beloved_dingo

The I-751 has to be adjudicated before N-400 can be approved. It's unfortunate that your wife didn't get a combo interview to approve both. Some people have had both petitions approved after this happens within 24 hours, other wait for months (or more) before an update. No way to know which way it will go in your case.

Fellow Alabamian here, and 100% agree. My husband's car has heated seats that we enjoy in Jan/Feb, but I never miss it in my own car. Certainly wouldn't pay a subscription for a feature already built into the car 😂 Anyway, this seems ridiculous to me. Everything is a money grab these days. But I also like my cars and appliances to be "dumb", so what do I know?

The more important news in this case is that they arrested the person who raped her. https://www.reuters.com/world/us/ohio-man-charged-with-raping-10-year-old-who-was-forced-cross-state-lines-2022-07-13/

It did change at one point because when I filed in Nov. 2021 there was only one address (Arizona, I believe).

@mhai2022 I just want to make sure you understand one thing...if the Motion to Reopen/Reconsider is denied (which is likely in your case) you will have to re-file for AOS. You have mentioned money several times now, and I am just not sure I am following how paying $675 + lawyer fee (how much was the "partial payment"?), waiting for months on end, potentially only to receive a denial, where you will have to refile AOS again and pay $1000+ to do so, is actually going to save money. That also means you will be waiting an even longer time for AOS approval if the Motion is denied. If your lawyer charges you more than like $300 total, it will not be financially worth it to file a motion rather than refile. I agree with @Family that I would want to see what is in my USCIS file (through filing an FOIA request) before jumping into a I-290B, but there is no guarantee that you would get the information before the deadline to file the motion. Regarding your SSN issues, you will not be able to get an SSN until you get your EAD, which will also be further delayed if the motion is denied. However, I believe you should be able to get added to your husband's health insurance. Many people around here have had the issue of being told "we can't add spouse without ssn" but it's not actually true. Your husband needs to escalate the matter to a manager/supervisor with the VA and keep pushing to get you added until it is taken care of.

Yeah I believe there is someone here who got an approved K-1 doing this and they are waiting to see what happens for AOS. Until we see if they overcome AOS without issue, we won't know if this truly works (and there's still ROC and citizenship to consider).

Do you have your 10 year green card in hand? If so, you have literally nothing to worry about. Relationships fall apart, and your husband backed up your petition with evidence of a bonafide marriage. He can't have it both ways. Consider your LPR status a nice consolation prize and block this guy from ever contacting you again.

Well, it's up to you whether to try or not. If you do, please update us here so others that find themselves in this situation know if it did or did not work out.

I've been researching the issue and cannot find a clear answer, especially since the visa in question is being used to enter a different country and not the U.S. Visa holders can have more than one valid visa (tourist + student visa, for example) and can just use whichever one is appropriate when entering the U.S. Not relevant to the OP, because she doesn't need her tourist visa to enter the U.S. since she has AP (and they wouldn't let her enter on the tourist visa if she tried - that ship has sailed). So logically, if she cannot use that visa to enter the U.S., she should not be able to use it to enter Canada or Mexico. But "shouldn't be able to" doesn't necessarily equate to "won't be able to". Personally, I wouldn't risk it but if OP doesn't mind the potential risk of her being denied entry to Mexico, they can try.

Yes if she did have a valid U.S. tourist visa she could use that to enter Mexico (or Canada): https://help.cbp.gov/s/article/Article-751?language=en_US It is a gray area on whether the B will be canceled in the system or not. A visa is valid until expiration unless canceled or revoked...but she can no longer claim to be a U.S. tourist after entering on a K-1 and filing AOS. Also, they are pretty far into the AOS process - already have EAD and AP. I think the odds of that tourist visa being viable has gone down considerably the longer she has been in the U.S. @BigBen17 What is the expiration date on her tourist visa?

I don't know if I'm missing something here but can she not apply for a Mexican tourist visa with her passport from the Philippines? Her prior U.S. tourist visa is non-existent at this point. Mexico and Canada have a lot of access to U.S. immigration info because of course, it is necessary for border countries to have this info.

You're welcome. The issue isn't that anyone thinks you are being dishonest (and it doesn't matter what anyone here thinks anyway), its that USCIS assumes immigrant intent. It's nothing personal - it's just how things are done for immigration, especially tourist visas. I am not sure if her age and living at home will help or hinder her odds. As I said before, all she can do is apply and see what happens.

