s11

Thank you all for your help. I had my interview early this week. My i-751 case was already transferred last week to a new processing centre (not Newark) so that probably made everything a bit faster.
Similar experience like everyone else here and today status changed to "oath ceremony will be scheduled"  
 
Now follow up question to everyone who had oath ceremony - can I take my partner in with me to take pictures? 
 

Awesome! thank you and Congratulations to you!! 

thank you for sharing your timeline. This definitely makes it easier for me to decide. I have not seen any update on I-751 since I applied almost 2 years ago so I think I may have to wait too. Hope you get the oath ceremony date soon, good luck! 

thank you for sharing your timeline. This definitely makes it easier for me to decide. I have not seen any update on I-751 since I applied almost 2 years ago so I think I may have to wait too. Hope you get the oath ceremony date soon, good luck! 

I am sorry for the situation that you are in.  The reason you are denied was because of your overstay and illegal status.  They forgive overstays when you marry a US citizen.  They do not forgive it for marrying an LPR.
 
You need contact a competent immigration attorney at this point.

Neither option is fast.....

The biggest downside to doing a CR-1 with a Russian fiancé(e) even in normal times is that marrying a foreigner in Russia is a pain and your fiancée almost certainly can't get a tourist visa for the US, so you pretty much have to do a third-country wedding unless you're able to spend a month or more in Russia.
 
Now it's even more difficult because finding a place that satisfies all of 
Americans can legally go there Russians can legally go there actually meeting there is practical given travel time and cost and quarantine rules two foreigners can marry quickly there ... is going to be complicated.

I would also vote for the CR1 if for no other reason then to avoid the AOS (we did the K1 back in 2013/2014).  I would research figuring out how to get married somewhere, if you want to get married in Russia, I am not sure how difficult that is, but considering the bureaucracy there, I imagine there are a few hoops.  Maybe @millefleur might have some information.
 
Good Luck!

Even before the pandemic,  the processing time of a K1 was getting longer and longer because of the huge numbers of applications 
go CR1 
you won't regret it 
not only because of the additional fees with a K1 but doing all the paperwork over and over after marriage for AOS, EAD,  AP and then ROC means you have to do things for immigration year after year.
do the CR1 and then just ROC and natuarization 
so much easier
 
just reading so many posts on here that while people wait after AOS for so long and then the ROC ,  they are eligible for naturalization before all the other stuff is even done

Just as a reminder as to why I think a CR-1 is superior for many couples.
 
Every couple has their own priorities, and each couple must decide which visa is better for their situation.
K-1      
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  
CR-1   
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765, I-944) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Nothing you can do, except:
1.  Protect yourself legally and physically
2.  Seek happiness for yourself, and move on
3.  Let him handle his own immigration matters.
Unfortunately, you are bound by any I-864 you have signed until he is no longer a legal resident or has accrued 40 hours of work credit.  Remember, you have already given USCIS and DOS a lot of evidence proving your relationship is legit.
 
It's very likely too late.  He already has his green card.....it is out of your hands now......

When Joe Biden takes office in January, he has pledged to reverse many of Trump's  controversial immigration policies from the last 4 years.  Here are a few key items that Joe Biden plans to change:
 
Merit-based/Family-based Immigration and Diversity Visa
 
Biden disagrees with Trump's position of creating a merit-based family immigration system.  Biden would instead "expand" family based immigration to the US.  He would allow any approved family visa beneficiary, whose green card is not yet available due to the annual country cap, to receive a temporary visa and enter the U.S. until a permanent visa (“green card”) becomes available.
 
In addition, Biden would support legislation that: 
 
Expands the definition of “immediate relative” beyond spouses; minor, unmarried children; and parents of U.S. citizens to add spouses and children of green card holders, exempting them from caps; and  Allows parents to bring their minor children with them at the time they immigrate into the U.S.  
Biden would also continue the Diversity Visa program, stating it brings needed diversity.
 
"Dreamers" and Pathways to Citizenship
 
Biden believes that Dreamers and their parents should have a roadmap to citizenship through legislative immigration reform. When he enters office he  will remove the uncertainty for Dreamers by reinstating the DACA program, and he will explore all legal options to protect their families from inhumane separation.
 
Public Charge
 
Biden would reverse Trump’s public charge rule. He believes the rule runs counter to American values and the history of the nation.
 
Reversing Travel Bans
 
On Day One of his presidency, Biden intends to rescind Trump’s travel bans on travelers from 13 countries, most of them either majority-Muslim or African nations.
 
Skilled Workers
 
Biden supports reform of the H1-B system including increased alignment to the current workforce.  Once reform is complete, he plans to expands the number of high-skilled visas.
 
Refugees
 
Biden supports raising the annual allotment of refugee admissions to 125 thousand from around 15 thousand under President Trump.
 
