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Daphne .

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Everything posted by Daphne .

  1. Daphne .
    You basically already have been doing that for the last 10 years. You can of course try to get a tourist visa, but your chances of getting one are low. You can meet in another country and/or she can visit you more in your home country. You haven’t answered the question about how much you’ve been keeping in touch with each other, have you had any regular communication in these last 10 years?
  2. Daphne .
    That lawyer sounds very shady… Sure, you have been married for 10 years but haven’t seen each other at all. How often do you communicate with each other? Joint finances are not required for consular processing btw.
  3. Daphne .
    Why would you do that? Also, just doing 1 visit again and creating evidence from that 1 trip alone is not going to make a strong case. Start spending more time together, or actually get to know each other and file after that. Apart from not seeing each other for 10 years, did you have regular communication? Phone calls, video calls, texts?
  4. Daphne .
    Only being married for 10 years doesn’t prove anything. You’ve only seen each other once, this wouldn’t be considered a bonafide marriage. The K1 doesn’t apply.
  5. Daphne .
    You won’t be performing any work so you are fine.
  6. Daphne .
    So in those 10 years you only saw each other once? yes, start from scratch and make sure to spend more time together.
  7. Daphne .
    This doesn’t sound like a bonafide marriage. What is your definition of a bonafide marriage? For your and your child’s sake, leave the US so you’re not in this vulnerable situation anymore and divorce your husband. Take control.
  8. Daphne .
    What is the reason that your spouse is not cooperating? Is this (still) a bonafide marriage?
  9. Daphne .
    Of course she’s going to tell you all the right things like not being in it for the papers or moving back to her home country. She’s in the US now and for a reason, she’s not going to go back to Honduras, she hopes that by saying all those things you will bite. The chances of her finding the 55 year old love of her life in Honduras are non-existent.
  10. Daphne .
    You really want to rethink this. You’ve been had 2 times already, this is #3. The age gap in itself is not an issue, but do you think she ‘d marry a 55 year old in her home country? I understand that due to your religion you want/need to get married for different reasons (😅), but adding immigration and the circumstances to the mix really makes this more complicated. You’ve been used before and I am fairly certain it’s happening again.
  11. Daphne .
    I don’t know which country you are from, but you were lucky enough to get a tourist visa approved with a pending K1, meaning they trusted you that you wouldn’t use (abuse) it to skip the immigration process. The CBP officer trusted you when they let you in, so don’t confirm the bias that consulates and CBP officers already need to have by now adjusting status from a tourist visa.
  12. Daphne .
    But you 2 have met in person already, right?
  13. Daphne .
    I didn’t do the adjustment of status for this exact reason. I got married during one of my visits (also on Esta), left after my visit and we started the CR1 spousal visa process. I was able to continue to visit while that was processing, I had short 2-week visits every 3-4 months and never had issues. Once I completed the entire visa process from my home country I moved to the US and started my job 2 weeks later. No gap in my resume, no stress about work.
  14. Daphne .
    If he has a settled life in the UK, it might get very tough for him during the adjustment of status process. He will be stuck without being able to work, leave the US and drive in some states. The adjustment of status process always sounds like a great idea until it doesn’t. I would really rethink this plan and think with your heads instead of your hearts, make a sensible decision.
  15. Daphne .
    Could she need it to start the divorce proceedings? How long did you actually live together after you arrived in the US?
  16. Daphne .
    You need to apply for a spousal visa.
  17. Daphne .
    OP probably doesn’t have a tourist visa and will have a tough time getting one.
  18. Daphne .
    You use the I-129f form and check the box at question 4.b. But as noted by other members, it is not likely that it will get issued but it might nudge the I-130
  19. Daphne .
    Look at the bottom of the physical receipt notice, it is mentioned there.
  20. Daphne .
    You don’t HAVE to add DL, it is just a form of evidence that you could use to prove living at the same address. Since you haven’t lived at the same address for the last year, make sure to explain carefully why. What is the plan for the long term though? Is that job permanent or temporary?
  21. Daphne .
    Not until she has authorization, so either a greencard or approved work and travel authorization. This is why doing an adjustment of status always sounds great until it doesn’t.
  22. Daphne .
    No such thing as “what not to say”. She just needs to answer CBP’s questions truthfully.
  23. Daphne .
    She’s only visiting so she would be back in SA before her tourist visa expires, right?
  24. Daphne .
    Gotcha! It surprised me because it came from a pretty established member here.
  25. Daphne .
    Where did you get this info from? Did anything change because as far as I know the I-130 doesn’t apply if the beneficiary entered on a K1 and the couple married within 90 days.
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