W199

She has zero chance of getting a tourist visa. There is such a thing as a K-3 for this purpose, but that is also not feasible so late in the game and is extremely rare of being granted.

Is it possible the mismatched DS-160 confirmation number was left over from the profile when doing the Tourist visa and got automatically populated?

That is a valid fear, who knows what will happen and if they will grandfather in any applications before such and such date. If you are worried about that, then why don't you just go there next week and marry her, and apply the following week. You can start the paperwork now so that it is all ready to mail in when you get back from your trip. Boat loads of time to get it all done before the inauguration. You can do a Utah zoom wedding either before you go, or while you are there to avoid the long delays in a local marriage. But if you did it before you went, you still need to go there and consumate it before applying for the CR1. It only takes a 3-7 days to arrange a Utah zoom wedding, so book your tickets for this weekend, and plan to spend a week a there. simple. hehe. Just my 2 cents, another reason for a K-1 is to give more time if you want to do a prenup. A prenup is very weak if done shortly before the wedding. Also, factor in any concerns about about being married and the VISA being denied or very long delays due to your AWA issue.

In all those cases, how many children did the MIL have left in the Philippines? I wonder if its related to most of them having many more children than some other countries to tie them back? Well, I don't believe its a "slam dunk" just because they are old. There are many other factors involved that are unique to every case. But you have convinced me to give it a shot for my MIL Lets see ..... First step is waiting for the PSA BC for a "delayed" birth registration. This is going to take a few months.

The agents do make it easy for the consular officers. They see the same fake or exaggerated paperwork and schemes everyday from the same agents. Results in a very easy and fast denial that is hard or impossible to ever overcome. So yeah .. they do influence the consular, but not in a good way ...

All that they will look for is that your marriage date was after the date the divorce was finalized and absolute, and that your relationship is bonifide and not for the purpose of obtaining an immigration benefit. When they asked my fiancee why did we wait so long to get married (strange question), she did NOT say "because we were waiting for the divorce to my ex", instead she said "waiting for my child to be emancipated" .. Both of which are 100% true. Just point out the positives.

This is not the dark ages. I'm sure that not a day goes by they don't meet couples who met before their ex's divorce was final. Its quite normal and common. And dating before your ex's divorce was final has nothing to do with the bonafide relationship. In fact, the longer you've been dating and known each other the better. You should submit photos of the wedding and photos that include family members and friends, with captions that include dates, location, and whose in the photoss

Actually you can also file as "married jointly". If he has no income to declare, then this will result in a much lower tax. You can do this even though he is not a US resident and doesn't have a SSN. But there are a few simple steps to follow to do this; they are clearly documented on the IRS webpage.

Then at least you are safe from am IRS audit. If you amend the return, then your ex will need to also amend otherwise an automatic audit will come in 2 years. And usually your divorce agreeement spells out an agreement on how the last tax return filings will be done. So if the divorce agreement conflicts with that, and she doesn't agree to amend with you, that will be another nightmare. The I-864 is only to prove your income. Does it identify what portion is your income vs your ex? I would imagine when K-1's are processed quickly, its common for the prior year transcript to be a joint. I don't know how USCIS deals with that. But there is also a wages tax transcript which shows all the W-2's. I would just be sure the tax transcript makes it clear that you have the required income, include the wages/w-2 transcripts or copies of your W-2 for additional proof of income. Then pray you don't get an RFE. Or you could do it all correctly, which is to file the amendment. But that can take 1-2 years to process so you won't have a transcript and will need to send in your tax return with W-2 and 1099's.. and still hope for no RFE due to tax transcript. But that is less risky. Probably best bet is to consult with some lawyers or agencies that have had real experience with this

Did your ex file this joint tax return with you, or did she file her own tax return?

To file an I-129F, you only need to prove you have met within 2 years of filing the form. It doesn't matter if you were married when meeting her. The proper way to prove that so you don't get an RFE is another topic. But you should start preparing and/or planning gathering that evidence now or for your next trip to visit her. You also need to prove both of you intend to get married, but that is just a simple signed 1 paragraph affidavit. You can even have her sign that on your next visit. For the proof of a bonifide relationship when she interviews at the embassy, it also doesn't matter if your photos and relationship started while you were married to your ex. What matters is the quality of evidence of your bonifide relationship. Getting the divorce finalized is a emotionally dramatic, even after being seperated for 1 year. So a K-1 makes a lot of sense, rather than getting married the next week. However, in your case, I would highly recommend just having a longer relationship, at least 2-3 years and then re-visit the decision to do a K-1 or CR-1. For myself, I prepared the K-1 package prior to the divorce, and about 3 days after the divorce, I filed the I-129F. However, I dated her nearly 6 years prior to this so I knew her and all her family very well and wasn't just jumping in on an emotionally rebound. I suggest you take your time too.

Ahh, I hope sent in court certified dispositions of the cases. Should go smoothly ...

What documents did the RFE request? What was the issue?

There is a agency run by a Filipino-American couple that I used that specializes in Philippines K1 and CR1 VISAs. It was only $600 and they did a fantastic job and provided unlimited support through the whole process. My case was complicated and they gave me better advice that the lawyers tried to give me. The saved me when I had to do a waiver. They knew a lot of subtle things specific to the US embassy that other agencies wouldn't know. They have done several thousands of them. I'm not here to advertise for them, but if you PM me I will be glad to give you their contact info.

