Bret L Smith

On 8/9/2022 at 3:27 AM, Ecofolux2427 said:

I was/am under the impression that once we get past this first phase of the process, they will mail my fiancé a letter with the interview date/time on it. Then she goes to the US embassy in China and does her interview, passes it and then is granted her entry visa, then we have 90 days to get married. This seems incorrect to you?

My wife just had her interview for the IR1 Spousal VISA last Wednesday, Sept 28th, at the U.S. Embassy in Manila Philippines, and her VISA was delivered Saturday Oct 1st. 
•She NEVER received anything in the Mail concerning her Immigration Case. 
•I however received the receipt for filing her I-130, and I believe when it was approved. 
•Everything these days is done online through CEAC or email. 

On 4/27/2022 at 10:16 AM, ClioNicole said:

My K1 Visa is pending in the US Embassy in Manila but we are planning on going to the Bahamas after we get married. 

 

Example timeline:

June: Manila Embassy Interview

August: Flying to the US with an approved K1 Visa

Sept: Going to the Bahamas for a week then flying back to the US

 

What do I need to make sure I can fly in and out of the US for the Bahamas trip?

With a K-1 Visa it can take anywhere from 3 to 8 months to get your travel document (advanced parole).

If you leave the US without that travel document you will not be allowed back in and your green card will be denied. 
DON’T DO IT!!

On 4/29/2022 at 8:25 AM, mdantas said:

We chose the k1 because it was told that the cr1 could take up to two years of processing. Not sure if this is still going on though! 

In any case now we already spent the money  and effort with this application and I'd like to check what we could do considering the situation we're already in. 

 

Thanks for the help anyway!

 

The K1 was quicker pre-Covid, but now in most cases it takes longer than the CR1. 
CR1’s are now being processed a lot faster than pre-Covid.  

On 12/20/2021 at 2:51 AM, my_gf_wants_cr1 said:

(Sorry for length) I have been with my GF for 5 years now, and we don't want to get married (just because we don't feel it's necessary), but if it's required for her to migrate with me, we will do it.

Me:

- US citizen.

- Been leaving abroad whole life, but have ties to US (tax returns, lived there with address for few months, bank account, credit score, family, visits). 

- Got a relocation offer from my company on relatively short notice (6-monthish).

- Making way more than the poverty line for I-134, only issue is domicile proving.

GF:

- No US visas at all, no other citizenship other than this country. This country doesn't have visa waver program as well.

- Been to US only once ±15ish years ago.

- No criminal record at all of any kind.

- BSc.

Both of us:

- First-world country (i.e not third-world or "terrorist" country).

- Can supply ample evidence for relationship over last 5 years - mostly Facebook photos + chats, and other types of chats (whatsapp/telegram).

- Vacation tickets together.

- Joint rent leases multiple times.

- If helps, I can write her down as my life insurance beneficiary.

The scenario is that I want to accept job relocation offer, and want to bring her with me - but the process appears to be super long for CR1 visa. 

I also don't want to move there and be without her for months, but K-1 isn't an option because I don't want her to be there doing nothing for what appears to be 6 months until she gets AOS.

What could be the quickest course of action for her to get a visa + employment in US?

Other than that, assuming we get married within the next month, what are the odds of getting a CR1 at all? Do they reject it for being a new married couple, or because we have ample evidence for a long relationship it should be OK?

 

- We are also looking into an online ceremony with Utah, seeing that this will not be a proxy wedding I assume it's viable for immigration?

I will emphasise the marriage is pure bona-fide, we have no intention of an online ceremony as means to "bypass" immigration laws, we just don't like the idea of marriage (and again, we are 5 years together).

 

Thanks for any tips. (Sorry for length again)

Since you have been together five years already, being married for only one month before you file for the CR1 will not be a problem at all. 

Online marriages are not a problem as long as they are consummated before you apply.

Sounds like you have ample evidence of a bona fide relationship, but I don’t know of any way to expedite the process.

1 minute ago, Bret L Smith said:

 

But don’t they frown on granting spousal visas when somebody comes on a tourist visa and then decides to get married while they are here, basically bypassing the normal process?

