coraliesolms

What the NVC is doing is actually a bit of a favour. They dont think you make enough, and instead of not saying anything at letting you find out at your interview, they are just giving you a "heads-up". As the letter states its ultimately up to the consular official doing the interview. You might want your non-us spouse to take an affidavit from a joint sponsor to the interview. That way, if the person doing her interview doesnt think you make enough, she can hand over the joint sponsors affidavit (make sure you include the last 3 years of tax transcripts with it).
Good luck with your immigration process!!

Wow... marriage and immigration isnt like "buyers remorse". You cant just ask for a refund and walk away! You married this woman, brought her to a new country and then ABANDONED her... thats terrible. I dont usually get judgemental on these forums, but this is unreasonable!

Ok, as others have said, there is no way for you to remain legally in the US. You entered with a K1 visa and didn't marry the K1 petitioner. You will need to leave the US before you can even begin to start down the road to immigration again.
First, consult with a very good immigration lawyer before you do anything. You're going to need an I-601 waiver, and those are no picnic to get. Proper planning now might improve your chances of getting the waiver approved when the time comes.
Now, once you've hired that lawyer, here's a hare brained idea you might propose...
Marry your USC boyfriend - the one who is the father of your unborn child. Remain in the US until the child is born. Obviously, this means overstaying more than one year and incurring the 10 year ban. Your child will be a US citizen, so no CRBA will be required. When you return to your home country leave your child here with your husband. Being alone in the US with a child should be enough of a hardship on your husband to warrant approving an I-601 waiver request. I'm not suggesting you do anything illegal here. It's not illegal to marry your boyfriend, and it's not illegal to have a baby in the US. It is illegal to stay beyond the time authorized on your I-94, but you've already done that.
Again, don't do anything until you've consulted with an attorney.

They sent the same "cookie cutter" message to our congressman. I received my visa 3 weeks later. Mind you, I called our congressman and the DOS every single day on my lunch break. I figured they would either get my visa done, or file a restraining order
Keep up the fight though. Contact them as often as you can.

This is NOT what anyone would have done. She's married. She's no longer eligible for the K1 visa. The Cenomar is the least of your worries. You're going to have to get MARRIED in the United States AFTER she arrives or she won't be eligible to adjust status. That means you're going to have to LIE when you tell the county clerk that you're not married!
What you should have done is withdrawn the petition when you got married. The best course of action now is to return to the consulate and get the visa canceled, and then apply for a CR1.
K3's are rarely granted anymore because the I-129F and I-130 are almost always approved at the same time. NVC just closes the I-129F and sends the I-130 to the consulate.

This process can chew you up alive. I remember 3 days after my hubby and I were approved at the NVC we were both talking to divorce attorneys.. oversomething so rediculous I cant even remember exactly what it was. After a few days of not talking, I picked up the phone and apologized for turning a mountain into a mole hill and we started talking again.
Perhaps some cool down time, and perhaps an apology for threatening the visa (my hubby NEVER told me he would hold off on the visa, no matter HOW bad things got). I would also apologise for the Valetines pettiness. She sent you something, the florist is the one you should be mad at, not your fiance.
If you are very serious about this, I would book a plane ticket and go and save this. If you are ready to move on, contact NVC and stop the petition.

This process can chew you up alive. I remember 3 days after my hubby and I were approved at the NVC we were both talking to divorce attorneys.. oversomething so rediculous I cant even remember exactly what it was. After a few days of not talking, I picked up the phone and apologized for turning a mountain into a mole hill and we started talking again.
Perhaps some cool down time, and perhaps an apology for threatening the visa (my hubby NEVER told me he would hold off on the visa, no matter HOW bad things got). I would also apologise for the Valetines pettiness. She sent you something, the florist is the one you should be mad at, not your fiance.
If you are very serious about this, I would book a plane ticket and go and save this. If you are ready to move on, contact NVC and stop the petition.

This process can chew you up alive. I remember 3 days after my hubby and I were approved at the NVC we were both talking to divorce attorneys.. oversomething so rediculous I cant even remember exactly what it was. After a few days of not talking, I picked up the phone and apologized for turning a mountain into a mole hill and we started talking again.
Perhaps some cool down time, and perhaps an apology for threatening the visa (my hubby NEVER told me he would hold off on the visa, no matter HOW bad things got). I would also apologise for the Valetines pettiness. She sent you something, the florist is the one you should be mad at, not your fiance.
If you are very serious about this, I would book a plane ticket and go and save this. If you are ready to move on, contact NVC and stop the petition.

Why not go and visit her in Canada? I know its not exactly what you want, but if she has weak ties to Canada and has been denied once at the border, chances are it will happen again. And THEN it starts to look hella suspicious... because she keeps trying to cross the border.
Your best bet is to visit her in Canada, and if you are really happy with things, then file the K-1.
Good luck!

