Immi_Enthusiast

Good morning for me! I haven't forgotten about you. I tagged a lady yesterday that was in a similar situation, but that's not the only person that was successful, and I am actually talking about someone else. Let me see if I could find her now with some more caffeine on me haha.

EB-5 / Investor visa 
 
I think you should cross that bridge if you get to it.  

Oh please relax, no judgement from me. I married the same idiot ( twice ) and he shared our “bed” with uninvited guests…(yup divorce happening)
 
I know you want the immigration attorneys to give assurances “ of where you stand” since you’ve made up your mind to do Consular Process and you would  prefer your ESTA not to be disrupted during the process…but nothing to lose with filing . IF you truly want to move to Ohio and spend a decade away from mom, friends and the other pieces of your life.
 
No need to sweat bullets when crossing because many many travel freely during the I-130 consular process and when directly questioned have answered “ visiting spouse” . 
 
 

As long as you have money, why don't apply as an investment ? 
 
 
 
 
 
 
 
 
 
 
 
 

Again, I know not one of your immigration questions, but just wanted to include… In addition to this, something you may want to be wary of with asset transfers are the state laws that allow D.O.C. to collect funds from an inmate to pay back the cost of his/her incarceration -it is costly. 

Finally a high vibe answer, I also have asked a couple of questions and marginally found help. Most of all are always judgmental cause do not believe in the bona fide of the marriage. Only women like us, married to an inmate, can understand. We are here in this forum to ask for help, cause, even the best attorney can make mistake. Thus, God bless you for your " it can be done, it has to be done", in addition, the reason why women with our situation don't share the final result of the journey might be because,  regarding our specific case, we always find a lot of ostracysm and no willing to help. That's for my experience. God bless all of you who try to support us, no matter what

My advice is wait to add him to any properties. Given his charges now that he has assets the victims family may file a wrongful death suit and get a judgement against everything he owns. Not to mention his court fines. Don't mix finances and talk to an account about filing separate but married. That's just my 2 cents

Trust me, you don’t see what’s happening behind the scenes and one of the thing they do is check your credit report and credit score. I’m pretty sure the OP spouse situation would be visible to them and they can flatly deny, rightfully or wrongfully but that’s beyond the point. 
As to the OP, she is not a citizen or permanent resident - hence the post -, so she won’t be able to open the account in the US.
Why do people think everything is easy in this country? It’s not, actually pretty hard compared to other countries… and I have experience with a few others. 

@veronicabiondi you can immigrate to the US with a husband in prison , it has been done by a few people on this site and others who are not. There was a women from France who immigranted to the US with her husband on death row so it's not impossible. As for the interview ,USCIS policy Manuel chapter 5 - interview guidelines clearly stated the interview can be waived for incarcerated petitioners. If you look up @Mattelo on this site you will see she successfully received her green card with a  husband who has a life sentence. If you can prove your marriage is valid , you obviously can because you have the evidence to show , you can prove you will not need government assistance and or have joint sponsor who meets the requirements there is NO reason for your green card to be denied. @Jill Mackie mentioned on this post , uploaded 400+ pages of evidence of an 7 year relationship. That's longer most people who have a "normal marriage" stay married for . You could easily complete the application yourself without wasting money on an attorney , most of them are clueless when it comes to cases that are out of the norm. It can be done , it has been done , so you should be just fine. Good luck and don't listen to those who judge , it's nobody's business but yours. 

Assets cant be primary home. Will this be rental property? Plus all assets if you choose to use them would have to be in a US bank account of petitioner. Your property in your country also does not count unless you sell it and deposit monies in US bank account.

The husband has assets.  Plenty of assets. And liquidating these  assets will clearly have no hardship on the husband. I-864 looks like an open and shut case.  
 
He  doesn’t  need a joint sponsor. 
 
You  also clearly don’t need your husband to get an immigration visa. EB-5 investor visa is easily in reach for sometime with gross income of $600,000 a year.  
 
Either way it is your choice.  
 
I don’t understand why lawyers won’t help you. And I am not seeing why you need their help. 
 
You can DIY this entire thing for a spouse based visa. 
 
By the time you get your visa it will be an IR-1 because you will have been married more than 2 years given you married in 2019.  This means no I-751. No I-751 interview.  
 
The only risks I see are
 
1. is if he is called for a rare (as in I’ve heard of  it just once) I-130 interview or I-130 biometrics. He would need a furlough for that. 
 
2. The embassy demands he attend the interview. Rare but not as rare as 1.  There is no way he is getting a furlough. 
 
I could imagine USCIS or the embassy summoning him because he has a criminal record and of course they know he is unlikely to attend. 