If everybody did this there would be no need for the K-1 Visa. 

And I surely would have brought my wife to the US if it was that easy to just Marry her here and apply for the adjustment of status, but instead I followed the process as you are supposed to and we have now been married two years and she is still there in the Philippines 

On 12/19/2021 at 6:20 AM, Crazy Cat said:

You must make some decisions.  I assume your spouse is a US citizen. You have 2 choices after marriage:

 

These are the basic options (after marriage):

1.  You stay and adjust status.  You will not be able to work or leave the US for 6-8 months.

Your Son's case must be started by your spouse via an I-130.  You son will not be able to join you for 1-2 years.

or

2.  You return to PI while your spouse starts the spousal visa process. 

Your case and your Son's cases are separate, but can be managed so that you both travel together in 1-2 years.

1 hour ago, PGA said:

OK...I'm chiming in on the side of the parents here....if they don't feel comfortable doing it, don't do it! I think many people posting here have a complete misunderstanding of the I-864. There is, as far as I know, no set time limit for when it ends....until that person becomes a citizen, ok, but what if they don't? Until they get so many credits with SS? Yes, there are lawyers out there ready to enforce the commitments of the I-864 ... I have seen them advertised .... and if they're advertising, they're getting profits!

 

The commitment never expires until others make the move.... Honestly, I wouldn't sponsor anyone. I was very, very clear with my my family asking to co-sponsor - going over the form line-by line...and they wouldn't do it.  I honesty don't blame them.

 

Finally, I see many saying, "well, he's going to college" or "they're in college" and will have "great incomes." OK....You seriously expect me to trust college students who seemingly don't understand the entire concept of how student loans work? 

The commitment ends in 10 yeas. 
or until the recipient EITHER:

1) becomes a US citizen

2) earns the required # of Social Security credits

3) leaves the country

I don’t know what attorneys you’re talking about that make a lot of money going after somebody because of an affidavit of support commitment.

•••A sponsors responsibility is if the intended immigrant is to take any form of federal government aid. In that case it will only be the federal government coming after you not some private attorney, and that’s IF they decide to come after you. They don’t always.

 It’s not as if the immigrant is going to get some judge to award them a lifetime of support from you because they’re too lazy to get a job and care for themselves. That’s not how it is. 

On 12/8/2021 at 11:14 AM, Eastereggsrock said:

I got my ILR in the UK in 2008. We were moving the other way. We were planning on being here five months. That didn't happen. We are still trying to get my daughter's CRBA.  I didn't really consider just reapplying for my husband if he is brought before a judge and deemed to have abandoned residency. But that makes sense. 

Under the circumstances with Covid, and considering he has a tenure green card, I think you will be OK. But I would probably check with an attorney just to make sure.Under the circumstances with Covid, and considering he has a tenure green card, I think you will be OK. But I would probably check with an attorney just to make sure.

On 10/19/2021 at 8:44 AM, wilkings0224 said:

My wife entered the USA on March 5th 2020 as my fiancé K1,

15 days later everything was closed in NY, and pretty much nationwide, city clerk was closed, we couldn’t go to get married anywhere, later NY was accepting virtual marriage through the “project Cupid”, when I made the appointment they only have available for almost 2 months after, August 8th, which is already past 90 days timeline, we got married on that day,  I called USCIS yo explain the situation, they subject me to file the AOS anyway, well I was worry but I did, yesterday was her interview, the officer told us that we got married after 90 days and that’s a problem, he couldn’t make a decision and the case must continue to see if there is a waiver, that we have to wait for a notice in the mail, I explained the reason why we got married late, it was out of our control, he agreed but same conclusion, 

also we have all in order, she is working paying taxes, never have an issue with the justice and we have a 2 months beautiful baby, I can’t believe we have to go through this for something we couldn’t prevented 😕

Contact your US senator or Congress person.

They have liaisons that help their constituents with problems like this.

I think the final decision was up to the interviewer, so I don’t know why he is sending it for further review, but if I was you I would contact one of your representatives ASAP.