Mexico Border Wall
 
Biden plans to immediately stop diversion of US Defense funds for the border wall, effectively stopping its expansion.  Trump will immediately prioritize reunification of "lost" children from asylum camps with their parents.
 
 
sources: 
https://joebiden.com/immigration/
https://www.heritage.org/immigration/report/president-trump-and-joe-biden-comparing-immigration-policies
https://www.reuters.com/article/us-usa-immigration-biden-factbox/factbox-here-are-six-things-joe-biden-will-likely-do-on-immigration-idUSKBN27O00R

 

The process is much more focused on you, the beneficiary, so it should not be an issue on a technical level.
 
I just want to say that you can be mentally ill AND smart. And kind. And many other positive things.
 
I encourage you to do more research and get to know him because it sounds like you have the idea that by talking to him remotely over 5 months, you somehow know better than the professionals who he received his diagnosis from. Just because he’s a smart guy doesn’t mean he isn’t also schizophrenic.

Only you can judge how much you are capable of accepting.  But you getting engaged to someone and saying that he's totally ok and that you truly understand him just from having interacted online and not in person, tells me that you are seriously underestimating mental illness (and also, marriage).  As a fellow Filipino, I understand why you might think this way as mental health is not something we openly talk about in the PH.
 
So please do continue your research and self-reflection.  I also urge you not to commit to the K1 process until you've spent a lot of time in person, not just through video calls, with your loved one.  One short visit will not be enough to understand what you could be dealing with for the rest of your life.  Ask yourself -- when you are stuck together in the same house and there is no app that you can just switch off so you don't have to deal with his "sensitivity" all day, can you live your life that way?  Please remember that it's not just your immigration at stake here.
 
Good luck and best wishes to you both.
 

Your never totally ok, it's a constant battle and only external observation can determine how well someone is.
 
Take it from someone who has dealt with schizophrenia, there will come a day when they are not ok. When it comes it will be really painful but if you prepare property it will make a huge difference. Learn as much as you can about the condition and those supporting people with the condition and then learn some more.
 
I don''t say this to affect your relationship. I say this because if someone had said this to me I would have been in a better place to provide support for my partner when that time came

I see this initiative  as a good thing.  The government should have been enforcing the I-864s all along.  Why should taxpayers have to carry the load for someone who VOLUNTARILY signed an I-864?  Public burden concerns have been around for decades..That is nothing new...however, this initiative is new...and I welcome it.
 
"Sponsors are individuals who agree to use their income and resources to support sponsored aliens."
"If a sponsored alien receives a means-tested public benefit, the sponsor is responsible, upon request, for reimbursing the agency providing the benefit. "

Obviously there are some things a LPR is required to do, what else have they done to maintain their status

Depends on their purpose -- do they want to reside in the US or just visit?  The visa used should match the purpose. 
 
Since you indicated in the first post that they wanted to "move to the US".  If that's true,  their son should petition for them and they should use immigrant visas, not tourist visas, to enter the US.

This makes it sound like they would travel to visit and then try to adjust within the US.  This is immigration fraud, since the original post states that they want to live here.    Please follow the rules and do things the right way so that it doesn't ruin the chances of legitimate tourist visas for other people.
Why would you think that a tourist visa would be appropriate in this situation then?

Do they want to visit or live in the US? That would determine what visa applies.

SB-1s would not be approved for either person in a case like this, sorry. 
 
The father has not apparently entered the US since 2016, and under scrutiny would appear to have never really established residency since he seems to have only entered occasionally to maintain the appearance of being a permanent resident.  For example:  Did they ever establish a home in the US?  Did he ever work in the US?  Did he work in his home country after getting the GC?  Did he use services in the home country (e.g., medical) that require you to be resident in the country? Taken as a whole, the decision would have to be that he is not really returning to his US residency, as he chose to live in his home country.  The case for the mother is even more clear in terms of never really having established a residency in the US.
 
Add in that it was at their choice, not for a reason that was beyond their control, and it becomes even more clear that SB-1s will not be possible.  You only qualify as a returning resident visa when you are returning after a temporary trip abroad, where the stay became longer because of reasons beyond your control and for which you were not responsible.
 

The mother will need an entirely new visa.  It is basically starting over and doing the process they did the first time around.

Um, I seriously doubt they are eligible for Medicare from what you’ve said. They need 40 quarters (10 years) of contributions to be eligible and to have lived in the US for the prior 5 years. There is part of Medicare that they can pay for (I think this still needs 5 years residence but not sure) but they will need private insurance to be properly covered. I do hope they weren’t planning on Medicare for health coverage. Your friend will need to show he can pay their healthcare costs to successfully sponsor them.
 
https://www.medicare.gov/eligibilitypremiumcalc/#eligibility
 
 

After 5 years of residency they can buy into Medicare, currently I think $460 ish per person for the basic plus all the add ons.

If they were LPR's they would be visiting elsewhere not the US, you do not visit where you permanently reside.