As others have said, unless she returns to Canada permanantly, you are obligated financially for her for 10 years after visa approval. So trying to get a divorce on those grounds is just going to cost you more money.
However, if something led up to this, like a bad fight, maybe she just needs time to ger her feelings in check. You know that she is ok, and all you can do is keep trying to reach her and talk this out. Divorce should always be the last option that is chosen. You have been together for a long time, and just went througha gruelling immigration process, give her some time, and perhaps use this time yourself to reflect on what has led up to this moment, and if it can be fixed through counselling.
I wish you and your wife the best, and I hope you can pull through this together!

I am not one to be judgemental, but how is it you got married last summer and you guys havent filed for a CR-1 yet? Understand one thing, this process is all about proving that your marriage is legitimate. If your interviewer does not feel as though you are really married (and you need to show proof, emails, valetines cards, phone records, pictures etc) they will deny your visa application.

As others have said, unless she returns to Canada permanantly, you are obligated financially for her for 10 years after visa approval. So trying to get a divorce on those grounds is just going to cost you more money.
However, if something led up to this, like a bad fight, maybe she just needs time to ger her feelings in check. You know that she is ok, and all you can do is keep trying to reach her and talk this out. Divorce should always be the last option that is chosen. You have been together for a long time, and just went througha gruelling immigration process, give her some time, and perhaps use this time yourself to reflect on what has led up to this moment, and if it can be fixed through counselling.
I wish you and your wife the best, and I hope you can pull through this together!

No written statement. If they asked me to go into the consulate then I would have obliged. If they then separated us we would have declined to participate and left the consulate. They can't hold you against your will. I made this abundantly clear to my wife. Obviously, this would have resulted in the visa being denied on the spot, but I would rather deal with the returned petition than subject my wife to a Stokes interrogation.

Bruce,
I'm going to share something with you, and you and your fiancee can discuss it.
I knew before I filed the petition that the consulate in HCMC sometimes conducts Stokes interviews. I also knew that they were a relatively rare exception and not the general rule, like at some other high fraud consulates. The consulate in HCMC is one of the busiest in the world - I think I remember them claiming they were the 5th busiest. They don't generally want to spend any more time on any one case then they absolutely have to. They'd rather hand your fiancee a white denial slip and send her out the door then spend any additional time with her. And like I said before, this is the first time I've ever heard of an interview being scheduled after the visa had already been denied, and that required the petitioner to be present. I think there's a good chance this is going to be a Stokes interview.
My wife (fiancee at the time) and I discussed the possibility of a Stokes interview before I ever sent the petition. In fact, we discussed pretty much all of the possible scenarios. We decided how much we would be willing to take and where we would draw the line. Ultimately, we decided that a Stokes interview was crossing the line. We decided that if we were called in for a Stokes interview that we'd tell the consulate to get stuffed, and we'd walk out. We'd deal with the returned petition after USCIS got it back. I'll deal with any amount of bureaucratic delays or any reasonable amount of scrutiny, but I was not going to allow any government bureaucrat to force me or my wife to beg or to humiliate us.
This doesn't mean I would have given up. Far from it. I would have fought tooth and nail to keep USCIS from revoking the approval of the petition. If that failed then I would married her and started again with a spousal visa. If that ultimately failed then I would have gone to court. If I exhausted every possible avenue then I would have said goodbye to my family in the US, and moved to Vietnam.
I'm not telling you that this is what you should do. That's a personal choice only you and your fiancee can make. But you should discuss this with her, and decide where you'll draw the line. A Stokes interview can be very a very traumatic event, especially if you or your wife don't have a strong personality and the willpower to deal with it.

Answer all questions accurately and truthfully. I-134, I-864 and I-864EZ are all "affidavits of support" and so regardless of which one you signed, you list the people. Whether they should be or will be counted as part of your household is a separate matter. If you wish to add your own statement with regard to their current status, suggesting which, if any should not be counted, go ahead. The I-134 does not ask YOU to state your household size.
If you list assets, be aware that it takes $3 in liquid assets to make up $1 of income shortfall. For Child support, to be counted, it must both be court ordered and that order and its actual receipt of funds by you must be documented.
While London may or may not apply the 125% standard, it WILL be applied when your loved ones adjust status.
They won't consider your only car or a computer but your 401k and stocks are good. State the actual current value of your 401k but don't expect them to consider the full value because of taxes and penalties associated with liquidating it.

Aside from children who are simply not in a position to fend off an abuser, abusing someone requires a participant to allow the abuse. In the world of drugs, we talk about enabling drug abuse.
Your "fiance" did something immature: he stated that he would be ready to marry you and once you've agreed and left your life behind and moved to the US he felt that he can live up to his word and commitment any more. He needed more time.
The more time passes, the more convenient it becomes for him to have a worker, partial provider, and willing skin toy, which gives him total power to get rid of you easily the moment he feels like it.
Tell him his time is up, as it gets to the core of you to be instantly deportable. You did bot come to the US to live in the shadows; you came in order to marry him and live a life as a respected equal to him. Give him an ultimatum to marriage and AOS and if it doesn't work, cut your losses and realize that getting married so early in life is indeed pretty scary for many boys.
Wish you the best.