Just explain that because of the Covid lockdowns you got married at the earliest possible opportunity and should not be penalized for that.

Good luck! 😎✌️

On 11/7/2021 at 9:19 AM, MistyEyed said:

Hello everyone, my husband and I are distressed concerning our daughter's spouse being upset because we've decided not to co-sponsor his Green card application.

 

They dated for a couple of years and were married last month.  Now they're in the process of applying for his ten-year GC.  Our daughter is also a student and doesn't make enough money to sponsor him on her own.  

 

Initially, we were willing to help, but we are about a decade away from retirement, and after reading the I-864 form, we don't feel comfortable signing.  The financial risk is what concerns us. 

 

He said if we don't sign the application, he can't work and is very upset.  We feel terrible and unsure how to proceed.

Don’t be distressed! It’s not as bad as it sounds.

Since Joe Biden took office I’m pretty sure I read somewhere that they I don’t really go after anybody, and I don’t understand why they are still having us fill out that I-864. 

But let me ask you this, how would you feel if your decision caused your daughter to move to his country?

I think that should concern you more.

On 8/29/2021 at 10:15 PM, cubanchic said:

Hello, 

 

I submitted an I-130 for my husband (he lives in Canada) on May 5, 2021. The status changed to "actively being reviewed" on May 27th. To my surprise, on August 23, 2021 the application was approved and on August 26th it was sent to the Dept. of State. Has anyone ever had an I-130 approved that fast (approx. 3 months) without any request for expedite? Im just curious. 

 

Ours was 128 days. Just over 4 months. 

Hello Everyone!

The NVC asked for a couple of more Documents for my AOS. 

•I haven’t submitted them yet because my Wife wants to make sure I can get back to the Philippines in time to fly to Manila with her for the Interview. 

One of the reasons we’ve been waiting is because we were hoping the Philippines would ease up on the restrictions and the quarantine times on entering the Philippines, but it’s not happening.

••• Can anyone tell me the current estimated scheduling timeline, once you get approved by the NVC, to the scheduling of your Interview?

I want to get this filed, then schedule to get back to the Philippines in time to accompany my Wife to Manila. 
 

Thank You in advance. 

On 7/15/2021 at 9:55 AM, Ryan76 said:

Thanks for the reply and the info. I had no idea a sibling visa takes a decade.  This bomb just dropped on me last night and i hadn't done any research.

 

And i pray to god they don't get any ideas about the mother coming alone.  She is a great person and all that, but like i said before she has no money, no medical insurance, can't drive, absolutely zero english, etc etc.

 

Honestly,  part of me is just wondering if this is just a phase and maybe they'll rethink things.  It's difficult because i love my wife more than anything and of course i want her to be with her family as much as she can, but i am a private person who likes my quiet time. I need space.  And i certainly don't want to be living with anyone other than my wife.

 

I'm really going to focus on getting my wife to tell the sister that she needs to pause her thoughts and talk to a therapist when she gets home.  I really think she needs to get emotionally healthy before doing something like this.

 

But part of what always drives me crazy with them is that they never think of the details.  Like the fact that their mother would never be eligible for social security here.  Not even sure if she could get medicaid.  Anyway i don't want to start rambling again.  I just know there's about 1000 potential issues that they aren't taking into consideration. 

Tell your wife that you’ll commit to buying your mother-in-law a plane ticket once a year to come visit for a couple of weeks.

And if that’s not enough commit to buying your wife a plane ticket to visit her mom for a couple of weeks every year also.

That’s much cheaper than supporting the mother-in-law full-time. 

On 7/15/2021 at 8:29 AM, Ryan76 said:

 I'm American, married to a Colombian since 2012. We live in the US. We have a very happy marriage. And I am REALLY stressing out right now.

 

On June 10 my wife's mom, sister and brother all came to visit, which is a lot for our tiny little house, and a lot for me to deal with. For a couple weeks, okay that would be great, but they are staying two months, which is just absurd to me.  In the past they have never stayed more than 10 days or so. I do like them and want my wife to be happy, but this is VERY difficult for me.

