Just Observing

The issue is not so much how it looks although it does appear rushed. The question is do you have substantial and probative evidence [Matter of Tawfik, 20 I&N Dec. 166, 167 (BIA 1990)] that your marriage is bona fide? If you do, then there’s not much to worry about.

I won’t recommend you stay in a masters program just to look good to immigration, life is too short to waste on things that make you miserable. That said make sure this is a well thought out decision because if you drop out and something goes awry with your change of status and it is denied, it means you will have no status to fall back on.

All the best

Extension of what? What is your current status? You get an automatic extension if you have conditional permanent residence and file a timely removal of conditions. You also sometimes get an extension sticker when you file a renewal of your 10 year permanent residence card. Neither of you needs to be employed to renew your residence card. You just need to have the application fee 😁, unless you request a fee waiver.

9 minutes ago, SusieQQQ said:

Indonesia does not actually have a high refusal rate, it is 12% which is pretty low and particularly so for a developing economy. OP also indicated that of around 130 applicants he estimated he saw, only 4 were refused, so this backs this up. Unfortunately this makes it "worse" as it means they are actually going against the norm there to have found her twice ineligible for a B... they seem to really believe she has immigrant intent. USC husband with job in US seals the deal on that imo.

You're right. I was pleasantly surprised to see such a low adjusted refusal rate for Indonesia on the charts. I guess I stereotyped low income automatically with high refusal rates. South Africa also has a very low refusal rate, hmmm. Interesting and somewhat counter intuitive observation.

US visitor visa applications from developing countries with high fraud rates are a manure-shoot with results as close to random as it can get. You can do everything right and not get the visa. In my opinion it is not worth agonizing over what you did wrong although some may think differently. There are people with her very same profile who got approved and many who got denied.

You can have her travel to UK, Canada, Australia and every developed country in the world and she could still get refused after reapplying. But of course the $160 application fee is not much and may mean nothing to you.

Congratulations 👍 on your approval and enjoy the years ahead!!! In my estimation (although I don't have data on immigrant visa approvals to back up my claim), immigrant visa applications for Canadian and British immediate family petitions will have the highest approval rates and lowest number of required evidence.

Low fraud highly developed affluent English speaking countries, doesn't get easier than that in the application pool.

From your write up I would say the probability of immigration issues are very very very low and close to nonexistent when you file for citizenship as everyone here has already told you. No need to continue to agonize unnecessarily over that part.

Your focus should be on emotional healing and financial disentanglement. Those two alone are challenging enough by themselves without adding ultra low probability non-problems like immigration.

A USA passport is prima facie evidence of American citizenship however USCIS/State Departement have been known sometimes to insist on the Certificate of Naturalization. There is a poster on immigrationhelp who is currently facing that problem. I have also seen the same problem somewhere else I do not recollect. I will not post the link here because immigrationhelp is a competitor website.

Quote

An unexpired United States passport issued for 5 or 10 years is now considered prima facie evidence of U.S. citizenship. Because it does not provide the actual basis upon which citizenship was acquired or derived, the submission of additional documentation may be required or the passport file may be requested.

https://www.uscis.gov/sites/default/files/err/E2 - Applications for Certification of Citizenship/Decisions_Issued_in_2010/Feb172010_01E2309.pdf

They sometimes request other documentation because the basis upon which citizenship was acquired/derived may be material to the situation at hand.

You can ignore all that and the check-in agent at the airport will input whatever information is required when you give them your advance parole document.

Alternatively input the information from your AP card which the system will accept. No big deal, they will confirm/correct it at the airport anyway.

Why the gamble? How much do you stand to save by doing so and how much do you stand to lose if you are forced to change or cancel it?

This is a probability and expected value problem. I’d say the unknowns and variance makes it not worth it.

No. But it is a more positive sign than if the passport is not collected.

Most people value their wedding albums and wouldn’t want to just put them in a ziplock bag and just mail them off to USCIS.

I would personally view such an action suspiciously, and that the wedding didn’t really matter to the couple as much as the desire to change status.

In any case pictures don’t carry much weight and are not the best evidence of bonafides.

I’d say get of VJ and get a competent immigration attorney. After a Stokes interview, the do it yourself boat has sailed. Time to bring in the big guns = attorneys.

Yes the discrepancies in your address affect the situation of course. Keeping your name on Section 8 housing while not living there also implies you’re dishonest. USCIS don’t know your heart, they can only go by the data they collect and the interview and from what you’re telling us, they are justified in questioning the legitimacy of your marriage.

