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Everything posted by smilingstone
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Chances of RFE?
smilingstone replied to kiaradv's topic in Bringing Family Members of US Citizens to America
I'd say 100% given that you provided your husbands passport and not your FIL's. -
DoS Status: READY ; but what now?
smilingstone replied to AlexBB's topic in K-1 Fiance(e) Visa Process & Procedures
It can depend on visa type. For some they will schedule your interview, for others they won't. As for the packet, sometimes they don't arrive in good time, if at all. Probably best to figure out what the next steps are yourself, knowing your visa category, and go from there. If you are able to schedule things yourself, there's no harm in doing so. -
Your post history shows you are very impatient. K1 nor spousal are quick processes. If you withdraw the K1 and go spousal route, you will have wasted a year. Are you sure you want to do that? You will experience a longer processing time due to your petitioner having very serious criminal charges. Your case is not DIY in my opinion. If you decide to go spousal, you should procure a lawyer. I think OP was screenshotting other cases, and complaining about how they were adjudicated much quicker than theirs.
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Don't see why this would be an issue. If you've been legal partners under sambo and living together for 3 years, you should have plenty of supporting evidence to show a bonafide marriage - only difference here is that you don't currently have a marriage cert, but presumably something else that confirms your sambo partnership? So get married, obtain marriage cert, and file. Probably a good idea to also include any legal docs confirming sambo for the past 3 years. You should be good to go.
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She is 27, how old are you? I'm assuming there's an age gap if you are previously divorced. Large age gaps can be a red flag. She is Muslim, are you? If not, will you be converting? Again, differences in religion can be a red flag. Prenup is irrelevant to immigration sponsorship. You can't divorce yourself out of that contract. Why was she refused a tourist visa? I sufficient ties to home country? Sounds to me like you'd be better off going spousal, marrying in her country so her family can be there. Try for a tourist visa again so she can visit you, have a seperate celebration with your family, and continue as you are until spousal goes through. It will also allow her opportunity to experience the US. Last thing you want is to go with a K1, she gets here, hates it, and you've wasted all that money and now face ending relationship or moving to her country.
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April 2025 Filers
smilingstone replied to smilingstone's topic in Adjustment of Status Case Filing and Progress Reports
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Put the address he will be living at when he arrives. For the mailing address, put whatever address that will be when he is in the US. Likely the same as physical address. Don't get too ahead of yourself when filling out forms in advance. Main issue is the version number of the forms can change at any time, the expiry date on the forms is irrelevant to this. Last thing you want is to have everything prefilled and either file an outdated packet, which will be rejected, or have to redo it all anyway.
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Advice on going to Juarez
smilingstone replied to Nathan707's topic in Mexico, Latin & South America
It's just like catching a bus, don't sweat it. Make the most of it, enjoy airport services, food, drink, maybe bit of shopping. Turn the journey into a positive for you both, it can help ease nerves prior to interview. -
Help with immigration for my fiance
smilingstone replied to Ealenon's topic in General Immigration-Related Discussion
Well you will have to evidence stable income. I imagine that a salaried position that pays X per year would fare better for early sponsorship than something paid hourly, gig work, or heavily reliant on tips, unless you have a contract that guarantees a minimum amount of hours that equates to the required income. I'm assuming that your comment of getting a job at any time means it would be entry level work, which isn't ideal for sponsorship. If so, I'm also assuming you will be in a college town/city, so job market will be incredibly competitive for entry level work. You may not get a job as soon as you'd like. You'll also have to provide evidence of filing taxes for the year prior to filing at minimum, but past 3 years are advised. -
I485 denied
smilingstone replied to Amber Thompson's topic in Adjustment of Status Case Filing and Progress Reports
I-130 isn't needed for a K1 to adjust. Only I-485, and then the I-764 and AP petitions if needed. Really hope you didn't pay the person who told you to file the I-130... Denied I-485 means your husband is now out of status and is at risk of deportation. His EAD is now also invalid so he cannot work. If he returns to the UK, you may have to go the spousal route as K1 is expired upon first entry, and he will be without a valid visa for re-entry. You need to refile entirely new I-485 and I-764 with current fees - check this incase they have increased since his original filing. -
Help with immigration for my fiance
smilingstone replied to Ealenon's topic in General Immigration-Related Discussion
For a K1 visa, you will need 2 affidavits: I-134 at interview stage, where you will need to evidence meeting minimum of 100% of the poverty guidelines. Joint sponsors are not always accepted at this stage, depending on consulate. I-864 (and I-864a if needed) at AOS stage after marriage once the beneficiary is in the US, where you will need to meet a minimum of 125% of the poverty guidelines. For a spousal visa, you will need 1 affidavit: I-864 (and I-864a if needed) at NVC stage, before interview. Spousal takes a little longer than a K1 and the beneficiary is an LPR as soon as they arrive, but I think you'll need to meet 125% right away. K1 might buy you some time to gain employment securing the 100% minimum for initial sponsor, and then gain employment meeting the 125% later on. But with a K1, you will be stuck being the only source of income for you and the beneficiary until they get their EAD and can work, which can take months. Either way, it's risky when you are going to be a full time student with little income, and there's no scope of a joint sponsor. It might be better for you both to continue with school/work in your home countries and then visit each other where possible. Then, once you've graduated and secured adequate employment, you may be in a better position to sponsor. We've all felt that we "just want to be together as soon as possible", but sometimes rushing it isn't the smartest choice if you don't have all the required angles covered. -
Help with immigration for my fiance
smilingstone replied to Ealenon's topic in General Immigration-Related Discussion
If your sole aim is for him to come to the US so you can be together when you start school, regardless of his study/work situation, to pursue any other visa other than K1 or spousal while fully intending to adjust status for permanent residency would be misrepresentation. There's no K3s anymore. Spousal visa would still allow you time to secure work and/or a joint sponsor. -
You absolutely need to go to the police. They can get translators if the evidence isn't in English. They need to be aware of him incase something happens to you or your family. Start divorce ASAP. Get a restraining order. Whatever you need to do to protect yourself and your family. Surely to God there is something out there which protects a sponsor from being financially obligated if there is a documented history of abuse?
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Applying for my mother in laws tourist visa
smilingstone replied to Ctavarez90's topic in Tourist Visas
They don't just deny a visa without saying why. She just might not understand the wording. Hopefully she still has the denial notices they will have given her after every interview so you can understand. It's unlikely you will be successful if you don't know what you are trying to counter. Also, how many times is she applying and within what time frame? Just because they say you can reapply at any time, multiple applications in quick succession after being denied can look desperate. It is only a tourist visa after all, so it would be questioned why she is so determined.