 

In latin culture it can be normal to have several people packed in a small living area, but for me...the complete lack of privacy and peace and quiet is very hard to deal with. Not to mention how much extra money we are spending. (Plus i'm the only one who drives.) So more or less all of our routines and our life in general is completely upside down right now. Everything from planning meals to going to the grocery store is a major project.

 

So last night a bomb drops, my wife tells me that her mom and sister keep asking if we can "help them move" here...i guess at some point in the next couple years.  In the past 10 years there's never been ANY talk of them wanting to leave Colombia. Ever.

 

This would involve them "living with us for a while." Until the sister has a job and apartment. 

The mom is 60, has zero money, and hasn't worked in years.  I've never understood this, but apparently older people in Colombia just don't work.  The sister currently has a really good job, and lives with and pays for the mother. Her work medical insurance even covers her mother.

 

I briefly tried to explain how much different,  and more expensive things will be for her in the USA. Like how in the USA a 60 year old woman cannot be on her daughter's work insurance.  And my wife and i are by no means wealthy and basically live paycheck to paycheck.

 

Also the sister doesn't drive and her English is pretty bad.

 

For some context, No matter what we do with them...like planning vacations for example, they never think things through, or make good plans.  It's always just a blind leap and hoping they figure it out along the way.

 

I feel like i could write for hours about all this, but in general it just seems like a terrible idea to me, and i'm terrified about all this.  I feel like they have no comprehension of how long it could take for the sister to find a good job and get on her feet, as well as how much more expensive it will be for her to pay for everything for her mother.  My wife has this idea that they would only need to stay with us for a couple months.  I feel like it could take a year or longer. Who really knows.

 

I don't even know what i'm thinking.  And it's hard to talk about it with my wife.  I have to choose every word carefully because obviously this is her mom and sister and she loves them.  But i don't think she grasps how this would radically change our life, and i don't think the sister and mom are even remotely thinking about all the details and ramifications.

 

And for what it's worth, in Colombia they live in a very nice apartment in a beautiful city.  It's not like they're in some terrible situation that they need to escape.  If that were true i would think differently about all this.  But they have a good life down there.

 

Another important piece in all of this is that the sister has been struggling emotionally for a while. She's been making terrible decisions, she's dated 3 guys who have all had wives or girlfriends, then she gets devastated when they break it off. It's a long story but even my wife admits that everything with her is messy.  I feel like telling her she needs to see a therapist and get some things worked out before making any drastic life altering decisions.

 

I know this is a huge stressful rant, i'm not even sure if i'm looking for advice or what...but has anyone been in a situation like this???  Does this seem like i'm a  selfish ####### for having these thoughts? What do i do here?  Part of me just wants to ignore it and hope they get back to Colombia and change their minds. I'm just imagining how all these scenarios could play out and it's driving me crazy. 

Tell the sister to look for an American Husband. I’m sure if she’s smart and has a good job in Columbia that she could attract a decent man here in the US. 
 

2 hours ago, Paul & Mary said:

DCF is a I-130 that is filed directly at the Consulate overseas where both spouses live overseas.  It skips the USCIS and NVC all together.  Therefore the visa bulletin doesn't apply to those cases.  3 years ago ours took 103 days.  The rules have tightened up a bit and now an "exceptional circumstance" is needed.  But they are still way faster than a stateside filing.  DCF is a very very small percentage of all I-130s.  

That was my mistake Paul & Mary. 
I chose the wrong option from the drop down window. I just saw the CR-1 and didn’t even notice the DCF. 

Thanks for pointing it out to me.

1 hour ago, Paul & Mary said:

DCF is a I-130 that is filed directly at the Consulate overseas where both spouses live overseas.  It skips the USCIS and NVC all together.  Therefore the visa bulletin doesn't apply to those cases.  3 years ago ours took 103 days.  The rules have tightened up a bit and now an "exceptional circumstance" is needed.  But they are still way faster than a stateside filing.  DCF is a very very small percentage of all I-130s.  

Interesting. And weird too because I filed the

I-130 from California and it was processed through the USCIS. 