Your evidence doesn’t convince me, so I can understand why it didn’t convince them. Filing taxes separate etc, and that’s AFTER a Stokes interview, who does that knowing you’re already being viewed suspiciously?

I wish you the best, it doesn’t look good, at all.

Was this an arranged marriage? Very strange behavior by your husband, and you sound like you’re somewhat checked out of this marriage 

2 hours ago, ElDiablo said:

You are not fooling anyone, you have already shown by your OP you are not trustworthy, he would overstay and you know it, so will the CO that's why he will be rightfully (and hopefully) denied his B2.

Unnecessary accusation and presumption. You don’t know for certain and things are not always as they appear. 

Different policies at different consulates.

In my opinion it’s a complete waste of money. He has better odds of winning the Powerball even without a ticket. Now if it were a B1 Visa where he was coming for something related to his company, it would have a very slightly higher probability of success although still close to zero. 

This is a desperation move, won’t end in success. But then $160 application fee is not a lot of money.

2 minutes ago, quick_question said:

 

Thank you. Still curious, what if anything I can do next time around to show my "eagerness" to go to the US?

Nothing. Stay married to your wife lol. Your immigrant petition is not evaluated on such metrics.

However also if possible avoid anything which could make you inadmissible (like embarking on a criminal career), or which could possibly make them designate you as a potential public charge.

Zero Nada Nichts. No negative consequences. The only thing is they now have your details in their records, not that it means anything. That’s all.

This is a lazy question devoid of details. Exactly what will happen depends on how far along in the process the case was when the sponsor died, whether the immigrant and petitioner were married, whether the immigrant can find a substitute financial sponsor, and other factors. 

You have not provided enough information for for us to make a determination. Go find an attorney.

7 hours ago, Oby. said:

Doesn't the CO has to give me a reason to be denied under U.S law? What could it be ?

They have to give you the reason, and they will. The reason is the petitioner (your ex) has withdrawn her petition. It’s very simple. Without a petitioner, the petition falls by itself. You cannot self petition.

Also you’re correct, you don’t start accumulating illegal presence until the date when USCIS makes the formal decision to deny your application. However at this point that’s a formality since your petition is no longer approvable. Also sometimes it takes a while before you get the notice, and the date on the notice is what is binding, not the date you receive it meaning you would be accumulating illegal presence even before receiving it.

Right now the chances of being able to adjust status in the USA are slim and none. The important fight right now is to just make sure USCIS does not classify your marriage as a sham marriage. You have to fight back if they attempt to do so.

If you’re going to apply for visa in the future, it’s important you keep your immigration history clean and leaving before accumulating significant illegal presence would be in line with maintaining that record.

There’s really nothing more to gain from an anonymous online forum. All the best.

I am a bit surprised folks are saying the F1 should not affect the K1. I mean applying for a K1 right after a failed F1 if nothing at all should make a reasonable person (read consular officer) doubt the genuineness of the fiancée relationship especially when the relationship is so new. 

And we we all know fiancé visas have lower approval rates among immigrant applications and can be denied for virtually the flimsiest of reasons. 

The F1 doesn’t make her ineligible however it will invite more scrutiny and raised eyebrows, IMO. Altogether I am very doubtful this application will be successful.

11 hours ago, Legumes said:

More information: 

His wife and daughters have the 10 year tourist visas. In fact, all of his brothers and sisters have tourist visas or some form of legal status. He also takes a lot of evidence to show where he works and what his degrees are. 

They should proceed with caution. Many innocent dependents of people particularly in South America have had their visas revoked after a guardian or spouses visa was refused/revoked. Google for more info

He should forget it. He’s not coming back to the USA, and particularly not on a nonimmigrant visa. Give up the dream, it’s essentially game over.

Simple answer is that it is possible but has a low probability. Do not be discouraged. You always followed immigration rules and the basis for your immigration intent (to live in marital Union with your wife) no longer exists so it is not unreasonable to surmise that your immigration intent died with the marriage.

Immigration intent like you pointed out is not a permanent condition. The hurdle you have however is that typically when a spouse fails to how up, there’s rightly or wrongly an assumption of fraud. Hopefully you have evidence to overcome that.

 You start accumulating illegal presence immediately the petition  withdrawal is/was approved so you have to act fast and leave before applying for your F1 visa from abroad. Don’t try a change of status from inside the USA. Do a visa application from abroad.

Keep your head up and think positive, don’t give up your dream of an American MSc because of this snafu. You have little to lose by applying. If you can take a couple years break and work between degrees before applying too would be great.