We've filled out the forms, and paid out the fees,
We've dotted the i's and crossed all the t's.
It's frustrating at times, and seems like a racket,
When you get the forms, but no instructions in the packet!
Now we sit here at times, and say what's the deal,
Please simplify the process, not re-invent the wheel.
You'd think that by now, it would be figured out,
Cuz how many people have gone the same route?
My fiancé and I, have been waiting forever,
For an interview date, its now or never?
The stress of it all, can be hard to take,
Especially at night, when you lay wide-awake.
You try to stay cool, and you try to stay calm,
not turn crazy, and blow up like a bomb.
So please make it soon, and grant him a Visa,
So Natoy can come home, and be with his Leesa!
(Lisa is my first name and Nicole is my middle)

There's bits in here that are right and then bits that are incorrect.
First of all, the States don't have anything to do with immigration. That's a Federal matter and it's the Immigration and Nationality Act (INA) that contains all the law about immigration, including the way to become a permanent resident.
Secondly, it's never illegal to enter on the VWP with intent to marry. What's illegal is entry on the VWP with intent to adjust your status from "visitor" to "permanent resident". So you can come over and get married. You just can't file the paperwork to stay.
So, this is the part of the law where the Service was previously turning a blind eye, as you call it. And actually, they still don't deny adjustments based on this presumption. There is numerous case law which has established that intent to live permanently in the US as the spouse of a USC is not reason enough to deny the adjustment.
You are also correct that if you enter on the VWP and try to adjust and that adjustment is denied, then there is no process for appeal. The landing card you sign before you board the plane contains this language in the fine print. This is the part of the law that is getting people "deported" if the adjustment is denied (these persons are actually given the choice of a voluntary removal).
Where the law is being tightened now is a couple of areas. First of all, VWP is supposed to be for short term stay. Secondly, if someone enters on the VWP and stays beyond that 90 day stay, they have no real legal status after that ninety days. The language used by laypeople on forums is "overstayer". Once a person files for adjustment of status, they are protected from removal from the US by virtue of that pending petition.
Here is where the catch is - if the VWP entrant accrues time between the end of their legally authorized stay (90 days) and the date USCIS accepts their I485 for adjudication, the Service (in certain districts) is using that time in between to deny the case. In essence, they are using the overstay against the alien. Which they have every right to do.

How did I cope? Well, I just did. It really broke my hubbies heart when he heard me crying on the phone, and I had to steel myself against it, because I didn't want to make it harder on him. That being said, there were times when a couple of glasses of wine and a good cry did the trick.
Mostly I just worked myself to a standstill. The more I worked and took online courses to keep my brain on other things, the less I thought about how much it was hurting. Before you know it, BOOM, interview letter!
I know you dont like to hear it, but keep busy, it really does help. And keep it fresh too! Send pics regularly and have some fun with it. It is definately all worth it when its over. The 3 years I waited for my visa have just vanished, I have to work really hard to think about them and remember them!

Wow... what a botch-up. I certainly hope that you get all of this resolved!

Sorry - the one bit that apparently no one has explained to you (myself included)
is that
USUALLY - the I-485 is 'held' until the I-130 is approved. Since all is now confused - YOU need to resolve it.
Best to call to USCIS, get a Tier 2 human (bully yer way through the Tier 1 human, it's their job to not give you a Tier 2 human) and then explain in some detail what's going on - remind them it's an AOS from a K-1 visa, and you concurrently filed the I-130 in error.
Can you do that now, whilst that office is open?
Please?
Purty Please with laksa on it?
--
Harpa Timsah - normally, I would agree with anyone suggesting an infopass appointment - but for this type of 'procedural error' - it can be resolved over the phone with a Tier 2 Human - who can do, actually, MOST of what an IO at local USCIS office can do, over the phone at his/her terminal.

There is no "some say this" or "some say that." The law is very specific here. The K-1 visa allows for a one time entry in order for a US Citizen and a foreign national to get married and then allows the foreign national to apply for an adjustment of status which can lead to long term residency.
The goal of her coming to the US was to marry this person. If this doesn't happen, she needs to go back.

Well, this forum is also a sounding board for plans. If 9 out of 10 people on this forum (none of which are trained consular officials) say that her story sounds very strange and there is probably something else going on there, then you can be SURE that the consular official doing her interview will have many red flags raised in his or her head as well.
Please try not to take offense, but understand that walking this path could be very tricky for you and your companion. Be very careful, the consulate will most likely suspect that some kind of fraud is going on, perhaps not with you, but they will grill her.

Well, this forum is also a sounding board for plans. If 9 out of 10 people on this forum (none of which are trained consular officials) say that her story sounds very strange and there is probably something else going on there, then you can be SURE that the consular official doing her interview will have many red flags raised in his or her head as well.
Please try not to take offense, but understand that walking this path could be very tricky for you and your companion. Be very careful, the consulate will most likely suspect that some kind of fraud is going on, perhaps not with you, but they will grill her.

She can not adjust status from K-1 if she does not marry the petitioner. She would have to exit still even if they were to marry here but could file for CR-1 visa though.