So now I’m a little baffled. 

On 6/10/2021 at 4:15 AM, Paul & Mary said:

Doesn't apply to DCF

3 hours ago, K1visaHopeful said:

You knew what it meant when you filled out your VisaJourney profile....

No I did not! I didn’t even notice the (DCF). 
And if you’re trying to be so smart why do you school me on what DCF stands for! 🙄

I’m pretty sure our case isn’t DCF because I don’t even know what that means. 
But thank you anyway! 😎✌️

Which one is the CR1 timeline?

On 5/6/2021 at 10:15 AM, JeanneAdil said:

you don't have a marriage license with both names?

What visa type?

what country?

is this AOS after a K1 ?

or CR1 for marriage?

What year married ?  as if in 2020,  the USC should have added to IRS tax returns 

How can you add your foreign spouse to your US Tax Returns if they haven’t immigrated yet and they don’t have a Social Security card?? 🤔 

On 4/28/2021 at 9:19 AM, JeffAtl said:

I hate to even bring this up, but its a concern.  I've read a lot on other boards and just research in general that the person in the U.S. who is sponsoring their future spouse is potentially liable for 125% of any government assistance that immigrant may go on in the event the relationship fails for a period of 10 years or until that person is a U.S. citizen which I believe takes around 5 years minimum.  Anyone have horror stories to share on this? What are the realistic chances of financial ruin for the sponsor if it doesn't work out? I just want to know the potential downside scenarios as we are getting close to the Embassy interview and then there's really no turning back as it's the final step to her approval.  I believe I've been misinformed by my attorney, which is why I bring this up.  The whole process has put a strain on our relationship and I'm taking a huge risk.

It sounds like you have serious doubts about he strength of your relationship. 
And if it was me I wouldn’t go through with it until I was damn sure. But only you can make that decision.

On 3/27/2021 at 4:04 PM, ilikepotatoes said:

We want to be married because we don’t know when the next time we will be able to see each other again will be. The other issue is because I have my father at home who needs care. He’s a high fracture risk, and has other ailments as well. This year alone he’s broken multiple bones. The reason I’m able to travel now, is because a family friend is kind enough to help out this time around; but he can’t always, as he has a family of his own. 
 

What are other forms of evidence that we can submit? We aren’t concerned about how our relationship “looks,” it’s just I’ve heard other people talk about having much time in person, and I’m concerned about that issue with us. Thanks for answering! 

For the spousal visa, when he goes to the US Embassy for his interview they will ask him all kinds of questions about your relationship, and questions about you to see how well he knows you.

my wife and I video chat every day and we take lots of screenshots showing us communicating every day.

You can also save transcripts of your conversations and any letters that you may have written.

•The first time I went to see My wife in the Philippines I had known her for about 10 weeks.

That first visit was for two months.

•I came back to the United States, and then returned for a second visit which I stayed three months. In the middle of that three month visit we got married.

• after returning back to the United States for four months, I return for a third visit in March 2020 for what was supposed to be a two month visit. Due to the darn coronavirus I was stranded there for 6 1/2 months.

it was fine with us because we got to spend more time together, and I am retired so it didn’t interfere with any job.

I have been back home in the United States now for almost 7 months, and we miss each other dearly.

The NVC asked for another copy of my divorce paper, and we are holding off on sending it in right at this minute, because as soon as we submit it we Will be put in line for an interview appointment for my wife.

She’s nervous and wants me to travel to Manila with her for the interview so we’re waiting to submit that last paper until restrictions are lifted so I can make sure that I will be able to travel there whenever we find out when her interview is.

Just document everything.And make sure you know everything about each other. Birthdays, likes and dislikes, family members names, etc.

good luck!

On 3/9/2021 at 12:00 PM, Lucky Cat said:

That is not what I gathered from reading the article.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

On 1/21/2021 at 10:27 AM, lecht008 said:

But since we've already applied for a K-1 visa, won't USCIS be suspicious that she came here just to get married?  

I believe they would be suspicious. Call USCIS for advice to be sure. You don’t want to take any chances. 

Thank you for the clarification!