@Crazy Cat and @Timona are correct. You can visit while the I-130 is processing. You are getting confused because it's not legal to get married in the U.S., file an I-130, and then just stay in the U.S. (or arrive on a tourist visa with the intention of marrying and staying). There is absolutely no issue with getting married (in any country), filing the I-130, and then visiting during the process. However, it is up to CBP whether to let you enter or not. If you have visited the U.S. before and returned with no issue, you are unlikely to face much scrutiny as a Canadian (low fraud country). My husband visited me several times through the visa waiver program while our fiancé visa was processing. No issues at all.

I agree with @arken on this. USCIS had grounds to deny the petition, since you did not fully respond to the RFE. However it could be argued that a mistake was made since you said you provided the MC in the original packet. Regardless of that though, it will likely end up costing you MORE money (and stress) in the long run if you try to do a MTR only to end up having to resubmit (and pay) to re-file. Time to just accept that an expensive and unfortunate mistake was made, refile for AOS, and move on. Edited to clarify a couple of things.

Then you're good to go

This will not solve the issue you have asked about before, regarding your father using money he received from a pandemic loan to be a joint sponsor. In fact I think this would be worse, since gifting it to you is blatant misuse of that money. Not sure that's a rabbit hole you want to go into, or drag your father along for the ride.

The petitioner should have disclosed the withdrawn K-1 in the section "Item Numbers 43. - 47. Previous Filings" on the I-129f. That is all that is required in the early stages regarding the prior petition. At the interview, they may ask you about it and the most important thing is that you know about it and the general details. Do you know if he disclosed it on the I-129f?

Everyone's situation is different so I definitely wouldn't worry about not being on titles/loans/leases. Your other evidence is good and they love to see comingling of finances. Some suggestions, if you're looking for anything else of substance to add: Power of Attorney (we each have Durable Healthcare POAs for each other) Emergency Contact info from work/school/doctor Joint Memberships, if you have any (gym, Costco, etc). Utilities in both names - water, power, trash, internet, or phone? Any other bills addressed to you both Joint bank account(s) - you mentioned credit cards, but do you not have any other joint accounts? Make each other beneficiary on bank accounts that aren't joint

The application for a tourist visa is fairly simple, and there's nothing you or your son can do to improve her odds. She just needs to apply and see what happens. Worst case scenario, she is denied and is out a couple hundred bucks. No way to know the outcome until she goes for it. As others have said, she has to show strong ties to her home country. Being a student isn't necessarily enough, because a student can change schools, drop out, etc. She has to overcome the assumption that she has immigrant intent (this assumption is applied to all applicants, but the overall scrutiny varies from country to country due to varying levels of fraud). Does she have any relatives in the US (it's better if this answer is NO)? Does she have a job in DR? Does she have a boyfriend/partner there? How much of her family is in DR? Does she have a lease for where she lives? Does she have pets or a family member that she cares for? No U.S. relatives and being able to answer at least a few of the above questions with "yes" (along with proof) would help show strong ties.

1. The instructions say "Your Beneficiary’s Address History. Provide the addresses for the places your beneficiary has resided over the last five years" so you would only put your current address in this section. 2. We used approximate dates for a couple of the employment entries. It was not a problem. 3. You write a brief description of your in-person meeting on the actual form, and include evidence of that meeting in the packet you send (such as photos together, passport stamps, hotel receipts, flight info, etc). 4. No, the requirements for the I-129f is that you met in person at least once in 2 years, which is completely separate to how you "met" online. 5. You disclose the conviction on the form and include the court documents in your packet. 6. Put N/A in the blank spaces. We personally didn't do this in EVERY blank space, but made sure to do so in the first part of any section with no info. However, if you want to be extra careful you can do it in every blank space. 7. The format looks correct. Also just a side note - it is helpful to do a cover letter to go on top of your packet. You can find many, many examples around the forum. Good luck!

It's really not about the number of pages but rather the strength of the evidence. 50 pages can be stronger than 500 pages if the 500 pages are mostly "fluff" (chat logs, affidavits from friends, etc). It is helpful to post what evidence you have and then people on VJ can give you specific feedback on your evidence

Oi, fellow November filer here. What's your service center?

Giving up LPR status is kind of the opposite of immigrant intent...it shows that they immigrated legally and then chose to leave. Not sure why that would count negatively against them, especially from a very low fraud country. However I would be on board with the suggestion to hang around for citizenship, but that's entirely dependent on how strongly OP wants to get back home.

Those are just newsletters/informational emails that have nothing to do with ROC or your specific case.

Passport renewal won't effect anything as long as you have a valid passport in hand, along with the letter and greencard.