she needs to make sure not to marry on the first visit especially if she is not of the same nationality/ religion/ background and there is an age gap. It is even more important to make sure there are many in person meetings. 
Third country national in Canada marrying an American, they’re also more likely to encounter the DS5535 when they apply for the immigrant visa (especially if they’re studying something in science or biology).
Immigration and long distance relationships are really expensive. It takes a lot of sacrifice but if you have found your person the wait ends up worth it.
@OswRae what is your partner studying and how long does he plan to be in Canada? 

It is usually sole custody or a letter from the other parent. It should be clear that he gives the mother permission to take (child's name DOB) to move to the US to live.

He's in Canada on a Student visa. She said Indian, don't think a TN will work here. 
 

@OswRae you’re worry about Step 7 (3 years down the road) when you should be thinking about Steps 1 and 2.
The affidavit of support is only needed at NVC stage after you meet, get married and file the petition. 
And affidavit of support means nothing if the consulate doesn’t believe the relationship is real.
So, first steps: meet this person 1-3 times. If you live close to them you should be meeting them as often as you can before marriage and after marriage. 
Canada and US are right next to each other and it’s very easy for Canadians and US citizens to travel to the other country.
If you don’t establish a good base of in person meetings I worry about the visa being approved.
While you are building your relationship, look for online work. Look for part time work. i864 suggests assets can be used but it’s not a guarantee, so, if you can’t line up a joint sponsor you need to earn more money. 
You have 2-3 years to either find a joint sponsor or make more money. 
Don’t get married on the first or second visit. Don’t get married via Utah. Being in a U.S./Canadian relationship has real privileges to it..:
If your partner is Canadian have them see if they qualify for a TN Visa. They can move to the US and maybe you can build your relationship like that… or maybe because where they live is so expensive have them move to a border city so it’s easier for the two of you to meet.
Even though Canada is not a high fraud country marrying on the first/ second visit without a lot of IN PERSON time is a red flag.
If you know this person is your forever person make sure you build a strong case FOR THE CONSULATE and so he is able to move to the US sooner rather than never. 
 
Good luck! 

I'm so sorry to read about your mom and the helpless feelings you are going through. I'm glad you reached out here to us, because even if just one stranger on the internet can give you some hope or confort that may help you get through one more day. 
 
Ok here's my two cents. I see a lot of potential to make this work. Since the time it will take for you to get to the point where you have to show proof of income or assets is a long way off. Not to worry about that right now, take care of your mother. 
 
I would forget about getting married in Ontario, they are notoriously slow getting the marriage certificates back. That would just add more time to your waiting. Since you have known your fiance for years and just reconnected. Go and visit and get a good feel of it all and then you can get married via Utah marriage it's online. It would be much faster then waiting for Ontario to send you your marriage certificate. If you can visit earlier then get married earlier. Also make sure you two meet after the Utah marriage if you go this route and are not together when you get married. If you get married via Utah marriage while you're together then you can file right away. 
 
You are one strong women, do not ever forget that. You can do this. 

~~Moved to Effects of Major Family Changes, from ROC- as this is not the typical divorce waiver thread.~~
 
Mod hat off
It sounds like your husband did not pull the divorce petition and lied to you and to the Officer at your AOS interview. It is very important you seek a very good immigration attorney. 

The bonafides are not something to dismiss, OP.   
 
Your relationship will be scrutinized.  Green card  marriage fraud is common, so relationships are vetted, even more so depending on what country he is from.
 
You are getting excellent advice from veteran Visa Journey members, and it has been the experience of MANY here that marrying on the first in-person visit, filing immediately, and having minimal time spent together before the interview will not bode well for you.
 
The financial aspect is important, yes, but no more so than other components to the totality of your application.
 
Also-  Montreal is the only option for where he will eventually interview.

~~Moved to Effects of Major Family Changes, from ROC- as this is not the typical divorce waiver thread.~~
 
Mod hat off
It sounds like your husband did not pull the divorce petition and lied to you and to the Officer at your AOS interview. It is very important you seek a very good immigration attorney. 

I can understand knowing if he is the one. I've been there and in June it will be 16 yrs. The caution is more for the consulate, many times they see one meeting and marriage on that same trip as a red flag.  
 
It sucks your divorce decree is with Service Ontario. They are slow as molasses in January.
 
Talk things over and look more in the Utah marriage aspect. Since it is online you can be in two different places(just need to meet up before filling the I-130) or in the same place together to use that. 
 
Also get on YT and check out how keto/carnivore can work for your inflammation and mental health. It has changed my family's lives. 

I can understand knowing if he is the one. I've been there and in June it will be 16 yrs. The caution is more for the consulate, many times they see one meeting and marriage on that same trip as a red flag.  
 