How many days has it been since it was delivered and not marked as received?

Since you were admitted under a K-1 VISA, you should leave question 3 and 4 blank. Don't even need to put down N/A, because it says "if any". This is how I and countless of other K-1 AOS did it ...

When I filed for my Wife's I-485, my tax return was for being unmarried since taxes are not due until April and it was too soon to submit joint taxes. I provided no other evidence other than my passport to prove I'm a USA citizen, and the marriage certificate. USCIS knows you just got married days ago on a K-1 and they don't expect you to have joint bank accounts, or joint anything so fast. Clearly this is not a case of applying different standards. There must be some red flags, and they are seeking all this extra evidence now because of these red flags. The big question is what are these red flags. I am guessing there is some facts or data here that we don't know and that the USCIS isn't so stupid to request a ton of married evidence when they know you just got married. They live and breath this and something about this case, which we don't know the details of, set of the alarm bells and red flags. Maybe they even felt some of the submitted documents were fake such as the joint tax returns filed before tax season even opens. I have no idea, but I am sure there are facts that we don't know and that USCIS is not telling you, and for which they need compelling evidence to overcome. Maybe someone even reported them to USCIS... In anycase, I agree with others, the only way around this is to start collecting an abundance of overwheling and compelling evidence ...

Usually the earliest the tax season opens for filing is January 29. But you filed your I-485 before then. So how did you file joint taxes so early? Also, most people, can't file until at least March until they get all their w-2's, 1099's from the banks and brokerages. Therefore, how is it possible that you filed 2023 taxes, prior to filing the I-485 in Jan 2024?

Were you 2023 joint taxes that you submitted for you and your ex-wife? Or with your current wife?

If you are both residents of Massachusetts, you technically cannot get divorced in a foreign country because that would bypass the divorce laws of Massachusetts. But if your wife was still considered a resident of the DR, or a big maybe, if the DR still has legal jurisdiction over your Wife (or you), then it would be legal in Mass. Some Countries have a law that will consider you a resident for the purposes of granting of a divorce after staying there for a week (in order to get around this issue). Hence, the strength of the divorce certificate and the terms of the divorce (alimony) depend on if you can prove the DR had jurisdiction over you or your ex, just one is enough. Hence, you should be fine unless your ex takes you to court to challenge the validity of the divorce or the terms of the agreement. If you can prove the DR had jurisdiction, you'd be all set. And the answer to that depends upon the law in the DR. There have been rare cases when the wife went to file for social security or something, they denied it saying the marriage was not legal due to the divorce not being valid under the laws of your State, often due to the place not having legal jurisdiction. I had gotten divorce overseas as well. I have had zero issue or questioning using the foreign decree in getting remarried or getting a visa and greencard, etc.. with my new Wife. But we got divorced, same as you, in the country where she got married, but in my case she stayed in her Country, so no one can challenge the residency and hence the jurisdiction. Since your Wife is from DR and you got married there, probably you won't either, unless your Wife tries to challenge it. Then it would depend on how good your lawyers are and the judge.

Congratulations! I stand corrected.

Did your MIL have her interview yet? When is it scheduled for? I'm excited to know what the result is and if there is anything lessons or advice you learn from her interview that could help others in the same boat. Thanks

Yes, every word he said is typed in by the officer and his comments and his reason for denial. Its extremely rare for these types of lies to affect an I-130/K-1 visa since the intent is to immigrate anyways. But recently there was one such case. However, you do not really know what he said during his 1st or 2nd interview, or what the officer dug up on him. Neither will tell you. If it really as simply as lying about having a gf/financee or knowing someone in the USA during his first interview, most likely that will be forgiven so I wouldn't worry about it. If it is something more insiduoius, you'll find out later ...

There are several webpages that do a good job in comparing them and compete for a good price. Usually I use https://www.squaremouth.com/

As I said, the mentality, and decision making process of granting a tourist visa to someone in a high risk and fraud country that has strong ties to the USA (her daughter, your house, etc..) is not going to be what you expect. It is infuriating and frustrating. They have very strict guidelines which transcend common sense and fairness. The fact that she is coming over to the USA by herself, never workeed, has presumably adult kids (no little kids to take care of), doesn't have a job to come back to, probably can't support herself without your help and the tickets, and I presume "not rich living in Makati", etc.. is not going to get her a VISA unless you have a lot of other factors that you have not revealed. Remember, to get a tourist vias you do proving why you are going to the USA is not what is required to get a visa. Hencing proving she will visit you and stay with you means nothing. The CO is required by law/regulation to presume the applicatant is trying to immigrate. The requirement is the applicant must prove why they will not immigrate, and return to their Country. How can your MIL prove that that she will return to her adult children in the Philippines rather than stay in the nice 4500sqft comfortablel house with her favoriate daughter married to the American with potential medical issues? She has 1 minute to prove it .. and just saying she has her husband and adult kids isn't enough. Countless of other people in her shoes have done the same and "changed their mind" after arriving. So they ruined it for honest people like ourselves. I presume she has not traveled to Europe, Canada, etc.. yet either? Its going to be a very hard and unlikely sell. I'm not trying to be a jerk .. I'm just telling you what its like and how the CO's think and their requirement. It's not going to be the common sense that you are thinking. I hope you prove me wrong ... If you do, I might try it for my MIL too. But otherwise, I'm not going to waste what I think will be a waste of time and money and create trauma and dissappointment.