African Zealot

I don’t for the life of me understand why people continue to apply for SB1 when they have a physical unexpired green card. Even if you’ve been away for years just come, they can’t reject you at the port of entry. SB1 is fraught with risk

This was a self inflicted wound, you should simply have come on ESTA. I think you need to understand CLEARLY what visitors visas are for and the kind of intent you must or must not possess when applying for them. Maybe it’s because you’re “talking too much” however what I glean from you is you would love to stay in the USA ie if some organization or someone sponsors you. Nothing wrong with that however displaying a high affinity for the USA doesn’t help one’s chances of being approved for a non immigrant visa unless it’s one that allows dual intent. Next time apply for three months preferably less.

I don’t think she’s ready to be married yet hence finding all these phantom excuses about bans and fraud not to get married immediately. That’s the bottom line. Good luck!

Not encouraging you to break the law however unauthorized work is forgiven when you marry a citizen. In my opinion that’s the least of your worries.

I don’t know if you actually realize how serious your case is. You keep asserting your marriage was real and so didn’t need a lawyer etc however your opinion doesn’t matter, what matters is USCIS’s opinion and clearly they’re not convinced which is why your approval languished. I don’t buy your explanation that your I485 was pending so long because of a joint sponsor. This is how USCIS will view your case: After the implosion of your first marriage (which wasn’t approved), you expeditiously lined up a second American citizen spouse and filed another petition. Does it happen in life? Absolutely however it’s suspicious and you can bet the scrutiny will be focused on the first marriage since apparently the second has solid bonafides. You can continue the DIY route however be aware your case is neither standard nor will the sailing be smooth. I wish you well.

Who advised such a strategy?

@Abuga are you from Ghana by any chance?

You can TRY, nothing stops you. I won’t concern myself with the part about getting the visa because you already said assuming you could get it. Good luck though, you need it.

What country are you from? What exactly do you want? Be honest with yourself. If staying in the USA is absolutely important to yo, tolerate his gimmicks for another few months until your change of status is approved and you’re solid with immigration then confront him because he’s telling a lot of lies. Also request to meet his “other family” he’s so attached to. I don’t believe he’s married to her (divorce decrees would have been needed for filings) etc but he’s telling a lot of lies about sleeping at office, not being intimate etc. He needs to come clean, commit to introducing you as his wife and fully integrating you into whatever social network he has otherwise you shouldn’t continue this relationship. He’s 63, he needs to cut these games and subterfuge.

Not fully arbitrary however it’s significantly arbitrary, very significantly in my opinion and experience although some here will claim it’s not.

Did you formally file to relinquish the green card? There are a lot of ingredients in this soup.

My experience in my community has been that they hold old retired parents to much lower standards than other demographics. I have seen many older parents with almost nothing in the form of assets receive visas to visit. My hypothesis is that they consider that old people typically do not want to move from where they have lived all their lives so that in itself is a tie that binds to the home country. Go ahead and let her apply, you likely will be pleasantly surprised by the outcome.

Am I confusing this case with the one where the gentleman has already entered the USA? Are you sure your husband is not already here? The number of African (let me limit it to Nigerians and Ghanaians, I am Ghanaian) husbands who will obtain an immigrant visa and then tell their American spouse to go ahead and cancel the visa because they want a divorce is less than 0.03%. Will a man dying of dehydration in the desert refuse a glass of water? 😁 Once again, are you very very very sure with incontrovertible evidence that your husband has not already entered the USA?

You might just have opened yourself up to a lot of delays, ie being asked to provide disposition documents for cases that may not even exist.

Her chances of being successful in the reapplication are slim to none however it’s only $160, won’t break the bank. Back when I was in college a couple decades plus ago and college students from my country used to come over for the summer (ostensibly for a vacation but in reality to work illegally), my great friend a year boy junior applied for a US visa four times in the span of a month. Back then there were no wait times nor electronic interview scheduling, you simply go in the early morning to join a queue. After three refusals, on the fourth occasion the consular officer upon seeing him exclaimed you again and issued him the visa with the “warning” he should make sure to return to complete college. He currently lives in Virginia, legally 😂. We always joke about his persistence. Shoot your shot and good luck!

Many high schoolers and even middle schoolers routinely help look after smaller children in the household in the America I know. He didn’t say he was bringing her in as a slave to be chained in the house watching his children 24x7 and not getting an education. He wrote Her sister and her sisters daughter tells me reasonably the16 years old is likely going to just be a fill-in big sister keeping an eye on the baby maybe a couple hours a weeks like it happens in many households right here in America. Her mother is also going to be here according to the proposal. Pointless over-exaggerated indignation of no benefit. Much ado about nothing!

Why are so many postings ridiculing the OP? Not everyone knows the immigration rules like some do and in many cultures including the USA, younger minor children help with childcare so a 16 year old helping with childcare is not unheard of or strange at all. Simply point out it against immigration rules and save the over exaggerated outrage for something more deserving. To the OP: You’re out of luck. There’s no visa covering that classification unfortunately. Congrats on the little angels 👼.

Unauthorized work by immediate relatives is forgiven. Why are people making a big deal of her remote work for a company in another country? I know the TOS says not to promote illegal activity, by correctly pointing out that her remote work will have no effect on her immigration journey am I promoting illegal activity? I have not said she should continue.

I think you seem fixated on whether N400 can be filed concurrently or not with 751. Yes it can but forget about that. There’s an important issue before you that you need to address, the issue of your un-adjudicated 751. The N400 will not be approved without the 751 being approved first. That means your N400 is essentially “automatically un-approvable”. The decision you have to make now is whether to file a new 751 straight away or go to battle with USCIS (when they inevitably deny the N400) that it’s their fault you never got the interview notice. Focus, all the other stuff is extraneous. This is the meat of the matter because your N400 will and should by law be denied. It’s nonnegotiable. You can be preemptive or reactive. The ball is in your court.

You were misinformed.

It’s your choice. https://www.mmhpc.com/how-long-must-i-remain-with-the-employer-that-sponsored-me-after-getting-my-green-card/ I’m out. Good luck!

If you switch companies too quickly, you could get into a world of hurt with USCIS trust me particularly if the company chooses to be vindictive. As someone pointed out, hang on for at least another four months. It’s a small price to pay in my opinion however you’re entitled to do what you choose. Good luck!

He wants to eat his cake and have it. Continue staying illegally while his petition makes its way through the system then voila when it’s well cooked he goes back home for it quickly. Sorry, no free lunch for non-immediate relatives. He’s looking at a solid 15 years outside the good ole USA 🇺🇸. All the best.

There’s a lot of speculation going on in this thread. It could be one of a zillion things and speculating to me is just going to get us nowhere. What concrete things can he do that could expedite the case? OP, good luck!

Just wait for the passport before jumping the gun. Good luck!