OldUser

Utterly illogical.  I’m out. 

I am definitely considering doing exactly what you recommend. I just want to gather as much information as I can before making a decision that is going to affect the life of my child forever. If I pull the plug on the visa process it probably means that my child will never live full time in the US. That's an almost impossibly difficult decision to make. I haven't made any decisions yet.

To answer your other question, yes, the idea was to make financial support part of the divorce agreement, in exchange for which my wife would agree not to pursue any additional support thereafter other than normal child support.

Not until child is 21 

Leaving immigration aside for a minute… if you stay married and she comes here, your child will see that his parents are in a relationship where they don’t love each other. Kids pick on that. He’s going to believe that this is the norm for relationships. Stay with a partner just because. Is this what you want to teach him? 
And don’t bring a baby here just because your parents aren’t willing to travel internationally. If money and health are not an issue, let them travel to see the baby. Why does the baby have to make the concession, and not them?! We are talking about a child that didn’t decide to be born. 
Now, off to the immigration side of things: staying married just for immigration purposes is fraud. If you’re the one to inform the IO and are worried about the legal consequences, get a family lawyer from her country first prior to doing anything. And yes, if she doesn’t inform the officer then it’s on you to do so.

How are you going to provide evidence at the interview of a genuine relationship? Are you going to make stuff up? How is she going to present herself at the interview? Lying is the only way through this and it will end badly. 
 
Spend your money on a lawyer in her country and get visitations to bring your child to see your parents. 

Marriage for immigration benefits only. Is fraud. 
 
The AOS can be used against you for keeping your wife above poverty level. Child support and alimony.  First and foremost I'm not saying do not support your child. But once your wife is in the US she will need her own lawyer and depending on what lawyer she finds. You can be taken through the wringer. 
 
The little bit that you just posted. About not trusting her makes me say don't do it. 
 
 
 

Just my opinion, applying for AOS when you're close to your O1 status expiration or when you're out of status may be a red flag for IO. If you were already living together, married and submitted I-130, I-485 etc 6-8 months it would look better, e.g. you're not basing your life on immigration.

@Dantrolene 
Great! For anybody in similar situation think of these things:
 
- Where would the immigrant be getting their state ID / driver's license?
- Where would they be seeing their dentist / doctor?
- Where would they be filing taxes once they become LPR?
- Which airport are they going to use to fly domestically and internationally the most?
 
These and some more questions will help determining which address to use if you have multiple places you spend your time at.

culture of Nigeria detonates husband would be under a lot of pressure from family to produce children 
if your age difference puts u past the age of having children ,  it may be the breaking point and what is now on his mind
 
if u continue in this process and he ends up getting a visa and coming to US ,  expect him to divorce here since divorce is what he wants
 
BTW  he could be denied at any interview for any red flag issue 
CO can even go thru his media and come across the notice of wanting a divorce 
 
its hearbreaking to fall in love,  spend time and money to be with a loved one but give this one up as he isn't putting everything into the marriage,   u r
 
when marriage is good ,  its good 
when its bad ,, its bad 
and there is no in between

Sounds like y'all are frustrated about the wait and the process. Remember that if you withdraw the visa, you cannot withdraw the withdrawal. You'll start from scratch. Are you sure this isn't something you guys can talk about?

I'm so sorry the visa process has been so long and arduous for the two of you. But, if your husband has decided he wants to divorce and end the immigration process you should honor that wish.
Do not think of it as wasted time/money. If you continue the process with a partner who no longer wants to be with you it can become even more expensive! 
Husband will not be able to come to the US on the spousal visa if you are no longer married. 
I would file for divorce in the US and not Nigeria/Ghana so you both know the divorce is real and neither of you have issues if you decide to remarry each other (or another person). 

It's important to confirm that you filed 864 and not 864A for this sponsor (but based on your comments it seems you filed 864).
 
It's not clear to me whether USCIS considers the amount you entered in Part 6, line 7, which you said you put 39,673, or whether they consider AGI.  I would bet that it is the amount on Part 6, line 7.
 
Also, you say you listed your sponsor's real estate assets, but USCIS may consider that is not liquid and so it can't be used to support your household of three.  Did you list the IRA as assets?
 
I would say the only safe way to proceed would be to get another sponsor.
 
 

The biometrics will be scheduled at a specific office that is linked to the address you use when you file.  Most of the forms ask for both a physical address and mailing address (which for most people would be the same).  In our case, my wife was invited for biometrics at our mailing address.
 
If you are in Michigan most of the time, if your mother's I-130 was already approved, I can't see any advantage to staying with the Washington address.  Your new forms will be a new process and I don't see how changing the address will make any difference.

That's right, you cannot get N-400 approved without I-751 approved first. That's why nowadays best course of action is to wait for I-751 approval before applying for citizenship, to avoid mistakes on USCIS end.
 
If they don't reschedule the Monday interview, the worst thing that can happen is: you pass N-400 tests and won't approve you until I-751 is approved. Then you will be in a limbo waiting for I-751. If you're waiting for more than a year, you can explore the option of suing the USCIS to get you a decision on I-751. They may send you an RFE and / or call you for the ROC interview as the result. And then you will get approved, hopefully.
 
Best case, they'll have your file on Monday and be able to perform the combo interview.
 
Either way, take your spouse with you.
 
Good luck!
 
 

That makes sense. I'll keep it Michigan then and if she happens to be in Washington when we receive the biometrics notice. I'll have her travel to Michigan for her biometrics. Hopefully they give enough notice for biometrics appt. so we can arrange traveling etc. 

I’ve seen a few people online here also complaining about issues from filing them separately. Chances are 98% of cases are fine and it’s the 2% who moan loudest. But I agree with you, why take a chance if you don’t need to? If you need to file something by paper may as well do both and keep everything together, just in case you do end up being one of the small percent where it goes wrong.

Drive down with the intention of ENTERING and MOVING to the US when you activate the visa. 
When you get to the border inform them you have a IR1 visa and are moving to the US- inform them you are not just visiting. 
It doesn't happen often but sometimes the officers don't believe Canadians are moving to the US and will not endorse the visa. 
I would also pay the $220 ASAP. 
 
 
 
 

I would avoid going out of status.

Again, no guarantees on the timeframe even if you move to Cleveland.  Also, no guarantee that the change of address sent to USCIS will stick.  Some VJ members have had issues with it.
 

@Dantrolene also remember to include fee free forms in your packet: I-131, I-765. You may think you may not need them now, but you never know. Plus they're free.

I-864 is never submitted with the I-130.  It is submitted to the NVC during that stage of the consular visa process.
 
Now that you have switched to Adjustment of Status, you will need to submit the I-864 with the I-485.
 

File for EAD I131 and AP I 765 at the same time for of them. No fee for these are file with the AOS .. 

Chances of it being approved are probably very low though. A lot, if not most of tourist visas are denied and her having engaged to the US citizen and denial in the past is not going to help.
 
Do you both own real estate in Colombia? Is your spouse pursuing a degree in Colombia? Did you spouse travel to foreign countries, say in EU, as a tourist? Things like that may increase chances of approval somewhat.

@jackiegringa here is motivational success story from today
 
 

@jackiegringa here is motivational success story from today