It sucks your divorce decree is with Service Ontario. They are slow as molasses in January.
 
Talk things over and look more in the Utah marriage aspect. Since it is online you can be in two different places(just need to meet up before filling the I-130) or in the same place together to use that. 
 
Also get on YT and check out how keto/carnivore can work for your inflammation and mental health. It has changed my family's lives. 

I'm so sorry to read about your mom and the helpless feelings you are going through. I'm glad you reached out here to us, because even if just one stranger on the internet can give you some hope or confort that may help you get through one more day. 
 
Ok here's my two cents. I see a lot of potential to make this work. Since the time it will take for you to get to the point where you have to show proof of income or assets is a long way off. Not to worry about that right now, take care of your mother. 
 
I would forget about getting married in Ontario, they are notoriously slow getting the marriage certificates back. That would just add more time to your waiting. Since you have known your fiance for years and just reconnected. Go and visit and get a good feel of it all and then you can get married via Utah marriage it's online. It would be much faster then waiting for Ontario to send you your marriage certificate. If you can visit earlier then get married earlier. Also make sure you two meet after the Utah marriage if you go this route and are not together when you get married. If you get married via Utah marriage while you're together then you can file right away. 
 
You are one strong women, do not ever forget that. You can do this. 

Sharing my recent experience with Dr. Gulzar Cheema in Surrey, BC for the medical exam in case anyone may find it helpful. 🙂
 
Medical Exam date: April 9, 2024 at 0700, finished the entire process at 0820
Cost: Paid the cost for my age range, no additional fees required
 
Getting the appointment:
I had to email them at panelphysicianusa@drcheema.ca - I included my appointment confirmation and my vaccination record. I got my packet 4 emailed in the afternoon on March 20, 2024, so their office responded first thing the next morning with availability. They initially offered me April 12, 2024 and beyond but that timeline felt too close with my interview date. I read on the booklet they send you by email that you can ask about earlier dates if you're in the area. So I said I was going to be and asked for April 8 or April 9 - they fit me in April 9. There was some confusion about vaccines for me so I sent them my vaccination records again with my questions and we were able to sort it out by email. Aman and Indu are very kind and helpful throughout the process. Both appear to monitor the email, but it is mostly Aman.
 
Appointment day:
I showed up for my appointment 20 minutes early and ended up walking in at 0645. There was lots of parking available at this time. The door was already open and there was one other person there. They asked for the 5 passport photos, my appointment confirmation, my vaccination record, my passport, and another photo ID. I included my recent bloodwork from September 2023 that showed my immunity for varicella, because I only received one dose as a child and have never had chicken pox (we discovered this by email). They wanted to take my records but asked if I needed it back. I said yes, so they made copies of it.
They book you in ahead of time for the blood work - mine was at 0720. The office began to fill up fast and because of this and my approaching blood work time, Indu asked me if I could go to the lab first, so I did. It was around the corner and isn't the one that's in the booklet. The lab was great but also filling up fast. Indu cut my passport photos further and put one on my lab work requisition. At Life Labs, she gave it back to me and said she didn't need it but I unfortunately cannot use it further because it's been trimmed to be smaller than the 2x2 inch standard. The girl was amazing, she poked me once, took one vial worth of blood and I was on my way, super quick! I did not need to provide a urine test. Then I went back to Dr. Cheema's office and was seen right away. Indu got me to take off my shoes and weigh myself, then she took my height. Then I waited in the exam room for him. He was super kind - talked about the eclipse, asked me all the standard questions they do for physicals - any histories, etc. Then he asked me to cover one eye and read a line on this handheld eye chart. Then he listened to my chest with his stethoscope, took my blood pressure, had me lie down, pressed on my stomach, felt my wrist. I was good to go, it was 5-10 minutes max. He asked if I had any questions. Then he gave me the requisition for x-ray, which is the address given in the booklet. It is walk-in basis only. It is about a 6 minute drive north up the road, parking is in the back with first hour free. I waited here for about 20 minutes. They took one chest x-ray and that was it. It was all a great and very efficient process. I do believe having an earlier time slot helped because all the places can fill up quickly. As others have said to me, the process is much easier than the stress we put ourselves through getting to it.
 
What I learned:
A series of 3 doses received in childhood of Hepatitis B gives you a lifetime immunity Hepatitis A is not required Tdap is required within the last 10 years (I got this beforehand) COVID-19 booster is required within the last 12 months (I got this beforehand) Polio booster is not required Varicella requires two doses, if you do not have both or records of both, you can get your family physician to get bloodwork done to test for immunity. If it is reactive, you are immune. An additional dose if needed at the office would have been $95.00 CAD They provide you with a CD (for border crossing) and vaccination record (for AOS) by mail - they told me this is not required for the interview Once results are sent to the US embassy, you will receive an email stating so