Intending immigrant's assets can be included on the sponsor's (petitioner's) I-864.  Quoting from the I-864 instructions:
 
If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement.
 
Ultimately, the decision will be made by the officer at the eventual spousal visa interview, based on the totality of the circumstances.

Thank you Rocio0010. If that's indeed the case and he needs to meet the financial requirements(I was literally told the opposite from attorneys that I paid for consultation), then we are in the process to add him as the main owner of the property that I purchased in Ohio. We have initiated that process so basically he will have assets. Would that count?
 
Thanks

Sometime you could find a attorney through Churches. Reach out to a Church community near by you to seek help with attoney.

Fortunately for op he has made it to America and knowing Nigerians because I roll with a lot of them; he won't be homeless for long, lol. Despite the bad image Nigerians get around the world, they are some of the hardworking and ambitious folks in the world. Nigerian immigrants are the most educated immigrants in the US; go figure. The pressing thing for op is to divorce and move on with his life, and if chooses to live that life in the US, at least he will have that option.

Nobody needs your sympathy. I fully support any immigrant who has gone through the trouble of applying for and obtaining a marriage visa following through and coming to America even if the American spouse changes their mind about coming.
 
Immigrants are not sacks of potatoes to be cast aside according to the whims and flakiness of the American spouse. Quitting one’s job, preparing to migrate, notifying one’s friends and family etc and then being told don’t come is not trivial. 
 
 

Agree.  The wife set him up, imo.  Now, I hope the OP uses every avenue available to force her to meet her obligations. 

Being proactive is better than just waiting around for her to file the divorce first. I would, at least, consult an attorney asap.  

Based on your post, I wouldn't wait any longer than necessary.  

Thanks for responding. Yep, we went into our local SSA office when he had his green card and the SSA officer started a third application but it can't be processed until the "mismatched'' is fixed. 
 
I haven't talked to USCIS again, yet, but will try tomorrow.
 
I was hoping someone had also experienced this and could provide some pointers but it's been quite here on VJ. 
 
Its a black box and I can't even understand what exactly the issue is, yet alone, know how to proceed. 

It's simple really...
 
It's far easier for the US government to deny an immigrant visa case whereby the applicant is in their home country and doesn't need to be deported vs. a failed adjustment of status case whereby the applicant could just fall off the radar, or have to be put through removal proceedings.
 
Do I agree with this stance? Not really, Canada on the other hand is perfectly fine with tourists planning to submit an inland application for permanent residence when they enter the country. Though they will refuse to issue a temporary residence visa (if you require one) if they think you're planning to do that. If you're already in possession of a TRV or visa-exempt, then it's no big deal.
 
Could be worse though, the UK doesn't allow you to apply for PR at all (ILR) until you've resided like 5 years in the country, even if you're a spouse. You get a visa granting a stay of 2 years 9 months, then you renew it for a further period, then only after that can you get ILR, and if you were admitted for no more than 6 months you must apply from abroad.
 
At the end of the day really, different countries, different requirements and the joys of being an immigrant is if the government tells you to jump, you say 'how high?'

And it creates flow-on effects that impact those who do just want to visit the US for a vacation.  They pay the price for those who found a spouse 10 minutes after leaving baggage claim.

Not surprised Kenyans are on the list.
 
We tend to carry our "not so good" manners abroad too. 

That report sighted 1 incident of a fraud claim against a Russian woman.  Also, the woman was already in the US - Maryland, when the man met her.  None of the other 332 cases of VAWA fraud mentions Russian or Ukrainian women, or men. 
 
Here is something interesting that I discovered while trying to see if there is a list of countries for fiance/spousal visa fraud:
 
https://www.lawfirm4immigrants.com/fiance-visa-fraud-avoiding-false-accusations/
 
 
It's interesting to see Ghana on that list, and not Ukraine or Russia.
 
As I stated earlier, in the Ukrainian circles my wife and I are involved with, we have never hear of any incidents of VAWA or other marriage fraud. 
 
I do know of 2 people who adjusted status from tourist visas, with which I do agree there seems to be some people that abuse the tourist visa.

Swearing believably to the consular officer at the tourist-visa interview that one intends to return is a matter of faith.  Often, the only thing that the CO has to go on is the applicant's travel history -- a good record of visiting other countries and returning.
 
Entering on a tourist visa is one thing.  However, there's nothing to stop the "change of mind at baggage claim."
 
Congress needs to revise immigration law to prohibit adjustment of status from tourist visas -- period.